Callahan, Robert L.

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St. John's University School of Law

St. John's Law Review Volume 34 Number 2 Volume 34, May 1960, Number 2 Article 27 May 2013 New York Evidence (Book Review) Robert L. Callahan Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview Recommended Citation Callahan, Robert L. (1960) "New York Evidence (Book Review)," St. John's Law Review: Vol. 34 : No. 2 , Article 27. Available at: https://scholarship.law.stjohns.edu/lawreview/vol34/iss2/27 This Book Review is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. BOOK REVIEWSprovision for a permanent professional staff for the continuous re-examination of the practice provisions and for the formulation ofproposals for their improvement. If the product of the staff workhas merit, it will readily win approval, whether the power of ultimatedecision is vested in the legislature or in a body of judges. I amhappy to see that the Advisory Committee's report contemplates aprocess of continuous re-examination by a professional staff. Pro-fessor Prashker's own career is a demonstration of the prime im-portance of continuous study by experts. He initiated many far-sighted and useful reforms which have been incorporated into ourpractice, in some instances by action of the legislature and in otherinstances by action of the courts.A professional colleague of Professor Prashker has recentlypronounced this judgment: "This book is undoubtedly the bestshort work in the field and a fitting tribute to the man who con-tributed so much to procedure and procedural reform in this state." 0I concur.PHILIP HALPERN.*NEW YORK EVMENCE. By Edith L. Fisch. New York: LondPublications, 1959. Pp. 678. $15.00.Anyone who undertakes to turn out a complete work on the lawof evidence within the confines of a single volume assumes a monu-mental burden. The author of Fisch on New York Evidence hasborne that burden remarkably well.In 581 pages of text, the author has dealt with most of the rulesof evidence and their exceptions normally found in more pretentiousworks on the subject. Nor is the work a mere cursory treatment ofthe subject matter in outline form. The author has presented thevarious rules of evidence as they apply in New York, has traced theirgrowth and development and has analyzed and evaluated them.The order of treatment of the various rules appears to be some-what novel and unique, but this does not detract from the value ofthe work which contains a critical analysis of the basic problemsposed by the law of evidence. Instead, it demonstrates that the au-thor has exercised a high degree of discrimination in the choice ofsubject matter for discussion.O Peterfreund, Civil Practice, 34 N.Y.U.L. Rov. 1563, 1564 (1959).* Associate Justice of the Appellate Division, Fourth Department, NewYork State Supreme Court.1960]ST. JOHN'S LAW REVIEWThe style adopted by the author makes this book extremelyreadable and understandable.The busy New York practitioner will find in this volume aninvaluable aid to preparation for trial. Diligent research by the authoris reflected in the voluminous citations contained in the footnotesand, if there is a New York decision on the particular subject, itwill in all probability be found therein. In those instances where noNew York decision is available, the author has been able to comeup with a decision from some other jurisdiction.The author has not, however, contented herself with an analysisand evaluation of the rules of evidence which is her declared objective.She has gone further and made sweeping recommendations for theabolition of certain of the rules of privilege, notably the privilegeagainst self-incrimination and the privilege against disclosure of con-fidential communications between husband and wife. These rules ofprivilege are so fundamental and have so long existed that they shouldnot be swept aside without compelling reason. The reasons advancedby the author do not seem to justify so substantial a change in thesefundamental rules of evidence.At first blush, it would appear that this text would be of ques-tionable value for use in the classroom because of its general limita-tion to a discussion of the law of New York which, in many importantinstances, is contrary to the general rule. A close examination ofthe subject matter, however, demonstrates that in every instancewhere this is so, the author has painstakenly pointed out the conflict.Apparently, it is the intention of the author to supplement thisvolume in the future since various sections are reserved for future use.This is an excellent feature and should serve to recommend thebook to the lawyer who is primarily interested in finding the law ofNew York and finding it quickly, for with this treatise, the NewYork lawyer will be furnished with a ready, current and useful guide.This book will be a valuable adjunct to the practicing lawyer'slibrary and should take its place along with the other recognized textson the subject.ROBERT L. CALLAHAN.** Professor of Law, St. John's University School of Law.[ VOL. 34

New York Evidence (Book Review)

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New York Evidence (Book Review)

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