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Legal Treatises by Subject

In this guide you will find general resources for various fields of law arranged alphabetically.

Evidence

Broun, Kenneth S. et al. Brandis & Broun on North Carolina Evidence. 8th ed. New York, NY : LexisNexis, 2018- [KFN7940 .S72 2018] (Reserve Room) [Available electronically via Lexis Advance to UNC Law Students and Faculty].

This treatise covers the North Carolina Rules of Evidence, covering judicial notice, burden of proof and presumptions, relevancy, privileges, witnesses, opinion and expert testimony, hearsay, authentication and identification, and the contents of writings, recordings and photographs.

Graham, Michael H. Handbook of Federal Evidence. 8th ed. St. Paul, MN : Thomson Reuters, 2016- (2019 Supplement) [KF8935 .G68 2016] [Available electronically via Westlaw to UNC Law Students and Faculty].

This handbook walks readers through the rules of federal evidence part by part, providing analysis, commentary, and citation to relevant primary authority.

McCormick, Charles T. et al. McCormick on Evidence. 7th ed. Kenneth S. Broun, general editor. St. Paul, MN : West Academic Publishing, 2014- (2016 Supplement) [KF8935 .M29 2014] (Reserve Room) [Available electronically via Westlaw to UNC Law Students and Faculty].

This multi-volume treatise aims to give a comprehensive and easily understood overview of the law of Evidence.  It examines rules of evidence in conjunction with case law for complete discussion.

Mosteller, Robert P. et al. North Carolina Evidentiary Foundations. 3rd ed. New Providence, NJ : LexisNexis, 2014- (2018 Supplement) [KFN7940 .M67 2014] (Reserve Room) [Available electronically via Lexis Advance to UNC Law Students and Faculty]. 

This evidentiary text frames North Carolina evidence law in practical terms, breaking down the rules into elements and discussing how to lay the foundations for each element.  Doctrinal or theoretical underpinnings of evidence are given relatively little attention, though citations to primary law are included.

Mueller, Christopher B. and Kirkpatrick, Laird C. Federal Evidence. 4th ed. Eagan, MN : Thomson Reuters/Westlaw, 2013- (2019 Supplement) [KF8935 .L68 2013] [Available electronically via Westlaw to UNC Law Students and Faculty].

Federal evidence analyzes each rule in order, citing cases which have interpreted the rules and giving straightforward explanations of how these interpretations apply in practice.

Weinstein, Jack B. and Berger, Margaret A. Weinstein’s Federal Evidence. 2nd ed. New York : M. Bender, 1997- (2019 Supplement) [KF8933 .W43 2nd] [Available electronically via Lexis Advance to UNC Law Students and Faculty]. Weinstein's Evidence Manual is also available online [Available electronically via Lexis Advance to UNC Law Students and Faculty].

This extensive treatise covers all federal rules of evidence in turn, providing detailed analysis and commentary for each rule and citing to relevant primary law where applicable.  The Evidence Manual is designed as a quick reference guide, designed for practical use by attorneys.

Weissenberger, Glen and Duane, James J. Weissenberger’s Federal Evidence Courtroom Manual. Cincinnati : Anderson Pub. Co., 1995- (2019 Supplement) [KF8931.7 .W45] [Available electronically via Lexis Advance to UNC Law Students and Faculty].

This manual weaves scholarly analysis with real-world application of federal rules of evidence.  It also includes extensive discussion of two landmark Supreme Court cases: Crawford v. Washington, 541 U.S. 36 (2004), and Davis v. Washington, 126 S. Ct. 2266 (2006).

The New Wigmore: A Treatise on Evidence. New York : Aspen Law & Business, 2002-. 5 volumes:

These volumes contain in-depth scholarly and practical analysis of particular areas of evidence (indicated by the individual volume titles).  Each contains all rules of evidence, statues, rules and cases relevant to the area as well as citations to relevant primary and secondary sources.

Faigman, David L. et al. Modern Scientific Evidence : The Law and Science of Expert TestimonyEagan, MN : Thomson/West, 2005- (2019-2020 Supplement) [KF8961 .F35] [Available electronically via Westlaw to UNC Law Students and Faculty]. 

This treatise challenges the uses of "generally accepted" scientific ideas when ruling on admissibility or managing expert witnesses in state and federal courts, and prepares trial attorneys to explain scientific concepts during admissibility arguments and confidently elicit or challenge expert testimony during trial. 

Wigmore, John Henry. Wigmore on Evidence : Evidence in Trials at Common Law. 4th ed. New York, NY : Wolters Kluwer, 1985- [Available electronically via Cheetah to UNC Students and Faculty]. 

This treatise provides exhaustive and authoritative guidance on the admissibility of evidence at trials, with coverage of the common law, the history and development of evidence rules, the Federal Rules of Evidence, and state evidence rules and codes. Relied on by state and federal courts as the ultimate authority for important evidence questions, Wigmore is an invaluable aid in determining the admissibility of evidence in federal and state courts. 

Imwinkelried, Edward J. et al. Courtroom Criminal Evidence. 6th ed. New York, NY : LexisNexis, 2016- (2019 update) [KF9660 .C68] [Available electronically via Lexis Advance to UNC Law Students and Faculty]. 

With a wealth of knowledge packed into two volumes, this is a treatise you can count on for quick reference and expert advice anytime. It includes information on evidentiary issues posed by fax, e-mail, caller ID, and computer generated animations; scientific evidence; polygraph evidence; evidence obtained from a automobile stops and other searches and seizures; chain of custody issues; and the latest amendments to the Federal Rules of Evidence. 

Wharton, Francis and Torcia, Charles E. Wharton's Criminal Law. 15th ed. Deerfield, IL : Clark Boardman Callaghan, 1993- (2019-2020 update) [KF9219 .W43] [Available electronically via Westlaw to UNC Law Students and Faculty]. 

This treatise thoroughly analyzes applicable Federal Rules of Evidence and cases interpreting the rules. Expert authors compare and contrast corresponding evidentiary rules, statutes, and individual state cases. It discusses admissibility rules, including relevance, hearsay, privileged communications, authentication and identification, best evidence issues, and burdens of proof. 

Jones, Burr W. and Fishman, Clifford S. Jones on Evidence, Civil and Criminal. 7th ed. Rochester, NY : Lawyers Cooperative Publishing Company, 1992- (2019 update) [KF8935 .J65]. 

This treatise offers detailed coverage of the Federal Rules of Evidence, state evidence codes, and applicable caselaw, and integrates coverage of relevant rules of civil and criminal procedure. In addition to analyzing and critiquing the rules and court decisions, it also explains how attorneys can operate effectively within the rules and avoid missteps that are likely to result in exclusion of evidence or potential reversal on appeal. 

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