Mark P. Denbeaux
Professor of Law
Professor Mark Denbeaux, one of Seton Hall's most senior faculty members, is also the Director of the Seton Hall Law School Center for Policy and Research, which is best known for its dissemination of the internationally recognized series of reports on the Guantánamo Bay Detention Camp. Professor Denbeaux's interest in the conditions of detainment arose from his representation of two detainees there. Following his visits to GITMO, and his participation in amicus briefs arising from the rules governing the hearings for "enemy combatants," Professor Denbeaux realized the need for an analysis of the government's assumptions and the principles governing the detention process. The Guantánamo report series is primarily produced by Seton Hall Law students of all levels. Several graduates have remained research fellows, as well.
PUBLICATIONS
LAW REVIEW ARTICLES
The Attorney Client Relationship in Guantanamo Bay, 30 Fordham International Law Journal 491 (2007) (with Boyd-Nafstad)
Kumho Tire and Expert Reliability: How the Question You Ask Gives the Answer You Get, 34 Seton Hall L. Rev. (2003) (with Risinger)
Brave New “Post- Daubert World”--A Reply to Professor Moenssens, 29 Seton Hall L. Rev. 405 (1998) (with Risinger and Saks)
Exorcism of Ignorance as a Proxy for Rational Knowledge: The Lessons of Handwriting Identification"Expertise", U. of Pa. L. Rev. (1989) (with Risinger & Saks)
The First Word of the First Amendment, Northwestern University L. Rev. (1988)
Questioning Questions: Problems of Form in the Interrogation of Witness, 33 Arkansas L. Rev. 439 (1980) (with Risinger)
Restitution and Mass Actions: A Solution to the Problems of Class Actions, 10 Seton Hall L. Rev. 273 (1979)
Trust, Cynicism, and Machiavellianism Among First Year Law Students, 53 J. of Urban Law 397 (1976)
CENTER PUBLICATIONS
DOD Contradicts DOD: An Analysis of the Response to Death in Camp Delta, (February 2010) (Co-Authors & Research Fellows: Brian Beroth, Scott Buerkle, Sean Camoni, Meghan Chrisner, Adam Deutsch, Jesse Dresser, Michelle Fish, Marissa Litwin, Michael McDonough, Michael Patterson, Shannon Sterritt, Kelli Stout, Paul Taylor)
Death in Camp Delta, (December 2009) (Co-Authors & Research Fellows: Brian Beroth, Scott Buerkle, Sean Camoni, Meghan Chrisner, Adam Deutsch, Jesse Dresser, Doug Eadie, Michelle Fish, Marissa Litwin, Michael McDonough, Michael Patterson, Shannon Sterrit, Kelli Stout, Paul Taylor)
Torture: Who Knew An Analysis of the FBI Department of Defense Reactions to Harsh Interrogation Methods at Guantanamo, (April 2009) (Joshua Denbeaux, R. David Gratz. With Megan Sassaman, Daniel Mann, Mathew Darby, Michael Ricciardelli, Jennifer Ellick, Grace Brown, Jillian Camarote, Douglas Eadie, Daniel Lorenzo, Mark Muoio, Courtney Ray)
Released Guantanamo Detainees of the Department of Defense: Propaganda by the Numbers?, (January 2009) (Joshua Denbeaux, R. David Gratz. Co-Authors & Research Fellows: Daniel Lorenzo, Mark Muoio, Grace Brown, Jullian Camarote, Douglas Eadie, Jennifer Ellick, Paul Taylor, Adam Deutsch, Michael Patterson, Gabrielle Hughes and Michelle Fish)
Justice Scalia, the Department of Defense, And the Perpetuation of an Urban Legend: The Truth About the Alleged Recidivism of Released Guantanamo Detainees, (June 2008) (Joshua Denbeaux, R. David Gratz, Co-Authors & Research Fellows: Daniel Lorenzo, Mark Muoio, Grace Brown, Jennifer Ellick, Jullian Camarote, Douglas Eadie, and Paul Taylor)
Captured On Tape: Interrogation and Videotaping of Detainees in Guantanamo, (February 2008) (Joshua Denbeaux, R. David Gratz, Jennifer Ellick, Michael Ricciardelli, Matthew Darby)
The Meaning of "Battlefield" An Analysis of the Government's Representations of "Battlefield Capture and "Recidivism" of the Guantanamo Detainees, (December 2007) (Joshua Denbeaux, R. David Gratz, Co-Authors & Research Fellows: Grace Brown, Jullian Camarote, Douglas Eadie, Jennifer Ellick, Daniel Lorenzo, Mark Muoio, Courtney Ray and Nebroisa Zlatanovic)
The 14 Myths of Guantanamo: Senate Armed Services Committee Statement of Mark P. Denbeaux, (April 2007)
No-Hearing Hearings CSRT: The Modern Habeas Corpus? An Analysis of the Proceeding of the Government's Combatant Status Review Tribunals at Guantanamo, (November 2006) (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner)
June 10th Suicides at Guantanamo: Government Words and Deeds Compared, (August 2006) (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner)
The Guantanamo Detainees During Detention: Data From Department of Defense Records, (July 2006) (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman, Helen Skinner)
Profile of Released Guantanamo Detainees: The Government's Story Then and Now, (Joshua Denbeaux, R. David Gratz, Co-Authors & Research Fellows: Adam Deutsch, James Hlavenka, Gabrielle Hughes, Brianna Kostecka, Michael Patterson, Paul Taylor, Anthony Torntore)
Second Report on the Guantanamo Detainees: Inter- and Intra-Departmental Disagreements About Who Is Our Enemy, (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann and Helen Skinner)
Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department of Defense Data, (Joshua Denbeaux, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann and Helen Skinner)
CASE BOOKS
New Jersey Evidentiary Foundations, The Michie Company (with Arseneault and Imwinkelried)
BOOKS AND BOOK CHAPTERS
The Guantanamo Lawyers: Inside a Prison Outside the Law, in Amazon/NYU Press (2009) (Edited with Jonathan Hafetz)
New Jersey Evidentiary Foundations, in (The Michie Company, 1995) (with Arseneault and Imwinkelried)
Trial Evidence, in (I.C.L.E., 1978) (with Risinger)