Friday, November 11
9:00 am - 4:00 pm
250 Joralemon Street
Brooklyn
Registration for this event is now closed.
Crawford and Beyond III:
Confrontation Clause Limitations on the Admissibility of Testimonial Hearsay become “Curiouser and Curiouser.” The End of the Beginning or the Beginning of the End?
Sponsor
Journal of Law & Policy
is a scholarly journal of analysis and commentary whose mission is to promote the debate of law-related issues and public policy through the publication of articles written by legal scholars, law students, and distinguished members of the legal and policymaking communities.
About the Symposium
The Supreme Court’s 2004 decision in Crawford v. Washington abandoned a reliability-based framework for determining Confrontation Clause limitations on the admissibility of hearsay against a criminal defendant, replacing it with an historically-moored categorical exclusion of “testimonial” hearsay. Justice Scalia’s opinion for the Court left a comprehensive definition of “testimonial” for another day, but identified statements made during police interrogation at the category’s core.
Then last February, in Michigan v. Bryant, Justice Sotomayor for the Court concluded that a fatally gun-shot wounded man who identified the shooter in response to police “emergency” questioning had not made a testimonial statement, because there was no primary purpose to create evidence.
Concurring in the judgment, Justice Thomas criticized “primary purpose” as “disconnected from history” and “yield[ing] no predictable results.” Justice Scalia’s dissent viewed the majority opinion as an ill-disguised attempt to overrule Crawford that “distorts” Confrontation Clause jurisprudence, leaving it “in a shambles.”
In this symposium, our third addressing Crawford and its aftermath, distinguished scholars, jurists and practitioners will explore testimonial hearsay statements and Confrontation Clause related issues.
Agenda
8:30 am Registration
9:00 am Welcome
9:15 am I Bryant v. Crawford & Davis
Moderator
Robert M. Pitler
Professor of Law
Brooklyn Law School
Panelists
Hon. Mark Dwyer
Acting Supreme Court Justice
New York State Unified Court System
Brooks R. Holland
Assistant Professor and Gonzaga Law Foundation Scholar
Gonzaga University School of Law
Jeffrey L. Fisher
Associate Professor of Law and Co-Director, Supreme Court Litigation Clinic
Stanford Law School
Richard D. Friedman
Alene and Allen F. Smith Professor of Law
University of Michigan Law School
Randolph N. Jonakait
Professor of Law
New York Law School
Robert P. Mosteller
Associate Dean for Academic Affairs and J. Dickson Phillips Distinguished Professor of Law
University of North Carolina School of Law
Paul Shechtman, Esq.
Partner
Zuckermen Spaeder LLP
David A. Sklansky
Yosef Osheawich Professor of Law
UC Berkeley School of Law
10:30 am Break
10:45 am II Business Records, Forensic Reports, & Expert Testimony
Moderator
Neil P. Cohen
Professor of Law
Brooklyn Law School
Presenters
Jennifer L. Mnookin
Professor of Law
UCLA School of Law
Paul Shechtman, Esq.
Panelists
Elizabeth S. Doerfler, Esq.
Deputy Bureau Chief, Sex Crimes/Special Victims Bureau
King's County District Attorney's Office
Hon. Mark Dwyer
Professor Jeffrey L. Fisher
Professor Richard D. Friedman
Paul C. Giannelli
Distinguished University Professor & Weatherhead Professor of Law
Case Western Reserve University School of Law
Professor Robert P. Mosteller
Professor David A. Sklansky
12:15 pm Lunch Break
1:30 pm III Statements of Children
Moderator
Frederic M. Bloom
Professor of Law
Brooklyn Law School
Presenters
Professor Richard D. Friedman
Professor Robert P. Mosteller
Panelists
Hon. Mark Dwyer
Andrew C. Fine, Esq.
Supervising Attorney
The Legal Aid Society Criminal Appeals Bureau
Professor Jeffrey L. Fisher
Professor Paul C. Giannelli
Professor Randolph N. Jonakait
Professor Jennifer L. Mnookin
Professor David A. Sklansky
3:00 pm IV Confrontation Potpourri
Moderator
Professor Robert M. Pitler
Panelists
Hon. Mark Dwyer
Andrew C. Fine, Esq.
Professor Jeffrey L. Fisher
Professor Richard D. Friedman
Professor Brooks R. Holland
Professor Robert P. Mosteller
Professor David A. Sklansky
CLE Credit
This course provides six (6) CLE credits in the State of New York. The credits are transitional and non-transitional and the category is Areas of Professional Practice. To register for CLE credit for this event please RSVP online or call 718-780-7904.
Cost
The program is free for those who do not want CLE credit. All attendees, however, must RSVP.
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$60 ($10 per CLE credit) for Brooklyn Law School graduates who hold a current BLS Alumni Association Membership Card. If you would like to join, please call 718-780-7966.
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$150 ($25 per CLE credit) for attorneys working at a non-profit
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$300 ($50 per CLE credit) for all others
If you are registering for CLE credit, you can pay online or by mail with a check payable to Brooklyn Law School. Checks may be mailed to:
Brooklyn Law School
Office of External Affairs
250 Joralemon Street
Brooklyn, New York 11201
Refunds cannot be made for cancellation requests received later than 24 hours before the event. To cancel, contact cle@brooklaw.edu or call 718-780-7904.
Our financial aid policy is available upon request. Please email CLE@brooklaw.edu or call (718) 780-7904.