Resident Faculty: Kirst

Appointments

• Assistant Professor of Law, 1974
• Associate Professor of Law, 1977
• Professor of Law, 1980
• Henry M. Grether Professor of Law, 1987

Biography

Professor Kirst joined the faculty in 1974 and is a Professor of Law. In 1970 he received his J.D. degree from Stanford Law School where he served as a member of the Stanford Law Review. He was admitted to the New York Bar in 1971 and the Nebraska Bar in 1974. He was employed as an associate by a New York City law firm from 1970-71 and served in the U.S. Navy JAG Corps from 1971-74. Professor Kirst teaches Civil Procedure, Evidence and Civil Rights Litigation. He is the Reporter for the Nebraska Supreme Court Committee on Practice and Procedure and a member of the Federal Practice Committee for the District of Nebraska.

Civil Procedure I & II

Law 516/G & 517/G (3 cr per class) Introduction to federal and state court organization, jurisdiction, and procedure. Emphasis on pre-trial, trial, and post-trial procedures, including pleading, enforcement of judgements, motion practice, appellate review, and the effects of res judicata and collateral estoppel.

Evidence

Law 646/G (1-4 cr) Relevancy and admission of evidence, including hearsay, opinions, privileges, other exclusionary rules, examination of witnesses, judicial notice, and physical evidence.

Civil Rights Litigation

Law 729/G (1-4 cr) Major substantive and procedural issues in litigation to protect civil rights. Established theories of liability and defenses, possible new developments in legal doctrine, and pending statutory changes.

Articles

• A Decade of Change in Sixth Amendment Confrontation Doctrine, Vol.6, Issue 2, Art. 5, International Commentary on Evidence (2009)
• Confrontation Rules After Davis v. Washington, 15 Brooklyn Law School J.L. & Pol'y 635 (2007)
• Can History Define the Structure of Confrontation Doctrine?, 71 Brooklyn Law Rev. 35 (2005)
• Appellate Court Answers to the Confrontation Questions in Lilly v. Virginia, 53 Syr. L. Rev.89 (2003)
• Hearsay and the Right of Confrontation in the European Court of Human Rights, 22 Quinn. L. Rev. 777 (2003)
• Filling the Gaps in Federal Rule 45 Procedure for Nonparty Nondeposition Document Discovery, 205 F.R.D. 638 (2002)
• A Third Option: Regulation Discovery of Transaction Work Product Without Distorting the Attorney Client Privilege, 31 Seton Hall L. Rev. 229 (2000)