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Jeff Bellin @bellinj.bsky.social · 28/09/2026

My latest article, "Evidence Law's AI Problem and the Hearsay Solution" is now available on SSRN. Comments welcome! papers.ssrn.com/sol3/papers....

Evidence Law’s AI Problem and the Hearsay Solution
by Jeffrey Bellin
140 HARV. L. REV. (forthcoming 2027)
Abstract
As artificial intelligence (A.I.) seeps into our daily lives, A.I. generated evidence and testimony will increasingly appear in court. For the most part, American evidence rules are up to the task. The rules require testifying experts to demonstrate the reliability of any A.I. tools they rely on, and allow courts to deter and detect forgeries, even those generated by A.I.
There is a gap in the evidence rules, however, when non-expert witnesses testify about the outputs of artificial intelligence. For example, no evidence rule squarely prevents a victim or police officer from testifying that ChatGPT concluded that the defendant was the perpetrator. Evidence policymakers are scrambling to fill this gap. States have been unable to reach consensus on a solution, however, and a proposed federal rule that would have routed “machine-generated” evidence through the expert rules did not survive its public comment period.
This article proposes a different approach. Evidence law’s A.I. problem is that non-expert witnesses can testify about what A.I. “told” them without triggering any clear evidentiary obstacle. The evidence rules solve this problem with respect to the most complex machines of all – other persons – through the hearsay framework. Witnesses generally cannot testify about what another “person” told them; that is hearsay. Expanding the hearsay definition to also capture statements by artificial intelligence closes the gap in the evidence rules. Importantly, this does not make all A.I. statements inadmissible. Capturing A.I. statements within the hearsay definition enlists a robust, and surprisingly well-suited, framework for distinguishing A.I. evidence that should be admitted from evidence that should be excluded.

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Jeff Bellin @bellinj.bsky.social · 12/08/2026

Thanks to all the students, professors and practitioners switching to this inexpensive, annually updated book that sets out the updated Federal Rules of Evidence w accompanying Advisory Committee Notes and key legislative history: www.amazon.com/dp/B0CLHPSR5...

Snipped picture from the Amazon website showing the cover of the book w/ a short description and annotation, "#1 Best Seller"

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Jeff Bellin @bellinj.bsky.social · 06/05/2026

One of the many great things going on at Vanderbilt Law School - the annual Evidence Summer Workshop!

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Jeff Bellin @bellinj.bsky.social · 08/04/2026

My quote for this story: "This is part of the reason that the DOJ has long sought to remain independent and non-partisan. Once it loses the benefit of the doubt, it is difficult to gain that trust back...” www.cnbc.com/2026/04/08/f...

cnbc.com

Pirro's Powell probe faces a difficult road to appeal, former prosecutors say

Federal Reserve chair nominee Kevin Warsh may be in limbo while the legal process plays out.

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Jeff Bellin @bellinj.bsky.social · 18/03/2026

The W&M Bill of Rights Journal has published the contributions to the Constitutional Law Casebooks Symposium. Lots of interesting stuff here - and thanks again to the editors for letting me crash the symposium to talk about casebook costs. scholarship.law.wm.edu/wmborj/

List of symposium contributions also available at the link.

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Jeff Bellin @bellinj.bsky.social · 06/03/2026

More blogging about law school casebooks with this guest post at CrimProf Blog: crimprof.blog/selecting-a-...

crimprof.blog

Selecting a Criminal Procedure Casebook – Crimprof Blog

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Jeff Bellin @bellinj.bsky.social · 05/03/2026

Thanks @aaronbruhl.bsky.social - you are the most reasonable human on the planet, so I very much appreciate the support.

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Jeff Bellin @bellinj.bsky.social · 16/02/2026

My first guest post on the new Crimprof Blog! crimprof.blog/faithless-pr...

crimprof.blog

Faithless Prosecution – Crimprof Blog

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Jeff Bellin @bellinj.bsky.social · 05/02/2026

My latest article "Faithless Prosecution" is now available on SSRN. Comments welcome via email. papers.ssrn.com/sol3/papers....

Faithless Prosecution
58 Pages Posted: 7 Jan 2026 Last revised: 4 Feb 2026
Jeffrey Bellin
Vanderbilt University - Vanderbilt Law School

Date Written: January 02, 2026

Abstract
In Fall 2025, Donald Trump publicly urged the Department of Justice (DOJ) to initiate prosecutions of his political foes. This disturbing directive may signal the beginning of a new norm, rather than a temporary break in the old one. Trump’s interference with DOJ independence is inconsistent with the practices of Republican and Democratic administrations over the past fifty years. But the DOJ’s acquiescence models the “unitary executive,” a theory of constitutional law that has become popular with legal influencers, including Justices on the Supreme Court.

Left unchecked, these developments are poised to add federal prosecutions to the toxic stew of American politics. And while Congress shows little interest in intervening, judges possess limited tools to do so. “Selective” and “vindictive” prosecution doctrines forbid a narrow set of prosecutions but these undertheorized doctrines, anchored in the Due Process and Equal Protection Clauses, only tangentially address the problem of a politicized DOJ.

To counteract the politicization of federal prosecutions, this Article urges the Supreme Court to recognize a new doctrine anchored in a distinct constitutional provision. Article II, Section 3 states that the President “shall take Care that the Laws be faithfully executed.” This provision is rarely invoked and somewhat obscure, but it offers one clear and enforceable command: when a President intervenes in individual law enforcement decisions, the President must act in good faith. Overruling career prosecutors to initiate cases against political enemies is the opposite of taking care that the laws are faithfully executed. It is “faithless prosecution,” and should be voidable in the courts.

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Jeff Bellin @bellinj.bsky.social · 15/11/2025

Just wrapped up the 17th Criminal Justice Roundtable hosted by Chris Slobogin at Vanderbilt Law School w/ @rachelbarkow.bsky.social @richardre.bsky.social @erinmurphyslaw.bsky.social @joeljohnson13.bsky.social @profrgold.bsky.social @meganstevenson.bsky.social and others not on Bsky

me in front of roundtable announcement poster

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Jeff Bellin @bellinj.bsky.social · 13/11/2025

The inaugural Evidence Roundtable at Vanderbilt Law School. We theorized "simplified evidence rules" for disputes that don't require the complexity of the federal rules with a group of wonderful scholars (pictured) and judges (not pictured). Stay tuned evidence world for future roundtables...

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Jeff Bellin @bellinj.bsky.social · 25/09/2025

Perhaps of interest.... While legal ethics codes and the U.S. Constitution require a prosecutor to have "probable cause" to support a charge, there is broad agreement that prosecutors should apply a stricter charging standard, although exactly what is less clear. I offer my take in a 2020 article:

Putting the above-described standards together reveals a concrete
evidentiary charging standard: a prosecutor should only charge a case when the prosecutor expects that the evidence introduced at trial will prove the defendant’s guilt beyond a reasonable doubt. I

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gelbach @gelbach.bsky.social · 25/09/2025

Not hearsay if offered to prove he didn’t Or is it A riff on one of my favorite problems in @bellinj.bsky.social’s excellent casebook

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Jeff Bellin @bellinj.bsky.social · 04/09/2025

Not a lot of mystery here. DC prosecutors traditionally didn't charge these cases as felonies. This is why.

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Jeff Bellin @bellinj.bsky.social · 23/08/2025

if you teach Evidence, the casebook landscape is shifting...

pic of Amazon listing for Evidence casebook with tag "#1 Best Seller"

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Jeff Bellin @bellinj.bsky.social · 08/08/2025

Amazon’s "Best Sellers in Law" offers an interesting snapshot of the otherwise non-transparent law school casebook market. www.amazon.com/best-sellers...

amazon.com

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Jeff Bellin @bellinj.bsky.social · 05/08/2025

A legitimate - I think - retailer selling used copies of my $35 casebook for $250. (I guess they just assume the retail price is $300 since it is a law school casebook.)

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Jeff Bellin @bellinj.bsky.social · 30/07/2025

Correct Answer: A law school casebook doesn't have to have a boring red or blue cover!

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Jeff Bellin @bellinj.bsky.social · 30/07/2025

A slice of Amazon's best selling evidence books. What do you notice?

picture that shows best selling evidence casebooks on amazon

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Jeff Bellin @bellinj.bsky.social · 02/06/2025

This is one of the many - how have they not answered that yet? - cases in Fourth Amendment doctrine. Might also offer guidance on analyzing exigent circumstances that are safety- not crime-focused.

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The Wolf Law Library @wolflawlibrary.bsky.social · 08/04/2025

The library has *doubled* sales of @bellinj.bsky.social's 2nd edition of 'The Law of Evidence'! www.amazon.com/Law-Evidence...

Jeffrey Bellin, 'The Law of Evidence,' 2nd ed. (2025).

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Bennett Capers @bennettcapers.bsky.social · 31/03/2025

It's live! Very proud of this piece I wrote with Jeffrey Bellin (@bellinj.bsky.social) for the Yale Law Journal. And thanks to Dave Pozen of Columbia Law School for writing such a provocative book for us to engage with! www.yalelawjournal.org/review/race-...

yalelawjournal.org

Race, the Academy, and <i>The Constitution of the War on Drugs</i>

David Pozen’s new book chronicles the constitutional arguments that American litigants once deployed to protect a “right” to use drugs. This Review supplements and critiques Pozen’s important contribu...

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Jeff Bellin @bellinj.bsky.social · 26/03/2025

The good news is there are high quality, low-cost alternatives in many fields (especially Evidence 😀). My take on the general question - "The High Cost of Law School Casebooks" - is available here: papers.ssrn.com/sol3/papers....

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Jeff Bellin @bellinj.bsky.social · 24/03/2025

👀 In separate statements today, Justices Gorsuch and Alito argue that the Confrontation Clause doctrine introduced by Justice Scalia in 2004 is flawed and needs to change. Alito suggests narrower protections for defendants and Gorsuch hints at broader ones. www.supremecourt.gov/orders/court...

Picture of caption of Justice Alito's statement - full statement available at link.

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Jeff Bellin @bellinj.bsky.social · 20/03/2025

The Second Edition of my low-cost Evidence casebook is now available for adoption in Summer or Fall 2025. Instructors can reach out by email for a review copy. amazon.com/dp/B0F13TCCR7

amazon.com

The Law of Evidence

The Law of Evidence [Bellin, Jeffrey] on Amazon.com. *FREE* shipping on qualifying offers. The Law of Evidence

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Jeff Bellin @bellinj.bsky.social · 27/02/2025

Just received my copy of David Sklansky's timely new book, "Criminal Justice in Divided America," can't wait to dig in. www.hup.harvard.edu/books/978067...

Book cover David Sklansky's Criminal Justice in Divided America

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Popehat @kenwhite.bsky.social · 18/02/2025

This is a concerning milestone. Bringing new investigations and prosecutions is different than just dismissing cases against allies.

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Jeff Bellin @bellinj.bsky.social · 14/02/2025

Important comment on a pending amendment to Federal Rule of Evidence 801(d)(1)(A) from Colin Miller, a leading expert on wrongful convictions.

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Orin Kerr @orinkerr.bsky.social · 13/02/2025

The Acting US Attorney of the SDNY resigned today, and she sent this letter yesterday to the Attorney General explaining why she refused to drop the charges against NYC's mayor. Read the whole thing, but the last two pages are in the screenshots. static01.nyt.com/newsgraphics...

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Jeff Bellin @bellinj.bsky.social · 11/02/2025

The essays from Rich Friedman's Confrontation Clause symposium "Crawford at 20" are out in the Michigan Journal of Law Reform. My contribution warns SCOTUS about a flaw in its new doctrine-casual references to a founding-era "hearsay" definition that doesn't exist. repository.law.umich.edu/mjlr/

List of the articles in the symposium - full text is available at the link.

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Jeff Bellin @bellinj.bsky.social · 05/02/2025

My copy came today - can't wait to read it!

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Orin Kerr @orinkerr.bsky.social · 31/01/2025

Jeff Bellin's announced move from William & Mary to Vanderbilt is a major move in the crim law world. I'm a big fan of Bellin's scholarship; this is a savvy hire for Vandy. (cc @bellinj.bsky.social) leiterlawschool.typepad.com/leiter/2025/...

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