Texas Law Review

Now, I want to pull all of these meticulous granular rules into a broader, fascinating theoretical context.

We are drawing from the Texas Law Review article in our sources titled "Beyond the Witness," because if you think about it, everything we have talked about for the last forty minutes, declarant's out-of-court statements, observing a witness's demeanor, cross-examination, it's all entirely built around testing the reliability of human beings.

Yes, entirely.

But the nature of evidence is fundamentally changing.

And the legal system is desperately trying to force this modern machine-generated process-based evidence into a medieval witness-based framework.

It is cramming a square peg into a round hole, and it is creating bizarre, nonsensical legal fictions.

The Texas Law Review authors point out several of these glaring anomalies.

Take photographs, for example.