Robert P. Mosteller

Print This Page (PDF) J. Dickson Phillips Distinguished Professor of Law


  • M.A., Public Policy, Harvard University (1975)
  • J.D., Yale University (1975)
  • B.A., History, University of North Carolina at Chapel Hill (1970)

Professor Robert P. Mosteller served as the Harry R. Chadwick, Sr. Professor of Law at Duke University where he taught from 1982-2008. He served as a visiting professor at UNC for the 2008-09 academic year.

Professor Mosteller holds a B.A. in History from the University of North Carolina (1970) where he was president of Phi Beta Kappa, a Masters in Public Policy from Harvard (1975), and a J.D. degree from Yale (1975). After clerking on the United States Court of Appeals for the 4th Circuit with Judge J. Braxton Craven, Jr., he worked for seven years with the Washington, D.C. Public Defender Service where he was Director of Training and Chief of the Trial Division.

He is a co-author of the McCormick evidence treatise, North Carolina Evidence Foundations, and an evidence casebook and problem book. He has published many law review articles. He is interested in the death penalty, serving as a co-reporter for the Death Penalty Initiative of the Constitution Project and having served as President and a member of the Board of the North Carolina Center for Death Penalty Litigation. He teaches Evidence, Criminal Procedure Investigation and Constitutional Criminal Procedure.

Curriculum Vitae (PDF)

Selected Publications

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  • The Danger to Confidential Communications in the Mismatch between the Fourth Amendment's "Reasonable Expectation of Privacy" and the Confidentiality of Evidentiary Privileges, 32 CAMPBELL L. REV. 147 (2010). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress, Document Link]
  • Why Defense Attorneys Cannot, But Do, Care About Innocence, 50 SANTA CLARA L. REV. 1 (2010). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • Giles v. California: Avoiding Serious Damage to Crawford's Limited Revolution, 13 LEWIS & CLARK L. REV. 675 (2009). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • 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 ST. J. CRIM. L. 519 (2009). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • Exculpatory Evidence, Ethics, and the Road to the Disbarment of Mike Nifong: The Critical Importance of Full Open-File Discovery, 15 GEO. MASON L. REV. 257 (2008). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • Police Deception Before Miranda Warnings: The Case for Per Se Prohibition of an Entirely Unjustified Practice at the Most Critical Moment, 39 TEX. TECH. L. REV. 1239 (2007). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • Testing the Testimonial Concept and Exceptions to Confrontation: " A Little Child Shall Lead Them," 82 IND. L.J. 917 (2007). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to "Do Justice", 76 FORDHAM L. REV. 1337 (2007). [Westlaw, Lexis/Nexis, SSRN, Hein, BEPress]
  • MCCORMICK ON EVIDENCE (K. Broun et al.) (Practitioner Treatise Series) (6th ed., Thomson/West 2006). [KF8935 .M29 2006p ]
  • NORTH CAROLINA EVIDENTIARY FOUNDATIONS (with Imwinkelried, Beskind, Eagles & Ross) (2nd ed. LexisNexis, 2006) & (Supplement, 2008; Supplement, 2010).  [KFN7940 .M67 2006 ]
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