Excited Utterance is a legal podcast that interviews authors of new or forthcoming legal scholarship in the areas of evidence and proof.
177 Kay Levine
Opinion Surveys Across the Civil-Criminal Divide. Kay Levine from Emory University discusses the uses of opinion survey evidence, how its admissibility is inconsistent between civil and criminal contexts, and perhaps why the divide exists.
14 April 2026, 4:32 am
176 Mary Fan
AI-Enhanced Evidence Law. Mary Fan from the University of Washington discusses the challenges of AI-enhanced evidence in the courtroom, how to ensure its reliability, and concerns about disparities between prosecution-offered and defense-offered AI-enhanced evidence.
30 March 2026, 5:01 am
175 Rebecca Wexler
Law Enforcement Privilege. Rebecca Wexler from Columbia Law School discusses the privilege governing police investigative methods, the reasons for the privilege, as well as its costs to transparency and the ability to regulate police conduct in accord with the Fourth Amendment.
16 March 2026, 5:00 am
174 Edith Beerdsen
Strategy for Strategy's Sake. Edith Beerdsen from Temple University asks whether strategic or "sporting" behavior has any place in a system of legal proof, and when being clever goes too far.
2 March 2026, 6:00 am
173 Asees Bhasin & Jasmine Gonzales Rose
Antiracist Expert Evidence. Asess Bhasin from the University of Maryland and Jasmine Gonzales Rose from Boston University discuss the ways in which expert evidence can address racism and racial discrimination in our system of evidence and proof.
16 February 2026, 6:00 am
172 Laura Savarese
Children and the Making of Modern Evidence Law. Laura Savarese from Michigan State University discusses the role of children’s testimony and nineteenth-century child protection laws in the development of the law of evidence.
2 February 2026, 6:00 pm
171 Alfred Yen
The Evidentiary Use and Misuse of Forensic Musicology in Copyright Litigation. Fred Yen from Boston College discusses the use of musicology experts in copyright litigation and what they should and should not be permitted to testify about.
3 November 2025, 6:00 am
170 Brandon Garrett
Defending Due Process. Brandon Garrett from Duke University discusses his new book, Defending Due Process: Why Fairness Matters in a Polarized World.
20 October 2025, 5:00 am
169 Yan Fang
Internet Technology Companies as Evidence Intermediaries. Yan Fang discusses the modern role of internet technology companies as significant repositories of evidence and how these companies fulfill their legal obligations.
6 October 2025, 5:00 am
168 Avani Mehta Sood
Verdict Format on Trial. Avani Sood from NYU discusses the use of special verdicts in criminal cases, and why perhaps we should favor them instead of the traditional general verdict.
22 September 2025, 5:00 am
167 Jack Whiteley
The Three-Verdict Problem. Jack Whiteley from the University of Minnesota discusses the Scottish tripartite system of jury verdicts, featuring verdicts of guilty, not guilty, and not proven.