Professor Roger Kirst

Roger W. Kirst Henry M. Grether Professor of Law Emeritus

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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.

Courses

Civil Procedure I & II Law 516/G & 517/G (3 cr hr 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 hr)
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 hr)
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)

Education

J.D., 1970, Stanford University
B.S., Economics, 1967, Massachusetts Institute of Technology

Areas of Expertise

Appointments

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