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    11.11.11 Journal of Law & Policy Symposium - Crawford and Beyond III
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    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.

    • $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.
    • $150 ($25 per CLE credit) for attorneys working at a non-profit
    • $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.

View video of the recent Symposium: Choice of Law in Cross-Border Bankruptcy Cases