D. Michael Risinger

Seton Hall University School of Law

Professor of Law

One Newark Center

Newark, NJ 07102-5210

United States

SCHOLARLY PAPERS

33

DOWNLOADS
Rank 5,274

SSRN RANKINGS

Top 5,274

in Total Papers Downloads

9,709

SSRN CITATIONS
Rank 17,277

SSRN RANKINGS

Top 17,277

in Total Papers Citations

24

CROSSREF CITATIONS

38

Scholarly Papers (33)

1.

Innocents Convicted: An Empirically Justified Wrongful Conviction Rate

Journal of Criminal Law and Criminology, Vol. 97, No. 3, 2007
Number of pages: 46 Posted: 20 Sep 2006 Last Revised: 05 Jun 2008
D. Michael Risinger
Seton Hall University School of Law
Downloads 1,341 (17,464)
Citation 17

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Criminal Law, Criminal Procedure, Wrongful Convictions, Evidence, Proof, Standard of Proof, Empirical Wrongful Conviction Rate, Actual Innocence, Unsafe Verdict

2.

Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions

2019 Wisconsin Law Review 1211 (2019), Univ. of Wisconsin Legal Studies Research Paper No. 1461, 2019, Seton Hall Public Law Research Paper, Forthcoming
Number of pages: 58 Posted: 05 Feb 2019 Last Revised: 17 Jan 2020
University of Wisconsin Law School, Seton Hall University School of Law, Stanford University - Pediatric Radiology and Neuroradiology, Pennsylvania State University - Penn State Hershey Medical Center, University of Michigan Law School, Professor of Law, Cardozo Law School, Co Founder Innocence Project, Partner, Neufeld Scheck & Brustin and American Academy of Forensic Sciences
Downloads 1,011 (26,521)

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shaken baby syndrome, abusive head trauma, Daubert, expert evidence, child abuse, differential diagnosis, differential etiology

3.

The Daubert/Kumho Implications of Observer Effects in Forensic Science: Hidden Problems of Expectation and Suggestion

California Law Review, Vol. 90, p. 1, January 2002
Number of pages: 56 Posted: 27 Feb 2002 Last Revised: 27 May 2014
Seton Hall University School of Law, Arizona State University (ASU) - Sandra Day O'Connor College of Law, University of California, Irvine - Department of Criminology, Law and Society and University of California, Riverside (UCR) - Department of Psychology
Downloads 960 (28,567)
Citation 8

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Evidence, experts, forensic science, observer effects, context effects, expectation, suggestion, Kumho

4.

The Need for a Research Culture in the Forensic Sciences

Northwestern Public Law Research Paper No. 11-20, The Pennsylvania State University Legal Studies Research Paper No. 5-2011
Number of pages: 59 Posted: 14 Feb 2011 Last Revised: 17 May 2014
University of California, Los Angeles (UCLA) - School of Law, University of California, Irvine - Department of Criminology, Law and Society, University College London (UCL), Independent, West Virginia University - College of Business & Economics, California State University, East Bay, PSU - Penn State Law (University Park), Northwestern University - Pritzker School of Law, Minnesota Bureau of Criminal Apprehension, Seton Hall University School of Law, Independent, Indiana University and Stoney Forensic, Inc.
Downloads 959 (28,607)
Citation 2

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Forensic Science, Research Culture

5.

Three Card Monte, Monty Hall, Modus Operandi and 'Offender Profiling': Some Lessons of Modern Cognitive Science for the Law of Evidence

Cardozo Law Review, Vol. 24, No. 195, 2002
Number of pages: 94 Posted: 24 Nov 2009
D. Michael Risinger and Jeffrey L. Loop
Seton Hall University School of Law and affiliation not provided to SSRN
Downloads 556 (59,606)
Citation 1

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Evidence, Criminal Law, Criminal Procedure, Forensic Science, Cognitive Psychology

6.

The NAS/NRC Report on Forensic Science: A Path Forward Fraught with Pitfalls

Utah Law Review, Forthcoming, Seton Hall Public Law Research Paper No. 1537038
Number of pages: 19 Posted: 17 Jan 2010 Last Revised: 08 Mar 2010
D. Michael Risinger
Seton Hall University School of Law
Downloads 414 (85,307)

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evidence, forensic evidence, scientific evidence, forensic science, criminal law, criminal procedure, NAS Report

7.

Bayes Wars Redivivus - An Exchange

International Commentary on Evidence, Vol. 8, No. 1, November 2010, The Pennsylvania State University Legal Studies Research Paper No. 36-2010
Number of pages: 41 Posted: 19 Nov 2010 Last Revised: 14 Nov 2012
UC Hastings Law, Yeshiva University - Benjamin N. Cardozo School of Law, affiliation not provided to SSRN, Seton Hall University School of Law, PSU - Penn State Law (University Park), Northwestern University Pritzker School of Law, University of Michigan Law School, Harvard Law School, Georgetown University Law Center and St. John's University School of Law
Downloads 404 (87,761)

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evidence, relevance, probative value, inference, Bayes' rule, likelihood ratio

8.

The Five Functions of Forensic Science and the Validation Issues They Raise: A Piece to Incite Discussion on Validation

Seton Hall Public Law Research Paper
Number of pages: 17 Posted: 22 Feb 2018
D. Michael Risinger
Seton Hall University School of Law
Downloads 332 (109,724)

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forensic science, expert evidence, criminal trials, evidence, criminal evidence, criminal law, validity

9.

The NAS Report on Forensic Science: A Glass Nine-Tenths Full (This is About the Other Tenth)

Number of pages: 12 Posted: 23 Jul 2009 Last Revised: 09 Apr 2010
D. Michael Risinger
Seton Hall University School of Law
Downloads 332 (109,724)
Citation 1

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evidence, criminal practice, criminal procedure, forensic science, expert witnesses, expertise, blind testing, sequential unmasking, NAS Committee report

10.

Cases Involving the Reliability of Handwriting Identification Expertise Since the Decision in Daubert

Tulsa Law Review, Vol. 43, No. 2, 2007
Number of pages: 120 Posted: 28 Mar 2009
D. Michael Risinger
Seton Hall University School of Law
Downloads 321 (113,818)

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Evidence, criminal evidence, expert evidence, scientific evidence, Daubert, Kumho Tire, legal process

11.

The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried

48 Seton Hall Law Review 1209 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1442, Seton Hall Public Law Research Paper
Number of pages: 19 Posted: 08 May 2018 Last Revised: 29 Aug 2018
Keith A. Findley and D. Michael Risinger
University of Wisconsin Law School and Seton Hall University School of Law
Downloads 292 (125,860)

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Postconviction review, SBS/AHT, shaken baby syndrome, abusive head trauma, newly discovered evidence, shifted science, flawed forensic science

12.

Navigating Expert Reliability: are Criminal Standards of Certainty Being Left on the Dock?

Albany Law Review, Vol. 64, No. 1, 2000
Number of pages: 51 Posted: 18 Dec 2000 Last Revised: 25 Aug 2008
D. Michael Risinger
Seton Hall University School of Law
Downloads 265 (139,296)
Citation 5

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13.

Miscarriages of Justice: A Theoretical and Practical Overview

Atlanta's John Marshall Law School Law Journal, Symposium, March 2014, Seton Hall Public Law Research Paper No. 2406595
Number of pages: 24 Posted: 11 Mar 2014
D. Michael Risinger and Lesley C. Risinger
Seton Hall University School of Law and Seton Hall University School of Law
Downloads 241 (152,996)

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criminal law, criminal procedure, evidence, proof, exoneration, actual innocence

14.

Innocence is Different: Taking Innocence into Account in Reforming Criminal Procedure

New York Law School Law Review, Vol. 56, No. 3, 2011, Seton Hall Public Law Research Paper No. 1783941
Number of pages: 34 Posted: 14 Mar 2011
D. Michael Risinger and Lesley C. Risinger
Seton Hall University School of Law and Seton Hall University School of Law
Downloads 241 (152,996)
Citation 1

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Innocence, criminal procedure, criminal law, evidence, investigating magistrate, criminal discovery, mugshot trawl search

15.

Whose Fault? - Daubert, the NAS Report, and the Notion of Error in Forensic Science

Fordham Urban Law Journal, Forthcoming
Number of pages: 22 Posted: 14 Dec 2010
D. Michael Risinger
Seton Hall University School of Law
Downloads 194 (187,654)

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Evidence, expert evidence, forensic science, criminal law, criminal procedure, law and science, litigation

16.
Downloads 171 (209,697)

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Evidence, criminal evidence, expert evidence, scientific evidence, Daubert, Kumho Tire, legal process

17.

Some Reservations About Likelihood Ratios (and Some Other Aspects of Forensic Bayesianism)

Seton Hall Public Law Research Paper No. 2020052
Number of pages: 18 Posted: 13 Mar 2012
D. Michael Risinger
Seton Hall University School of Law
Downloads 157 (225,398)
Citation 1

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evidence, expert evidence, scientific evidence, Bayesianism, Bayes's Theorem, statistics

18.

Tragic Consequences of Deadly Dilemmas: A Response to Allen and Laudan

Seton Hall Law Review, Forthcoming
Number of pages: 32 Posted: 18 Jul 2009 Last Revised: 23 Nov 2009
D. Michael Risinger
Seton Hall University School of Law
Downloads 157 (225,398)

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19.

Searching for Truth in the American Law of Evidence and Proof

Georgia Law Review, Vol. 47, p. 801, 2013, Seton Hall Public Law Research Paper No. 2307231
Number of pages: 35 Posted: 09 Aug 2013 Last Revised: 18 Oct 2013
D. Michael Risinger
Seton Hall University School of Law
Downloads 138 (250,447)

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evidence, fact, truth, federal rules of evidence, jury

20.

Defining the 'Task at Hand': Non-Science Forensic Science after Kumho Tire V. Carmichael

Washington & Lee Law Review, Vol. 57, Summer 2000
Number of pages: 34 Posted: 08 Feb 2001 Last Revised: 25 Aug 2008
D. Michael Risinger
Seton Hall University School of Law
Downloads 136 (253,334)

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Kumho, Daubert, evidence, expert, criminal evidence, handwriting identification

21.

What Statisticians Can Do for Forensic Science

Seton Hall Public Law Research Paper No. 2016577
Number of pages: 6 Posted: 05 Mar 2012 Last Revised: 14 Jun 2012
D. Michael Risinger
Seton Hall University School of Law
Downloads 132 (259,187)

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evidence, statistics, criminal law, fingerprints, bitemarks

22.

Forensic Bitemark Identification: Weak Foundations, Exaggerated Claims

Journal of Law and the Biosciences, Vol. 3, No. 3, 538-575, Temple University Legal Studies Research Paper No. 2017-23
Number of pages: 38 Posted: 05 Sep 2017 Last Revised: 28 Apr 2020
Arizona State University (ASU) - Sandra Day O'Connor College of Law, Salk Institute for Biological Studies, Harvard University - Harvard Medical School, American Academy of Forensic Sciences, Private Practice of Dentistry, State University of New York at Buffalo, State University of New York (SUNY), Johns Hopkins University - School of Hygiene and Public Health, University of California, Irvine - Department of Criminology, Law and Society, University of Arizona, Northwestern University, School of Law & American Bar Foundation, Griffith University - School of Criminology and Criminal Justice, Temple University - James E. Beasley School of Law, UC Hastings Law, UC Hastings Law, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Duke University School of Law, Case Western Reserve University School of Law, Stanford Law School, University of California, Davis - School of Law, The Forensic Institute, University of Virginia, Tufts University, Northwestern University - Pritzker School of Law, Harvard University - Harvard Medical School, University of California, Los Angeles (UCLA) - School of Law, George Washington University - Law School, New York University School of Law, Office of the Medical Examiner, Tarrant County, TX, California State University, Los Angeles, Seton Hall University School of Law, University of California, Berkeley - School of Public Health, Texas A&M University, University of California, Irvine - Department of Statistics, University of California, Irvine - Department of Criminology, Law and Society, San Jose State University, Northwestern University and University of New Mexico
Downloads 122 (274,909)

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admissibility, bite mark, expert evidence, forensic science

23.

The Emerging Role of Innocence Lawyer and the Need for Role-Differentiated Standards of Professional Conduct

Sarah Cooper (Ed.) Controversies in Innocence Cases in America, Forthcoming, Seton Hall Public Law Research Paper No. 2237754
Number of pages: 11 Posted: 23 Mar 2013 Last Revised: 08 Apr 2019
D. Michael Risinger and Lesley C. Risinger
Seton Hall University School of Law and Seton Hall University School of Law
Downloads 116 (285,016)

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criminal law, actual innocence, innocence, lawyer, professional responsibility, ethics, evidence, proof

24.

The Reliability of Latent Print Individualization: Brief of Amici Curiae Submitted on Behalf of Scientists and Scholars by the New England Innocence Project, Commonwealth v. Patterson

42(No. 1) Crim. Law Bulletin 21 (2006)
Number of pages: 19 Posted: 21 Apr 2015
New England Law | Boston, APEX Consulting, Illinois State University - Department of Politics and Government, University of California, Irvine - Department of Criminology, Law and Society, UC Hastings Law, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Case Western Reserve University School of Law, Human Factors Consultants, University of Illinois at Chicago - Department of Psychology, Stanford University, University of California, Los Angeles (UCLA) - School of Law, Florida International University (FIU) - College of Law, Duquesne University - School of Law, Seton Hall University School of Law, University of Lethbridge and Northwestern University
Downloads 110 (295,841)

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Evidence, fingerprint identification, ACE-V methodology, latent fingerprint examiners, latent fingerprint individualization, simultaneous fingerprint impressions, expert testimony, crime laboratories

25.

Unsafe Verdicts: The Need for Reformed Standards for the Trial and Review of Factual Innocence Claims

Houston Law Review, Forthcoming
Number of pages: 47 Posted: 29 Oct 2004 Last Revised: 25 Aug 2008
D. Michael Risinger
Seton Hall University School of Law
Downloads 100 (315,709)
Citation 1

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26.

Guilt vs. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability?

Seton Hall Law Review, Vol. 38, No. 3, 2008
Number of pages: 8 Posted: 24 Mar 2009
D. Michael Risinger
Seton Hall University School of Law
Downloads 89 (339,978)

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Evidence, trial, Evidence, criminal evidence, expert evidence, scientific evidence, adversary system, legal process

27.

At What Cost?: Blind Testing, Eyewitness Identification, and the Question of What Can and Cannot Be Counted as a Cost of Reducing Information Available for Decision

Seton Hall Public Law Research Paper No. 2361801
Number of pages: 22 Posted: 02 Dec 2013 Last Revised: 31 Jan 2014
D. Michael Risinger
Seton Hall University School of Law
Downloads 82 (357,189)

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Evidence, Blind testing, masking, eyewitness identification, expert evidence, lineups, criminal procedure, innocence

28.

Female Law Librarians as Pioneer Women Law Professors: A (Belated) Response to Dean Kay, with Some Suggested Additions to Her Canonical List.

Law Library Journal, v. 112 (2020), Seton Hall Public Law Research Paper Forthcoming
Number of pages: 23 Posted: 07 Jul 2020 Last Revised: 13 Oct 2020
D. Michael Risinger
Seton Hall University School of Law
Downloads 81 (359,826)

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Legal education, Pioneer woman law prpfessors, law librarians

29.

Inquiry, Relevance, Rules of Exclusion, and Evidentiary Reform (A Contribution to a Festschrift for Margaret A. Berger)

Brooklyn Law Review, Forthcoming
Number of pages: 15 Posted: 25 Jul 2009 Last Revised: 20 Aug 2009
D. Michael Risinger
Seton Hall University School of Law
Downloads 79 (365,171)

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evidence, relevance, inference, naturalized epistemology

30.

Against Symbolization

Seton Hall Public Law Research Paper No. 2032294
Number of pages: 9 Posted: 01 Apr 2012
D. Michael Risinger
Seton Hall University School of Law
Downloads 63 (413,008)

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31.

Wolves and Sheep, Predators and Scavengers, or Why I Left Civil Procedure (Not with a Bang, But a Whimper)

UCLA Law Review, Vol. 60, No. 6, 2013, Seton Hall Public Law Research Paper No. 2250790
Number of pages: 31 Posted: 14 Apr 2013
D. Michael Risinger
Seton Hall University School of Law
Downloads 59 (426,525)
Citation 1

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civil procedure, summary judgment, class actions, counter-revolution

32.

Leveraging Surprise: What Standards of Proof Imply that We Want from Jurors, and What We Should Say to Them to Get It

Seton Hall Law Review, Vol. 48, p. 965, 2018, Seton Hall Public Law Research Paper
Number of pages: 30 Posted: 20 Sep 2018
D. Michael Risinger
Seton Hall University School of Law
Downloads 32 (541,750)

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Evidence, standards of proof, probability, surprise

33.

Brief of Amici Curiae Evidence Law Professors in Support of Plaintiff-Appellant and Supporting Reversal in Wikimedia v. NSA

Number of pages: 29 Posted: 02 Nov 2020 Last Revised: 08 Dec 2020
PSU - Penn State Law (University Park), University of California, Davis - School of Law, Seton Hall University School of Law and University of California, Berkeley, School of Law
Downloads 22 (602,236)
Citation 1

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Standing, Daubert, Expert Testimony, Upstream Surveillance, Internet, NSA