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ROBERT P. BURNS

2021

Articles

Contributions to Books

  • Charles Taylor’s Pluralist Modernity, in Arts of Discovery: Essays in Memory of David Smigelskis, edited by Eugene Garver & Wendy Olmsted (2021).

2020

Books

Articles

Contributions to Books

  • Social Science and the Ways of the Trial Court: Possibilities of Translation, in Translating The Social World for Law, edited by Elizabeth Mertz et al. (paperback ed. 2020) at 197.

Working Papers

2019

Articles

Working Papers

2018

Contributions to Books

2017

Books

Articles

Contributions to Books

2016

Books

  • Cranbrooke V. Intellex: INTERNATIONAL ARBITRATION VERSION, 3rd ed. (National Institute for Trial Advocacy 2016) (Co-authored by: Steven Lubet, John T. Baker, Terre Rushton, and Jim H. Seckinger).

Articles

  • Popular Sovereignty and the Jury Trial, 6 Oñati Socio-legal Series no. 2 (forthcoming 2016).

Contributions to Books

  • Social Science and the Ways of the Trial Court, in Translating The Social World For Law: Linguistic Tools for a New Legal Realism (Oxford University Press 2016).

2015

Articles

  • Some Limitations of Experimental Psychologists' Criticisms of the American Trial, 90 Chicago-kent Law Review 890 (2015).
  • CRANBROOKE V. INTELLEX: CASE FILE (2015) (Co-authored by: Steven Lubet, John T. Baker, Terre Rushton, & James H. Seckinger).

Working Papers

2014

Books

  • Kafka's Law: The Trial and American Criminal Justice (University of Chicago Press 2014).

Articles

  • The Jury as a Political Institution: An Internal Perspective, 55 William & Mary Law Review 739 (2014).

2013

Articles

  • Advocacy in the Era of the Vanishing Trial, 61 University of Kansas Law Review 893-904 (2013).

Working Papers

2012

Articles

  • What Will We Lose if the Trial Vanishes?, 61 Defense Law Journal 1-23 (2012).
  • The Dignity, Rights, and Responsibilities of the Jury: On the Structure of Normative Argument, 43 Arizona State Law Journal 1147-1158 (2011).

Working Papers

2011

Books

  • The Death of the American Trial (University of Chicago Press 2011) [paperback].

Articles

  • What Will We Lose If the Trial Vanishes?, 37 Ohio Northern University Law Review 575-595 (2011).
  • The Importance of Preserving and Revitalizing the Jury Trial, 18 Voir Dire No. 2 (2011).
  • Narrative and Drama in the American Trial, 8 Postmodern Openings 131 (2011).

Working Papers

2010

Books

  • Problems and Materials in Evidence and Trial Advocacy, 5th edition (NITA/LexisNexis 2010) (Co-authored by: Steven Lubet ).
  • Evidence In Context, 4th edition (NITA/LexisNexis 2010) (Co-authored by: Steven Lubet ).

Articles

  • Why America Still Needs the Jury Trial: A Friendly Response to Professor Dzur, 4 Criminal Law and Philosophy (2010).

2009

Books

  • Cranbrooke V. Intellex, 2nd edition (National Institute for Trial Advocacy 2009) (Co-authored by: Steven Lubet et al.).
  • Cranbrooke V. Intellex: Problems and Case File, 2nd edition (National Institute for Trial Advocacy 2009) (Co-authored by: Steven Lubet).
  • The Death of the American Trial (University of Chicago Press 2009).

Articles

  • A Critical Appreciation of the American Trial in (Current) Decline, 49 Studies In Law, Politics, And Society 3-23 (2009).
  • Best Practices: Cross-Examination, Moving Up to the Next Level , Nita Notes (February 2009).
  • Analyzing the Trial, Interdisciplinary Methods: Why a Philosopher in the United States Might Study the Trial , 31 Political and Legal Anthropology Review 303 (2008).

Contributions to Books

  • The Tasks of a Philosophy of Law in On Philosophy , in American Law, edited by Francis J. Mootz (Cambridge University Press 2009).

2008

Articles

  • A Short Meditation on Some Remaining Issues in Evidence Law, 38 Seton Hall Law Review 1435-1441 (2008).
  • On the Foundations and Nature of Morality , 31 Harvard Journal of Law And Public Policy 7-21 (2008).

Contributions to Books

  • The Lawfulness of the American Trial, in Trials: The International Library of Essays In Law And Society, edited by Martha M. Umphrey (Ashgate 2008) reprinted from the AMERICAN CRIMINAL LAW REVIEW.
  • Some Philosophical Resources for the Study of Truth Practices in the American Trial, in The Role of Social Science In Law, edited by Elizabeth Mertz (Ashgate 2008) reprinted from The Political and Legal Anthropology Review.

2007

Articles

  • A Jury Between Fact and Norm , 82 Chicago-kent Law Review 643 (2007).
  • The Practice of Law in the Peaceable Kingdom , 41 Georgia Law Review 761-795 (2007).
  • The Rule of Law in the Trial Court , 56 Depaul Law Review 307 (2007).

Contributions to Books

  • Civil Trials , in Encyclopedia of Law And Society: American And Global Perspectives, edited by David S. Clark (Sage Publications 2007).

2006

Articles

  • Teaching Evidence Law in the Context of Trial Practices, 50 St. Louis University Law Journal 1155 (2006).
  • Fallacies on Fallacies: A Response, 3 International Commentary On Evidence no. 1 (2005).
  • A Wistful Retrospective on Wigmore and His Prescriptions for Illinois Evidence Law, 100 Northwestern University Law Review 131-150 (2006).

Contributions to Books

  • How Law Knows in the American Trial Court , in How Law Knows, edited by Austin Sarat et al. (Stanford University Press 2006).

2005

Contributions to Books

  • The Distinctiveness of Trial Narrative , in The Truth on Trial: Truth and Due Process, edited by Antony Duff et al. (Hart Publishing 2005).

2004

Books

  • Problems and Materials in Evidence and Trial Advocacy, 4th edition (NITA 2004) (Co-authored by: Steven Lubet).
  • Evidence in Context: A Trial Evidence Workbook, 3rd edition (NITA 2004) (Co-authored by: Steven Lubet, and James Seckinger).
  • Evidence In Context: Teacher's Manual, 3rd edition (NITA 2004) (Co-authored by: Steven Lubet, and James Seckinger).

Articles

  • Some Philosophical Resources for an Account of Truth Practices in the American Trial, 26 Polar: Political And Legal Anthropology Review 109-135 (2003).
  • Division of Authority Between Attorney and Client: The Case of the Benevolent Otolaryngologist, 2003 University of Illinois Law Review 1275-1297 (Co-authored by: Steven Lubet).

Contributions to Books

  • The Law of Evidence as the Grammar Rules of Trial Discourse, in Teaching the Law School Curriculum, edited by Steven Freedland and Gerald F. Hess (Carolina Academic Press 2004).
  • Using Dramatization and Simulation in Professional Responsibility Teaching, in Teaching the Law School Curriculum, edited by Steven Freedland and Gerald F. Hess (Carolina Academic Press 2004).
  • Rhetoric and the Law, in A Companion to Rhetoric and Rhetorical Criticism, edited by Walter Jost (Blackwell Publishers 2004) at 442-456.

2003

Articles

  • A Conservative Perspective on the Future of the American Jury Trial, 78 Chicago-kent Law Review 1319-1357 (2003).
  • Symposium on Robert Burn's A Theory of the Trial: A Response to Four Readings of A Theory of the Trial, 28 Law And Social Inquiry 553-567 (2003).
  • Professional Responsibility in the Trial Court, 44 South Texas Law Review 81-110 (2002).

2001

Books

  • A Theory of the Trial has been published in both paperback and E-book editions (Princeton University Press 1999) .
  • Problems and Materials in Evidence and Trial Advocacy, 3rd ed. (NITA 2001) at Volume 1 and 2 and Teacher's Manual (Co-authored by: Steven Lubet and James Seckinger) .
  • Evidence In Context, 2nd ed. (NITA 2001) (Co-authored by: Steven Lubet and James Seckinger) .
  • Exercises and Problems in Professional Responsibility, 2nd ed. (NITA 2001) (Co-authored by: Steven Lubet and Thomas Geraghty) .

Articles

  • Some Ethical Issues Surrounding Mediation, 70 Fordham Law Review 691-717 (2001).
  • Notes on the Future of Evidence Law, 74 Temple Law Review 69-89 (2001) .
  • The Lawfulness of the American Trial , 38 American Criminal Law Review 205-239 (2001) .

2000

Articles

  • The Practices of the American Trial, 4 Budhi: A Journal of Ideas And Culture 97 (2000) .
  • Charles Taylor, A Catholic Modernity?, 127 Commonweal 20-27 (2000) .
  • From Expectation to Experience: Essays on Law and Legal Education--James Boyd White, 50 Journal of Legal Education 147-155 (2000) .

Contributions to Books

  • Professional Responsibility in Trial Practice: Problems and Materials and Teacher's Notes, in Litigation Ethics, edited by John Q. Barrett and Bruce A. Green (American Bar Association 2000) (Co-authored by: Donald B. Hilliker).

1999

Books

  • A Theory of the Trial (Princeton University Press 1999).