Peter Tillers

Professor Emeritus

Education

A.B., 1966, Yale College
J.D., 1969, LL.M., 1972, Harvard Law School

Areas of Expertise

Evidence

Bio

Professor Tillers is a reviser of John Henry Wigmore's multi-volume treatise on the law of evidence and has published a variety of articles on evidence, inference, and investigation. He is an editor of the Oxford journal Law, Probability and Risk. He is former chairman and secretary of the Evidence Section of the Association of American Law Schools. He was a fellow of Law & Humanities at Harvard University and an Alexander von Humboldt & Senior Max Rheinstein Fellow at the University of Munich. Professor Tillers was a visiting professor at Harvard Law School in the spring semester of 2002, and legal adviser for the Latvian mission to the United Nations during the 48th Session of the General Assembly. He maintains a website with discussion of a wide range of general issues of evidence.

 

Professor Tillers' scholarship focuses on evidential inference and fact investigation in legal settings. He maintains that multiple methods of marshaling and analyzing evidence are important in trials, in pretrial investigation and informal fact discovery, and in other domains. He believes that inference networks offer a useful window into investigative discovery and proof at trial. But he believes that subjective, synthetic, and gestalt-like perspectives on evidence, inference, and proof are also essential.

 

Professor Tillers was born in Riga, Latvia, in 1943. He arrived in the United States in 1950.

 

Professor Tillers' CV

Publications

Hard Copy BOOKS & ARTICLES

1 & 1A Wigmore on Evidence (P. Tillers rev. 1983), reviewed, 70 American Bar Association Journal 90 (1984), 48 Modern Law Review 601 (1985) & [1987] Criminal Law Review 69.

 

P. Tillers, Modern Theories of Relevancy (1983) (Little, Brown & Co. reprint).

 

P. Tillers, "Mapping Inferential Domains," 66 Boston University Law Review 883 (1986) (republished in Tillers & Green, Probability and Inference, infra).

 

P. Tillers, "Introduction to Symposium on Probability and Inference in the Law of Evidence," 66 Boston University Law Review 381 (1986).

 

P. Tillers & D. Schum, "Charting New Territory in Judicial Proof: Beyond Wigmore," 9 Cardozo Law Review 907 (1988).

 

P. Tillers & E. Green, eds., Probability and Inference in the Law of Evidence: The Uses and Limits of Bayesianism (Kluwer Academic Publishers, 1988, now under imprint of Springer Verlag) (vol. 109 in series Boston Studies in the Philosophy of Science).

 

P. Tillers, Correspondence: "Prejudice, Politics, and Proof," 86 Michigan Law Review 768 (1988).

 

P. Tillers, "The Value of Evidence in Law," 39 Northern Ireland Legal Quarterly 167 (1988) (invited paper).

 

P. Tillers, "Webs of Things in the Mind: A New Science of Evidence," (review essay), 87 Michigan Law Review 1225 (1989).

 

P. Tillers & D. Schum, "A Theory of Preliminary Fact Investigation," 24 University of California at Davis Law Review 931 (1991) (invited paper).

 

D. Schum & P. Tillers, "Marshalling Evidence in Adversary Litigation," 13 Cardozo Law Review 657 (1991).

 

P. Tillers, "Decision and Inference" (preface), 13 Cardozo Law Review 253 (1991).

 

P. Tillers & D. Schum, "Hearsay Logic," 76 Minnesota Law Review 813 (1992) (invited paper).

 

P. Tillers, "A Curious Document Recently Discovered in the Archives," 14 Cardozo Law Review 149 (1992).

 

P. Tillers, "Intellectual History, Probability, and the Law of Evidence" (review essay), 91 Michigan Law Review 1465 (1993).

 

P. Tillers, "Exaggerated and Misleading Reports of the Death of Conditional Relevance," 93 Michigan Law Review 478 (1994).

 

P. Tillers, "Introduction: Three Original Contributions to Three Important Problems in the Law of Evidence" [special Evidence issue], 18 Cardozo Law Review 1875 (1997) (four papers were submitted).

 

P. Tillers & D. Schum, "A Theory of Preliminary Fact Investigation," in The Philosophy of Legal Reasoning: Scientific Models of Legal Reasoning (Scott Brewer & Robert Nozick, eds., Garland, 1998).

P. Tillers, "What Is Wrong with Character Evidence?," 49 Hastings Law Journal 781 (1998).

 

P. Tillers, "Introduction: A Personal Perspective on 'Artificial Intelligence and Judicial Proof,'" (with appendices), Symposium on Artificial Intelligence and Judicial Proof, 22 Cardozo L. Rev. 1365 (July, 2001), reprinted sub nom. "Making Sense of the Process of Proof in Litigation" in The Dynamics of Judicial Proof, infra.

 

M. MacCrimmon & P. Tillers, eds., The Dynamics of Judicial Proof: Computation, Logic, and Common Sense (Physica- & Springer-Verlag, 2002) (vol. 94 in series Studies in Fuzziness and Soft Computing, Janusz Kacprzyk, editor).

 

C. Aitken, M. Redmayne, F. Taroni & P. Tillers, "Law, Probability and Risk," 1 Law, Probability and Risk 1 (Oxford University Press, 2002).

 

P. Tillers, "Introduction" [to four reviews of R. Posner, Breaking the Deadlock], 1 Law, Probability and Risk 49 (Oxford University Press, 2002).

 

P. Tillers & E. Green, eds., A. Mura, trans., L'Inferenza nel diritto probabilistica nel diritto delle prove: Usi e limiti del bayesianesimo (Giuffrè editore, 2003) (translation of Probability and Inference in the Law of Evidence, supra).

 

P. Tillers, "Picturing Factual Inference in Legal Settings," in Gerechtigkeitswissenschaft (B. Schünemann, M.-Th. Tinnefeld & R. Wittmann, eds.; Berliner Wissenschafts-Verlag, 2005) (online preprint sans references available at http://tillers.net/pictures/picturing.html).

 

P. Tillers, "If Wishes Were Horses: Discursive Comments on Attempts to Prevent Individuals from Being Unfairly Burdened by their Reference Classes," 4 Law, Probability and Risk 33 (2005).

 

P. Tillers, "Legal History for a Dummy: A Comment on the Role of History in Judicial Interpretation of the Confrontation Clause," 71 Brooklyn Law Review 235 (2005).

 

P. Tillers, "The Death of a Youth and of a Drunkard: A Remarkable Story of Habit and Character in New Jersey," in Richard Lempert, ed., Evidence Stories (Foundation Press, 2006).

 

P.Tillers & J. Gottfried, "United States v. Copeland: A Collateral Attack on the Legal Maxim that Proof Beyond a Reasonable Doubt Is Unquantifiable?," 5 Law, Probability and Risk 135 (Oxford University Press, 2006).

 

P. Tillers, guest editor, Special Issue on Graphic and Visual Representations of Evidence and Inference in Legal Settings, 6 Law, Probability and Risk Nos. 1-4 (Oxford University Press, 2007).

 

P. Tillers, "Introduction: Visualizing Evidence and Inference in Legal Settings," 6 Law, Probability and Risk Nos. 1-4 (Oxford University Press, 2007).

 

P. Tillers, "Representando la inferencia de hechos en el ámbito juridíco," 30 Doxa 383 (Igor Yáñez Velasco, trans., 2007) (translation of "Picturing Inference in Legal Settings,"  supra).

 

P. Tillers, "Introduction of William Twining," 38 Seton Hall L. Rev. 871 (2008).

 

J. Jackson, M. Langer & P. Tillers, eds., Crime, Procedure, and Evidence in a Comparative and International Context (Hart Publishing, 2008).

 

P. Tillers, "Are There Universal Principles or Forms of Evidential Inference?," in Crime, Procedure, and Evidence in a Comparative and International Context, supra (2008).

 

P. Tillers, ed., Evidence Module of Spindle Law (draft released, Nov. 16, 2009).

 

P. Tillers (with many others), Bayes Wars Redivivus — An Exchange 8 International Commentary on Evidence 1 (2010).

 

P. Tillers, "The Logic and the Structure of Proof in Trials" (discussion paper), 10 Law, Probability and Risk 1 (2011).

 

P. Tillers, "Trial by Mathematics - Reconsidered," -- Law, Probability and Risk (forthcoming 2011).

 


Major work in progress: P. Tillers & Joannes Pilapil, The Structure of Proof in Modern American Trials (Aspen Publishers) (for multivolume set The New Wigmore).




 

 

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