Curriculum Vitae

• Born: Fort Lauderdale, Florida, 1947

• Married: Nancy Patrick, two children

• Interests: Aikido, mountaineering, skiing, canyoneering 

Law School

• Yale Law School, J.D., 1972
  Honors: Note and Comment Editor, Yale Law Journal 

Graduate School

• Harvard University, M.A., Astronomy, 1969
  Honors: Agassiz Research Fellow

College

• MIT, B.S., Physics, 1968
  Honors: Sigma Xi, Stratton Award

Postgraduate

• Seminar on Probability and Evidence, Oxford University, Summer 1988 

• Law and Economics Center, Economic Analysis for Law Professors, Dartmouth College, Summer 1980 

• NEH Summer Workshop on Legal Philosophy, Harvard University, 1979 

• ASU courses in applied statistics, biology, organic chemistry, and Mandarin 

ACADEMIC POSITIONS

Full time

• Since 2009: Distinguished Professor and Weiss Family Scholar, Penn State Law (Emeritus as of 2019)

• 1990-2009: Regents' Professor, Arizona State University (Emeritus as of 2009)

• 2007-2009: Professor, ASU School of Life Sciences

• 1998-1999: Acting Director, ASU Center for the Study of Law, Science and Technology 

• 1979-2007: Professor, ASU College of Law (Associate Professor, 1976-1979)

• 1985-1988: Director, ASU Center for the Study of Law, Science and Technology 

Visiting and part-time

• Professor, Yale Law School, Spring 2022

• Freeman Foundation Professor of Law, Hopkins-Nanjing Center for Chinese and American Studies, 2007-2008

• Professor, Sichuan University, Spring 2004

• Fulbright Professor, Wuhan University, Fall 2003 

• Professor, University of Utah College of Law Spring 1993

• Professor, Cornell Law School, Fall 1990

• Research Fellow, University of Chicago Law School, 1989-1990 

• Mason Ladd Distinguished Visiting Professor, University of Iowa, Spring 1989

• Professor, School of Law, Duke University, Fall 1988

• Fellow, University College, Oxford University, Summer 1988

• Professor, School of Law, University of Virginia, Fall 1982

• Fellow, Faculty of Law, University of Southampton, Winter 1980

• Adjunct Professor, Lewis and Clark Northwestern School of Law, 1975-1976

OTHER POSITIONS

• 1975-1976: Associate in private law firm (now Stoel Rives LLP), Portland, Oregon

• 1973-1975: Assistant Special Prosecutor, Watergate Special Prosecution Force

• 1972-1973: Law Clerk to Judge Alfred T. Goodwin, U.S. Court of Appeals for the Ninth Circuit 

Too many to list here, but a list is available.

ACADEMIC HONORS AND APPOINTMENTS

• John Henry Wigmore Award for Lifetime Achievement, Association of American Law Schools Section on Evidence Law, 2020

• ASU Regents' Professorship, 1990-2009 (Emeritus since 2009)

• ASU Alumni Association Faculty Achievement Award, 1999

• ASU College of Law Alumni Association Outstanding Faculty Member Award, 1999

• PSU Distinguished Professorship, 2009-2019 (Emeritus since 2019, appointed to PSU Emeritus Academy, 2023)

• Stanford University Center for Advanced Study in the Behavioral Sciences, invited 1995

• Mason Ladd Distinguished Visiting Professor, University of Iowa, 1989

• Deinard Memorial Lecturer on Law and Medicine, University of Minnesota, 2006

FULBRIGHT AWARDS AND NOMINATIONS

• Fulbright Professor, 2003 (People's Republic of China)

• Fulbright Award nominee, 1981 (Nepal), 1984 (New Zealand), 2001(Nepal)

• Fulbright Senior Specialists Roster, 2002-2007 

PROFESSIONAL SERVICE

• Organization of Scientific Area Committees for Forensic Science Distinguished Service Award, 2017

GRANTS

• American Bar Foundation, Affiliated Scholar, 1981-1982 (for research on probability theory and the burden of persuasion)

• ASU Research Fund Grant, 1981, 1987; Research Incentive Award, 1987; Faculty Grant-in-Aid, 1981, 1979, 1977

• U.S. Department of Commerce, NIST, Office of Law Enforcement Standards, Award 70NANB12H014, 2013-2016 (co-PI for an expert working group on Communicating the Results of Forensic Science Examinations)

• U.S. Department of Energy, Human Genome Project, 2004-2005 (PI for research on Bioethical Biobanks: Three Concerns in Designing and Using Law Enforcement DNA Identification Databases)

ORGANIZATIONS AND ADVISORY COMMITTEES

• American Association for the Advancement of Science, 1985-2000, 2018-2019

• American Bar Association, Section on Science and Technology, 1984-present

• American Statistical Association (ASA), 1983-1998, 2018-present

• ASA Committee on Statistical Training in Selected Professions, 1981-1983

• ASA Committee on Law and Justice Statistics, 1987-93

• Bar of the U.S. Court of Appeals for the District of Columbia, Admitted 1973

• Bar of the U.S. District Court for the District of Oregon, Admitted 1975

• Oregon State Bar, Admitted 1973

• Department of Justice, Forensic Science Discipline Review of Testimony Statistician Roundtable Meeting, Washington DC, July 21-22, 2016

• International Conference on Forensic Inference and Statistics Program Committee, 2019-20, 2016-17, 2013-14, 2010-11, 2004-2005 (chair), 2001-2002, 1998-1999, 1995-1996, 1992-1993 (chair)

• Institute of Evidence Law and Forensic Science Board of Foreign Experts, China University of Politics and Law, Beijing, 2006-2011

• International Seminar on Evidence in Litigation, Jacob Burns Institute for Advanced Legal Studies, Cardozo School of Law, Yeshiva University, Advisory Board, 1987-1995

• Law School Admissions Council (LSAC) Test Development and Research Committee, 1977-1985, 1993-1995; LSAC Test Audit Subcommittee, 1988-95 (Chair, 1993-1995); LSAC Grants Subcommittee, 2000-2003

• National Clearinghouse for Science, Technology and the Law, National Conference on Science, Technology and the Law, Advisory Committee, 2005

• National Commission on Forensic Science, Subcommittee on Testimony and Reporting, 2014-2017

• National Commission on the Future of DNA Evidence, Working Group on Legal Issues (Reporter), 1998-2001

• National Institutes of Health, grant reviewer (2007)

• National Institute of Standards and Technology (NIST) Expert Working Group on Human Factors in Forensic DNA Interpretation, 2020-2024

• NIST Expert Working Group on Human Factors in Handwriting Analysis, 2015-2016

• NIST Expert Working Group on Human Factors in Latent Fingerprint Analysis (Chairman, Editorial Committee) 2009-2011

• NIST Organization of Scientific Area Committees for Forensic Science, Forensic Science Standards Board, 2019-2024 (vice chair 2021-2022, executive secretary 2020-2021; Legal Resource Committee, 2014–2017; Legal Task Group, 2019-2021 (chair); Statistics Task Group, 2014-present

• National Research Council (NRC) Planning Group on DNA Forensic Science Update, 1993

• NRC Committee on DNA Forensic Science: An Update, 1994-1996

EDITORIAL BOARDS

• Expert Evidence: The International Digest of Human Behavior Science and Law, 1992-1994 

• Journal of Legal Education, 1985-1988 

• Jurimetrics: The Journal of Law, Science and Technology, 1985-1990 (Editor, 2005-2006, 1998-2003, 1993-1997 & 1984-85) 

• Law and Human Behavior, 1986-1988 

• Referee for foundations, journals and publishers, including: American Bar Foundation; American Statistician; Cambridge University Press; Federal Judicial Center; Forensic Chemistry; Forensic Science International; Fulbright Program; Genetica; Hong Kong Research Grants Council; International Society for Applied Biological Sciences; Interstat; John Wiley & Sons; Journal of Empirical Legal Studies; Journal of the History of Biology; Journal of Law, Medicine, and Ethics; Journal of Legal Education; Journal of Legal Studies; Journal of Policy Analysis and Management; Judicature; Jurimetrics: The Journal of Law, Science, and Technology; Law and Human Behavior; Law and Policy; Law and Social Inquiry; Law and Society Review; Harvard University Press; Leverhulme Trust; Little, Brown and Company; National Institutes of Health; National Institute of Justice; National Science Foundation; Oxford University Press; Prentice Hall; Psychology, Public Policy and Law; Science; Smith Richardson Foundation; Springer-Verlag, Inc.; Water Resources Review; Westview Press; and World Book Encyclopedia

INTERVIEWS WITH JOURNALISTS

Radio and Television 

• Justice Talking, NPR; Midmorning, Minnesota Public Radio (DNA and the Courts); News & Features, Minnesota Public Radio; On Point, WBUR; News, WBUR; Horizon, KAET; PBS News; CBS news; Al Jazeera America

Newspapers

• Chicago Tribune, Los Angeles Times, New York Times, San Francisco Chronicle, USA Today, Wall Street Journal, Washington Post

News Magazines

• Congressional Quarterly, National Law Journal, Newsweek, US News & World Report

Science Magazines

• Discovery, Science, Nature, New Scientist, Technology Review, Wired

UNIVERSITY AND COLLEGE

PSU

• Graduate Faculty, Program on Forensic Science

• University Research Council

• Associate Dean for Research, School of Law

• Law School Committees: Curriculum (chair); Faculty Appointments; Faculty Tenure and Promotion; Graduate and International Programs; Honor Code Hearing Board (chair); Law and Medicine Professor Search Committee (chair); Scholarship, Teaching, and Academic Enrichment (chair); Strategic Planning; Transition 

ASU

• Academic Computing Subcommittee, Information and Computing Services Advisory Committee, 1985-1988

• Alumni Awards Selection Committee, 2000-2001

• Committee for Faculty Improvement, 1977-1978

• Council for Research and Creative Activities, 1980-1983, 1990-1993, 2005

• Faculty Senator, 1978-1981

• Intellectual Property Committee, 1991-1993

• Program for Faculty Development, Advisory Panel on Microcomputers, 1984-1987, Subcommittee on Awards, 1984-1987 (chair, 1986-1987)

• Regents' Professor Selection Committee, 1991-1993, 2000-2002 (chair, 1992-1993, 2000-2002)

• Committee on Academic Freedom and Tenure, 1996-1999 (elected)

• University Promotion and Tenure Committee, 1980, 2006 (chair)

• University Services Committee, 1978-1980

• University Trial Board (chair), 1978-1979

• College of Law Committees: Ad Hoc (Election Procedures, Law Journals, and Growth); Admissions (chair); Advisory Personnel (chair); Appointments; Computer Advisory (chair); Curriculum (chair) Dean's Advisory Council (elected); Chairs and Professorships 

Litigation

• United States v. Bowers, Crim. No. 18-292 (W.D. Pa. 2023) - reviewed DNA reports for defense counsel in the capital case against the Pittsburgh Tree of Life Synagogue shooter

• Wikimedia Foundation v. National Security Agency, 14 F.4th 276 (2021) - principal author of Brief of Amici Curiae Evidence Law Professors in Support of Plaintiff-appellant and Supporting Reversal

• United States v. Cazarez (S.D. Cal. 2019) - advised defense counsel on a motion to compel discovery on selective prosecution and enforcement

• Commonwealth v. Newman (Penn. Ct. Common Pleas. 2018) - advised defense counsel of limitations of the DNA report in a sexual assault case

• Commonwealth v. McNair (Suffolk Super. Ct. Mass. 2016-2017) - worked with geneticists and other experts retained by appointed counsel for defendant opposing the admission of a test attempting to distinguish the DNA of identical twins

• Moran v. Moran, No. FC2009-005525 (Maricopa Cnty. Super. Court, Ariz. 2015) - analyzed the methodology of an accounting firm’s allocation of household expenditures toward the support of a child

• Maryland v. King, 569 U.S. 435 (2013) - principal author of the Brief of Genetics, Genomics, and Forensic Science Researchers as Amici Curiae in Support of Neither Party

• TIME Initiative I-24-2008 v. Weiers (Maricopa Cnty. Super. Ct. Ariz. 2008) - submitted an expert declaration for plaintiff challenging the legislature's booklet for voters describing a measure on a ballot initiative to fund mass transit projects in Arizona

• United States v. Jenkins, 887 A.2d 1013 (D.C. 2005) - submitted an affidavit to the trial court at the request of the Washington, D.C., public defender's office on the 1996 NRC report's recommendations regarding cold hits in a DNA database

• Conwood Co. v. United States Tobacco Co., 290 F.3d 768 (6th Cir. 2002) - contributed to the brief and oral argument for defendant in the U.S. Court of Appeals for the Sixth Circuit, and to the petition for a writ of certiorari from the Supreme Court, in this noted antitrust case (2000-2003) 

• State v. Osborne (Alaska 2001) - advised appellate counsel in the state post-conviction phase of the case that the U.S. Supreme Court considered in a later Section 1983 action in District Attorney's Office for the Third Judicial District v. Osborne (2009) 

• State v. Harvey - prepared two expert reports for the Office of the Public Advocacy, State of Alaska, concerning DNA parentage tests performed for the state and admitted in evidence in a trial for child sexual abuse (1999-2000) 

• India v. Pemananda - consulted for the Hon. Ram Jethmalani on the admissibility of DNA testing performed for the Indian government in its investigation and prosecution of Swami Premananda (1996) 

• EEOC v. State of Arizona, Civ. No. 91-03268 PHX RCB (D. Ariz. 1993) - prepared a report and gave deposition testimony for the state on wages and related losses to a class of older workers barred from employment by a requirement of a recent college degree in alleged violation of the Age Discrimination in Employment Act 

• Sitgraves v. Allied-Signal, Inc., Civ. No. 88-0289-PHX-PGR (D. Ariz. 1990) - advised plaintiff's counsel on statistics in employment discrimination action 

• O'Bell v. University of Texas at Austin, Civ. No. A-87-CA-015 (W.D. Tex. 1987) - prepared a report and testified for plaintiff on disparities in in the promotion of male and female liberal arts faculty 

• Atteberry v. Meyer, No. DR 180651 (Maricopa Cnty. Super. Ct. 1984) - consulted for defense counsel in paternity action 

• Harris Corp. v. Industrial Risk Insurers (Dade Cnty. Fla. 1987) - wrote computer program for plaintiff to estimate production losses in the fabrication of semiconductors caused by a fire 

• Pro bono consultations with counsel in many cases, including:
  • People v. Collins, Indict. No. 7689-10 (N.Y. Kings County S. Ct., Nov. 7, 2014) — conferred with New York Legal Aid Society in a successful challenge at the trial court level to the admissibility of low-template DNA testing
  • Maryland v. King, 569 U.S. 435 (2013) — conferred with appellate counsel for respondent King in this Fourth Amendment challenge to DNA sampling after an arrest
  • State v. Osborne — conferred with appellate counsel in a case involving post-conviction DNA testing in Alaska (2001); the Supreme Court rejected the prisoner’s claim of a due process right to such testing in District Attorney's Office for the Third Judicial District v. Osborne, 557 U.S. 52 (2009)

Legislation

• Statement on Senate Bill 775 submitted to the Judiciary Committee of the General Assembly of the Commonwealth of Pennsylvania, Mar. 18, 2011

• Pennsylvania Senate Bill 775, introduced Mar. 15, 2011 - worked with the office of Senate Majority Leader Dominic Peleggi on the content and drafting of the bill

Other

• Texas Forensic Science Commission (2017-2018) - prepared readings and examination questions on statistics for licensing forensic-science practitioners)

• U.S. Department of Justice (2016) - served on panel of statisticians to advise the Office of Legal Counsel on conducting a study of testimony from forensic scientists in federal laboratories

• Cambridge University Press (2005, 2016), Harvard University Press (2003), Oxford University Press (1997), John Wiley & Sons (2011, 2015), Little, Brown and Company (1993), Prentice-Hall (1987), University of Chicago Press (2014), Westview Press (1998) - reviewed book manuscripts or proposals 

• Board of Foreign Advisors, Institute of Evidence Law and Forensic Sciences, China University of Politics and Law, Beijing (2006-2010)

• Institute of Medicine, National Research Council - Planning committee for conference on medical examiners and criminal justice (2003) 

• National Academy of Sciences, National Research Council - reviewed Scientific Approaches Used During the FBI's Investigation of the 2001 Bacillus anthracis Mailings (2011)

• National Institute of Justice, U.S. Department of Justice - prepared reports for the National Commission on the Future of DNA Evidence (2000-2001); presenter and commentator, DNA Evidence and Sexual Assault workshop (2002) 

• The World Book Encyclopedia - reviewed entry on forensic DNA testing (1995)

• Federal Judicial Center - reviewed chapters on the forensic use of DNA profiling and multiple regression analysis in legal proceedings, for the FJC's Reference Manual on Scientific Evidence (1993) 

• Arizona State University - prepared an analysis of the university's power under Arizona Board of Regents' Patent Policy to give patent rights to firms entering into research contracts (1992) 

• Law School Admissions Services, Inc. - prepared an analysis for management of methodology of staff reports on the Law School Admissions Test (1988) 

• Arizona State University - reviewed university's study of inequities in salaries of female faculty (1986) 

• Salt River Project, Phoenix, Arizona - prepared report on the usefulness and legality of polygraphy of employees (1986)