Bibliography

Robert P. Mosteller

Forthcoming

Evidence (United States), in Encyclopedia of Legal History (forthcoming 2008)

Books

Evidence: Cases and Materials (7th ed. 2007) (with Broun & Giannelli)
McCormick on Evidence (6th ed. 2006) (with others) (Hornbook)
McCormick on Evidence (6th ed. 2006) (with others) (2 vol. practitioner ed.)
North Carolina Evidentiary Foundations (2d ed. 2006 & 2008 Supplement) (with Imwinkelried, Beskind, Eagles & Ross)
Evidence: Cases and Materials (5th ed. 1995, 6th ed. 2002) (with John W. Strong and Kenneth S. Brown).
Problems in Evidence (3d ed. 1988, 4th ed. 2001) (with Broun and Bilionis).
Mandatory Justice: Eighteen Reforms to the Death Penalty, (Death Penalty Initiative of the Constitution Project, 2001) (Co-reporter).
McCormick on Evidence (4th ed. 1992, 5th ed. 1999) (with others).
North Carolina Evidentiary Foundations (1998) (with others).

Supplements

2004 Supplement to North Carolina Evidentiary Foundations (1998)
2003 Supplement to McCormick on Evidence (with others).
2002 Cumulative Supplement to North Carolina Evidentiary Foundations.

Articles and Essays

Exculpatory Evidence, Ethics, and the Road to the Disbarment of Mike Nifong: The Critical Importance of Full Open-File Discovery, 15 George Mason Law Review 257-318 (2008)
The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to," 76 Fordham Law Review 1337-1412 (2007)
Confrontation as Constitutional Criminal Procedure: 'Crawford's' Birth Did Not Require that 'Roberts' Had to Die, 15 Journal of Law & Policy 685-723 (2007)
Finding the Golden Mean with Daubert: An Elusive, Perhaps an Impossible, Goal, 52 Villanova Law Review 723-762 (2007)
Police Deception Before Miranda Warnings: The Case for Per Se Exclusion of an Entirely Unjustified Practice at a Particularly Sensitive Moment, 39 Texas Tech Law Review 1239-1273 (2007)
Softening the Formality and Formalism of the 'Testimonial' Statement Concept, 19 Regent University Law Review 429-458 (2007)
Testing the Testimonial Concept and Exceptions to Confrontation: 82 Indiana Law Journal 917-997 (2007)
Davis v. Washington and Hammon v. Indiana:Beating Expectations, 105 Michigan Law Review First Impressions 6 (2006)
Evidence History, the New Trace Evidence and Rumblings in the Future of Proof, 3 Ohio State Journal of Criminal Law 523-541 (2006)
Victims' Rights, in 3 Encyclopedia of American Civil Liberties 1710-1712 (Paul Finkelman ed., 2006)
"Testimonial" and the Formalistic Definition - the Case for an "Accusatorial" Fix, 20 Criminal Justice 14-22 (Summer 2005)
Crawford v. Washington: Encouraging and Ensuring the Confrontation of Witnesses, 39 University of Richmond Law Review 511-626 (2005)
Crawford's Impact on Hearsay Statements in Domestic Violence and Child Sexual Abuse Cases, 71 Brooklyn Law Review 411-427 (2005)
The Confrontation Clause Radically Redefined by Crawford v. Washington, 9 North Carolina State Bar Journal 6-10, 23 (Winter 2004)
Admissibility of Fruits of Breached Evidentiary Privileges: The Importance of Adversarial Fairness, Party Culpability, and Fear of Immunity, 81 Washington University Law Quarterly (2003).
New Dimensions in Sentencing Reform in the Twenty-First Centry, 81 Oregon Law Review 1-32 (2003).
Victim Impact Evidence: Hard to Find the Real Rules, 88 Cornell Law Review 543 (2003).
Foreword: Children as Victims and Witnesses in the Criminal Trial Process, 65 Law & Contemp. Probs. 1 (Winter 2002).
The Maturation and Disintegration of the Hearsay Exception for Statements for Medical Examination in Child Sexual Abuse Cases, 65 Law & Contemp. Probs. 47 (Winter 2002).
Cowboy Prosecutors and Subpoenas for Incrminating Evidence: The Consequence and Correction of Excess, 58 Washington & Lee Law Review 487 (2001).
The U.S. Perspective on the Judicial Role in Sentencing: A Story of Small Victories and a Call for Partial Solutions in a Difficult Environment, in Proceedings of Belfast Conference on the Judicial Role in Criminal Processes 247 (2000) (J. Jackson & S. Doran eds.,).
With Disdain for the Constitutional Craft: The Proposed Victims' Rights Amendment, 78 N.C. L. Rev. 371 (2000) (with H. Jefferson Powell).
The Unnecessary Victims' Rights Amendment, 1999 Utah L. Rev. 371.
Victims' Rights and the Constitution: Moving from Guaranteeing Participatory Rights to Benefiting the Prosecution, 29 St. Mary's L.J. 1053 (1998).
Moderating Investigative Lies by Disclosure and Documentation, 76 Ore. L. Rev. 833 (1997).
Victims' Rights and the United States Constitution: An Effort to Recast the Battle in Criminal Litigation, 85 Geo. L.J. 1691 (1997).
The Uses and Abuses of Syndrome and "Group Character" Evidence in American Criminal Trials, in Proceedings of the First World Conference on New Trends in Criminal Investigations and Evidence 193 (J.F. Nijboer & Reijintes eds., 1997).
Syndromes and Politics in Criminal Trials and Evidence Law, 46 Duke L.J. 461 (1996).
Discussion: Interpretation of Federal Rule 801, 16 Miss. C. L. Rev. 21 (1995).
Popular Justice, 109 Harv. L. Rev. 487 (1995) (reviewing George P. Fletcher, With Justice for Some: Victims' Rights in Criminal Trials (1995)).
Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions, 1993 U. Ill. L. Rev. 691.
The Effect of Victim-Impact Evidence on the Defense, Crim. Just., Spring 1993, at 24.
Child Abuse Reporting Laws and Attorney-Client Confidences: The Reality and the Specter of Lawyer as Informant, 42 Duke L. J. 203 (1992).
Double Jeopardy, in Encyclopedia of the American Constitution 155 (Leonard W. Levy et al., eds., Supp. I 1991).
Speedy Trial, in Encyclopedia of the American Constitution 506 (Leonard W. Levy et al., eds., Supp. I 1991).
Legal Doctrines Governing the Admissibility of Expert Testimony Concerning Social Framework Evidence, Law & Contemp. Probs., Autumn 1989, at 85.
Child Sexual Abuse and Statements for the Purpose of Medical Diagnosis or Treatment, 67 N.C. L. Rev. 257 (1989).
Simplifying Subpoena Law: Taking the Fifth Amendment Seriously, 73 Va. L. Rev. 1 (1987).
Discovery Against the Defense: Tilting the Adversarial Balance, 74 Calif. L. Rev. 1567 (1986).