Aviva A. Orenstein

Aviva A. Orenstein

Professor of Law, Indiana University Maurer School of Law
Telephone: 
(812) 855-8736
Email: 
Office: 
Baier Hall 325, Indiana University – Bloomington, Maurer School of Law, U.S.
Curriculum Vitae (PDF) (179.04 KB)      
Education
A.B. - Cornell University, 1981
J.D. - Cornell Law School, 1986
Visiting Associate Professor - Cornell Law School, Ithaca, NY, Fall 1994
Visiting Professor of Law - Benjamin N. Cardozo School of Law, New York, NY, 2001-03; summers 2007, 2008, 2012
Visiting Professor - London Law Consortium, Fall 2006
Visiting Scholar - China University of Political Science and Law, June 2015

Professor Orenstein writes and teaches in the area of evidence. Her current scholarship examines special evidence rules that allow prosecutors to introduce evidence of a defendant's prior sexual offenses in rape and child molestation cases.Orenstein teaches Civil Procedure and Family Law and has in the recent past taught Legal Profession, and Children and the Law.

In 2000-2001, she directed the Child Advocacy Clinic, supervising law students who serve as guardian ad litem for children in contested-custody cases. She has served as a court-appointed special advocate for abused and neglected children and currently does pro bono work in the local family court. In 2004-05, she was a fellow at the Poynter Center for the Study of Ethics and American Institutions, where she now participates in a seminar on "The Ethics and Politics of Childhood."

Orenstein founded and supervises an Outreach for Legal Literacy, a program through which law students teach constitutional law and civics to local fifth-graders. She has written and produced a number of plays on legal and ethical questions used for the professional development of law students and the local bar.

Expertise
Evidence Law
Procedural Law
Family Law
Books: 

·   PARK & ORENSTEIN, TRIAL OBJECTIONS HANDBOOK (3d edition) (West 2015) (forthcoming)

·   ORENSTEIN, ACING EVIDENCE (West 2014)

·   PARK, LEONARD, ORENSTEIN & GOLDBERG, EVIDENCE LAW: A STUDENT’S GUIDE TO THE LAW OF EVIDENCE AS APPLIED IN AMERICAN TRIALS (3d edition) (West 2011)

Articles: 

·   Justice Scalia’s Concept of Childhood and Children (in progress)

·   Evidence Law, Juror Decision-Making, and the Emotion of Regret (in progress)

·   The Seductive Power of Patriarchal Stories ___ Howard L. Rev. ___ (2015)

·   Forfeiture of Confrontation Rights and the Complicated Dynamics of Domestic Violence: Some Thoughts Inspired by Myrna Raeder ___ Southwestern L. Rev. ___ (2015)

·   Once We Were Slaves, Now We Are Free: The Legal, Administrative, and Psychosocial Issues Raised by Passover Seders in Prison 41 PEPPERDINE L. REV. 61 (2014)

·   Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes, 81 U. CIN. L. REV. 794 (2013) (with Tamara Rice Lave)

·   Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, 31 MISS. COLL. L. REV. 185 (2012)

·   Facing the Unfaceable: Dealing with Prosecutorial Denial in Postconviction Cases of Actual Innocence, 46 SAN DIEGO L. REV. 401 (2011)

·   Sex, Threats, and Excited Words: Regina v. Bedingfield and its Lessons for Modern Evidence Law, 79 FORDHAM L. REV. 115 (2010)

·   Her Dying Words: The Dying Declaration in Domestic Violence Murders as an Exception to and Indictment of Modern Confrontation Jurisprudence, 2010 ILL. L. REV. 1141

·   Propensity or Stereotype?: A Bad Evidence Experiment in Indian Country, 19 CORNELL J. L. & PUB. POL.173 (2010)

·   Presuming Guilt or Protecting Victims? Analyzing the Special Treatment of Those Accused of Rape, in TRAGEDY AT DUKE: LESSONS LEARNED FROM RAPE ALLEGATIONS AGAINST DUKE UNIVERSITY LACROSSE TEAM MEMBERS (Michael L. Seigel, ed.) (Carolina Academic Press 2009)

·   Special Issues Raised By Rape Trials, in Ethics and Evidence Symposium, 76 FORDHAM L. REV. 1585 (2007)

·   Children as Witness: A Symposium on Child Competence and the Accused’s Right to Confront Child Witnesses, 82 IND. L. J. 909 (2007)

·   The Ethics of Child Custody Evaluation: Advocacy, Respect for Parents, and the Right to an Open Future, Poynter Center Monograph (2006)

·   Deviance, Due Process, and the False Promise of Federal Rule of Evidence 403, 90 CORNELL L. REV. 1487 (2005)

·   Civility in Litigation: How Can the Profession Promote and Enforce Good Behavior? 1 IND. CIVIL LITIGATION LAW REVIEW 77 (2004) (with Torrence Lewis)

·   What We Say We Do on Review, What We Actually Do on Review, Why They Are So Dissimilar, and How We Manage Not to Notice, LAW PROBABILITY AND RISK: A JOURNAL OF REASONING UNDER UNCERTAINTY (2002), http://www3.oup.lawpr/hdb/Volume_02/Issue_04.

·   Evidence and Feminism, in FEMINIST JURISPRUDENCE, WOMEN AND THE LAW: CRITICAL ESSAYS AND ARTICLES (Betty W. Taylor, Sharon Rush, Robert John, eds.) (1999)

·   Apology Excepted: Incorporating a Feminist Analysis into Evidence Policy Where You=d Least Expect It, 28 SW. L. REV. 221 (1999)

·   No Bad Men!: A Feminist Approach to Character Evidence in Rape Trials, 49 HASTINGS L. REV. 663 (1998)

·   Evidence in A Difference Voice: Some Thoughts on Professor Jonakait=s Critique of A Feminist Approach, 4 WILLIAM & MARY J. WOMEN & L. 295 (1998)

·   My God!: A Feminist Critique of the Excited Utterance Exception to the Hearsay Rule, 85 CAL. L. REV. 153 (1997)

·   Is the Evidence All In? ABA JOURNAL (October 1992) (with Edward R. Becker)

·   The Federal Rules of Evidence After Sixteen YearsThe Effect of >Plain Meaning= Jurisprudence, The Need for An Advisory Committee on the Rules of Evidence, and Suggestions for Selective Revision of The Rules, 60 GEO. WASH. L. REV. 857 (1992) (with Edward R. Becker) (reprinted at 142 F.R.D. 519)

Speaking Engagements: 

·   Cultural Assumptions in American Evidence Law, The Foundations of the Law of Evidence and Their Implications for Developing Countries, Chicago 2014

·   Forfeiture in Domestic Violence Cases after Giles, Symposium in Memory of Myrna Raeder, Southwestern Law School, Los Angeles November 2014

·   Effective Brief-Writing, Fifth Circuit Bar Conference, October 2014, New Orleans

·   The Power of Patriarchal Stories, Taslitz Galaxy: Symposium in Memory of Andrew Taslitz, Howard Law School, September 2014

·   Justice Scalia Concept of Childhood and Children, International Academy of Law and Mental Health, Amsterdam, The Netherlands, July 2013

·   Evidence Law and the Emotion of Regret, International Academy of Law and Mental Health, Amsterdam, The Netherlands, July 2013

·   Ethical Issues Arising in Domestic Violence Representation, Middle Way House CLE, January 2013

·   Religious Diets in Prison under RLUIPA, Cardozo School of Law, New York, NY, July 2012

·   Evidence Issues Raised by Social Media, Mississippi College of Law, Jackson, MS, February 2012

·   Once We Were Slaves, Now We Are Free: Legal and Social Issues Raised by Passover Observance in Prison, Florida State University, Tallahassee, FL, January, 2012

·   Constructions of Deviance in Federal Rules of Evidence: Reliance on False Assertions of Recidivism Rates, International Association of Law and Mental Health, Berlin, Germany, July 2011

·   Passover Seders in Prison, Law and Society Association, San Francisco, CA, June 2011

·   Prosecutorial Denial, New Jersey Public Defender, Newark, NJ, April 2011

·   Understanding Crawford, New Jersey Public Defender, Newark, NJ, October 2010

·   Confrontation and Gender, SEALS Conference, Palm Beach, FL, July 2010

·   Everything You Always Wanted To Know About Civil Procedure but Were Too Bored to Ask, Indiana University Maurer School of Law, Bloomington, IN, July 2010

·   Ethics on Appeal, New Jersey Public Defender, Newark, NJ, April 2010

·   Confrontation and the Dying Declaration, Seton Hall School of Law, Newark, NJ, October 2009

·   The O.J. Trial of Its Day: The Drama, Pathos, and Legal Sniping of the Then Infamous, Now Forgotten Case of Regina v. Bedingfield and Its Lessons for Modern  Evidence Law, John Marshall Law School, Faculty Roundtable, Chicago, IL, November 2008

Positions: 

·   Member, American Law Institute (2005-present)

·   Member, American Bar Association (1990-present)

·   Member, Executive Committee, Section on Evidence (2007-08)

·   Chair, Evidence Section, AALS (2006-2007)

·   Admitted to Practice, Indiana (1996)

·   Admitted to Practice, New Jersey (1990)

In the News: 

·   "Ruling extends standing in adoption cases to those with ‘lawful custody’" The Indiana Lawyer, January 14, 2015

·   "Chemical crime fighter" WTHR (Indianapolis), July 29, 2014

·   "Experts expect a different outcome as third David Camm trial starts in Boone County, Ind." Louisville Courier-Journal, August 18, 2013

·   "Child custody rights for rapists? Most states have them" CNN, August 1, 2013

·   "Pendleton prison inmate sues for right to group prayer" Indiana Public Media, July 24, 2013

·   "Observing Passover in prison" Tell Me More (National Public Radio), March 25, 2013

·   "Women accused of prostitution appear in court" News and Tribune (Jeffersonville, Ind.), August 22, 2011

·   "Lawyers look to Internet, social media for clues" Indiana Lawyer (subscription required), July 25, 2011

·   "Menard lawsuit entangles businessmen Hilbert, Dick" Indianapolis Business Journal, December 6, 2010

·   "Binford fifth-graders go to trial with help from IU students" Bloomington Herald-Times (subscription required), April 27, 2010

·   "Lawyers speak out in Johnsen's favor" Bloomington Herald-Times, April 28, 2009

·   "Here they go again" Indianapolis Star, February 4, 2008

·   "Students take part in case that could reach U.S. Supreme Court" Bloomington Herald-Times, October 27, 2007

Others: 

1. Honors and Awards

·   Leonard D. Fromm Public Interest Faculty Award (2011)

·   Wallace Teaching Award (2005)

·   Cardozo Service Award (2003)

·   Indiana University TERA teaching award (2000)

·   Indiana Bar Foundation, Law-Related Education Award (1997)

2. Publications available online:

·   http://www.law.indiana.edu/lawlibrary/services/bibliography/orenstein.shtml

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