EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

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Tuesday, September 16, 2008

Article Of Interest: Ruebner And Goryunov Update Forfeiture Article In Wake Of Giles, Likely Launching The First Extended Critique Of The Majority Opinion

Earlier, I posted an entry about "Loss of Sixth Amendment Confrontation Rights: Forfeiture Triggered By Voluntary Wrongful Conduct," an article by my colleague Ralph Ruebner and law student Eugene Goryunov.  The version of the article to which I linked was written before the Supreme Court's opinion in Giles v. California and advocated a position that was ultimately rejected by Justice Scalia in his majority opinion.  Well, in the wake of Giles v. California, the authors decided to retool the article over the summer to add a critique of Justice Scalia's majority opinion, which I think that they do quite convincingly.  I would imagine that this is the first extended critique of the majority opinion, and if it is a bellwether of things to come, I don't think that the opinion will be treated that kindly in the pages of the country's law reviews (Indeed, I have already had a few students ask me for unique attacks that they can make upon the opinion in their law review comments based upon the belief that there will be a deluge of articles criticizing it).  Here is the updated SSRN abstract.  You will have a chance to read their updated article in a forthcoming issue of the University of Toledo Law Review, or, right now, you can download the updated version here:  Download giles_article.doc

-CM

http://lawprofessors.typepad.com/evidenceprof/2008/09/article-of-inte.html

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