Jane Campbell Moriarty, J.D.

Jane Moriarty

Associate Dean for Faculty Scholarship, Carol Los Mansmann Chair in Faculty Scholarship, and Professor of Law
School of Law
Law

Room 235, Hanley Hall
Phone: 412.396.4469
moriartyj@duq.edu
https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=71989

Education:

J.D., Law, Boston College Law School, 1983
B.A., Philosophy, Boston College, 1980
Bio

Jane Campbell Moriarty is the Carol Los Mansmann chair in faculty scholarship and professor of law at Duquesne University School of Law. Her scholarship focuses on scientific evidence, neuroscience and law, and professional responsibility. Among her publications are a casebook, Scientific and Expert Evidence (Aspen, 2007, 2d ed. 2011)(with John M. Conley), a treatise, Giannelli, Imwinkelried, Roth & Moriarity, Scientific Evidence (5th ed., 2013)(with annual supplements), a three-volume edited series, The Role of Mental Illness in Criminal Trials:Insanity & Mental Incompetence (three volumes in the Constitutional Controversies series)(Routledge Press, 2001), and a two-volume practitioner treatise, Psychological and Scientific Evidence in Criminal Trials, (West, 1996)(annual supps.,1997-2006).

Moriarty has written several articles about behavioral and forensic science evidence, the Salem witchcraft trials, and violence against women.  In the last few years, much of her work has involved the burgeoning field of neuroscience and law.  She is the author and co-author of peer reviewed articles on neuroscience and law and a chapter on neuroscience lie detection.  She is currently working on a book for NYU Press, entitled Are You Lying Now? Neurotechnology and Law (2016) and is developing an international series on neuroscience, law, and human behavior with colleagues. Moriarty is a frequent speaker on scientific evidence and neuroscience evidence and served as president of the Evidence Section of the Association of American Law Schools. 

During her career, she was named Professor of the Year (Akron Law) and awarded the Excellence in Teaching award (Duquesne Law).  A contributor to Black’s Law Dictionary, Moriarty has been included in Who’s Who in America, and has received awards for her scholarship.  She was a visiting professor at both Case Western University School of Law and the University of Pittsburgh School of Law.

Moriarty received a B.A. from Boston College, summa cum laude, where she was awarded the Bapst Philosophy Medal and elected to Phi Beta Kappa.  She graduated, cum laude, from Boston College Law School. She served as a law clerk to the Superior Court of Massachusetts and to Ralph J. Cappy, Justice of the Supreme Court of Pennsylvania.  In 2010, she attended Neuroscience Bootcamp at the University of Pennsylvania Center for Neuroscience and Society. 

Courses

FALL 2018
Evidence (01, 02)

SPRING 2019
Expert Evidence Simulation (61)

FALL 2019
Evidence (01, 02)

Honors/Professional Affiliations

Dr. John and Liz Murray Award for Exemplary Faculty Scholarship in the field of Law and Science (June, 2016)

Fellow, Center for Catholic Intellectual Tradition, Interdisciplinary Research Roundtable (2016-2017)

Member, Duquesne University Chronic Pain Research Consortium (law and neuroscience)(2016—going forward)

Dr. John and Liz Murray Award for Exemplary Faculty Scholarship in the field of Law and Science (June, 2016)

Martingdale-Hubble AV Preeminent rating (highest possible rating in peer review in legal ability and ethical standards)(1996-2017)

BLACK’S LAW DICTIONARY, Academic Contributor to the Tenth Edition (2014)

AALS Evidence Section Executive Committee, 2007- 2016

Who’s Who in America (2014)

AALS Evidence Section Secretary, 2010-2011; Chair Elect (2011-2012); Chair (2012-2013)

Excellence in Teaching Award, Duquesne University School of Law (2013)

Scholar of the Year, University of Akron School of Law (2011)

University of Akron School of Law Alumni Faculty Scholarship Award, April 2008: “Misconvictions,” Science and The Ministers of Justice, 86 NEBRASKA LAW REVIEW 1 (2007)

University of Akron School of Law Faculty Research Award, April 2008: “Misconvictions,” Science and The Ministers of Justice, 86 NEBRASKA LAW REVIEW 1 (2007)

Professor of the Year, University of Akron School of Law (2002)

Phi Beta Kappa (1980)

Alpha Sigma Nu (1980)

Summa Cum Laude (1980)

Bapst Philosophy Medal (1980)

Cum Laude (1983)

Scholarship

Books

Scientific Evidence

Paul C. Giannelli, Edward J. Imwinkelried, Andrea Roth and Jane C. Moriarty, Scientific Evidence (LexisNexis, 5th edition, 2012) and Annual Supplement (2013, 2014, 2015, 2016, 2017, 2018).

Scientific and Expert Evidence

John M. Conley and Jane Campbell Moriarty, Scientific and Expert Evidence with teacher's manual (2007, Second Edition 2011).

Book Chapter

Brain Imaging of Deception

Jane Campbell Moriarty, D.D. Langleben and D. Willard, Brain Imaging of Deception, in Neuroimaging in Forensic Psychiatry: From the Clinic to the Courtroom 217-236 (Joseph R. Simpson ed.,2012).

Articles

Deceptively Simple: Framing, Intuition, and Judicial Gatekeeping of Forensic Feature-Comparison Methods Evidence

Jane Campbell Moriarty, Deceptively Simple: Framing, Intuition, and Judicial Gatekeeping of Forensic Feature-Comparison Methods Evidence, 86 Fordham L. Rev. 1687-1708 (March 2018). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3157122

Athletes, Veterans, and Neuroscience: A Symposium on Traumatic Brain Injury and Law

Jane Moriarty, Foreword: Athletes, Veterans, and Neuroscience: A Symposium on Traumatic Brain Injury and Law, (56) Duq. L. Rev. 1-6 (2018). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3247124

Who Speaks for Neuroscience? Neuroimaging Evidence and Courtroom Expertise

Jane Campbell Moriarty and Daniel D. Langleben, Who Speaks for Neuroscience? Neuroimaging Evidence and Courtroom Expertise, 68 (3) Case Western Reserve L.R. 783-804 (2018). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3221041

Seeing Voices: Potential Neuroscience Contributions to a Reconstruction of Legal Insanity

Jane C. Moriarty, Seeing Voices: Potential Neuroscience Contributions to a Reconstruction of Legal Insanity, 85 Fordham L. Rev. 101 (2016). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3171029

Brain Trauma, PET Scans and Forensic Complexity

Jane Campbell Moriarty, Daniel D. Langleben, and James Provenzale, Brain Trauma, PET Scans and Forensic Complexity, 31 Behav. Sci. L. 701-720 (2013). https://ssrn.com/abstract=2343236

Using Brain Imaging for Lie Detection: Where Science, Law, and Policy Collide

Daniel D. Langleben and Jane Campbell Moriarty, Using Brain Imaging for Lie Detection: Where Science, Law, and Policy Collide, D.19 Psychol. Pub. Pol'y L. 222 (2013). https://ssrn.com/abstract=2139408

Rehabilitating Lawyers: Perceptions of Deviance and Its Cures in the Lawyer Reinstatement Process

Bruce A. Green and Jane Campbell Moriarty, Rehabilitating Lawyers: Perceptions of Deviance and Its Cures in the Lawyer Reinstatement Process, XL Fordham Urb. L.J. 139 (2012). https://ssrn.com/abstract=2259084

'Waiving' Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation

Jane Campbell Moriarty and Marissa E. Main, "Waiving" Goodbye: Plea Bargaining and the Defense Dilemma of Competent Representation, 38 Hastings Const. L.Q. 1029 (2011) (Invited Symposium). https://ssrn.com/abstract=1815385

Will History Be Servitude?: The NAS Report on Forensic Science and the Role of the Judiciary

Jane Campbell Moriarty, Will History Be Servitude?: The NAS Report on Forensic Science and the Role of the Judiciary, 2010 Utah L. Rev. 299 (2010) (Invited Symposium). https://ssrn.com/abstract=1719712

Visions of Deception: Neuroimages and the Search for Truth

Jane Campbell Moriarty, Visions of Deception: Neuroimages and the Search for Truth, 42 Akron L. Rev. 739 (2009) (Symposium Article). https://ssrn.com/abstract=1421269

Foreword to the Neuroscience, Law & Government Symposium

Jane Campbell Moriarty, Foreword to the Neuroscience, Law & Government Symposium, 42 Akron L. Rev. 681 (2009). https://ssrn.com/abstract=1421271

Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium

Jane Campbell Moriarty, Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium, 41 Akron L. Rev. 839 (2008). https://ssrn.com/abstract=1471310

Flickering Admissibility: Neuroimaging Evidence in the U.S. Courts

Jane Campbell Moriarty, Flickering Admissibility: Neuroimaging Evidence in the U.S. Courts, 26 Behav. Sci. L. 29 (2008). https://ssrn.com/abstract=1114125

'Misconvictions', Science, and the Ministers of Justice

Jane Campbell Moriarty, 'Misconvictions', Science, and the Ministers of Justice, 86 Neb. L. Rev. 1 (2007). https://ssrn.com/abstract=964741

Forensic Science: Grand Goals, Tragic Flaws, and Judicial Gatekeeping

Jane Campbell Moriarty and Michael J. Saks, Forensic Science: Grand Goals, Tragic Flaws, and Judicial Gatekeeping, 44 ABA J. J. 16 (2005). https://ssrn.com/abstract=961441

The Reliability of Latent Print Individualization: Brief of Amici Curiae Submitted on Behalf of Scientists and Scholars by the New England Innocence Project, Commonwealth v. Patterson

David M. Siegel, Mark Acree, Robert Bradley, Simon A. Cole, David L. Faigman, Stephen E. Fienberg, Paul C. Giannelli, Lyn Haber, Ralph Norman Haber, Donald Kennedy, Jennifer Mnookin, Joelle Anne Moreno, Jane Campbell Moriarty, D. Michael Risinger, John R Vokey, and Sandy Zabell, The Reliability of Latent Print Individualization: Brief of Amici Curiae Submitted on Behalf of Scientists and Scholars by the New England Innocence Project, Commonwealth v. Patterson, 42 Crim. L. Bull. (2006). https://ssrn.com/abstract=2593854

Forensic Science: Grand Goals, Tragic Flaws & Judicial Gatekeeping

Jane Campbell Moriarty and Michael J. Saks, Forensic Science: Grand Goals, Tragic Flaws & Judicial Gatekeeping, 44 ABA J. J. 16 (2005).

'While Dangers Gather': The Bush Preemption Doctrine, Battered Women, Imminence and Anticipatory Self-Defense

Jane Campbell Moriarty, 'While Dangers Gather': The Bush Preemption Doctrine, Battered Women, Imminence and Anticipatory Self-Defense, 30 N.Y.U. Rev. L. Soc. Change 1 (2005). https://ssrn.com/abstract=794645

Wonders of the Invisible World Prosecutorial Syndrome and Profile Evidence in the Salem Witchcraft Trials

Jane Campbell Moriarty, Wonders of the Invisible World Prosecutorial Syndrome and Profile Evidence in the Salem Witchcraft Trials, 26 Vt. L. Rev. 43 (2001). https://ssrn.com/abstract=1740712

Presentations

Recent Developments in the Legal Application of Neurological and Behavioral Science

Jane Campbell Moriarty, John Martin Conley and Robin Conley Riner, Recent Developments in the Legal Application of Neurological and Behavioral Science, CLE at Festival of Legal Learning (2018).

Judicial Gatekeeping of Forensic Science Feature-comparison Evidence

Jane Moriarty, Judicial Gatekeeping of Forensic Science Feature-comparison Evidence, symposium at Judicial Conference Federal Advisory Committee on Evidence Rules, Boston College Law School, Newton MA (Oct. 27, 2017).

Symposium on Forensic Expert Testimony, Daubert and Rule 702

Jane C. Moriarty, Symposium on Forensic Expert Testimony, Daubert and Rule 702, presentation at Deceptively Simple, Forensic Science Matching and Judicial Gatekeeping (Oct. 2017).

A Sea Change: Neuroscience Evidence, Privacy, Law & Constitutional Frontiers

Jane C. Moriarty, A Sea Change: Neuroscience Evidence, Privacy, Law & Constitutional Frontiers, presentation at Cambridge University (August 2017).

Athletes, Veterans, and Neuroscience: A Symposium on Traumatic Brain Injury and Law

Jane C. Moriarty, Athletes, Veterans, and Neuroscience: A Symposium on Traumatic Brain Injury and Law (Apr. 2017).

Who Speaks for Neuroscience?

Jane C. Moriarty, Who Speaks for Neuroscience? presentation at Stanford Law School BioLaw LaPaLooza Symposium (April 2017).

Behavioral Science and the Law: A Critical Assessment of Recent Developments

J. M. Conley, Jane C. Moriarty, and R. C. Riner, Behavioral Science and the Law: A Critical Assessment of Recent Developments, presentation at North Carolina Court of Appeals: Appellate Training: New & Emerging Legal Issues for Our North Carolina Court of Appeals (Dec. 2016).

When Justice Seasons Mercy - Prosecutorial Ministers of Justice

Jane C. Moriarty, When Justice Seasons Mercy - Prosecutorial Ministers of Justice, presentation at Duquesne Center for the Catholic Intellectual Tradition Roundtable on Mercy (Nov. 2016).

Mental Health and the Law

Daniel Kunz, Jane Campbell Moriarty, William Caye, Edward Mulvey, Allan Pass, Katherine Ramsland, Kathleen Sekula, Michael Weiner, and Bruce Wright, Mental Health and the Law, CLE at 16th Annual Forensic Science and Law Symposium (October 20-21, 2016).

Turning a Blind Eye: Prosecutorial Ethics and Expert Evidence

Jane C. Moriarty, Turning a Blind Eye: Prosecutorial Ethics and Expert Evidence, presentation as part of Miller-Becker Center for Professional Responsibility's Lecture Series on "Prosecutor, Ethics, and Promoting Justice" (Oct. 2016).

Patients, Doctors, and Chronic Pain: Preliminary Thoughts About Legal Issues Arising From the CDC Guidelines

Jane C. Moriarty,  Patients, Doctors, and Chronic Pain: Preliminary Thoughts About Legal Issues Arising From the CDC Guidelines, presentation at Chronic Pain Research Consortium Annual Retreat and 5th Anniversary (June 2016).

Neuroscience Contributions to a Legal Reconstruction of the Insanity Defense

Jane C. Moriarty, Neuroscience Contributions to a Legal Reconstruction of the Insanity Defense, presentation at Criminal Behavior and the Brain: When Law and Neuroscience Collide (Feb. 2016).

A True History of Detecting Deception in Criminal Cases: The Past as Prologue for the Future of Neuroscience Lie Detection

Jane C. Moriarty, A True History of Detecting Deception in Criminal Cases: The Past as Prologue for the Future of Neuroscience Lie Detection, presentation at Criminal Justice Ethics Schmooze at Fordham University School of Law (June 2015).

Preliminary Thoughts on the Effects of Heuristics and Cognitive Bias in Judicial Decisions About Forensic Science Evidence

Jane C. Moriarty, Preliminary Thoughts on the Effects of Heuristics and Cognitive Bias in Judicial Decisions About Forensic Science Evidence (Apr. 2015).

Judicial Decisions About Forensic Science Evidence: Contributing to the Concerns About the Death Penalty

Jane C. Moriarty, Judicial Decisions About Forensic Science Evidence: Contributing to the Concerns About the Death Penalty, Symposium on Criminal Sentencing and Death Penalty Reform (Apr. 2015).

Legal and Ethical Considerations for Forensic Science Evidence

Jane C. Moriarty, Legal and Ethical Considerations for Forensic Science Evidence, presentation at Is Forensics Getting Fixed? The State of the Profession Five Years After the NAS Report (2015).

Joint Defense and Common Interest Agreements: Legal and Ethical Considerations

Jane C. Moriarty, Joint Defense and Common Interest Agreements: Legal and Ethical Considerations, Dickie McCamey Commercial Litigation Presentation CLE on legal ethics (Nov. 2014).

Losing Faith: The Ministers of Justice and the Prosecutorial Mindset

Jane C. Moriarty, Losing Faith: The Ministers of Justice and the Prosecutorial Mindset. Legal Ethics at a Time of Regulatory Change, presentation at International Ethics Conference VI (July 2014).

Losing Faith: The Ministers of Justice and the Prosecutorial Mindset

Jane C. Moriarty, Losing Faith: The Ministers of Justice and the Prosecutorial Mindset, presentation at Faculty Roundtable on Criminal Justice Ethics (June 2014).

Be-friending the Jury: The Legal and Ethical Implications of Using Social Media to Investigate Juries

Jane C. Moriarty, Be-friending the Jury: The Legal and Ethical Implications of Using Social Media to Investigate Juries, CLE for Dickie-McCamey Chilcote Commercial Litigation Program on Game Changing Issues in Commercial Litigation (Oct. 2013).

Fair Witness? Neuroscience, Law, and the Obsession with Deception

Jane C. Moriarty, Fair Witness? Neuroscience, Law, and the Obsession with Deception, presentation at Society for Evolutionary Analysis in Law (SEAL) Conference (Apr. 2013).

The Ethical Implications of Using Social Media

Jane C. Moriarty, The Ethical Implications of Using Social Media, presentation at Pennsylvania Association of Criminal Defense Lawyers (Mar. 2013).

Neuroscience & Evidence: The Science, the Scholarship, the Courtroom, and the Classroom

Jane C. Moriarty, Neuroscience & Evidence: The Science, the Scholarship, the Courtroom, and the Classroom, presentation at Association of American Law Schools Annual Meeting (Jan. 2013).

Use and Abuse of Neuroimaging in the Courtroom Consensus Conference

Jane C. Moriarty, Use and Abuse of Neuroimaging in the Courtroom Consensus Conference, presentation at Science, Law, and Ethics Conference (Dec. 2012).

Be-friending the Jury: The Legal and Ethical Implications of Using Social Media to Investigate Juries

Jane C. Moriarty, Be-friending the Jury: The Legal and Ethical Implications of Using Social Media to Investigate Juries, CLE for Dickie-McCamey Chilcote Commercial Litigation Program on Game Changing Issues in Commercial Litigation (Oct. 2012).

Supplements

Scientific Evidence

Paul C. Giannelli, Edward J. Imwinkelried, Andrea Roth and Jane Campbell Moriarty, Scientific Evidence (5th ed., 2012) (two vols., supp. 2013, 2014, 2015, 2016).

Are You Lying Now? Deception, Technology, and the Law

Jane Campbell Moriarty, Are You Lying Now? Deception, Technology, and the Law (forthcoming 2016).

Psychological and Scientific Evidence in Criminal Trials

Jane Campbell Moriarty, Psychological and Scientific Evidence in Criminal Trials (1996) (two vols., annual supplements 1997-2006).