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Publications

SELECTED WORKS BY TOM LININGER

(Last updated in October 2023)

I.   WIGMORE TREATISE

THE NEW WIGMORE:  VOLUME ON IMPEACHMENT AND REHABILITATION (with Roger Park) -- published by Aspen/Wolters in 2012; supplements published every year since 2013

  •   “[T]he principal modern treatise on evidence . . .”

           -- U.S. Supreme Court Justice Elena Kagan

  •   “Wigmore’s treatise was the dominant work of evidence scholarship in the 20th century.  The new volume by Park and Lininger concerns the impeachment and rehabilitation of witnesses, one of the central, and most perplexing, areas of evidentiary law.  The volume will certainly be widely used, as other volumes have been, by judges, practitioners, and academics . . . . Lininger is one of the outstanding scholars of evidence of the younger generation.”

          -- Richard Friedman, University of Michigan Law School         

  •  “The New Wigmore is a justly prestigious series, and I am sure that the volume by Park and Lininger will be influential and highly valuable -- particularly given the exceptional Expertise and strong professional reputation that each author brings to this project.  This will be a significant contribution to evidence law scholarship, and the bench, bar, and academy owe the authors a debt of gratitude.”

          -- David Sklansky, Stanford Law School

II.  EXAMPLES OF SCHOLARSHIP IN LAW REVIEWS   

Empowering Rural Landowners to Reduce Wildfire Risk, 58 GEORGIA LAW REVIEW ___ (2024)

Abortion, the Underground Railroad, and Evidentiary Privilege, 80 WASHINGTON AND LEE LAW REVIEW 663 (2023)

Judges’ Ethical Duties to Ensure Fair Treatment of Indigent Parties, 89 FORDHAM LAW REVIEW 1237 (2021) 

No Privilege to Pollute:  Expanding the Crime-Fraud Exception to the Attorney-Client Privilege, 105 MINNESOTA LAW REVIEW 113 (2020)

Green Ethics for Judges, 86 GEORGE WASHINGTON LAW REVIEW 711 (2018)

Green Ethics for Lawyers, 57 BOSTON COLLEGE LAW REVIEW 61 (2016)

Deregulating Public Interest Law, 88 TULANE LAW REVIEW 727 (2014)

Should Oregon Adopt the New Federal Rules of Evidence?, 89 OREGON LAW REVIEW 101 (2011)

The Sound of Silence:  Holding Batterers Accountable for Silencing Their Victims, 87 TEXAS LAW REVIEW 857 (2009)

Is It Wrong to Sue for Rape?, 57 DUKE LAW JOURNAL 1557 (2008)
    
The Promise and Limitations of Forensic Linguistics, 92 CORNELL LAW REVIEW 833 (2007)

From Park Place to Community Chest:  Rethinking Lawyers’ Monopoly, 101 NORTHWESTERN UNIVERSITY LAW REVIEW 1343 (2007)

On Dworkin and Borkin’, 105 MICHIGAN LAW REVIEW 1315 (2007)

Kids Say the Darndest Things:  The Prosecutorial Use of Hearsay Statements by Children, 82 INDIANA LAW JOURNAL 999 (2007)

Reconceptualizing Confrontation After Davis, 85 TEXAS LAW REVIEW 272 (2006)

Prosecuting Batterers After Crawford, 91 VIRGINIA LAW REVIEW 747 (2005)

Bearing the Cross, 74 FORDHAM LAW REVIEW 101 (2005)

Sects, Lies and Videotape:  The Surveillance and Infiltration of Religious Groups, 89 IOWA LAW REVIEW 1201 (2004)

A Better Way to Disarm Batterers, 54 HASTINGS LAW JOURNAL 525 (2003)