Source Publication Abbreviation
Loy. L.a. L. Rev.
In this article, I will suggest standards for use in assessing a proposed codification. Although the standards I will identify are useful for evaluating a proposed codification of privilege law, they are also more generally applicable. Indeed, I will use them to examine the codification of evidence law in general. First, I will ask whether, as a normative matter, the law of evidence should be codified. I will then focus on the individual rules of evidence, most notably the privilege rules, to draw conclusions about whether those standards are met.
Paul F. Kirgis,
A Legisprudential Analysis of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be
, 38 Loy. L.a. L. Rev. 809
Available at: https://scholarship.law.umt.edu/faculty_lawreviews/126