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Law Review Articles
Presumptions, Assumptions, and Due Process
in Criminal Cases: A Theoretical Overview, 79
Yale L. J. 165
(1969) (with Ashford).
Honesty
in Pleading and Its Enforcement:
Some "Striking" Problems with FRCP
II, 61 Minn. L. Rev.1 (1976)
Questioning Questions:
Problems of Form in the Interrogation
of Witnesses, 33 Arkansas L. Rev. 439 (1980)
(with Denbeaux).
"Substance" & "Procedure" Revisited, (with Some Afterthoughts on the Constitutional Problems of "Irrebuttable Presumptions"), 30 U.C.L.A. L. Rev. 189 (1983).
Direct Damages: The Lost
Key to Constitutional Just
Compensation When Business Premises
Are Condemned, 15 Seton Hall L. Rev.
483 (1985).
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).
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).
Science and Nonscience in the
Courtroom: Daubert Meets
Handwriting Identification
Expertise, 82 Iowa L. Rev. 21 (1997)
(with Saks).
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).
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).
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. 1 (2002) (with Loop).
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).
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, Rosenthal and Thompson).
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).
Unsafe Verdicts: The Need
for Reformed Standards for the Trial
and Review of Factual Innocence
Claims, 41 Houston L.
Rev. 1281 (2004).
"Boxes in Boxes: Julian Barnes, Conan Doyle, Sherlock Holmes and the Edalji Case," 4 International Commentary on Evidence, Iss. 2, Article 3. (2006).
"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).
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