Before the written word, the people of Estonia handed down their stories and traditions orally. History of Estonia Podcast attempts to catalog the History of Estonia starting with the land that was settled and moving along a defined timeline. Once we reach modernity, we will go back in time once again and dig into more detail and dwell on the places, events and stories that deserve to be told more thoroughly.
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Excited Utterance is a legal podcast that interviews authors of new or forthcoming legal scholarship in the areas of evidence and proof.
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Confession and Confrontation. Will Ortman from Wayne State University discusses how the modern Confrontation Clause might be used to help improve the reliabilty of defendant confessions.Par Excited Utterance
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Of Bass Notes and Base Rates. Rebecca Tushnet from Harvard Law School discusses the base rate problems that surface in the expert testimony common in music copyright litigation.Par Excited Utterance
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The Forest Brothers in Estonia with General Martin Herem
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In this episode, we are incredibly fortunate to have General Martin Herem, the overall commander of the Estonian Defense Forces, with us. We discuss the Forest Brothers in Estonia after World War II. We are publishing this episode on March 29, 2024, which is the 20th anniversary of Estonia's accession to NATO. https://www.youtube.com/watch?v=j2xs06…
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Expert Framework Evidence. Teneille Brown from the University of Utah and Emily Murphy from UC Law San Francisco discuss their amicus brief in Diaz v. United States, to be argued before the Supreme Court on March 19, 2024. The case involves (and the episode explores) the problem of framework evidence, first described by John Monahan and Laurens Wal…
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Evidence Law's Blind Spots. Jamie Macleod from Brooklyn Law School argues, among other things, that evidence law needs to worry as much about what juries do in the absence of certain evidence as in the presence of it. He discusses new empirical work showing some troubling racial disparities when mock jurors are presented with so-called sanitized ev…
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The Russian Factor in Baltic History in the 19th & 20th C with Professor Karsten Brugemann
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The Russian Factor in Baltic History in the 19th & 20th C with Professor Karsten Brugemann Educational Credentials He earned the prestigious Dr. habil. (2013) from the University of Gießen(geesan, Germany (History Department) which is the highest academic degree in Germany He received his Dr. philosophy. (1999) also from the University of Hamburg, …
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Evidence Rules for Decarceration. Erin Collins from the University of Richmond explores how the evidentiary rules -- especially the character rules -- contribute to mass incarceration, and how evidence should reorient itself more toward substantive outcomes than away from just accuracy. This episode was recorded live at a Connecticut Public Interes…
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The National Committee of the Republic of Estonia & Calendar of Events in February 1944
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In this episode, we discuss the National Committee of the Republic of Estonia and its importance to the Estonian State's claim of the continuance of government during the Soviet occupation. Calendar of Events in February 1944 https://www.youtube.com/watch?v=JdS96R6WuaI Anthem of the Estonian volunteer regiment in the Finnish Army 1943- 1944…
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A Theory for Evaluating Evidence Against the Standard of Proof. Kevin Clermont from Cornell Law School argues that existing probabilistic models of the proof process are incomplete and summarizes his proposal -- based on a multivalent model -- to conceptualize legal proof.Par Excited Utterance
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Calendar of Events in the Year 1944 Estonia / Zelensky's Trip to Tallinn
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We start off the new year by following the calendar that I picked up at The Estonian War Museum which follows important events and dates in the tumultuous year of 1944. We go on to discuss Zelensky's Trip to Tallinn and Estonia's pledge to support Ukraine with .25% of GDP.
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Experts and the Attorney-Client Privilege. Nicholas Hakun from Temple University and Wilson Sonsini discusses whether the attorney-client privilege should extend to experts used by attorneys and their clients.Par Excited Utterance
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On the Historical Identity of Estonians and the Politics of Memory in Estonia: With Toomas Hiio
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In this episode, I sit down with Toomas Hiio, the Associate Director at The General Laidoner Estonian War Museum. This is the first in-person interview of the Podcast. Toomas Hiio, born on June 1, 1965, is a distinguished Estonian historian known for his significant contributions to the study of Estonia's history during crucial periods. He complete…
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Keith Findley from the University of Wisconsin discusses why medical examiners should not be allowed to testify about “manner of death” in court proceedings.Par Excited Utterance
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Expert Malpractice. James Steiner-Dillon from the University of Akron discusses what happens when clients sue their expert witnesses for malpractice, and why traditional rules of witness immunity should not apply.Par Excited Utterance
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The Life and Times of Rear Admiral Johan Pitka
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MacFarlane, John M. (2011) Rear–Admiral Sir Johan Pitka – An Unlikely British Columbian Who Founded the Estonian Navy. Nauticapedia.ca 2012. http://nauticapedia.ca/Gallery/Admiral_Pitka.php
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Vermin of Proof. Kristen Ranges from the Mote Marine Laboratory and Aquarium discusses the scientific bases behind animal toxicology studies and whether the legal system is being overly skeptical about their use in toxic tort cases.Par Excited Utterance
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Vicarious Sovereignty - Becoming European The Estonian Way: With Professor Maria Mälksoo
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Vicarious Sovereignty - Becoming European The Estonian Way: With Professor Maria Mälksoo Professor Maria Mälksoo, a leading scholar of international relations, security studies, and memory politics. She is currently working at the Department of Political Science at the University of Copenhagen, where she leads several research projects on the polit…
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Originalism and Historical Fact-Finding. Joseph Blocher from Duke Law School explores how courts should determine the historical facts used for originalist interpretations of the Constitution, and whether those procedures should better mirror the ones the legal system traditionally uses at trial.Par Excited Utterance
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Estonian Mnemohistory, or What Do Estonians Remember of Their Past? Interview with Professor Marek Tamm
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Interview with Professor Marek Tamm on the subject: What do Estonians remember of their past, i.e. not about Estonian history, but about Estonian mnemohistory? Marek Tamm is the Professor of Cultural History at the School of Humanities in Tallinn University. He is a member of the Estonian Academy of Sciences and of the Academia Europaea. Graduated …
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The Dignitary Confrontation Clause. Erin Sheley from California Western School of Law provides a primer on modern Confrontation Clause jurisprudence under Crawford v. Washington and then proposes recasting its conceptual foundations along dignitary lines.Par Excited Utterance
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Estonia’s Foreign and Security Policy Since Restoration of Independence - Interview with Dr. Kristi Raik
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In this episode, we discuss Estonia's foreign and security policy since the restoration of independence. Dr Kristi Raik is the Deputy Director and Head of the Foreign Policy Programme of the International Centre for Defence and Security (ICDS) as of 1 January 2023. She is also an Adjunct Professor of International Relations at the University of Tur…
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Murder and Money: The Dark Side of Taylor Swift. Through lyrics of Taylor Swift's music, Fred Vars from the University of Alabama examines the burden of proof requirements for the so-called "Slayer Rule," the rule prohibiting murderers from inheriting or otherwise benefitting from their victims.Par Excited Utterance
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Major General Rüdiger von der Goltz
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At the end of World War I, the German army was defeated, but not everywhere. In Finland, Major General Rüdiger von der Goltz represented German interests in the Finnish Civil War. When the Finnish Civil War concluded, von der Goltz fixed his eyes on Latvia and Estonia. In this short episode between interviews, we learn a little about him and the ev…
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Requiring More of Rule 407. Cynara Hermes McQuillan of Touro Law Center discusses a current circuit split on how to interpret Rule 407, the prohibition against evidence of subsequent remedial measures, a controversy that touches on the fundamental tension between textualist and purposivist approaches to statutory interpretation.…
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How Did Estonia Become An Independent State? Interview with Mart Kuldkepp (part 2/2)
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In this episode we meet with Professor Mart Kuldkepp. He is currently an associate professor of Scandinavian history and politics at University College London. He has a PhD in history from the University of Tartu, where he also obtained his BA and MA degrees in Scandinavian languages and literature. His main research topics are Estonian and Scandin…
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The Pseudo-Theology of Penitent Privilege. Nathan Ristuccia of the Institute for Free Speech discusses how the clergy-penitent privilege has changed over time both in doctrinal substance and theoryPar Excited Utterance
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How Did Estonia Become An Independent State? Interview with Mart Kuldkepp (part 1/2)
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In this episode we meet with Professor Mart Kuldkepp. He is currently an associate professor of Scandinavian history and politics at University College London. He has a PhD in history from the University of Tartu, where he also obtained his BA and MA degrees in Scandinavian languages and literature. His main research topics are Estonian and Scandin…
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Intro to Season 5: The Pope and the Pendulum
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Intro to Season 5: The Pope and the Pendulum
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Visual Decision Aids for Forensic Science Evidence. Gianni Ribeiro from the University of Southern Queensland reports on a psychological study showing that visual decision aids can improve juror understanding of forensic tests.Par Excited Utterance
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Estonia's Accession to the EU & NATO with Professor Andres Kasekamp
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A Historical Look at Estonia's Accession to the EU & NATO with Profesor Andres Kasekamp.
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Neuroscience Evidence in Criminal Cases. Debby Denno from Fordham Law School draws on a long-term empirical project and investigates what types of neuroscience evidence really drive criminal cases.Par Excited Utterance
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Past-Acts Evidence in Excessive Force Litigation. James Stone from Stanford University discusses some proposed reforms to the way that courts handle past-acts evidence, both with respect to plaintiffs and police-defendants, in excessive police force cases.Par Excited Utterance
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Snitching. Sasha Natapoff from Harvard Law School discusses the problems of criminal informant testimony.Par Excited Utterance
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Provisional Assumptions. Heidi Liu from George Washington University Law School discusses the problems of asking jurors to ignore inadmissible evidence and proposes an alternative mechanism – the “provisional assumption.”Par Excited Utterance
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The Life of Lydia Koidula on International Women's Day
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In this episode, we celebrate the life of Lydia Koidula for International Women's Day. We have as a guest Tara Godwin, who is an incoming Ph.D. student at The Ohio State University for the Fall of 2023, where she will study Estonian women’s history. She completed her undergraduate degree at the University of Utah. She won the Marriot Library Thesis…
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The Law and Science of Eyewitness Evidence. Brandon Garrett from Duke University and Thomas Albright from the Salk Institute discuss the latest research on the reliability of eyewitness testimony and related reforms that have surfaced from courts and legislatures.Par Excited Utterance
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Expertise in Crisis. Dave Caudill from Villanova University discusses the current crisis expertise and how a more modest and sociological view of scientific inquiry might encourage greater acceptance of consensus science.Par Excited Utterance
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The Baltic Germans with Dr. David Feest
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In this episode, Dr. David Feest of Hamburg University and I discuss the history of the Baltic Germans. Dr. Feest talks to us about the place of the Baltic Germans in Estonian history. He tells us about the plight of the Baltic Germans today, and we discuss who should keep the memory of the Baltic Germans alive and why their history is relevant to …
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Neuroscience, Neutrality, and the Rules of Evidence. Steven Friedland and Amy Overman from Elon University discuss how neuroscience findings about our cognitive biases should inform the way we think about the rules of evidence, and whether those rules can ever truly be neutral.Par Excited Utterance
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The Neglected Origins of the Hearsay Rule in American Slavery. David Sklansky of Stanford Law School discusses the Supreme Court case of Queen v. Hepburn, a freedom suit in the early Republic which proved to be a turning point in the development of the hearsay rule in American evidence law.Par Excited Utterance
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Introduction to German Cultural History in Estonia with Doctor David Feest of Hamburg University.
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Estonia in the Era of Stalin Part #2
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In this episode, we are lucky to have Olaf Mertelsmann who is Professor of Eastern European History at the Institute of History and Archeology, University of Tartu. He holds a doctorate in History from the University of Hamburg (2000). He has taught in Estonia, Germany, and Russia. His main interests are the social and economic history of Eastern E…
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Digital Habit Evidence. Andrew Ferguson from American University discusses the habit rule under Rule 406, and how the Internet of Things and digital habit evidence might change its importance in the future.Par Excited Utterance
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Are the Federal Rules of Evidence Unconstitutional? Ethan Leib from Fordham University asks whether the way in which the Federal Rules of Evidence came into being and the structure by which they are amended violates constitutional separation of powers.Par Excited Utterance
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Estonia in the Era of Stalin Part #1
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In this episode, we are lucky to have Olaf Mertelsmann who is Professor of Eastern European History at the Institute of History and Archeology, University of Tartu. He holds a doctorate in History from the University of Hamburg (2000). He has taught in Estonia, Germany, and Russia. His main interests are the social and economic history of Eastern E…
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Domestic Homicides Since Giles v. California. Caren Morrison from George State University explores how courts have handled domestic homicide cases in the wake of Giles v. California, which narrowed the forfeiture exception to the Confrontation Clause.Par Excited Utterance
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The Radical Right in Interwar Estonia
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We meet with Professor Andres Kasekamp of the University of Toronto to discuss his book, The Radical Right In Interwar Estonia. Palgrave 2000
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The False Promise of Pena-Rodriguez. Daniel Harawa from Washington University in St. Louis discusses the problem of racial bias in jury deliberations, and how Rule 606(b), despite the Supreme Court's decision in Pena-Rodriguez, still shields much of it from redress.Par Excited Utterance
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We talk about the war in Ukraine and how it will its outcome is likely to have an influence on Estonia. We talk about the passing of Jüri Arrak the great Estonian artist. A new future format is introduced in which esteemed guests will appear on the podcast.
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Overhauling Rules of Evidence in Pro Se Courts. Andrew Budzinski from the University of the District of Columbia argues why the traditional rules of evidence are inappropriate for courts with largely pro se litigants, and discussed what rules if any should replace them.Par Excited Utterance
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