Presumptions, Assumptions, and Due Process in Criminal Cases: A Theoretical Overview, 79 Yale L. J. 165 (1969) (with Ashford).
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. 193 (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).
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). ed: An Empirically Justified
Factual Wrongful Conviction Rate," 97 J. Crim.
Law & Criminology 761 (2007).
ed: An Empirically Justified Factual Wrongful Conviction Rate," 97 J. Crim. Law & Criminology 761 (2007).