Tag Archives: law

Recommendations for Courts, Laboratories, and Legislatures

Posted on September 24, 2026 by nathanalbright

Abstract The five preceding papers in this series described the structure of foundation testimony, the distinction between corroboration and sequence, the fit between the testimonial line and the risks it addresses, the institutional costs of confrontation, and the gap between … Continue reading →

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The Invisible Witnesses: Public Understanding of Trial Foundation

Posted on September 24, 2026 by nathanalbright

Abstract Most of the witnesses who lay the foundation for forensic evidence are seen by almost no one outside the courtroom. News reports mention the result and the expert who explained it. Documentaries and podcasts compress weeks of testimony into … Continue reading →

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The Institutional Cost of Confrontation

Posted on September 24, 2026 by nathanalbright

Abstract The requirement that forensic analysts testify in person imposes costs on laboratories, courts, prosecutors, defense counsel, and defendants. Analysts spend time away from the bench; trials are scheduled around their availability; departures and retirements create gaps that the law … Continue reading →

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Purpose, Not Reliability? Examining the Testimonial Line

Posted on September 24, 2026 by nathanalbright

Abstract Under current Confrontation Clause doctrine, whether a forensic analyst must testify depends on whether the analyst’s report is testimonial, and whether a report is testimonial depends chiefly on the purpose for which it was made. A laboratory report prepared … Continue reading →

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Corroboration Versus Sequence: Witness Multiplicity as Appearance and Reality

Posted on September 24, 2026 by nathanalbright

Abstract A long witness list suggests to jurors and observers that a fact has been confirmed many times over. That suggestion is often mistaken. This paper distinguishes two structures in which multiple witnesses appear at trial. In corroboration, several witnesses … Continue reading →

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Foundation Load: A Typology of Evidence by Testimonial Burden

Posted on September 24, 2026 by nathanalbright

Abstract Criminal trials vary widely in the number of witnesses required to bring a single forensic result before a jury. A DNA comparison may require a procession of collectors, custodians, technicians, and analysts, while a set of cell phone records … Continue reading →

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Prolegomenon On How Evidence Comes to Speak

Posted on September 23, 2026 by nathanalbright

1. The Problem of the Silent Result A person who sits through a modern criminal trial in which DNA evidence plays a part will often witness a curious procession. Before the jury hears what the laboratory found, it hears from … Continue reading →

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The Protect College Sports Act: A Federal Settlement for a Destabilized Enterprise: A White Paper on Structure, Surprises, and Legislative Prospects

Posted on September 21, 2026 by nathanalbright

Preliminary Note on Nomenclature The bill circulating in public conversation as a “save college sports” measure is formally titled the Protect College Sports Act (PCSA), numbered S. 4668 in the 119th Congress. The “save” language comes from surrounding rhetoric: the … Continue reading →

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The Solitary Defendant Before the Solitary Judge: State of Florida v. Kosowski and the Rare Combination of No-Body, Pro Se, Capital, and Bench Trial Features

Posted on September 16, 2026 by nathanalbright

A White PaperCurrent as of September 16, 2026. The trial is ongoing, and the defendant is presumed innocent unless and until the court finds otherwise. I. Introduction American criminal courts regularly see each of four unusual features: murder prosecutions without … Continue reading →

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Two Roads, Two Markets: Why Chains Cluster at the Interchange and Local Restaurants Sit on the Old Arterial

Posted on September 14, 2026 by nathanalbright

A White Paper on the Spatial Sorting of Food Service in American Suburbs Summary The pattern discussed here is not an accident of taste or a coincidence of leasing. It is the predictable output of four separate systems that happen … Continue reading →

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