Making Sense of the Process of Proof in Litigation
A new type of scholarship about evidence in litigation first surfaced about thirty years ago1 By the mid-1980s, this new species of evidence scholarship — the “New Evidence Scholarship”2 (“NES”) — had grown substantially; by then it had become a major international movement. Today, NES is a mature field of scholarship — so much so that the label “new” may now be a misnomer.
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