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Abstract

I. Hearsay Created in the Process of Prosecution ... A. Why There Must Be Another Dimension ... B. The Historical Evidence ... C. The Process of Prosecution ... D. Structure of the Federal Rules of Evidence ... E. Balancing Effective Prosecution and Defendant's Rights

II. The Structure of Confrontation Doctrine ... A. The Established Rules ... 1. Trial Confrontation ... 2. Prior Confrontation ... 3. Waiver ... 4. Nonhearsay Purpose ... 5. Dying Declaration ... 6. Co-conspirator Statement ... B. Boundaries of the Rules ... C. Where Does "Reliability of Content" Fit in the Structure?

III. Testing the Proposals ... A. Earnest on Remand ... B. Applying the Structure to New Fact Situations ... C. Looking Ahead

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