Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1999 Apology Excepted: Incorporating a Feminist Analysis into Evidence Policy Where You Would Least Expect It Aviva A. Orenstein Indiana University Maurer School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Evidence Commons, and the Law and Gender Commons Recommended Citation Orenstein, Aviva A., "Apology Excepted: Incorporating a Feminist Analysis into Evidence Policy Where You Would Least Expect It" (1999). Articles by Maurer Faculty. 553. https://www.repository.law.indiana.edu/facpub/553 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. APOLOGY EXCEPTED: INCORPORATING A FEMINIST ANALYSIS INTO EVIDENCE POLICY WHERE YOU WOULD LEAST EXPECT IT Aviva Orenstein* I. INTRODUCTION "Some persons hold," he pursued, still hesitating, "that there is a wisdom of the Head, and that there is a wisdom of the Heart. I have not supposed it so; but, as I have said, I mistrust myself now. I have supposed the head to be all-sufficient. It may not be all-suffi- cient; how can I venture this morning to say it is!" -Charles Dickens1 Evidence law derives from a combination of logic, policy, tradi- tion, and historical anomaly. Many have observed that the law of evi- dence is based on concepts of relevance and fairness that seem * Associate Professor of Law, Indiana University School of Law, Bloomington.