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Penn State
Lewis Katz Building, University Park, PA
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David H. Kaye

David Kaye

Distinguished Professor of Law Emeritus
Curriculum Vitae
SSRN Author Page
Forensic Science, Statistics, and the Law (an ACI scholarly blog)

(617) 862-0013

J.D., Yale Law School
M.A., Harvard University (astronomy)
B.S., MIT (physics)

Professor Kaye's research and teaching focuses on the law of evidence and applications of forensic science, genetics, probability, and statistics in civil and criminal litigation. Professor Kaye's publications include 11 books and more than 180 articles and letters in journals of law, philosophy, psychology, medicine, genetics, and statistics. He has served as editor of the American Bar Association publication, Jurimetrics: The Journal of Law, Science, and Technology, and on committees of the American Statistical Association, the National Academy of Sciences, the National Commission on Forensic Science, the National Commission on the Future of DNA Evidence, the National Institutes of Health, the National Institute of Justice, and the National Institute of Standards and Technology.

Professor Kaye taught evidence, criminal law and procedure, constitutional law, torts, law and science, forensic genetics, forensic economics, statistics, legal philosophy, and international human rights law at universities in the United States, England, and China. Before teaching, he was an associate in a private law firm in Portland, Oregon, an assistant special prosecutor on the Watergate Special Prosecution Force, and a law clerk to Hon. Alfred T. Goodwin, formerly Chief Judge of the U.S. Court of Appeals for the Ninth Circuit.

Full Listing

Selected Books

  • The New Wigmore, A Treatise on Evidence: Expert Evidence (1st ed. 2004, 2d ed. 2011, with annual updates) Aspen Pub. (with D. Bernstein & J. Mnookin)
  • McCormick on Evidence (3rd through 7th eds. 1984-2013) Thomson Reuters (with G. E. Dix et al.)
  • The Double Helix and the Law of Evidence (2010) Harvard University Press
  • Editor, Latent Print Examination and Human Factors: Improving the Practice Through a Systems Approach (2012) National Institute of Standards and Technology
  • Modern Scientific Evidence: The Law and Science of Expert Testimony (1st through 4th eds. 1997-2006) (with D. Faigman et al.)
  • Prove It with Figures: Empirical Methods in Law and Litigation (1997) (with H. Zeisel) (translated into Chinese and Japanese)

Selected Law Review Articles

  • "Digging into the Foundations of Evidence Law," Michigan Law Review, Vol. 115, No. 6, April 2017, pp. 915-934
  • "Maryland v. King: Per Se Unreasonableness, the Golden Rule, and the Future of DNA Databases," Harvard Law Review Forum, Vol. 127, No. 1, November 2013, pp. 39-48
  • "The Need for a Research Culture in the Forensic Sciences," UCLA Law Review, Vol. 58, No. 3, February 2011, pp. 725-779 (with J.L. Mnookin et al.)
  • "Naked Statistical Evidence," Yale Law Journal, Vol. 89, No. 3, January 1980, pp. 601-611
  • "The Laws of Probability and the Law of the Land," University of Chicago Law Review, Vol. 47, No. 1, Fall 1979, pp. 34-56