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Friedman, Richard D.

Alene and Allan F. Smith Professor of Law

332 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 that examines 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 fourth 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.

"The Confrontation Right." In Oxford Handbook of Criminal Process. Oxford: Oxford University Press, Forthcoming.

Rules of Play: The Jurisprudence of Sport. M. Berman, co-author. Forthcoming.

"Justice Cardozo." Touro L. Rev. (Forthcoming).

"The Persistence of the Probabilistic Perspective." Seton Hall L. Rev. 48, no. 4 (2018): 1589-600.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Westlaw | WWW

"Controlling the Jury-Teaching Function." Seton Hall L. Rev. 48, no. 3 (2018): 815-26.
Full Text: HEIN (UMich users) | HEIN | Lexis | Westlaw | WWW

General editor. The New Wigmore: A Treatise on Evidence: Evidentiary Privileges. 3rd ed., vols. 1: Ch.1-6B; 2: Ch.6C-13. E. J. Imwinkelried, author. New York: Wolters Kluwer, 2017.

The Elements of Evidence. 4th ed. American Casebook Series. St. Paul, Minn.: West, 2017.

"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 | HEIN (UMich Users) | HEIN | Lexis | Westlaw | WWW