Edited version of “Adoptive Admissions and the Meaning of Silence: Continuing the Inquiry into Evidence Law and Issues of Race, Class, Gender, and Ethnicity”

This article begins with a clear overview of the rule for adoptive admissions under Rule 801(d)(2)(B) and then examines how the “common sense” rules for interpreting silence are affected by race, class, gender, and ethnicity.

Please note: on the one hand, this article provides an important critique of the adoptive admission rule; on the other hand, it relies on stereotypes to do so. When I have asked previous classes whether they thought the article was worth reading, despite it's reliance on generalizations and sterptypes, students responded that they did think it was worth it. But I'm eager to hear from you to see if you feel the same way, or if you think I should not assign it in the future.

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