Michael Risinger

Michael Risinger

John J. Gibbons Professor of Law

Michael Risinger

Michael Risinger

John J. Gibbons Professor of Law

Professor Risinger holds a B.A., magna cum laude, from Yale University, and a J.D., cum laude, from Harvard Law School. He clerked for the Honorable Clarence C. Newcomer of the United States District Court for the Eastern District of Pennsylvania. He is a past chair of the Association of American Law Schools Section on Civil Procedure, the immediate past chair of the AALS Section on Evidence, and a life member of the American Law Institute. He was also a member of the New Jersey Supreme Court Committee on Evidence for 25 years, which was responsible for the current version of the New Jersey Rules of Evidence. Professor Risinger came to Seton Hall Law School in 1973. He served as a visiting senior fellow on the law faculty of the National University of Singapore from 1985-1986. Professor Risinger has published in the areas of evidence and civil procedure. He is the co-author of Trial Evidence, A Continuing Legal Education Casebook and the author of two chapters in Faigman, Kaye, Saks and Sanders, Modern Scientific Evidence (“Handwriting Identification” and “A Proposed Taxonomy of Expertise”).  Professor Risinger was selected as one of Seton Hall’s two inaugural Dean’s Research Fellows (2002-2004) and was named the John J. Gibbons Professor of Law in May 2008.  His scholarship has recently concentrated on wrongful convictions as well as expert evidence issues.

PUBLICATIONS

LAW REVIEW ARTICLES


"Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate", 97 J. Crim. Law & Criminology 761 (2007)

"The Irrelevance, and Central Relevance, of the Boundary Between Science and Non-Science in the Evaluation of Expert Witness Reliability", 52 Villanova L. Rev. 679 (2007)

Unsafe Verdicts: The Need for Reformed Standards for the Trial and Review of Factual Innocence Claims, 41 Houston L. Rev. 1281  (2004)

Baserates, The Presumption of Guilt, Admissibility Rulings, and Erroneous Convictions, 2003 Mich. St. L. Rev. 1051 (2003) (with Saks)

Kumho Tire and Expert Reliability: How the Question You Ask Gives the Answer You Get, 34 Seton Hall L. Rev. (2003) (with Denbeaux)

Rationality, Research and Leviathan: Law Enforcement-Sponsored Research and the Criminal Process, 2003 Mich. St. L. Rev. 1023 (2003) (with Saks)

The Daubert/Kumho Implications of Observer Effects in Forensic Science: Hidden Problems of Expectation and Suggestion, 90 Cal. L. Rev. 1 (2002) (with Saks, Thompson & Rosenthal)

Three Card Monte, Monty Hall, Modus Operandi and "Offender Profiling": Some Lessons from Modern Cognitive Science for the Law of Evidence, 24 Cardozo L. Rev. 193 (2002) (with Loop)

Defining the "Task at Hand": Non-Science Forensic Science after Kumho Tire v. Carmichael, 37 Wash. & Lee L. Rev. 767 (2000)

Navigating Expert Reliability: Are Criminal Standards of Certainty Being Left on the Dock, 64 Albany L. Rev. 99 (2000)

Preliminary Thoughts on a Functional Taxonomy of Expertise for the Post Kumho World, 31 Seton Hall L. Rev. 508 (2000)

Brave New "Post-Daubert World" - A Reply to Professor Moensses, 29 Seton Hall L. Rev. 405 (1998)

John Henry Wigmore, Johnny Lynn Old Chief, and "Legitimate Moral Force": Keeping the Courtroom Safe for Heartstrings and Gore, 49 Hastings L.J. 403 (1998)

Science and Nonscience in the Courtroom: Daubert Meets Handwriting Identification Expertise, 82 Iowa L. Rev. 21 (1997) (with Saks)

Exorcism of Ignorance as a Proxy for Rational Knowledge: The Lessons of Handwriting Identification "Expertise", 137 U. Pa. L. Rev. 731 (1989) (with Denbeaux and Saks)

Another Step in the Counter-Revolution: A Summary Judgment on the Supreme Court's New Approach to Summary Judgment, 54 Brooklyn L. Rev. 35 (1988)

Direct Damages: The Lost Key to Constitutional Just Compensation When Business Premises Are Condemed, 15 Seton Hall L. Rev. 483 (1985)

"Substance" & "Procedure" Revisited, (with Some Afterthoughts on the Constitutional Problems of "Irrebuttable Presumptions"), 30 U.C.L.A. L. Rev. 189 (1983)

Questioning Questions: Problems of Form in the Interrogation of Witnesses, 33 Arkansas L. Rev. 439 (1980) (with Denbeaux)

Honesty in Pleading and Its Enforcement: Some "Striking Problems with FRCP II, 61 Minn. L. Rev. 1 (1976)

Presumptions, Assumptions, and Due Process in Criminal Cases: A Theoretical Overview, 79 Yale L. J. 165 (1969) (with Ashford)

OTHER JOURNAL ARTICLES


The NSA/NRC Report on Forensic Science: A Glass Nine Tenths Full (This Is About the Other Tenth), 50 Jurimetrics 21 (2009)

OTHER PUBLICATIONS


"Boxes in Boxes: Julian Barnes, Conan Doyle, Sherlock Holmes and the Edalji Case", 4 International Commentary on Evidence, Iss. 2, Article 3 (2006)

Context Effects in Forensic Science: A Review and Application of the Science of Science to Crime Laboratory Practice in the United States, 43 Science and Justice (the Journal of the British Forensic Science Society) 77 (2003) (with Saks)

A House with No Foundation: Litigation Directed Research in the Criminal Justice System, 20 Issues in Science and Technology (the Magazine of the National Academy of Science) 35 (Fall 2003) (with Saks)