Paul F. Rothstein
Professor of Law
B.S., J.D., Northwestern
Areas of Expertise:
Civil Procedure and Trial Practice, Conflict of Laws, Constitutional Law, Courts and Judges, Criminal Law and Procedure, Evidence, Legal Profession and Professional Ethics, Torts
Professor Rothstein is well known for his work in evidence, civil and criminal lawsuits, and the judicial process from the Supreme Court on down. He...
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Professor Rothstein is well known for his work in evidence, civil and criminal lawsuits, and the judicial process from the Supreme Court on down. He is the author of Evidence: Cases, Materials and Problems; Evidence in a Nutshell; Federal Rules of Evidence; Federal Testimonial Priviledges and several other books and approximately 100 articles. His background is that of a practicing litigation attorney. His numerous professional activities include positions as chair of the American Bar Association Rules of Evidence and Criminal Procedure Committee, Board member and Education Chairman of the Federal Bar Association, chair of the Association of American Law Schools Evidence Section, and consultant to the National Conference of Commissioners on Uniform State Laws, the U.S. Congress, and the National Academy of Sciences. In addition, he has been a regular contributing editor to the Legal Times, the New York Law Journal, and the Criminal Law Bulletin and on the Publication Advisory Boards of Matthew Bender Co, Lexis-Nexis, and several other publishers. Professor Rothstein was a Fulbright Scholar at Oxford University in England prior to entering the profession.
Recent Scholarship
Forthcoming Works and Works in Progress
- Paul F. Rothstein & Ronald J. Coleman, Williams v. Illinois and the Confrontation Clause: Does Testimony by a Surrogate Witness Violate the Confrontation Clause?, (working paper). [SSRN] [Gtown Law]
Books
- Paul F. Rothstein & Susan W. Crump, Federal Testimonial Privileges: Evidentiary Privileges Relating to Witnesses and Documents in Federal Law Cases (St. Paul, Minn.: Thomson/West 2d ed. 2003-2013) (publishing annual revisions). [BOOK]
- Paul F. Rothstein, Myrna S. Raeder & David Crump, Evidence in a Nutshell (St. Paul, Minn.: Thomson Reuters 6th ed. 2012). [BOOK]
- Paul F. Rothstein, Federal Rules of Evidence (St. Paul, Minn.: Thomson Reuters/West 3d ed. 2000-2012) (publishing annual editions). [BOOK]
Contributions to Law Reviews and Other Scholarly Journals
- Paul F. Rothstein, Response Essay: Some Observations on Professor Schwartz's “Foundation” Theory of Evidence, 100 Geo. L.J. (Ipsa Loquitur) 9-16 (2012). [SSRN] [Gtown Law] [WWW]
All Scholarship 2000 - Present
Forthcoming Works and Works in Progress
- Paul F. Rothstein, Teacher's Manual to Evidence: Cases, Materials, and Problems (Newark, N.J.: LexisNexis/Matthew Bender forthcoming).
- Paul F. Rothstein & Ronald J. Coleman, Williams v. Illinois and the Confrontation Clause: Does Testimony by a Surrogate Witness Violate the Confrontation Clause?, (working paper). [SSRN] [Gtown Law]
Books
- Paul F. Rothstein & Susan W. Crump, Federal Testimonial Privileges: Evidentiary Privileges Relating to Witnesses and Documents in Federal Law Cases (St. Paul, Minn.: Thomson/West 2d ed. 2003-2013) (publishing annual revisions). [BOOK]
- Paul F. Rothstein, Myrna S. Raeder & David Crump, Evidence in a Nutshell (St. Paul, Minn.: Thomson Reuters 6th ed. 2012). [BOOK]
- Paul F. Rothstein, Federal Rules of Evidence (St. Paul, Minn.: Thomson Reuters/West 3d ed. 2000-2012) (publishing annual editions). [BOOK]
- Paul F. Rothstein, Myrna S. Raeder & David Crump, Evidence in a Nutshell (St. Paul, Minn., Thomson/West 5th ed. 2007). [BOOK]
- Paul F. Rothstein, Myrna S. Raeder & David Crump, Evidence: Cases, Materials, and Problems (Newark, N.J.: LexisNexis Matthew Bender 2006).
- Paul F. Rothstein, Myrna S. Raeder & David Crump, Evidence in a Nutshell: State and Federal Rules (St. Paul, Minn.: Thomson/West 4th ed. 2003).
Contributions to Law Reviews and Other Scholarly Journals
- Paul F. Rothstein, Response Essay: Some Observations on Professor Schwartz's “Foundation” Theory of Evidence, 100 Geo. L.J. (Ipsa Loquitur) 9-16 (2012). [SSRN] [Gtown Law] [WWW]
- Paul F. Rothstein & Ronald J. Coleman, Grabbing the Bullcoming by the Horns: How the Supreme Court Could Have Used Bullcoming v. New Mexico to Clarify Confrontation Clause Requirements for CSI-Type Reports, 90 Neb. L. Rev. 502-558 (2011). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Paul F. Rothstein, Comments on Swift and Slobogin: Mental State Evidence, 38 Seton Hall L. Rev. 1395-1410 (2008). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Paul F. Rothstein, "Anything You Say May Be Used Against You": A Proposed Seminar on the Lawyer's Duty to Warn of Confidentiality's Limits in Today's Post-Enron World, 76 Fordham L. Rev. 1745-1767 (2007). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Paul F. Rothstein, Glimpses of the Priest as Dean, Legislator and Friend, 95 Geo. L.J. 1723-1726 (2007). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Paul F. Rothstein, Teaching Evidence, 50 St. Louis U. L.J. 999 (2006). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Paul F. Rothstein, What Courts Can Do in the Face of the Never-Ending Asbestos Crisis, 71 Miss. L.J. 1-34 (2001). [HEIN] [L] [W] [Gtown Law]
Book Chapters and Collected Works
- Paul F. Rothstein, Evidence and Proof: Current Issues and Controversies, Entry, in 1 Encyclopedia of Law and Society: American and Global Perspectives 519-524 (David Scott Clark ed., London: Sage 2007). [BOOK]
- Paul F. Rothstein, The Story of Upjohn v. United States: One Man's Journey to Extend Lawyer-Client Confidentiality, in Evidence Stories 151-180 (Richard O. Lempert ed., New York: Foundation Press 2006).
- Paul F. Rothstein, Executive Immunity, Entry, in 1 Encyclopedia of the U.S. Supreme Court 334-336 (Thomas T. Lewis & Richard L. Wilson eds., Pasadena, Cal.: Salem Press 2001). [BOOK]
- Paul F. Rothstein, The Right to Die, Entry, in 3 Encyclopedia of the U.S. Supreme Court 804-806 (Thomas T. Lewis & Richard L. Wilson eds., Pasadena, Cal.: Salem Press 2001). [BOOK]
U.S. Supreme Court Briefs
- Brief of Brief Amici Curiae of American Law Professors in Support of Respondents, Norfolk & Western Ry. Co. v. Ayers, No. 01-963. [W] [Gtown Law]
- Brief for William E. Brock and John McCain; Hispanic Republican Caucus; and University Law Professors Lynn A. Baker, Gordon Brewster Baldwin, Viet D. Dinh, Lino A. Graglia, Douglas W. Kmiec, Paul F. Rothstein, Roy A. Schotland, Charles A. Shanor, and Don Wallace, Jr. as Amici Curiae Supporting Respondents, California Democratic Party v. Jones, No. 99-401 (U.S. Mar. 30, 2000). [W] [Gtown Law]
Selected Contributions to Other Publications
- Paul F. Rothstein, The Legal Significance of the Psychological Ability to Appreciate the “Other”, 1 J. Civ. & Legal Sci. e109 (2012). [WWW]
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