A new test

We have all had to deal with the test:  is it harmless error, is it . . . .?  When it comes to evidence and argument we have some other tests:  straight faced, no s#$@, we are the government therefore it’s admissible, etc.  Well Professor McElhaney has given us a new one:  the “Giggle test.”  Makes a lot of sense.

As reported in the ABA Journal online.