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Our History: Former Faculty: Saltzburg, Stephen A. (1972-1990)

Tenured faculty at the University of Virginia School of Law through its history.

Stephen A. Saltzburg, 1972-1990

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Stephen Saltzburg was born in Philadelphia in 1945.  He earned his bachelor’s degree in 1967 from Dickinson College, where he was honored with election to the Raven’s Claw Society. At the University of Pennsylvania Law School, he served as articles editor for the law review and completed his J.D. in 1970. He went on to clerk for District Judge Stanley A. Weigel and Supreme Court Justice Thurgood Marshall. In 1972, he began teaching at the University of Virginia School of Law, specializing in evidence and criminal procedure; he was the first professor to hold the Class of 1962 Endowed Chair.  In 1981, Saltzburg joined with District Judge Herbert J. Stern to co-found the Annual Institute of Trial Advocacy, now known as the National Trial Advocacy College, a partnership between Virginia Continuing Legal Education and the University of Virginia School of Law. Saltzburg has directed the organization since its inception. In 1990, he joined the law faculty at George Washington University, where he founded a master's program in Litigation and Dispute Resolution in 1996. In 2004, GW appointed Saltzburg the Wallace and Beverley Woodbury University Professor of Law.

Saltzburg has served as associate independent counsel during the Iran-Contra investigation in 1987, as deputy assistant attorney general in the criminal division of the Department of Justice, as the Attorney General’s ex-officio representative on the U.S. Sentencing Commission, and as director of the Tax Refund Fraud Task Force, appointed by the Secretary of the Treasury. He has also been a member of the Council of the ABA Criminal Justice Section, the ABA Task Force on Terrorism and the Law, the Task Force on Gatekeeper Regulation and the Profession, and the ABA Task Force on Treatment of Enemy Combatants. He was reporter for and later a member of the Advisory Committee on the Federal Rules of Criminal Procedure and a member of the Advisory Committee on the Federal Rules of Evidence. He was the reporter for, and later chair of, the Civil Justice Reform Act Committee for the District of Columbia District Court. He has served as a special master in two class action cases in the District of Columbia District Court, and continues to serve as a mediator for the U.S. Court of Appeals for the District of Columbia.

Publications

Books

Federal Rules of Evidence Manual (with Kenneth R. Redden) (Michie, 1975; 2d ed. 1977; 3d ed. 1982; 4th ed. 1986).

A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases (with Richard O. Lempert) (West, 1977; 2d ed. 1982).

American Criminal Procedure: Cases and Commentary (West, 1980; 2d ed. 1984; 3d ed. 1988).

Evidence Supplement: Rules, Statutes, Commentary (West, 1980).

Introduction to American Criminal Procedure (West, 1980).

Military Rules of Evidence Manual (with Lee D. Schinasi and David A. Schlueter) (Michie, 1981; 2d ed. 1986).

Alaska Pattern Civil Jury Instructions (with Harvey S. Perlman) (Alaska Bar Association, 1984).

Federal Criminal Jury Instructions (with Harvey S. Perlman) (Michie, 1985).

Using Experts: Pretrial Preparation, Trial Testimony and Settling Cases (with Charles J. Goetz and Gregory P. Joseph) (University of Nebraska College of Law and Nebraska Association of Trial Attorneys, 1985).

Evidence in America: The Federal Rules in the States (with Gregory P. Joseph and the Trial Evidence Committee of the American Bar Association Section of Litigation) (Michie, 1987).

Materials on International Human Rights and U.S. Criminal Law and Procedure (with Hurst Hannum and Richard B. Lillich) (Procedural Aspects of International Law Institute, 1989).

Federal Rules of Evidence Manual (with Michael M. Martin) (Michie, 5th ed. 1990).

Articles and Book Chapters

The Harm of Harmless Error, 59 Va. L. Rev. 988-1032 (1973).

Another Ground for Decision – Harmless Trial Court Errors, 47 Temp. L. Q. 193-227 (1974).

Standards of Proof and Preliminary Questions of Fact, 27 Stan. L. Rev. 271-305 (1975).

Discovering and Applying Foreign and International Law in Domestic Tribunals: An Introduction to the Second Annual Sokol Colloquium, 18 Va. J. Int’l L. 609-618 (1978).

The Federal Rules of Evidence and the Quality of Practice in Federal Courts, 27 Clev. St. L. Rev. 173-194 (1978).

Pleas of Guilty and the Loss of Constitutional Rights: The Current Price of Pleading Guilty, 76 Mich. L. Rev. 1265-1307 (1978); reprinted in 1980 Crim. L. Rev. 357-399.

A Special Aspect of Relevance: Countering Negative Inferences Associated with the Absence of Evidence, 66 Cal. L. Rev. 1011-1060 (1978).

The Unnecessarily Expanding Role of the American Trial Judge, 64 Va. L. Rev. 1-81 (1978).

Problems in Evidential Admissibility, ALI-ABA Course Materials J., Dec. 1979, at 107-118.

Foreword: The Flow and Ebb of Constitutional Criminal Procedure in the Warren and Burger Courts, 69 Geo. L.J. 151-209 (1980).

Privileges and Professionals: Lawyers and Psychiatrists, 66 Va. L. Rev. 597-650 (1980).

The Reach of the Bill of Rights Beyond the Terra Firma of the United States, 20 Va. J. Int’l L. 741-776 (1980).

Virginia’s Model Jury Instructions for Criminal Cases, Va. B. Ass’n J., Spring 1980, at 16-22, 26.

Communications Falling Within the Attorney-Client Privilege, 66 Iowa L. Rev. 811-841 (1981).

Peremptory Challenges and the Clash Between Impartiality and Group Representation (with Mary Ellen Powers), 41 Md. L. Rev. 337-383 (1982).

Burdens of Persuasion in Criminal Cases: Harmonizing the Views of the Justices, 20 Am. Crim. L. Rev. 393-421 (1983).

Frye and Alternatives, 99 F.R.D. 208-222 (1983).

Habeas Corpus: The Supreme Court and the Congress, 44 Ohio St. L.J. 367-391 (1983).

Tactics of the Motion in Limine, Litigation, Summer 1983, at 17-21, 63.

Corporate and Related Attorney-Client Privilege Claims: A Suggested Approach, 12 Hofstra L. Rev. 279-321 (1984).

Corporate Attorney-Client Privilege in Shareholder Litigation and Similar Cases: Garner Revisited, 12 Hofstra L. Rev. 817-848 (1984).

Motions in Limine in Criminal Cases, in Fifteenth Annual Criminal Law Seminar II-1 to II-4 (Virginia Law Foundation, 1985).

Another Victim of Illegal Narcotics: The Fourth Amendment (As Illustrated by the Open Fields Doctrine), 48 U. Pitt. L. Rev. 1-25 (1986).

Impeachment of Witnesses and the Federal Rules of Evidence, 22 Crim. L. Bull. 101-117 (1986).

Lawyers, Clients, and the Adversary System, 37 Mercer L. Rev. 647-700 (1986).

Miranda v. Arizona Revisited: Constitutional Law or Judicial Fiat, 26 Washburn L.J. 1-26 (1986).

The Required Records Doctrine: Its Lessons for the Privilege Against Self-Incrimination, 53 U. Chi. L. Rev. 6-44 (1986).

National Security and Privacy: of Governments and Individuals under the Constitution and the Foreign Intelligence Surveillance Act, 28 Va. J. Int’l L. 129-155 (1987).

National Security and the Fourth and Fifth Amendments, in National Security Law 1001-1032 (John Norton Moore et al. eds., Carolina Academic Press, 1990).

Other

Review of Green, The Closed Enterprise System, 121 U. Pa. L. Rev. 176-185 (1972).

Testimony, in Representation for the District of Columbia 117-125 (Committee on the Judiciary, U.S. House of Represnetatives, Hearing, Oct. 6, 1977).

Testimony, in District of Columbia Representation in Congress 249-264 (Committee on the Judiciary, U.S. Senate, Hearing, Apr. 28, 1978).

Foreword, in Jyh-Pin Fa, A Comparative Study of Judicial Review under Nationalist Chinese and American Constitutional Law iii-iv (Occasional Papers/Reprint Series in Contemporary Asian Studies, 1980).

The Federal Rules of Evidence and the Continuing Education of Lawyers and Judges, Va. L. Sch. Rep., Winter 1981, at 6-9.

Trial Advocacy Institutes: Peak Performances, Va. L. Sch. Rep., Spring 1982, at 10.

Adversary System, in 1 The Guide to American Law: Everyone’s Legal Encyclopedia 108 (West, 1983).

Discovery, in 2 Encyclopedia of Crime and Justice 617-623 (Sanford H. Kadish ed., Free Press, 1983).

Trial Advocacy Institutes, Va. L. Sch. Rep., Summer 1983, at 27-32.

Custodial Interrogation, in 4 The Guide to American Law: Everyone’s Legal Encyclopedia 7-8 (West, 1984).

Harmless Error, in 6 The Guide to American Law: Everyone’s Legal Encyclopedia 8-9 (West, 1984).

Inquisitional System, in 6 The Guide to American Law: Everyone’s Legal Encyclopedia 187-188 (West, 1984).

Presumption of Innocence, in 8 The Guide to American Law: Everyone’s Legal Encyclopedia 265 (West, 1984).

Search Warrant, in 9 The Guide to American Law: Everyone’s Legal Encyclopedia 151-152 (West, 1984).

Understanding the Jury with the Help of Social Science (reviewing Hastie, Penrod & Pennington, Inside the Jury), 83 Mich. L. Rev. 1120-1140 (1985).

Evidence Developments in the 3d Circuit (with Frederick B. Lacey), N.J. L.J., Dec. 25, 1986, at 1, 20-22.

Reasonable Doubt, in 3 Encyclopedia of the American Constitution 1525-1526 (Leonard W. Levy et al. Eds., Macmillan, 1986).

Statement, in Constitutional and Economic Issues Raised by D.C. Statehood 101-109 (Committee on the District of Columbia, U.S. House of Representatives, May 13, 1986).