Edward J. Imwinkelried

University of California, Davis - School of Law

Martin Luther King, Jr. Hall

Davis, CA CA 95616-5201

United States

SCHOLARLY PAPERS

52

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CITATIONS
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4

Scholarly Papers (52)

1.

The Implied Obligation of Good Faith in Contract Law: Is it Time to Write its Obituary?

Texas Tech Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 185
Number of pages: 21 Posted: 07 Aug 2009
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 462 (40,854)

Abstract:

2.

Shaken Baby Syndrome: A Genuine Battle of the Scientific (and Non-Scientific) Experts

UC Davis Legal Studies Research Paper No. 194
Number of pages: 44 Posted: 27 Oct 2009
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 429 (45,492)

Abstract:

3.

Forensic Metrology: The New Honesty about the Uncertainty of Measurements in Scientific Analysis

UC Davis Legal Studies Research Paper No. 317
Number of pages: 33 Posted: 06 Dec 2012
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 272 (71,192)

Abstract:

4.

Microbial Forensics: The Biggest Thing Since DNA?

Criminal Law Bulletin (Forthcoming), UC Davis Legal Studies Research Paper No. 416
Number of pages: 56 Posted: 04 Feb 2015 Last Revised: 30 Jun 2015
Orrick, Herrington & Sutcliffe, LLP, University of California, Davis - Genome Center, University of California, Davis - School of Law and University of Leuven, Department of Microbiology and Immunology
Downloads 252 (42,855)

Abstract:

5.

The Application of the Attorney-Client Privilege to Interactions Among Clients, Attorneys, and Experts in the Age of Consultants: The Need for a More Precise, Fundamental Analysis

UC Davis Legal Studies Research Paper No. 215
Number of pages: 40 Posted: 27 Apr 2010
Edward J. Imwinkelried and Andrew Amoroso
University of California, Davis - School of Law and University of California, Davis - School of Law
Downloads 210 (106,896)

Abstract:

6.

An Evidentiary Paradox: Defending the Character Evidence Prohibition by Upholding a Non-Character Theory of Logical Relevance, the Doctrine of Chances

UC Davis Law, Legal Studies Research Paper No. 53
Number of pages: 41 Posted: 07 Sep 2005
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 192 (111,324)
Citation 1

Abstract:

7.

A more Modest Proposal than 'A Common Law for the Age of Statutes': Greater Reliance in Statutory Interpretation on the Concept of Interpretative Intention

Albany Law Review, Forthcoming
Number of pages: 24 Posted: 14 Mar 2005
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 181 (119,996)

Abstract:

8.

'This is Like Deja Vu All Over Again': The Third, Constitutional Attack on the Admissibility of Police Laboratory Reports in Criminal Cases

New Mexico Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 126
Number of pages: 38 Posted: 03 Jan 2008 Last Revised: 16 Jan 2008
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 147 (157,155)

Abstract:

9.

Wading into the Daubert Tide: Sargon Enterprises, Inc. v. University of Southern California

UC Davis Legal Studies Research Paper No. 323, UC Hastings Research Paper No. 44
Number of pages: 50 Posted: 08 Feb 2013 Last Revised: 11 Jun 2013
David L. Faigman and Edward J. Imwinkelried
University of California Hastings College of the Law and University of California, Davis - School of Law
Downloads 136 (151,821)

Abstract:

10.

Canine DNA

Criminal Law Bulletin, 2010, UC Davis Legal Studies Research Paper No. 206
Number of pages: 46 Posted: 25 Feb 2010
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 120 (176,617)

Abstract:

11.

A Psychological Critique of the Assumptions Underlying the Law of Evidentiary Privileges: Insights from the Literature on Self-Disclosure

Loyola of Los Angeles Law Review, Forthcoming
Number of pages: 31 Posted: 12 Oct 2004
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 112 (190,407)

Abstract:

12.

Draft Article V of the Federal Rules of Evidence on Privileges, One of the Most Influential Pieces of Legislation Never Enacted: The Strength of the Ingroup Loyalty of the Federal Judiciary

Alabama Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 73
Number of pages: 40 Posted: 08 Mar 2006
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 92 (220,771)

Abstract:

13.

Distinguishing Lay from Expert Opinion: The Need to Focus on the Epistemological Differences between the Reasoning Processes Used by Lay and Expert Witnesses

Southern Methodist University Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 385
Number of pages: 37 Posted: 13 Jul 2014 Last Revised: 25 Jul 2014
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 91 (150,159)

Abstract:

14.

The Case Against Abandoning the Search for Substantive Accuracy

Seton Hall Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 117
Number of pages: 23 Posted: 12 Sep 2007
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 90 (219,298)

Abstract:

15.

Reshaping the 'Grotesque' Doctrine of Character Evidence: The Reform Implications of the Most Recent Psychological Research

Southwestern University Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 91
Number of pages: 31 Posted: 05 Oct 2006
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 90 (203,321)
Citation 2

Abstract:

16.

The Need to Resurrect the Present Sense Impression Hearsay Exception: A Relapse in Hearsay Policy

Howard Law Journal, Forthcoming, UC Davis Legal Studies Research Paper No. 140
Number of pages: 37 Posted: 13 Jun 2008
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 78 (238,902)

Abstract:

17.

The Admissibility of Prosecution Evidence that the Defense Had the Opportunity to Retest the Physical Evidence that Was Analyzed by a Government Expert

New England Journal on Criminal and Civil Confinement, Forthcoming, UC Davis Legal Studies Research Paper No. 222
Number of pages: 39 Posted: 19 Aug 2010
Edward J. Imwinkelried and Rockne P. Harmon
University of California, Davis - School of Law and Senior Deputy District Attorney, Alameda County, California (retired)
Downloads 74 (240,684)

Abstract:

18.

Impoverishing the Trier of Fact: Excluding the Proponent's Expert Testimony Due to the Opponent's Inability to Afford Rebuttal Evidence

Connecticut Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 104
Number of pages: 38 Posted: 24 Apr 2007
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 73 (250,003)

Abstract:

19.

The Epistemological Trend in the Evolution of the Law of Expert Testimony: A Scrutiny at Once Broader, Narrower, and Deeper

Georgia Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 299
Number of pages: 23 Posted: 06 Jun 2012 Last Revised: 11 Dec 2012
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 68 (259,932)

Abstract:

20.

The Validity of the 2010 Federal Rule of Civil Procedure 26 Amendment Governing the Waiver of Work Product Protection: Is the Work Product Doctrine an Evidentiary Privilege?

University of Daytona Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 277
Number of pages: 33 Posted: 26 Oct 2011
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 66 (257,873)

Abstract:

21.

'Waiver' Raised to the Second Power: Waivers of Evidentiary Privileges by Lawyers Representing Accused Being Tried in Absentia

South Carolina Law Review, Forthcoming
Number of pages: 29 Posted: 15 Jan 2005
Francis A. Gilligan and Edward J. Imwinkelried
U.S. Court of Appeals for the Armed Forces and University of California, Davis - School of Law
Downloads 65 (268,252)

Abstract:

22.

The Dangerous Trend Blurring the Distinction between a Reasonable Expectation of Confidentiality in Privilege Law and a Reasonable Expectation of Privacy in Fourth Amendment Jurisprudence

UC Davis Legal Studies Research Paper No. 237
Number of pages: 35 Posted: 08 Dec 2010
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 61 (270,384)

Abstract:

23.

Preliminary Thoughts on an Attorney-Client Privilege For Law Firms: When a Current Client Threatens to Sue the Firm for Malpractice, Does the Privilege Apply to the Firm's Consultation with In-House Counsel About the Potential Claim?

UC Davis Legal Studies Research Paper No. 352
Number of pages: 44 Posted: 01 Oct 2013
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 60 (274,900)

Abstract:

24.

Protecting the Attorney-Client Privilege in Business Negotiations: Would the Application of the Subject-Matter Waiver Doctrine Really Drive Attorneys from the Bargaining Table?

Duquesne University Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 306
Number of pages: 27 Posted: 23 Aug 2012
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 59 (272,620)

Abstract:

25.

Rationalization and Limitation: The Use of Learned Treatises to Impeach Opposing Witnesses

Vermont Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 266
Number of pages: 15 Posted: 23 Aug 2011
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 59 (251,956)

Abstract:

26.

The Supreme Court's Decision to Recognize a Psychotherapist Privilege in Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning of the Term 'Experience' and the Role of 'Reason' Under Federal Rule of Evidence 501

University of Cincinnati Law Review, Vol. 65, No. 5, 1997
Number of pages: 32 Posted: 01 Feb 1999
Diane Marie Amann and Edward J. Imwinkelried
University of Georgia School of Law and University of California, Davis - School of Law
Downloads 59 (270,384)

Abstract:

evidence, privilege, psychotherapy

27.

Formalism versus Pragmatism in Evidence: Reconsidering the Absolute Ban on the Use of Extrinsic Evidence to Prove Impeaching, Untruthful Acts that Have Not Resulted in a Conviction

UC Davis Legal Studies Research Paper No. 396
Number of pages: 40 Posted: 14 Oct 2014
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 58 (266,174)

Abstract:

28.

Evidence of a Third Party's Guilt of the Crime that the Accused is Charged with: The Constitutionalization of the SODDI (Some Other Dude Did It) Defense 2.0

UC Davis Legal Studies Research Paper No. 401
Number of pages: 40 Posted: 03 Dec 2014
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 55 (222,389)

Abstract:

29.

Comparative Bullet Lead Analysis Evidence: Valid Inference or Ipse Dixit?

Oklahoma City University Law Review, Vol. 28, No. 1, 2003
Number of pages: 30 Posted: 09 Dec 2012
Edward J. Imwinkelried and William A. Tobin
University of California, Davis - School of Law and Forensic Engineering International
Downloads 54 (253,895)

Abstract:

forensic, compositional bullet lead analysis, CBLA, comparative bullet lead analysis, evidence, reliability

30.

The Gordian Knot of the Treatment of Secondhand Facts Under Federal Rule of Evidence 703 Governing the Admissibility of Expert Opinions: Another Conflict between Logic and Law

University of Denver Criminal Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 310
Number of pages: 33 Posted: 26 Oct 2012 Last Revised: 11 Dec 2012
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 53 (261,922)

Abstract:

31.

Clarifying the Curative Admissibility Doctrine: Using the Principles of Forfeiture and Deterrence to Shape the Relief for an Opponent's Evidentiary Misconduct

Fordham Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 98
Number of pages: 22 Posted: 14 Feb 2007
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 52 (296,243)

Abstract:

32.

Evidence Code Section 802: The Neglected Key to Rationalizing the California Law of Expert Testimony

Loyola of Los Angeles Law Review, Forthcoming
Number of pages: 22 Posted: 26 Feb 2009
Edward J. Imwinkelried and David L. Faigman
University of California, Davis - School of Law and University of California Hastings College of the Law
Downloads 50 (296,243)

Abstract:

33.

Poetic Justice in Punishing the Evidentiary Misdeed of Knowingly Proffering Inadmissible Evidence

International Commentaries on Evidence, 2008, UC Davis Legal Studies Research Paper No. 152
Number of pages: 26 Posted: 20 Oct 2008
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 50 (301,415)

Abstract:

legal ethics, uncharged misconduct, other acts, and trial ethics

34.

The Government's Increasing Reliance on — And Abuse of — The Deliberative Process Evidentiary Privilege: '[T]he Last Will Be First'

UC Davis Legal Studies Research Paper No. 340
Number of pages: 42 Posted: 23 May 2013
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 49 (284,142)

Abstract:

35.

The End of the Era of Proxies

UC Davis Legal Studies Research Paper No. 250
Number of pages: 16 Posted: 07 Mar 2011
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 45 (309,465)

Abstract:

36.

The Need for Truly Systemic Analysis of Proposals for the Reform of Both Pretrial Practice and Evidentiary Rules: The Role of the Law of Unintended Consequences in 'Litigation' Reform

Review of Litigation, 2012, UC Davis Legal Studies Research Paper No. 290
Number of pages: 42 Posted: 12 Apr 2012
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 39 (335,863)

Abstract:

37.

Serendipitous Timing: The Coincidental Emergence of the New Brain Science and the Advent of an Epistemological Approach to Determining the Admissibility of Expert Testimony

Mercer Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 231
Number of pages: 36 Posted: 22 Oct 2010
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 33 (345,405)

Abstract:

38.

Rethinking the Limits of the Interpretive Maxim of Constitutional Avoidance: The Case Study of the Corroboration Requirement for Inculpatory Declarations Against Penal Interest (Federal Rule of Evidence 804(B)(3))

Gonzaga Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 136
Number of pages: 35 Posted: 02 Apr 2008
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 32 (362,782)

Abstract:

39.

DNA Typing: Emerging or Neglected Issues

Washington Law Review, Vol. 76, No. 2, p. 413, 2001
Number of pages: 61 Posted: 03 May 2012
Edward J. Imwinkelried and David H. Kaye
University of California, Davis - School of Law and Pennsylvania State University, Penn State Law
Downloads 31 (338,990)
Citation 1

Abstract:

DNA evidence, abandoned DNA, dragnet searches, consent, voluntariness, statute of limitations, privilege, Fourth Amendment, Fifth Amendment, Sixth Amendment, medical records, proficiency tests

40.

The Ambivalence in the American Law Governing the Admissibility of Uncharged Misconduct Evidence

Proceedings of the Fifth International Conference on Evidence Law and Forensic Science, Forthcoming, UC Davis Legal Studies Research Paper No. 438
Number of pages: 29 Posted: 08 Aug 2015
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 29 (320,883)

Abstract:

41.

The Golden Anniversary of the 'Preliminary Study of the Advisability and Feasibility of Developing Uniform Rules of Evidence for the Federal Courts': Mission Accomplished?

UC Davis Legal Studies Research Paper No. 281
Number of pages: 33 Posted: 08 Dec 2011
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 25 (374,005)

Abstract:

42.

The Applicability of Privileges to Employees’ Personal E-Mails: The Errors Caused by the Confusion between Privilege Confidentiality and Other Notions of Privacy

Michigan State Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 362
Number of pages: 30 Posted: 03 Dec 2013
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 23 (390,886)

Abstract:

confidentiality, privacy, privilege, attorney-client, spousal, and employee e-mails.

43.

A Statute Overtaken by Time: The Need to Re-Interpret Federal Rule of Evidence 803(8)(a)(iii) Governing the Admissibility of Expert Opinions in Government Investigative Reports

UC Davis Legal Studies Research Paper No. 364
Number of pages: 44 Posted: 11 Feb 2014
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 17 (404,981)

Abstract:

44.

The Effect of the Successful Assertion of the State Secrets Privilege in a Civil Lawsuit in Which the Government Is Not a Party: When, If Ever, Should the Defendant Shoulder the Burden of the Government’s Successful Privilege Claim?

Wyoming Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 428
Number of pages: 29 Posted: 09 May 2015 Last Revised: 05 Jun 2015
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 14 (395,590)

Abstract:

45.

Sargon Enterprises V. U.S.C. - A Different Perspective

California Litigation (Forthcoming), UC Davis Legal Studies Research Paper No. 376, UC Hastings Research Paper No. 107
Number of pages: 8 Posted: 23 Apr 2014 Last Revised: 12 Jul 2014
Edward J. Imwinkelried and David L. Faigman
University of California, Davis - School of Law and University of California Hastings College of the Law
Downloads 11 (359,162)

Abstract:

46.

Criminal Minds: The Need to Refine the Application of the Doctrine of Objective Chances as a Justification for Introducing Uncharged Misconduct Evidence to Prove Intent

UC Davis Legal Studies Research Paper No. 502
Number of pages: 36 Posted: 01 Sep 2016
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 0 (362,782)

Abstract:

47.

Computer Source Code: A Source of the Growing Controversy Over the Reliability of Automated Forensic Techniques

DePaul Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 487
Number of pages: 31 Posted: 17 Apr 2016
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 0 (183,218)

Abstract:

48.

Should Rape Shield Laws Bar Proof that the Alleged Victim Has Made Similar, Untruthful Rape Accusations in the Past?: Fair Symmetry with the Rape Sword Laws

Pacific Law Journal, Forthcoming, UC Davis Legal Studies Research Paper No. 478
Number of pages: 39 Posted: 13 Feb 2016
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 0 (315,056)

Abstract:

49.

The Case for the Present Sense Impression Hearsay Exception: The Relevance of the Original Version of Federal Rule of Evidence 8-03 to Judge Posner’s Criticism of the Exception

Brandeis University Law Journal (Forthcoming), UC Davis Legal Studies Research Paper No. 468
Number of pages: 39 Posted: 09 Dec 2015
Edward J. Imwinkelried
University of California, Davis - School of Law
Downloads 0 (329,687)

Abstract:

50.

The Challenge of Bitcoin Pseudo-Anonymity to Computer Forensics

Criminal Law Bulletin, 2016, Forthcoming, UC Davis Legal Studies Research Paper No. 462
Number of pages: 62 Posted: 13 Oct 2015 Last Revised: 17 Oct 2015
Edward J. Imwinkelried and Jason Luu
University of California, Davis - School of Law and University of California, Davis – School of Law (student)
Downloads 0 (76,354)

Abstract:

51.

Forensic DNA Typing, Selected Legal Issues: A Report to the Working Group on Legal Issues, National Commission on the Future of DNA Evidence

Posted: 04 May 2012
Edward J. Imwinkelried and David H. Kaye
University of California, Davis - School of Law and Pennsylvania State University, Penn State Law

Abstract:

DNA evidence, databases, dragnet searches, consent, medical records, phenotypes, proficiency tests, error rates, Fourth Amendment, Fifth Amendment, Sixth Amendment

52.

The Second Coming of Res Gestae: A Procedural Approach to Untangling the 'Inextricably Intertwined' Theory for Admitting Evidence of an Accused’s Uncharged Misconduct

UC Davis Legal Studies Research Paper No. 198
Posted: 20 Dec 2009
Edward J. Imwinkelried
University of California, Davis - School of Law

Abstract: