MSU-DCL Hosts Conference for Evidence Scholars Craig R. Callen “Judicial assumptions about rationality are at the core of evidence law,” explains MSU-DCL Professor Craig Callen. “Courts and attorneys rely on implicit theories of decision making in resolving the most common evidentiary problems.” Callen gives as examples two types of evidence that are subject to special limitations in the courtroom—character evidence and hearsay—which are thought by courts and rule makers to have potential for unduly influencing jurors. Judgments about whether they in fact have such an effect, assume the existence of standards against which the quality of jurors’ decisions can be measured. Such issues formed the backdrop for a conference, “Visions of Rationality in Evidence Law,” that took place at the law college in April 2003. The conference, organized by Callen, brought together scholars interested in evidence law, psychology and philosophy to analyze questions of evidence in terms of alternative understandings of rationality. Speakers from the University of Michigan, Northwestern and other law schools used analytical tools in logic, economics, philosophy, psychology and cognitive science to dissect problems in evidence—from preliminary questions of fact and burdens of proof, to expert evidence and hearsay. Most sessions focused on topics in evidence or on disputes about the meaning of rationality. Professor Bruce Burns of the MSU Psychology Department contributed a luncheon talk about his research on bounded rationality, and Professors Myrna Raeder of Southwestern University and Eleanor Swift of the University of California Berkeley added summaries and comments at the end of the program. Participants praised the conference for its content and format. “The conference assembled an all-star group of scholars of which I was flattered to be a part,” said Professor Michael Risinger of Seton Hall. “It widened my horizons substantially and has stimulated me to expand my own research in new directions.” “There was a very efficient system for letting us read the papers in advance, which I found very helpful,” noted Mike Redmayne of the London School of Economics. “I also enjoyed meeting the participants, some of whom I already knew, some whom I just knew through having read their work, and others about whom I didn’t know much.” Professor Myrna Raeder found the conference’s focus “immensely helpful in formulating my own ideas about the intersection of innocence and evidentiary policy.” She added, “It is rare to have an opportunity to interact so thoroughly with the other participants in a scholarly program, particularly those from other disciplines.” Papers presented at the conference will be published in the Winter 2003-04 issue of MSU-DCL’s Law Review. Copies will be available from the Law Review office at 517/432-6930. Papers Presented Burdens of Persuasion in Civil Cases: Algorithms v. Explanations—Ronald J. Allen Rationality and Relevancy: Conditional Relevancy and Constrained Resources—Craig R. Callen Mapping Evidence Law—Gregory Mitchell Heuristics, Biases, and the Importance of Gatekeeping—Erica Beecher-Monas Minimizing the Jury Over-Valuation Concern—Richard D. Friedman Reasoning About Hearsay Reform Using Social Science Studies and ‘Anecdotal’ Information—Roger C. Park Rationality, Naturalized Epistemology, and Evidence Law—Mike Redmayne Rationality, Research and Leviathan: Law Enforcement-Sponsored Research and the Criminal Process—D. Michael Risinger and Michael J. Saks Baserates, the Presumption of Guilt, Admissibility Rulings and Erroneous Convictions—Michael J. Saks and D. Michael Risinger Relevance in Argument and Evidence Law—Douglas N. Walton Upcoming Programs at MSU-DCL September 19—Sarbannes-Oxley Bill Revisited, organized by the MSU-DCL Law Review October 1, 2003—Geoffrey Fieger Trial Practice Lecture Series October 16-17, 2003—NAFTA’s First Decade: The Future of Free Trade in North America, co-sponsored with the University of Ottawa Faculty of Law and Universidad Panamericana School of Law (Guadalajara), organized by Professor Kevin Kennedy (see related article) October 23-24, 2003—Alternative Dispute Resolution, organized by Professor Mary Bekidian February 20-21, 2004—Intellectual Property Scholars’ Round Table, organized by Professor Peter Yu March 3, 2004—Geoffrey Fieger Trial Practice Lecture Series April 16-17, 2004—Multi-Jurisdictional and Cross-Border Class Actions, organized by Professor Debra Bassett Evidence Conference Participants Ronald J. Allen, John Henry Wigmore Professor of Law, Northwestern University School of Law Bruce D. Burns, Assistant Professor of Psychology, Michigan State University Erica Beecher-Monas, Associate Professor of Law, University of Arkansas at Little Rock, William H. Bowen School of Law Craig R. Callen, Professor of Law, Michigan State University-DCL College of Law Julian A. Cook III, Associate Professor of Law, Michigan State University-DCL College of Law Richard D. Friedman, Ralph W. Aigler Professor of Law, University of Michigan Law School Nancy J. King, Lee S. and Charles A. Speir Chair of Law, Vanderbilt University School of Law Gregory Mitchell, Assistant Professor of Law and Courtesy Professor of Psychology, Florida State University College of Law David A. Moran, Assistant Professor of Law, Wayne State University Law School Joelle Anne Moreno, Associate Professor of Law, New England School of Law Roger C. Park, Distinguished Professor of Law and James Edgar Hervey Chair of Litigation, University of California, Hastings College of the Law Myrna S. Raeder, Paul E. Treusch Professor of Law, Southwestern University School of Law Mike Redmayne, Senior Lecturer in Law, London School of Economics D. Michael Risinger, Professor of Law, Seton Hall Law School Michael Saks, Professor of Law and Psychology, The College of Law at Arizona State University Chris Sanchirico, Professor of Law, University of Virginia School of Law Kevin Wall Saunders, Professor of Law, Michigan State University-DCL College of Law Eleanor Swift, Professor of Law, Boalt Hall School of Law, University of California at Berkeley Douglas N. Walton, Professor of Philosophy, University of Winnipeg