Exonerating the Innocent: Pretrial Innocence Procedures
This symposium issue features ten articles by fourteen scholars and practitioners examining proposals for fundamental changes and even wholesale alternatives to our adversarial criminal justice system that could address the problem of wrongful convictions. These papers were presented at a November 2010 conference co-sponsored by the the New York Law School Law Review and the West Point Center for the Rule of Law.
It also features essays based on presentations made at an event co-sponsored by the Law Reviewa and the New York City Affairs Committee of the New York City Bar Association, entitled Lawyers and the Law in New York City: Ten Years After 9/11 in September, 2011.
Volume 56, Issue 3 (2011-2012)
I. Exonerating the Innocent: Pretrial Innocence Procedures
- Exonerating the Innocent: Pretrial Innocence Procedures by Tim Bakken, Professor of Law at the U.S. Military Academy at West Point, and Lewis M. Steel, Of Counsel at Outten and Golden, LLC.
- Models of Justice to Protect Innocent Persons by Tim Bakken, Professor of Law at the U.S. Military Academy at West Point.
- Innocence Is Different: Taking Innocence into Account in Reforming the Search for the Truth by D. Michael Risinger, John J. Gibbons Professor of Law, Seton Hall University School of Law; and Lesley C. Risinger, Director, Last Resort Exoneration Project, Seton Hall University School of Law.
- Adversarial Inquisitions: Rethinking the Search for the Truth by Keith A. Findley, Clinical Professor, University of Wisconsin Law School; Co-Director, Wisconsin Innocence Project; President, Innocence Network.
- Convicting Lennie: Mental Retardation, Wrongful Convictions, and the Right to a Fair Trial by John H. Blume, Professor of Law, Cornell Law School, and Director, Cornell Death Penalty Project; Sheri Lynn Johnson, Professor of Law, Cornell Law School, Assistant Director, Cornell Death Penalty Project; and Susan Millor, Cornell Law School, Class of 2012.
- Pretrial Procedures for Innocent People: Reforming Brady by Lissa Griffin, Professor of Law, Pace University School of Law.
- Pretrial Incentives, Post-Conviction Review, and Sorting Criminal Prosecutions by Guilt or Innocence by Samuel R. Gross, Thomas and Mabel Long Professor of Law at the University of Michigan Law School.
- Dallas County Conviction Integrity Unit and the Importance of Getting It Right the First Time by Mike Ware, Adjunct Professor of Law, Texas Wesleyan University School of Law; Supervising Attorney of Wesleyan Innocence Project.
- The Problem of Convicting Innocent Persons: How Often Does It Occur and How Can It Be Prevented? by Leon Friedman, Joseph Kushner Professor of Civil Liberties Law at Hofstra Law School.
- Freeing the Guilty Without Protecting the Innocent: Some Skeptical Observations on Proposed New “Innocence” Procedures by Paul G. Cassell, Ronald N. Boyce Presidential Professor of Criminal Law, S.J. Quinney College of Law at the University of Utah.
II. Lawyers and the Law in New York City: Ten Years After 9/11
- Reflections: The Trajectory of the Legal Profession in a Post-9/11 World by Joseph W. Armbrust, Jr., Partner, Sidley Austin LLP.
- The Aftermath of 9/11: Reflections of Michael A. Cardozo by Michael A. Cardozo, New York City Corporation Counsel.
- The September 11th Victim Compensation Fund of 2001: Policy and Precedent by Kenneth R. Feinberg, Partner, Feinberg Rozen, LLP.; Special Master of the September 11th Victim Compensation Fund of 2011.
- Infringement on Civil Liberties After 9/11 by Donna Lieberman, Executive Director of the New York Civil Liberties Union.
III. Notes
- Getting Back to the Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee
- Affiliations: Foreign Law Firms’ Path into India, Christine Garg
IV. Case Comments
- Gaylord v. United States, Jeffrey Lawhorn
- People v. Harnett, Joanna C. Peck
- Bryant v. Media Right Productions, Inc., Molly Nehring


