Mark P. Denbeaux

Professor of Law
SETON HALL LAW SCHOOL


(973)642-8822
SSRN Site

 
 
Biography & Scholarship
Biography
Publications
Curriculum Vitae
Courses & Syllabi
Contracts
Evidence
Expert Witness
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Biography

Mark P. Denbeaux, one of Seton Hall’s most senior faculty members, is also the Director of the Seton Hall Law School Center for Policy and Research, which is best known for its production of the internationally recognized series of reports on the Guantanamo Bay Detention Camp.  Denbeaux’s interest in the conditions of detainment arose from his representation of two detainees there.

Following his visits to GITMO, and his participation in amicus briefs arising out of the rules governing the hearings for “enemy combatants,” EXPAND Denbeaux realized the need for an analysis of the government’s assumptions and the principles governing the detention process. 

While Denbeaux directs the Center, the Center’s reports are primarily produced by the Seton Hall Law students who are the members and fellows of the Center, beginning in their first year.  Several graduates have remained involved in the Center’s work as well. 

In the last year alone, these reports have included:

§    Captured on Tape: Interrogation and Videotaping of Detainees in Guantánamo (02/07/08)

§    The Meaning of "Battlefield": An Analysis of the Government’s Representations of ‘Battlefield Capture’ and ‘Recidivism’ of the Guantánamo Detainees (12/10/07)

§    The Empty Battlefield and the Thirteenth Criterion (11/08/07)

All of the Center’s reports can be found at http://law.shu.edu/news/guantanamo_reports.htm

The Center’s work is relied upon both domestically and internationally. The Reports have been cited by and included in the Congressional Record of the House Armed Services Committee, the Senate Armed Services Committee and the Senate Judiciary Committee.  Professor Denbeaux has testified before the Senate Armed Services Committee and the Senate Judiciary Committee.   In addition, the Guantanamo Reports have been in cited in numerous briefs in federal district courts, the Court of Appeals for the District of Columbia and the United States Supreme Court.  They have also be the subject of thousands of news reports, academic gatherings and legal symposiums. 

Professor Denbeaux is an extremely effective first year teacher and one of the school’s more effective upper class professors.  He primarily teaches Contracts in the first year curriculum, and is well-known for his use of the Socratic Method.  Most recently, he has focused upon the unique problems surrounding the testimony of those who profess to be forensic scientists. While Professor Denbeaux also teaches evidence, his seminars, which arise out of his interest in the admissibility of “pseudo-science” in trials, comprise his most popular upper class offerings.

Professor Denbeaux’s seminar considers studies forensic evidence.  The course evaluates the reliability of forensic document examiners who testify as to handwriting identification, fingerprint identification, ballistics, tool marks, blood spatter, bit marks and other crime scene forensic witnesses.  The study of these areas includes an evaluation of the reliability and validity of each area’s conclusions, the value of each area’s proficiency testing, and the methodology upon which the conclusions are reached.  In order to fully evaluate forensic evidence, Seton Hall has become a crime laboratory and has taken the proficiency tests and has given opinions about the methodology used by specific forensic fields in court and has written reports that have been used in court proceedings.  A significant part of the seminar includes participating in these projects.  He has spoken on the subject of forensic science at dozens of academic gatherings and has testified as an expert witness on the limitations of forensic evidence more than 50 times in state and federal courts as well as in administrative proceedings.

Professor Denbeaux graduated from the College of Wooster and New York University School of Law.  He was a staff attorney and then coordinator of New York City litigation for the New York City Legal Services Program.  Thereafter he joined the Seton Hall Law School faculty.   During his career at Seton Hall Law School he served as a Director and then the Chair of the Board of the New York City Legal Services Corporation.

 

Mark Denbeaux

Seton Hall Law School,

Newark, NJ

07102

www.denbeama@shu.edu

 

Office 973 642 8822

Mobile 201 214 6785

 SSRN: http://ssrn.com/author=543402

 

 

 

 

Publications
 

Books

Trial Evidence, (I.C.L.E.), (with Risinger), 1978, 1052 pp.

New Jersey Evidentiary Foundations, Denbeaux, Arseneault and Imwinkelried, The Michie Company, 1995.

Articles

The Attorney Client Relationship in Guantanamo Bay  30 Fordham International Law Journal 491 (2007) (with Boyd-Nafstad).

Fifth Report on Guantanamo Detainees: No-Hearing Hearings (2006) (with Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner).

Fourth Report on Guantanamo Detainees: June 10th Suicides at Guantanamo (2006) (with Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner).

Third Report on Guantanamo Detainees: The Guantanamo Detainees During Detention (2006) (with Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner).

Second Report on the Guantanamo Detainees: Inter and Intra Departmental Disagreements About Who Is Our Enemy (2006) (with Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner).

Report on Guantanamo Detainees, A Profile of 517 Detainees through Analysis of Department of Defense Data (2006) (with Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, and Helen Skinner).

Kumho Tire and Expert Reliability: How the Question You Ask Gives the Answer You Get, 34 SETON HALL L. REV. (2003) (with Risinger).

Brave New “Post- Daubert World”--A Reply to Professor Moenssens, 29 Seton Hall L. Rev. 405 (1998) (with Risinger and Saks).

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

The First Word of the First Amendment, Northwestern University L. Rev. (1988).

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

Restitution and Mass Actions: A Solution to the Problems of Class Actions, 10 Seton Hall L. Rev. 273 (1979).

Trust, Cynicism, and Machiavellianism Among First Year Law Students, 53 J. of Urban Law 397 (1976).

Book Review

Resignation in Protest: Political and Ethical Choices Between Loyalty to Team and Loyalty to Conscience in American Public Life, 4 Hofstra L. Rev. (1976).

Sponsored Research

American Bar Foundation, 1974-78. Recipient of a grant, with Professor Alan Katz of Fairfield University, Fairfield, Connecticut, to conduct a longitudinal study on law student attitudes, towards politics, law and legal education

Alteration or Elaboration: Does Law School Instill Cynicism?, (with Alan Katz), National Conferences on Teaching Professional Responsibility, Detroit, Michigan, Sept. 1977