CONTACT DETAILS
James Kainen
Professor of Law
Brendan Moore Chair in Advocacy
PROFESSOR OF LAW & BRENDAN MOORE CHAIR IN ADVOCACY: Fordham University School of Law (1989 present) – Courses: Evidence; Property; Trial Advocacy; Advanced Trial Advocacy; Legal
Process; International Comparative Property Law (Fordham Summer Program in Dublin and Belfast), Jurisprudence; Jurisprudence and Political Theory, Topics in the History of American Legal Thought; Trusts; Land Use/Local Government; American Legal History, Programa CEU – Fordham University, Universidad CEU San Pablo, Madrid, Spain
ADJUNCT PROFESSOR OF LAW, New York Law School – Courses: Evidence; Land Use
ADJUNCT PROFESSOR OF LAW, Cardozo School of Law – Course: Property
ASSOCIATE PROFESSOR OF LAW, University of Miami School of Law (1987-89) – Courses: Property; Evidence; American Legal History; Trial Advocacy/Legal Ethics
ASSISTANT UNITED STATES ATTORNEY, Office of the United States Attorney for the Southern District of New York – Major Crimes Unit (1983-87) – Practice: Prosecuting Federal Criminal Cases from Investigation to Appeal
ASSOCIATE ATTORNEY (LITIGATION), Kreindler & Kreindler (1982-83) – Practice: Securities Class Actions and Other Commercial Frauds
ASSOCIATE ATTORNEY (LITIGATION), Bernstein Litowitz Berger & Grossmann (1983) – Practice: Securities Class Actions and Other Commercial Frauds
ASSISTANT PROFESSOR IN LAW AND LIBERAL EDUCATION, Brown University (1979-82) – Courses: American Legal History; Jurisprudence and Political Theory; The Law and Economics Movement; The Rule of Law; Junior Honors Seminar in Law and Society
LAW CLERK, Honorable Robert L. Carter, United States District Judge, United States District Court for the Southern District of New York (1978-79)
Career
EDUCATION
- AB Brown University 1975 (magna cum laude, Phi Beta Kappa)
- JD Harvard Law School 1978 (cum laude)
Publications
- “Other Crimes, Wrongs or Acts: A Deep Dive into FRE 404(b) in Civil and Criminal Cases (With reference to FRE 412-15),” Practicing Law Institute (2023) (Course Materials and Essay)
- “Expert Testimony: A Deep Dive into Federal Rule of Evidence 702,” Practicing Law Institute (2022) (Court Materials and Essay)
- “FRE 807– An Exception that Swallows the Hearsay Rule?,” Practicing Law Institute (2021) (Court Materials and Essay)
- “Shields, Swords, and Fulfilling the Exclusionary Rule’s Deterrent Function,” 50 American Criminal Law Review 59 (2013)
- “The Case for a Constitutional Definition of Hearsay: Requiring Confrontation of Testimonial Nonassertive Conduct and Statements Admitted to Explain an Unchallenged Investigation,” 93 Marquette Law Review 1415 (2010), with Carrie A. Tendler
- “Home Building and Loan v. Blaisdell, 290 U.S. 398 (1934).” ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES. Ed. David S. Tanenhaus. Vol. 2. Detroit: Macmillan Reference USA, 419-421
- “Truth, Deterrence, and the Impeachment Exception,” 86 Oregon Law Review 1017 (2007)
“How To Be a Good Property Law Teacher: Some Suggestions,” in TEACHING THE LAW SCHOOL
CURRICULUM (Carolina Academic Press, 2004) (Steven Friedland, Gerald F. Hess, eds.) - Review of Anthony G. Amsterdam and Jerome Bruner, MINDING THE LAW, American Journal of
Legal History 44 American Journal of Legal History 498 (2000)
Review of Gregory S. Alexander, COMMODITY AND PROPRIETY: COMPETING VISIONS OF PROPERTY IN
AMERICAN LEGAL THOUGHT, 1776-1970, 44 American Journal of Legal History 109 (2000) - Review of Charles F. Hobson, ed., THE PAPERS OF JOHN MARSHALL, vol viii: CORRESPONDENCE, PAPERS,
AND SELECTED JUDICIAL OPINIONS, MARCH 1814-DECEMBER 1819, 42 American Journal of Legal
History 196 (1998) - “Character Evidence,” 11 Touro Law Review 11 (1994)
- “The Historical Framework for Reviving Constitutional Protection for Property and Contract Rights,” 79 Cornell Law Review 87 (1993)
- “The Impeachment Exception to the Exclusionary Rules: Principles, Policies and Politics,” 20 Search and Seizure Law Report 137 (1993)
- “The Impeachment Exception to the Exclusionary Rules: Policies, Principles and Politics,” 44 Stanford Law Review 1301 (1992), reprinted in 6 Criminal Practice Law Review 423 (1994)
- “The Rationalist Tradition At Trial,” 60 Fordham Law Review 1085 (1992) (Review of ANALYSIS OF EVIDENCE, by Terence Anderson and William Twining)
- “Nineteenth Century Interpretations of the Federal Contract Clause: The Transformation From Vested To Substantive Rights Against the State,” 31 Buffalo Law Review 381 (1982)