http://cyber.law.harvard.edu/cyberone/wiki/Evidence_2008
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face authority calmly
the way you feel when you make a good decision in circumstances of uncertainty
practice playing poker
in the real world of conflict
face authority calmly to calm its fear
there are two kinds of people with whom we have relationships
there are people who have interacted positively with you without ever having turned on you
those are people you love and trust and forgive
there are people who have turned on you at some time in your life
life continues with them but it’s not the same
these are people you may trust at some level but may never fully trust
professional life is practiced in a world in which trust cannot be taken for granted
we trust logic and feeling and goal as three threads of perception of the other
e π i
three threads of expression in the message we each send out
The relationship between liberty and equality.
The feeling of being equal to any man in spirit and courage
The feeling of caring about what you believe in and living it
The feeling of being proud of who you are and what you stand for
The feeling of being master of your addiction by your surrender to it
The feeling of having every choice and choosing to be here
The feeling of freedom to take liberty responsibly to my self
i am in greesboro with my daughters and familes, thirty-one strong in a house my leila built. i’ve just walked to the f.w.woolworth home of the sit-in. i’m going to visit here spring 2009 at elon law school.
leary davis, dean of the school, came to cambridge for our poker conference nov 10, sends me a note this morning with a link to elon’s internet interest.
leary tells me there’s a hitch in the plan for me to visit. david gergen, colleague at the kennedy school and chairman of elon’s advisory board, cautions that i am a man who told the crimson he smoked marijuana in the morning on his early morning walks. leary advises that chances elon’s provost and governing boards would approve my visit are slim. he expresses hope that we can still do a visiting lecture series for which he does not feel he needs provost and board approval but an invitation to teach a course for credit is probably out.
This Evidence course is about truth, the power of narrative, and the opportunity and responsibility that comes with mastering it. We will consider the courtroom as a rhetorical space and law as a storyteller. We will consider how lawyers persuade, comparing what it means to prove a proposition science, life and law. Our course explores the strategy of the law in conducting and structuring trials and the rules of evidence that determine the play. We will consider the roles of the different players in the space — prosecutor, defense attorney, judge, jury, witnesses, parties, public. We will consider how trial unfolds in the courtroom and how the message it generates is communicated to the polity. We will study the American jury system, considering the function that brought it into existence and the changes that have allowed it to grow and in decay. We will explore the Federal Rules of Evidence as a detailed rule structure governing the trial process. We will consider how new functionalies in our information space might be employed to enhance Law’s success in achieving elegance, understanding and respect for its message.
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Who are you? What year? How many like law school. How many are going to practice law. How many intend to practice in firms. How many see your self as doing trials. How many feel you are good in math? Was there a time? When did you get off track? How many think of rhetorical as something bad, compared to substance, something good? How many on the net. How many blog. gay, fine by me, the shirt i wear, how many fine by you, let’s hear a hum. How many Marijuana, Fine by me.
[Should i put the use of pc's and taking notes to a vote, i think not.]
Who do i see you to be.
We are here to learn how the law system works and what role lawyers and the rules of evidence play in it.
Who am i.
Born in Newton, prep school, harvard college, class of 60, harvard law, 63, fellowship, clerkship, Justice Department, back harvard law to teach in 66, tenured in 69, civil rights, anti-war.I defended Dan Ellsberg in a long trial in federal court in 71-72 and found fascination in the function and process of the courtroom, been teaching Evidence ever since. homage to matt byrne and leonard boudin.
I am a citizen of the net, by which i mean a citizen of the world. I believe in connection. I am a citizen of the United States of America. I believe in freedom and democracy, but need to differentiate this thought. My first sniff of patriotism came in a movie theater during world war two, 1944, my mother next to me, five years old, shouting out to her and to the rest of the silent theater as an excited child will do, seeing my hero on the screen close face up, “That’s General Mark Clark!” America stood for freedom, democracy and fair play. Our cause was just. We are the good guys.
Was i deceived in believing that we were the good guys? What is the spirit that guides? Do i stand for fighting fair? Or Do i Stand For Fighting Dirty? What has America become?
Who are we? Who are we if we are not we the people? WE, good people of the earth.
We are a world community. We read each other’s news. We have a means of connecting the good in us to form a spirit strong enough to resist the evil spirit deep within, the spirit that fights mean and dirty and lies to our faces, squandering the credibility of the spirit of America in the world.
Do we stand for free speech, fair play, civil discourse, love of learning, true spirit of democracy, listening, understanding, moderation, fun.
that’s what i strive to stand for, to teach,and to make real in our cyber future.
Cyberspace does not exist until we build it. Law is code. Code is Law.