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Friedman, Richard D.

Alene and Allan F. Smith Professor of Law

412 Hutchins Hall

Richard D. Friedman, the Alene and Allan F. Smith Professor of Law, is an expert on evidence and U.S. Supreme Court history. He is also one of a few scholars developing a new field, examining sports and games as legal systems. Professor Friedman is the general editor of The New Wigmore, a multi-​volume treatise on evidence. His textbook, The Elements of Evidence, is now in its third edition, and he is coauthor of Park & Friedman's Evidence: Cases and Materials, now in its 12th edition. He also has written many law review articles and essays. In Crawford v. Washington, 541 U.S. 36 (2004), the U.S. Supreme Court radically transformed the law governing the right of an accused to "be confronted with the witnesses against him" by adopting a "testimonial" approach, which Professor Friedman had long advocated; he now maintains the Confrontation Blog to comment on related issues and developments, and he has successfully argued two follow-up cases, Hammon v. Indiana and Briscoe v. Virginia, in the Supreme Court. Professor Friedman earned a BA and a JD from Harvard, where he was an editor of the Harvard Law Review, and a DPhil in modern history from Oxford University. He clerked for Chief Judge Irving R. Kaufman of the U.S. Court of Appeals for the Second Circuit, then practiced law in New York City. He joined the Law School faculty in 1988 from Cardozo Law School. He is a 2010 recipient of the Patriot Award from the Washtenaw County Bar Association.


Recent Publications

More Publications...

Aggregate Versus Unit Scoring (Book). Work in progress.​

"Rescued from the Grave and Then Covered with Mud: Justice Scalia and the Unfinished Restoration of the Confrontation Right." Minn. L. Rev. Headnotes 101, Scalia Symposium (2016): 39-51.
Full Text: MLaw Repository | Westlaw | WWW

Co-author. Federal Rules of Evidence: Text and History. J. Deahl, co-author. American Casebook Series. St. Paul, MN: West Academic Publishing, 2015.​

​Co-author. "The Child Quasi-Witness." S. J. Ceci, co-author. Psychol. Pub. Pol'y & L. 21, no. 4 (2015): 374-82.
Full Text: EBSCOhost (UMich users)​​​

Co-author. "The Child Quasi-Witness." S. J. Ceci, co-author. U. Chi. L. Rev. 82, no. 1 (2015): 89-111.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN

"The Mold That Shapes Hearsay Law." Fla. L. Rev. 66, no. 1 (2014): 433-66.​​
Full Text: MLaw Repository | HEIN (UMich users) | HEIN​​ ​​

Co-author. "The Frame of Reference and Other Problems." J. L. Fisher, co-author. Mich. L. Rev. First Impressions 113 (2014): 43-6.
Full Text: MLaw Repository | WWW

"Jack Weinstein and the Missing Pieces of the Hearsay Puzzle." DePaul L. Rev. 64, no. 2 (2014): 449-73.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | WWW

"Come Back to the Boat, Justice Breyer!" Mich. L. Rev. First Impressions 113 (2014): 1-8.
Full Text: MLaw Repository | WWW

Co-author. Evidence: Cases and Materials. 12th ed. R. C. Park, co-author. New York: Foundation Press, 2013.​

"Who Said the Crawford Revolution Would Be Easy?" Crim. Just. 26, no. 4 (2012): 14-9.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN

"The Sky is Still Not Falling." J. L. & Pol. 20, no. 2 (2012): 427-42.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Westlaw

General editor. The New Wigmore: A Treatise on Evidence. Impeachment and Rehabilitation. R. Park and T. Lininger, authors. New York: Aspen Publishers, 2012.

"Confrontation and Forensic Laboratory Reports, Round Four." Tex. Tech L. Rev. 45, no. 1 (2012): 51-82. (Sixth Annual Criminal Law Symposium: The Sixth Amendment: Panel One: Confrontation.)