Adina Schwartz

Adina Schwartz

Adina Schwartz
Professor
Phone number: 
212.237.8402
Room number: 
422.40T

Education

1985 JD  Yale Law School

1976 PhD  Rockefeller University

1971 BA  Oberlin College

Bio

Before joining the faculty of John Jay College in 1993, Adina Schwartz was a federal public defender and, before that, an assistant professor in the Department of Philosophy at Yale University. Currently, Professor Schwartz’s research focuses on the legal and policy issues raised by Edward J. Snowden’s revelations about NSA surveillance, and is posted at http://www.cyberprivacymatters.org/. This research builds on on her work as a co-principal investigator on NSF Grant 0619226, in which she was responsible for the legal analysis in Security and Privacy: Global Standards for Ethical Identity Management in Contemporary Liberal Democratic States by John Kleinig, Seumas Miller, Peter Mameli, Douglas Salane, and Adina Schwartz (ANU (Australian National University) E Press 2011) at 23-66. Her work on the Snowden revelations also builds on her longstanding interests in Fourth Amendment law and science and the law and on the required law course that she has taught for students in John Jay’s Master’s Program in Digital Forensics and Cybersecurity since 2004.

Professor Schwartz authored one of the first law review articles on the racial implications of the stop and frisk power, "'Just Take Away Their Guns': The Hidden Racism of Terry v. Ohio," 23 Fordham Urban Law Journal 317 (1996) . Another of her articles, “A Systemic Challenge to the Reliability and Admissibility of Firearms and Toolmark Identification,” 6 Columbia Science & Technology Law Review 1 (March 28, 2005) , has spearheaded challenges to the reliability and admissibility of firearms and toolmark identification, and been cited by courts and in two reports by the National Academy of Sciences. Courts have also cited Professor Schwartz’s articles, “Commentary on Nichols R.G., Defending the Scientific Foundations of the Firearms and Tool Mark Identification Discipline: Responding to Recent Challenges, J. Forens. Sci. 2007 May; 52(3): 586-94,” Journal of Forensic Sciences 52(6):1414-15 (November 2007); "Homes as Folding Umbrellas: Two Recent Supreme Court Decisions on  'Knock and Announce'," 25 American Journal of Criminal Law 545 (1998); and "A 'Dogma of Empiricism' Revisited: Daubert v. Merrell Dow Pharmaceuticals, Inc. and the Need to Resurrect the Philosophical Insight of Frye v. United States," 10 Harvard Journal of Law and Technology:149 (1997).

Publications

PUBLICATIONS

“International Chronicle of Surveillance Events – 2013, 2014, 2015,” with Aidan Booth, http://www.cyberprivacymatters.org/category/chron/

Posts on legal challenges in Canada, Europe, the United Kingdom and the United States, with Aidan Booth, periodically updated starting in 2013, http://www.cyberprivacymatters.org/category/challenges/

“The NSA’s Surveillance of Metadata,” June 28, 2013, http://www.cyberprivacymatters.org/the-nsas-surveillance-of-metadata/

Security and Privacy: Global Standards for Ethical Identity Management in Contemporary Liberal Democratic States with John Kleinig, Seumas Miller, Peter Mameli and Douglas Salane (ANU (Australian National University) E Press 2011)

“Putting the Science in Forensic Science: Helping Congress and the Administration Do What Is Possible,” with Clifford Spiegelman and Katherine Philpott, Amstat News, Issue 410: 17-18 ( Aug. 1, 2011), available at http://magazine.amstat.org/blog/2011/08/01/scipoliaug11

“NAS Roundtable: How Scientific Is Forensic Science?” with William C. Thompson, Michael Burt, and The Honorable Jed S. Rakoff, The Champion 28-35 (August 2009)

“Wiretapping,” World Book Encyclopedia, 2009, Vol. 21: 345, available at http://www.worldbookonline.com/student/article?id=ar607240

“Challenging Firearms and Toolmark Identification-Part Two,” The Champion XXXII (9): 44-52 (November/December 2008), reprinted with a new introduction and update, in The California Defender 37-47 (Summer 2010)

“Challenging Firearms and Toolmark Identification-Part One,” The Champion XXXII (8):10-19 (Oct. 2008)

Review of Genetic Witness: Science, Law and Controversy in the Making of DNA Profiling by Jay D. Aronson, New York Law Journal, April 4, 2008 

“Commentary on Nichols R.G., Defending the Scientific Foundations of the Firearms and Tool Mark Identification Discipline: Responding to Recent Challenges, J. Forens. Sci. 2007 May; 52(3): 586-94,” Journal of Forensic Sciences 52(6):1414-15 (November 2007), cited in United States v. Glynn, 578 F.Supp.2d 567, 569 n.2 (S.D.N.Y. 2008) and United States v. Willock, 696 F.Supp.2d 536, 567 (D.Md. 2010)

Review of Injustice for All: Mapp vs. Ohio and the Fourth Amendment, by Priscilla H. Machado Zotti, Criminal Law Bulletin 42: 147-50 (2006)

“Fingerprinting,” World Book Encyclopedia, 2006, 106-107

“Who’s the We?: Towards a Framework for Understanding and Evaluating Critiques of the American Jury,” in John Kleinig and James P. Levine (eds.), Jury Ethics: Juror Conduct and Jury Dynamics, Paradigm Publishers, 2005, 83-91 

“A Systemic Challenge to the Reliability and Admissibility of Firearms and Toolmark Identification,” Columbia Science & Technology Law Review, 6:1-42 (March 28, 2005), at http://www.stlr.org/cite.cgi?volume=6&article=2

“Ballistics Recognition/Identification Systems,” in Larry E. Sullivan and Dorothy Moses Schulz(eds.), Encyclopedia of Law Enforcement, Sage Publishing, 2005, Volume 2: 551-55

“Informants, Issues Surrounding Use of,” in Larry E. Sullivan and Dorothy Moses Schulz(eds.), Encyclopedia of Law Enforcement, Sage Publishing, 2005, Volume 2: 709-71

 
A Challenge to the Admissibility of Firearms and Toolmark Identifications: An Amicus Brief Prepared on Behalf of the Defendant in United States v. Kain, Crim. No. 03-573-1 (E.D. Pa. 2004),”Journal of Philosophy, Science &Law 4:1-32 (December 7, 2004), at http://www6.miami.edu/ethics/jpsl/archives/all/kain.html.

 “Firearms and Toolmark Identification,” in Jane Campbell Moriarty, Psychological and Scientific Evidence in Criminal Trials, West (2004 edition & ann. supp. 2006), Volume 2: 12-50 through 12-91

“A Market in Liberty: Corruption, Cooperation, and the Federal Criminal Justice System,” in William Heffernan and John Kleinig (eds.), Private and Public Corruption, Rowman & Littlefield, 2004, 173-223

Review of Drug Courts in Theory and in Practice by  James L. Nolan, Jr. (ed.),  New York Law Journal, February 14, 2003

Review of Suspect Identities: A History of Fingerprinting and Criminal Identification  by Simon A. Cole, New York Law Journal, February 7, 2002

Review of Actual Innocence: Five Days To Execution and Other Dispatches From the Wrongly Convicted by Barry Scheck, Peter Neufeld and Jim Dwyer, Punishment and Society 3: 446-447 (2001)

Review of Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons by Malcolm M. Feeley and Edwin L. Rubin, Punishment and Society 2: 246-247 (2000)

"Homes as Folding Umbrellas: Two Recent Supreme Court Decisions on 'Knock and Announce'," American Journal of Criminal Law 25: 545-594 (1998), cited in State v. Barnes, 618 N.W.2d 805, 811 (Minn. Ct. App. 2000), review denied (2001)

"Public Defenders," Encyclopedia of Applied Ethics, San Diego: Academic Press, Inc., 1998, Volume 3: 745-754

"A 'Dogma of Empiricism' Revisited: Daubert v. Merrell Dow Pharmaceuticals, Inc. and the Need to Resurrect the Philosophical Insight of Frye v. United States," Harvard Journal of Law and Technology 10:149-237 (1997), cited in Goeb v. Tharaldson, 615 N.W.2d 800, 812-813 (Minn. 2000); Brim v. State, 779 So.2d 427, 434 & 434 n.16 (Fla. 2d DCA 2000); State v. Coon, 974 P.2d 386, 391 n.25 & 397n.67 (Alaska 1999); and United States v. Cordoba, 991 F.Supp. 1199, 1203 n.11 (C.D. Cal. 1998), affirmed, 194 F.3d 1058 (9th Cir. 1999), cert. denied, 529 U.S. 1081 (2000)

"The Hidden Racism of Terry v. Ohio," Search and Seizure Law Report 23: 49-56 (1996)

"'Just Take Away Their Guns': The Hidden Racism of Terry v. Ohio," Fordham Urban Law Journal 23: 317-375 (1996)

Booknote on Justice as Sanctuary: Toward a New System of Crime Control by Herman Bianchi, Ethics 106:228 (1995)

Booknote on Prisons in Crisis by William L. Selke, Ethics 105:690 (1995)

"Towards a Jurisprudence of Labor Law: Methodological Preliminaries," Valparaiso University Law Review 19: 71-94 (1984)

"Autonomy in the Workplace," in Tom Regan (ed.), Just Business: Introductory Essays in Business Ethics. New York: Random House, 1984: 129-166

Review of Karl Marx by Allen Wood, The Philosophical Review 92: 258-261 (1983)

"Meaningful Work," Ethics 92: 634-646 (1982), reprinted in Rita Manning and René Trujillo (eds.), Social Justice in a Diverse Society. Mountain View, Ca.: Mayfield Publishing Co., 1996; Will Kymlicka (ed.), Justice in Political Philosophy. Brookfield, Vt.: Ashgate Pub. Co., 1992; A.L. Gini and T. Sullivan (eds.), It Comes with the Territory: An Inquiry Concerning Work and the Person. New York: Random House, 1989

Review of Birth Control and Controlling Birth: Women-Centered Perspectives by Helen B. Holmes, Betty R. Hoskins and Michael Gross, Human Rights Quarterly 4: 140-144 (1982)

"Against Universality," The Journal of Philosophy 78: 127-143 (1981)

Review of Equality, Liberty and Perfectionism by Vinit Haksar, Ethics 92: 134-137 (1981)

Review of Working for Capitalism by Richard Pfeffer, Ethics 90: 602-603 (1980)

"Aristotle on Education and Choice," Educational Theory 29: 97-107 (1979)

Review of Reason and Morality by Alan Gewirth, The Philosophical Review 88: 654-656 (1979)

Review of The Theory of Morality by Alan Donagan, The Philosophical Review 87: 649-651 (1978)

Review of Reading Rawls: Critical Studies of John Rawls' A Theory of Justice, edited with an introduction by Norman Daniels, The Philosophical Review 86: 238-241 (1977)

"Moral Neutrality and Primary Goods," Ethics 83:294-307 (1973), reprinted in G.W. Smith (ed.), Liberalism: Critical Assessments, Routledge & Kegan Paul, 2003; Chandran Kukathas (ed.), John Rawls: Critical Assessments of Leading Political Philosophers, Routledge & Kegan Paul, 2002; Henry Richardson and Paul Weithman (eds.), The Philosophy of Rawls : A Collection of Essays, Garland Pub., 1999

Research

GRANTS
Co- Principal Investigator on "Security and Privacy: Global Standards for Ethical 2006-2008
Identity Management in Contemporary Liberal Democratic States,"
Science and Society Program, NSF 0619226
Co- Principal Investigator on Cyber Trust Proposal NSF 744660003 2004-2007

Research interest

Comparative cybersurveillance law; forensic identification; science and the law; Fourth Amendment law

Expertise

Evidence law, science and law, criminal procedure, cyber-surveillance law, forensic identification

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