I have been asked to speak at Friday's Brooklyn conference about the meaning of the word "testimonial" for Confrontation Clause purposes. You can see my draft paper by clicking here. This is quite a preliminary draft (very light on footnotes, for example). I will be grateful for any comments, and I hope that any references to it will acknowledge that it is only a preliminary draft. Two of the sections, on formality and on interrogation, are lifted from entries I have previously posted on the blog. The paper includes an extended section on statements not made to government agents, on which I have not yet posted a blog entry.
If any other conference participants would like me to post their papers, please let me know.
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