Robert Mosteller began his teaching career in 1983 after working with the District of Columbia Public Defender Service for seven years. He taught classes on criminal law, trial advocacy, evidence, and criminal procedure. Mosteller co-authored Problems in Evidence, McCormick on Evidence, North Carolina Evidentiary Foundations, and Cases and Materials on Evidence. He served as Senior Associate Dean for Academic Affairs of the Law School from 1989 to 1991, and was the chair of Duke University’s Academic Council from 1998 to 2000. In 2002 Mosteller became the Harry R. Chadwick, Sr. Professor of Law. He became a board member of the Center for Death Penalty Litigation in 2003.
Mosteller completed a BA at UNC-Chapel Hill in 1970. In 1975 he completed both a JD at Yale and a Masters in Public Policy at Harvard. Before joining the D.C. Public Defender Service he clerked for Judge J. Braxton Carven, Jr of the United States Court of Appeals for the 4th Circuit. In 2009 he joined the faculty at the UNC-Chapel Hill School of Law.
Sources:
Duke University, School of Law, Bulletin of Duke University School of Law [serial]
2014-2015 AALS Directory of Law Teachers 888
- Criminal Law
- Evidence
- Civil and Criminal Trial Practice
- Clinical Seminar in Criminal Litigation
- Criminal Trial Practice
- Criminal Litigation (Clinical Course)
- Criminal Trial Practice (Clinical Course)
- Criminal Procedure: Police
- Advanced Evidence Topics Related to the Presentation of Testimony by Children (Seminar)
- Death Penalty Clinic (Clinical Course)
- Advance Evidence: Children as Victims and Witnesses in Trial Process (Seminar)
Books
- Evidence: Cases and Materials (7th ed. ) (with others)
- McCormick on Evidence (6th ed. ) (Practice Ed.) (with others)
- McCormick on Evidence (6th ed. ) (Hornbook) (with others)
- North Carolina Evidentiary Foundations & 2002, 2004, 2008 Supplements (2d ed. ) (with others)
- Evidence: Cases and Materials (5th ed. ) (5th ed. 1995,, 6th ed. 2002) (with others)
- Mandatory Justice: Eighteen Reforms to the Death Penalty () (Death Penalty Initiative of the Constitution Project) (Co-reporter)
- Problems in Evidence (3d ed. ) (3d ed. 1988, 4th ed. 2001) (with others)
- McCormick on Evidence & 2003 Supplement (4th ed. ) (4th ed. 1992, 5th ed. 1999) (with others) (with others)
- North Carolina Evidentiary Foundations () (with others)
Articles & Essays
- Evidence (United States), in The Oxford International Encyclopedia of Legal History ()
- The Special Threat of Informants to the Innocent Who are Not Innocents: Producing 'First Drafts,' Recording Incentives, and Taking a Fresh Look at the Evidence, 6 Ohio State Journal of Criminal Law 519 ()
- Exculpatory Evidence, Ethics, and the Road to the Disbarment of Mike Nifong: The Critical Importance of Full Open-File Discovery, 15 George Mason Law Review 257-318 ()
- The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to, 76 Fordham Law Review 1337-1412 ()
- Confrontation as Constitutional Criminal Procedure: 'Crawford's' Birth Did Not Require that 'Roberts' Had to Die, 15 Journal of Law & Policy 685-723 ()
- Finding the Golden Mean with Daubert: An Elusive, Perhaps an Impossible, Goal, 52 Villlanova Law Review 723-762 ()
- Police Deception Before Miranda Warnings: The Case for Per Se Exclusion of an Entirely Unjustified Practice at a Particularly Sensitive Moment, 39 Texas Tech Law Review 1239-1273 ()
- Softening the Formality and Formalism of the 'Testimonial' Statement Concept, 19 Regent University Law Review 429-458 ()
- Testing the Testimonial Concept and Exceptions to Confrontation:, 82 Indiana Law Journal 917-997 ()
- Davis v. Washington and Hammon v. Indiana:Beating Expectations, 105 Michigan Law Review First Impressions 6 ()
- Evidence History, the New Trace Evidence and Rumblings in the Future of Proof, 3 Ohio State Journal of Criminal Law 523-541 ()
- Victims' Rights, in Encyclopedia of American Civil Liberties 1710-1712 (Paul Finkelman ed., )
- "Testimonial" and the Formalistic Definition - the Case for an "Accusatorial" Fix, 20 Criminal Justice 14-22 () (Summer 2005)
- Crawford v. Washington: Encouraging and Ensuring the Confrontation of Witnesses, 39 University of Richmond Law Review 511-626 ()
- Crawford's Impact on Hearsay Statements in Domestic Violence and Child Sexual Abuse Cases, 71 Brooklyn Law Review 411-427 ()
- The Confrontation Clause Radically Redefined by Crawford v. Washington, 9 North Carolina State Bar Journal 6-10 (Winter )
- Admissibility of Fruits of Breached Evidentiary Privileges: The Importance of Adversarial Fairness, Party Culpability, and Fear of Immunity, 81 Washington University Law Quarterly ()
- New Dimensions in Sentencing Reform in the Twenty-First Centry, 81 Oregon Law Review 1-32 ()
- Victim Impact Evidence: Hard to Find the Real Rules, 88 Cornell Law Review 543 ()
- Foreword: Children as Victims and Witnesses in the Criminal Trial Process, 65 Law and Contemporary Problems 1 (Winter )
- The Maturation and Disintegration of the Hearsay Exception for Statements for Medical Examination in Child Sexual Abuse Cases, 65 Law and Contemporary Problems 47 (Winter )
- Cowboy Prosecutors and Subpoenas for Incrminating Evidence: The Consequence and Correction of Excess, 58 Washington and Lee Law Review 487 ()
- The U.S. Perspective on the Judicial Role in Sentencing: A Story of Small Victories and a Call for Partial Solutions in a Difficult Environment, in Proceedings of Belfast Conference on the Judicial Role in Criminal Processes (J. Jackson & S. Doran eds.,, )
- With Disdain for the Constitutional Craft: The Proposed Victims' Rights Amendment, 78 North Carolina Law Review 371 () (with H. Jefferson Powell)
- The Unnecessary Victims' Rights Amendment, 1999 Utah Law Review 371 ()
- Victims' Rights and the Constitution: Moving from Guaranteeing Participatory Rights to Benefiting the Prosecution, 29 St. Mary's Law Journal 1053 ()
- Moderating Investigative Lies by Disclosure and Documentation, 76 Oregon Law Review 833 ()
- The Uses and Abuses of Syndrome and Group Character Evidence in American Criminal Trials, in Proceedings of the First World Conference on New Trends in Criminal Investigations and Evidence (J.F. Nijboer & Reijintes eds.,, )
- Victims' Rights and the United States Constitution: An Effort to Recast the Battle in Criminal Litigation, 85 Georgetown Law Journal 1691 ()
- Syndromes and Politics in Criminal Trials and Evidence Law, 46 Duke Law Journal 461 ()
- Discussion: Interpretation of Federal Rule 801, 16 Mississippi College Law Review 21 ()
- Popular Justice, 109 Harvard Law Review 487 () (reviewing George P. Fletcher, With Justice for Some: Victims' Rights in Criminal Trials (1995))
- Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions, 1993 University of Illinois Law Review 691 ()
- The Effect of Victim-Impact Evidence on the Defense, Criminal Justice 24 ()
- Child Abuse Reporting Laws and Attorney-Client Confidences: The Reality and the Specter of Lawyer as Informant, 42 Duke Law Journal 203 ()
- Double Jeopardy, in Encyclopedia of the American Constitution (Leonard W. Levy et al. eds., ) Supp. I
- Speedy Trial, in Encyclopedia of the American Constitution (Leonard W. Levy et al. eds., ) Supp. I
- Child Sexual Abuse and Statements for the Purpose of Medical Diagnosis or Treatment, 67 North Carolina Law Review 257 ()
- Legal Doctrines Governing the Admissibility of Expert Testimony Concerning Social Framework Evidence, Law and Contemporary Problems 85 ()
- Simplifying Subpoena Law: Taking the Fifth Amendment Seriously, 73 Virginia Law Review 1 ()
- Discovery Against the Defense: Tilting the Adversarial Balance, 74 California Law Review 1567 ()