Rules of Evidence in Disciplinary Hearings in State-Supported Universities

Abstract

In both state and federal courts, the modern trend in case law is away from the rigidity of the exclusionary rules of evidence. The entire field is regarded as anachronistic, and of such awesome complications that the American Law Institute refused to attempt a restatement of it. The reason for the plethora of complicated evidentiary rules is traced by most commentators to a mistrust of the layman juror by the early courts, an attitude no longer regarded as sound. Professor Maxwell covers the collection of exclusionary rules, both constitutional and non-constitutional, and their use in administrative courts.