Let's start with how federal sausage is made. Recently, I read that the chief policymaking body supervising rule drafting has 26 federal judges and no practicing lawyers. None. The committees voting on revisions have few practitioners and many judges, professors, and government employees. The legal geniuses in Congress made significant revisions in the evidence package sent over from the Court in 1972, delaying the effective date until January 2, 1975. It's little wonder that the Federal Rules of Evidence need changing. Here are some suggestions.
"Policy Changes Needed in the Federal Rules of Evidence,"
Tennessee Journal of Law & Policy:
2, Article 4.
Available at: http://trace.tennessee.edu/tjlp/vol1/iss2/4