Southwestern Law School Los Angeles, CA
 

Faculty Profile

Myrna S. Raeder

Myrna S. Raeder

Professor of Law

B.A., summa cum laude, Political Science, 1968, Hunter College; J.D., cum laude, 1971, New York University; LL.M., Trial Advocacy, 1975, and E. Barrett Prettyman Legal Intern Fellow, 1971-73, Georgetown University; Order of the Coif; Phi Beta Kappa; Member, California and New York State and District of Columbia Bars

Publications

NEWS RELEASE - NOVEMBER 18, 2013

Southwestern Community Mourns the Loss of Beloved Professor and Criminal Justice Advocate Myrna Raeder

Professor Myrna Raeder, an esteemed member of the Southwestern faculty for nearly 35 years, passed away on November 16. A prominent national figure in legal education and the advancement of criminal justice, Professor Raeder was one of the most highly regarded experts in evidence and a leading advocate for gender equity in the legal profession and the criminal justice system.

"Myrna Raeder touched the lives of so many within the law school and the greater community over the decades," Dean Susan Prager said. "Her work was also recognized formally and informally outside the school in multiple ways. Without question, Myrna will be greatly missed, appreciated and remembered."

Professor Raeder garnered major recognition for her leadership, scholarship and advocacy, including one of the American Bar Association's highest honors, the 2002 Margaret Brent Women Lawyers of Achievement Award, joining an illustrious list of honorees that includes U.S. Supreme Court Justices Sandra Day O'Connor and Ruth Bader Ginsburg. She was honored in 2003 with the Women Lawyers of Los Angeles Ernestine Stahlhut Award for her unique contributions to the community and the legal profession and was inducted into the Hunter College Hall of Fame in 2005. In early November 2013, the ABA Criminal Justice Section honored Professor Raeder with its prestigious Charles R. English Award.

In presenting the English Award, Matthew Redle, Chair of the Award Selection Committee, said, "Professor Raeder has been a tireless advocate on behalf of victims of child abuse and the wrongly accused, improving juvenile justice and supporting gender equity within the field. In a career marked by service to the criminal justice community in ways literally too numerous to mention, Myrna is a shining example of the value of subordinating the parochial interests of prosecution and defense in favor of the broader interests of justice and fairness."

Professor Raeder was involved in women's issues since her days in law school in the 1960s when only three percent of the nation's lawyers were female. She gave generously of her time through teaching, research and leadership, serving two terms as president of the National Association of Women Lawyers and as chair of the ABA Criminal Justice Section as well as the Association of American Law Schools Evidence Section and Section on Women in Legal Education.

In speaking of her close colleague of over 30 years, Professor Catherine Carpenter said, "Myrna was a leader among women in the academy before there were Women's groups, and certainly before there was a critical mass of women in legal education. She embodied what it meant to be a trailblazer. Her network was vast, and was only surpassed by her knowledge and passion for women's and children's issues."

Professor Raeder earned her B.A. from Hunter College, her J.D. at New York University, and her LL.M. in Trial Advocacy at Georgetown University, where she was the E. Barrett Prettyman Fellow. A member of the California and New York State and District of Columbia Bars, she served on the University of San Francisco School of Law faculty and as a litigator with O'Melveny & Myers for several years before joining the Southwestern faculty in 1979, where she taught Civil Pretrial Practice, Evidence, Trial Advocacy, and seminars on Wrongful Convictions and Youth at Risk. She was named as the Irwin R. Buchalter Professor of Law in 1991, the Paul Treusch Professor of Law in 2002, and the Justice Marshall F. McComb Professor of Law in 2008.

Dean Emeritus Leigh Taylor, who hired Professor Raeder early in his long tenure as Southwestern's Dean, said, "Myrna was one of our most talented young faculty when she joined Southwestern and matured into a major leader of women in legal education and the law. No one was more committed to Southwestern, and no one on our faculty has received as many national awards and recognition as Myrna."

Professor Raeder was a prolific scholar on a variety or evidentiary issues and was the author of Federal Pretrial Practice (3rd ed. 2000, Lexis Publishing) and co-author of Evidence: Cases, Materials and Problems (4th ed. 2013), among several other books and chapters, as well as more than 80 articles. Her more recent scholarship focused on gender issues raised by the federal sentencing guidelines, the impact of incarceration on women offenders and their children, correctional issues concerning women offenders, and wrongful conviction.  An instructor for the National Judicial College for many years, Professor Raeder testified before judicial panels regarding revision of the Rules of Evidence and gender bias issues.

Professor David Fagundes echoed the sentiments of many on the Southwestern faculty. "I cannot count the times that, upon learning that I teach at Southwestern, colleagues throughout academia would immediately mention Myrna, and how much they knew and admired her work," he said. "Her scholarship had an impact foremost because of its quality, but also because of its range - Myrna was able to reach people who wrote about evidence, criminal law, women and the law, and many other fields."

Professor Raeder and her husband, Terry Kelly, recently provided a generous pledge of $100,000 to establish the Myrna Raeder Scholarship Endowment Fund at Southwestern. The endowment will provide scholarships for students who grew up in kinship or foster care or as the child of an incarcerated parent.

Dean Prager noted, "Professor Raeder devoted herself to Southwestern and the advancement of the law for nearly four decades. The law school community is tremendously grateful for her contributions throughout her career and for this special endowment that reflects her compassion and interest in assisting students who have overcome extraordinary life challenges to pursue their dream of a legal education."

A memorial service in Professor Raeder's memory will be held in January. The family has requested that donations made in her memory be to the Myrna Raeder Scholarship Endowment Fund at Southwestern. Information regarding the fund may be obtained from Associate Dean Debra Leathers at dleathers@swlaw.edu.

Publications

Books and Chapters

STATE OF CRIMINAL JUSTICE 2011 (ABA Criminal Justice Section, 2011)

EVIDENCE IN A NUTSHELL: STATE AND FEDERAL RULES (with P.F. Rothstein and D. Crump; 6th ed., 2011, West; 5th ed., 2007, West Nutshell Series; 4th ed., 2003; 3rd ed., 1997)

ACHIEVING JUSTICE: FREEING THE INNOCENT, CONVICTING THE GUILTY (editor, with P. Giannelli; American Bar Association, 2006)

EVIDENCE: CASES, MATERIALS, AND PROBLEMS, (3rd ed, 2006, LexisNexis Publishing; 2nd ed. 1999, Matthew Bender Publishing; and supplements)

FEDERAL PRETRIAL PRACTICE, (3rd ed., Lexis Publishing, 2000; and 2004 supplement; 2nd ed., Michie Butterworth Publishers, 1995; 1st ed. Wiley Law Publishers, 1987)

SLECTED BIBLIOGRAPHY ON GENDER ISSUES IN SENTENCING AND CORRECTIONS (Office of Justice Programs, National Symposium on Women Offenders, 1999; updated for Montana Women Students Law Caucus, 2000)

EMERGING PROBLEMS UNDER THE FEDERAL RULES OF EVIDENCE, 2nd ed. (Contributor, American Bar Association Litigation Section, 1991)

EVIDENCE IN AMERICA (contributor; J. Saltzburg, editor, with the American Bar Association Litigation Section, Committee on Trial Evidence; Michie Co., 1987)

FEDERAL RULES OF EVIDENCE: A FRESH REVIEW AND EVALUATION (Contributor, American Bar Association Criminal Justice Section, Committee on Federal Rules of Evidence and Criminal Procedure, 1985)

Editor and Introductory Chapter Author, THE STATE OF CRIMINAL JUSTICE (ABA Criminal Justice Section, 2013)

Executive Summary in THE STATE OF CRIMINAL JUSTICE, 2009 (ABA Criminal Justice Section, 2009)

Appendix-Legal Considerations With Regard to Women Offenders in GENDER-RESPONSIVE STRATEGIES: RESEARCH, PRACTICE, AND GUIDING PRINCIPLES FOR WOMEN OFFENDERS (Barbara E. Bloom, ed.; National Institute of Corrections, 2003)

Gendered Implications of Sentencing and Correctional Practices in GENDERED JUSTICE: ADDRESSING FEMALE OFFENDERS (B. Bloom, editor; Carolina Academic Press, 2003)

Articles

Reflections of Who We Were When Joining Conveyed a Message, 80 UNIVERSITY OF MISSOURI-KANSAS CITY LAW REVIEW 703 (Spring 2012)

History Redux: The Unheard Voices Of Domestic Violence Victims, A Comment On Aviva Orenstein's Sex, Threats And Absent Victims, RES GESTAE (the online companion of the FORDHAM LAW REVIEW, May 2011)

Distrusting Young Children who Allege Sexual Abuse: Why Stereotypes Don't Die and Ways to Facilitate Child Testimony, 15 WIDENER LAW REVIEW 239 (2010)

Postconviction Claims of Innocence, 24 CRIMINAL JUSTICE 14 (Symposium Issue, Fall 2009)

Litigating Sex Crimes in the United States, Has the Last Decade Made Any Difference? INTERNATIONAL COMMENTARY ON EVIDENCE (2009)

Introduction to Southwestern's Law Review Symposium on Wrongful Convictions, Causes and Cures, SOUTHWESTERN LAW REVIEW (2009)

Being Heard After Giles: Comments on the Sound of Silence, 87 TEXAS LAW REVIEW 105 (2009; online)

Tribute to Professor Margaret Berger, Recipient of AALS Evidence Section's Wigmore Lifetime Achievement Award, 7 INTERNATIONAL COMMENTARY ON EVIDENCE Art. 3 (2009)

Enhancing the Legal Profession's Response to Victims of Child Abuse, 24 CRIMINAL JUSTICE MAGAZINE (Spring 2009)

On Cross Examination and Criminal Defense: An Interview with Terrence MacCarthy, CRIMINAL JUSTICE MAGAZINE (Summer 2008)

Introduction, Wrongful Convictions Symposium, 37 SOUTHWESTERN UNIVERSITY LAW REVIEW 745 (2008)

See No Evil: Thoughts About Wrongful Convictions and the Prosecutorial Ethics of Soliciting and Presenting Testimony of Jailhouse Informants and Experts Whose Testimony is Too Good to be True, 76 FORDHAM LAW REVIEW 1413 (Symposium Issue on Ethics and Evidences; 2007)

Do the Different Approaches to Business and Official Records Found in the CEC and FRE Tell the Whole Story?: Exploring the Differences, Exposing the Expansive Hearsay Exception Hidden in General Applicability Provisions, and Questioning the Efficacy of Unified Evidentiary Rules in Civil and Criminal Cases, SOUTHWESTERN LAW REVIEW (2007)

Comments on Forty Years of Demographic Changes in the Central District of California, 36 SOUTHWESTERN UNIVERSITY LAW REVIEW 215 (2007)

Comments on Child Abuse Litigation in a 'Testimonial' World: The Intersection of Competency, Hearsay and Confrontations after Davis, 82 INDIANA LAW JOURNAL 1009 (2007)

Domestic Violence Cases After Davis: Is the Glass Half Empty or Haft Full, 15 BROOKLYN JOURNAL OF LAW AND POLICY 759 (2007)

Comments on Forty Years of Demographic Changes in the Central District of California and the Impact of Technology on the Vanishing Trial, 36:2 SOUTHWESTERN LAW 215 (2007)

Confrontation Clause Analysis after Davis, 22 CRIMINAL JUSTICE 10 (Spring 2007)

Convicting the Guilty, Acquitting the Innocent: Recently Adopted ABA Policies, CRIMINAL JUSTICE 14 (with A. Taslitz and P. Giannelli; Winter 2006)

Gender-Related Issues in a Post-Booker Federal Guidelines, 37 MCGEORGE LAW REVIEW 691 (2006)

A Primer on Gender Related Issues that Affect Women Offenders, CRIMINAL JUSTICE 4 (Spring 2005)

Domestic Violence, Child Abuse, and Trustworthiness Exceptions After Crawford, 20 CRIMINAL JUSTICE 24 (Summer 2005)

Remember the Ladies and the Children Too: The Impact of Crawford on Domestic Violence and Child Abuse Cases, 71 BROOKLYN LAW REVIEW 311 (2005)

In the Time of Brown: An Interview with Judge Arthur L. Burnett, Sr., CRIMINAL JUSTICE 20 (Fall 2004)

Hot Topics in Confrontation Clause Cases and Creating a More Workable Confrontation Clause Framework Without Starting Over, 21 QUINNIPIAC LAW REVIEW 1013 (2003)

What Does Innocence Have to Do with It?; A Commentary on Wrongful Convictions and Rationality, 4 MICHIGAN STATE LAW REVIEW 1315 (Winter 2003)

Finding the Proper Balance in Hearsay Policy: The Uniform Rules Attempt to Stem the Hearsay Tide in Criminal Cases Without Prohibiting All Nontraditional Hearsay, 54 OKLAHOMA LAW REVIEW 631 (2001)

Introduction, Female Offenders, CRIMINAL JUSTICE MAGAZINE (Spring 2001)

Legal Module, Curriculum for Critical Issues in Managing Women Offenders, NATIONAL INSTITUTE OF CORRECTIONS (May 2001)

Remember the Family: Debunking Myths About Family Ties Departures for Single Mothers, 13 FEDERAL SENTENCING REPORTER 251 (June 2001)

Creating Correctional Alternatives for Nonviolent Women Offenders and their children, 44 SAINT LOUIS UNIVERSITY LAW JOURNAL 377 (2000)

Tainted Verdicts Leave Evidence Debased and Courts Sullied, LOS ANGELES TIMES (February 2000)

Beyond Kumho, The World Experts According to Proposed Federal Rules of Evidence 702 and 703, 2 TORTSOURCE 4 (ABA Section on Torts and Insurance Practice; Spring 2000)

Interview with Former Assistant Attorney General, Laurie Robinson, 15 CRIMINAL JUSTICE MAGAZINE 14 (Summer 2000)

Introduction to Symposium on Evidence Law: Race and Gender in Evidentiary Policy, and the New Courtroom, 28 SOUTHWESTERN UNIVERSITY LAW REVIEW 157 (1999)

Fundamental Change in Criminal Justice System May Be Closer Than We Think, 13 CRIMINAL JUSTICE 1 (Winter 1999)

Severing Family Ties: The Plight of Nonviolent Women Offenders and Their Children, 11 STANFORD LAW AND POLICY REVIEW 133 (Winter 1999) (with L. Acoca)

The Section's Voice in Debating Criminal Justice Policy, 13 CRIMINAL JUSTICE 1 (Spring 1999)

Rethinking Sentencing and Correctional Policy for Nonviolent Drug Offenders, 13 CRIMINAL JUSTICE 1 (Summer 1999)

DNA Case Law Update, CRIMINAL JUSTICE SECTION CLE, UNDERSTANDING DNA (November 1999)

Reading Lilly's Tea Leaves, AALS EVIDENCE SECTION NEWSLETTER and website (November 1999)

Cost-Benefit Analysis, Unintended Consequences, and Evidentiary Policy: A Critique and a Rethinking of the Application of a Single Set of Evidence Rules to Civil and Criminal Cases, 19 CARDOZO LAW REVIEW 1585 (1998)

The Social Worker's Privilege, Victim's Rights and Contextualized Truth, 49 HASTINGS LAW JOURNAL 991 (1998)

The Starr Report as Evidence, AALS EVIDENCE SECTION NEWSLETTER (November 1998)

Juveniles and Use of Technology Top List of Hot Issues, NATIONAL LAW JOURNAL (August 1998)

What the Criminal Justice Section Means to Me, CRIMINAL JUSTICE MAGAZINE (Fall 1998)

The Better Way: The Role of Batterers' Profiles and Expert 'Social Science' Background in Cases Implicating Domestic Violence, 68 UNIVERSITY OF COLORADO LAW REVIEW 147 (1997)

Irrelevancy: It's All in the Eyes of the Beholder, 34 HOUSTON LAW REVIEW 103 (1997)

Montana v. Egelhoff - Reflections on the Limits of Legislative Imagination and Judicial Authority, 87 JOURNAL OF CRIMINAL LAW & CRIMINOLOGY 85 (1997)

O.J. Is On Trial-Not the System, NEW YORK NEWSDAY (January 1997)

Email Discussion Concerning Montana v. Egelhoff, 87 JOURNAL OF CRIMINAL LAW & CRIMINOLOGY 633 (Spring 1997; published in response to article by Ronald J. Allen)

The Admissibility of Prior Acts of Domestic Violence: Simpson and Beyond, 69 SOUTHERN CALIFORNIA LAW REVIEW 1463 (1996)

The Double-Edged Sword: The Admissibility of Battered Woman Syndrome Evidence by and Against Batterers in Domestic Violence Cases, 62 UNIVERSITY OF COLORADO LAW REVIEW 789 (1996)

American Bar Association Criminal Justice Section Report to the House of Delegates, 22 FORDHAM URBAN LAW JOURNAL 344 (1995)

Effect of the Sentencing Guidelines and Mandatory Minimums on Women and Their Children, FEDERAL SENTENCING REPORTER (November/December 1995)

The Forgotten Offender: The Effect of the Sentencing Guidelines and Mandatory Minimums on Women and Their Children, FEDERAL SENTENCING REPORTER (November/December 1995)

DNA: A California Perspective, CRIMINAL JUSTICE MAGAZINE (Fall 1994)

Factoring Violence Against Women Offenders in Federal Sentencing, CALIFORNIA WOMEN LAWYERS NEWS (July/August 1994)

Navigating Between Scylla and Charybdis: Ohio's Efforts to Protect Children Without Eviscerating the Rights of Criminal Defendants – Evidentiary Considerations and the Rebirth of Confrontation Clause Analysis in Child Abuse Cases, 25 UNIVERSITY OF TOLEDO LAW REVIEW 43 (1994)

White's Effect on the Right to Confront One's Accusers, CRIMINAL JUSTICE MAGAZINE (Winter 1993)

Gender and Sentencing: Single Moms, Battered Women, and Other Sex-Based Anomalies in the Gender-Free World of Federal Sentencing Guidelines, 20 PEPPERDINE LAW REVIEW 905 (June 1993)

Gender Issues in the Federal Sentencing Guidelines and Mandatory Minimum Sentences, CRIMINAL JUSTICE MAGAZINE (Fall 1993)

After Batson - Reshaping Voir Dire, CRIMINAL JUSTICE MAGAZINE (Winter 1992)

The Effect of Catch-Alls on Criminal Defendants; Little Red Riding Hood Meets the Hearsay Wolf and Is Devoured, 25 LOYOLA OF LOS ANGELES LAW REVIEW 925 (1992)

The Hearsay Rule at Work: Has It Been Abolished De Facto by Judicial Discretion?, 76 MINNESOTA LAW REVIEW 507 (1992)

Status of Evidence Advisory Committee and Proposed Rule, EVIDENCE SECTION NEWSLETTER (November 1992)

Rethinking the Admissibility of Co-conspirator Statements, CRIMINAL JUSTICE MAGAZINE (Spring 1991)

Confronting the Catch-Alls, CRIMINAL JUSTICE MAGAZINE (Summer 1991)

NAWL's Testimony Before the Federal Courts Study Committee, WOMEN LAWYERS JOURNAL 5 (Summer 1990)

Other

SSRN

Comparing Gender Stereotypes of Female Criminal Defense Counsel when Clara Foltz Practiced and Today, California Supreme Court Historical Society Newsletter (June 2011) (published speech)

Testimony, Concerning Remedies for Wrongful Convictions, California Commission on the Fair Administration of Justice, Oct. 2007, available at http://www.ccfaj.org/documents/reports/incompentence/expert/Raeder%20testimony.pdf

Legal Issues Affecting Women Offenders, DRAFT FOR NATIONAL INSTITUTE OF CORRECTIONS GENDER SPECIFIC PROJECT (March 2001)

The Judge as Gatekeeper in NATIONAL CONFERENCE ON SCIENCE AND THE LAW CONFERENCE PROCEEDINGS (National Institute of Justice Research Forum, July 2000)

The Effect of Gender on the Sentencing Guidelines, Background Paper for Advisory Committee on Criminal Justice Issues, Ninth Circuit Gender Bias Task Force (1992)

Evidentiary Considerations in FAMILY LAW LITIGATION (University of Southern California and Beverly Hills Bar Association Family Law Symposium, 1983) (with others)

Selected Achievements

Honored for 15 years of Service, National Judicial College

Class of 2005, Hunter College Alumni Hall of Fame

Recipient, Ernestine Stalhutt Award, Women Lawyers Association of Los Angeles (2003)

Recipient, Margaret Brent Women Lawyers of Achievement Award, A.B.A. Commission on Women in the Profession (2002)

Chair, Criminal Justice Section, American Bar Association (1998-99)

ABA Representative, National Commission of Uniform State Law Commissioners (1997-98 and 1998-99)

Chair, Evidence Section, Association of American Law Schools (1997)

President, National Association of Women Lawyers (1994-96)

Chair, Women in Legal Education Section, Association of American Law Schools (1982)