John Banville’s stunning powers of mimicry are brilliantly on display in this engrossing novel, the darkly compelling confession of an improbable murderer. Freddie Montgomery is a highly cultured man, a husband and father living the life of a dissolute exile on a Mediterranean island. When a debt comes due and his wife and child are held as collateral, he returns to Ireland to secure funds. That pursuit leads to murder. And here is his attempt to present evidence, not of his innocence, but of his life, of the events that lead to the murder he committed because he could. Like a hero out of Nabokov or Camus, Montgomery is a chillingly articulate, self-aware, and amoral being, whose humanity is painfully on display.

With the view that children are capable young scientists, authors encourage science teaching in ways that nurture students' curiosity about how the natural world works including research-based approaches to support all K-5 children constructing scientific explanations via talk and writing. Grounded in NSF-funded research, this book/DVD provides K-5 teachers with a framework for explanation (Claim, Evidence, Reasoning) that they can use to organize everything from planning to instructional strategies and from scaffolds to assessment. Because the framework addresses not only having students learn scientific explanations but also construct them from evidence and evaluate them, it is considered to build upon the new NRC framework for K-12 science education, the national standards, and reform documents in science education, as well as national standards in literacy around argumentation and persuasion, including the Common Core Standards for English Language Arts (Common Core State Standards Initiative, 2010).The chapters guide teachers step by step through presenting the framework for students, identifying opportunities to incorporate scientific explanation into lessons, providing curricular scaffolds (that fade over time) to support all students including ELLs and students with special needs, developing scientific explanation assessment tasks, and using the information from assessment tasks to inform instruction.

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, online videos, interactive trial simulations, leading study aids, an outline starter, and Gilbert Law Dictionary.

While the law of evidence has dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject. This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the philosophical basis for the use of evidence; whether courtroom proof is essentially mathematical or non-mathematical; and the use of different theories of probability in legal reasoning.

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.