Fall 2016


Inside This Issue

Chair’s Message


Member News

Member Book Notes



Chair’s Message

Laurent Sacharoff

(University of Arkansas School of Law – Fayetteville)

I again write with news of our section, including some new, exciting initiatives.

AALS Programming

This year we will host two great panels at the annual meeting in San Francisco. First, we present “The Challenge of Crime in a Free Society” – Fifty Years Later, at 1:30 pm on Thursday, Jan. 5. This presidential-commission report provided a lengthy and often quite detailed assessment of the nation’s criminal justice system 50 years ago; this panel will discuss how and why the nation deviated from many of the progressive proposals advanced by Commission. Thanks to Wayne Logan (Florida State) for organizing.

Our second panel, organized by Ed Chang (Vanderbilt), is entitled False Confessions in Context, and will be held on Saturday, Jan. 7 at 10:30 am. The panel will consider the psychological literature, empirical studies on proven false confessions, the science of false confession expert testimony under Daubert, and the view from how courts actually assess and admit expert testimony.

We are also co-sponsoring two panels: first, a panel on the legalization of marijuana, entitled Marijuana Law 2017: Federalism, Criminal Justice, and Health Care, at 8:30 am on Friday, Jan. 6, and second, Competence Revisited: The Changing Role of Mental Capacity in Criminal and Immigration Proceedings, at 1:30 pm on Friday, Jan. 6.

We will also host a works-in-progress event on Wednesday, Jan. 4 at 3:30 pm, where junior scholars will workshop their papers.

In addition to these formal events, we will be hosting a happy hour in the Cityscape Bar (which is located in the Hilton) at 5:30 pm on Thursday Jan. 5.

Finally, we will hold our business meeting at our luncheon at noon on Thursday, Jan. 5.  We hope to see everyone there.

New Initiatives

First, this year we have begun a formal mentoring program, matching senior scholars with new criminal law faculty. These senior faculty will read papers, discuss teaching and provide career advice—from a new faculty member’s first year up through tenure. They will try to meet, in person at AALS or by phone, twice a year. I want to thank Carissa Byrne Hessick for putting together this program.

Second, our new webpage is very close to launch. It will include a photo gallery of past conferences, these and past newsletters, resources for new faculty, teaching resources, and so on. Please email any teaching or research links you would like included on the webpage to [email protected].

Third, as noted below, we are excited to be holding a midyear meeting this summer, 2017, and will be soliciting for papers and panels in the new year.

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Criminal Justice Section to Host Midyear Meeting, June 11-14, 2017 in Washington DC

The Criminal Justice Section is pleased to announce that it will host a Midyear Meeting this June at American University’s Washington College of Law in Washington DC.


Criminal Justice Section Junior Scholars Paper Competition


The Criminal Justice Section is pleased to announce that Mila Sohoni (San Diego) won the 2016 CJS Junior Scholars Paper Competition for her paper “Crackdowns.”

In addition, the following junior scholars were named finalists for this year’s competition: Aliza Cover (Idaho) for her paper “The Eighth Amendment’s Lost Jurors,” Daniel Epps (Wash U) for his paper “Adversarial Asymmetry in the Criminal Process,” and Andrea Roth (UC Berkeley) for her paper “Machine Testimony.”

The Executive Committee reviewed a large number of high quality papers for this year’s competition.  And the Committee is grateful to the following Section Members for their willingness to help review and judge those papers: Doug Berman (Ohio State), Jenny Carroll (Alabama), Andrew Ferguson (UDC), Gregory Gilchrist (Toledo), Erik Luna (Arizona State), Tracey Maclin (BU), Michael Mannheimer (Northern Kentucky), and Wesley Oliver (Duquesne).


CrimFest 2017

CrimFest 2017 will be held at the 2017 AALS Midyear Meeting.  Our ordinary workshop panels will be scheduled during the Midyear Meeting.  CrimFest will resume its ordinary programming in Summer 2018.  Questions about CrimFest should be directed to [email protected]


Vanderbilt Law School Annual Criminal Justice Roundtable

The Criminal Justice Program at Vanderbilt Law School sponsored a roundtable on November 10-11, featuring papers by Fiona Doherty (Yale); Mary Fan (Wash. U.); Aya Gruber (Colorado); Eric Miller (Loyola, L.A.); Wesley Oliver (Duquesne); and Ron Wright (Wake Forest), and commentary from Thomas Clancy (Miss.); Andrew Crespo (Harvard); Nancy King (Vanderbilt); Sara Mayeux (Vanderbilt); Richard McAdams (Chicago); Rob Mikos (Vanderbilt); Richard Myers (UNC); and Chris Slobogin (Vanderbilt).

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Member News

Awards, Appointments, Moves, Promotions, Publications, & Other Notable Achievements.  (Book Notes follow Member News in a separate section.)

Susan A. Bandes, DePaul University College of Law, was elected to the American Law Institute.  Susan was listed as one of the top twenty most cited scholars in the fields of criminal law and procedure in Brian Leiter’s most recent report.  Susan’s article, “What Executioners Can—and Cannot—Teach Us About the Death Penalty,” is forthcoming in Criminal Justice Ethics (and responds to a piece by Jeffrie Murphy in the most recent issue of Criminal Justice Ethics). The online abstract is here. The author’s final version is available here.  If you would like a pdf of the published version, please contact Susan directly.  The Integrity of Criminal Process: From Theory into Practice (Hunter, Roberts, Young and Dixon eds. 2016) has been published by Hart, including Susan’s chapter “Remorse and Demeanor in the Courtroom: Cognitive Science and the Evaluation of Contrition.”  The Expression of Emotion: Philosophical, Psychological and Legal Perspectives (Abell and Smith eds. 2016) has been published by Cambridge, including Susan’s chapter “Share Your Grief but Not Your Anger: Victims and the Expression of Emotion in Criminal Trials.”

Shima Baradaran Baughman, University of Utah, S.J. Quinney Law School, is pleased to report that her article, Subconstitutional Checks (Notre Dame Law Review) and her article, Costs of Pretrial Detention (Boston University Law Review) are both forthcoming in 2017. She was pleased to moderate the 33rd Annual Fordham debate on the legalization of marijuana with Paul Butler and Kevin Sabet, give a faculty workshop at UC Hastings, and to be cited in Slate on Trump’s sexual assault liability, and in New Republic on the blinding of prosecutors.

Bennett Capers, Brooklyn Law School, has been enjoying his visit in Austin at Texas Law School (Fall 2016).  His recent and forthcoming publications include Race, Technology, and Policing, __ N.C. L. Rev. __ (2017), Policing, Technology, and Doctrinal Assists, __Fla. L. Rev. __ (2017), Rape, Truth, and Hearsay, __ Harv. J. L. & Gender __ (2017), The Under-Policed, 51 Wake Forest L. Rev. 589 (2016), and The Prosecutor’s Turn, 57 Wm & Mary L. Rev. 1277 (2016).  Last year, he was again voted Teacher of the Year at Brooklyn Law School.

Edward K. Cheng, Vanderbilt Law School, has a new podcast on evidence law, Excited Utterance.  The podcast consists of ~25 minute interview segments released on a weekly basis throughout the academic year.  Each episode focuses on a recent scholarly piece, and the interview gives the guest author an opportunity to explore the ideas in his or her work.  He hopes that the new podcast will provide a convenient and efficient way for us to promote and distribute ideas.  Excited Utterance is available on iTunes and Google Play, as well as at www.excitedutterancepodcast.com.

Frank Rudy Cooper, Suffolk University Law School, gave the Clason lecture at Western New England School of Law on October 31, 2016.


Clark D. Cunningham, Georgia State College of Law, published in October Apple and the American Revolution: Remembering Why We Have the Fourth Amendment, 126 Yale Law Journal Forum 218  (2016) and three related on-line essays: Feds: We can read all your email, and you’ll never know, The Conversation (Sep. 21, 2016); In getting ‘new’ Clinton emails, did the FBI violate the Constitution?, The Conversation (Oct. 29, 2016); and Restoring transparency and fairness to the FBI investigation of Clinton emails, The Conversation (Oct. 31, 2016). In connection with this work he has created an extensive website on the FBI v Apple controversy, the pending Microsoft lawsuit against DOJ challenging email search gag orders, and current Congressional initiatives regarding searches of electronically stored information.

After spending much of the last academic year at the Max Planck Institute for Foreign and International Criminal Law, a visit sponsored by the German-Academic Exchange Service, Nora Demleitner, Washington & Lee, is the Boden Visiting Professor at Marquette University Law School this. Last January she joined the Board of the Prison Policy Initiative (PPI), one of the premier criminal justice advocacy groups in the country. She is also now on the editorial board of the Polish Law Review (Gdansk, Poland).  Her recent publications include: Time Off for Good Behavior, in The Wiley Encyclopedia of Corrections (Kent R. Kerley et al., eds.; Wiley Blackwell: forthcoming late 2016/early 2017); Collateral Sanctions and American Exceptionalism: A Comparative Perspective, in American Exceptionalism in Crime and Punishment (Kevin Reitz ed.; Oxford University Press: forthcoming early 2017); Judicial Challenges to the Collateral Impact of Criminal Convictions — Is True Change in the Offing?, 91 New York University Law Review Online 150 (Nov. 2016); Implementing Change in Sentencing and Corrections: The Need for Broad-Based Research, 28(5) Federal Sentencing Reporter (June 2016); How to Change the Philosophy and Practice of Probation and Supervised Release: Data Analytics, Cost Control, Focus on Reentry, and a Clear Mission, 28(4) Federal Sentencing Reporter 231 (April 2016).  Her presentations include: “Punishment, Surveillance or Reintegration?,” International Conference: Establishing a Global Knowledge Network: ISIS as a Threat and Legal Challenge and the Prevention of Recruitment, Dubrovnik, Croatia  (April 2016); “Risikokontrolle von Straftätern durch elektronische Mittel,” Universität Göttingen, Germany (Feb. 2016); “‘From Mass Imprisonment to Mass Supervision (?)’ — Sentencing in the United States,” Max Planck Institute for Foreign and International Criminal Law (Freiburg, Germany, Jan. 2016).

Hillary B. Farber, University of Massachusetts School of Law, has written Keep Out! The Efficacy of Trespass, Nuisance and Privacy Torts as Applied to Drones, 33 Ga. St. U. L. Rev. __ (2016) . The article builds on Professor Farber’s exploration of drone technology and its impact on fundamental privacy interests. Keep Out concludes that existing torts fall short of providing adequate redress when it comes to unmanned aerial surveillance by private actors. This finding makes the new legislation being proposed on unmanned aircraft essential.

Linda Fentiman, Elisabeth Haub School of Law at Pace University, is the author of the new book, Blaming Mothers: American Law and the Risk’s to Children’s Health (New York University Press, publication February 2017).  Last June, Linda spoke at the Law and Society Association Annual Meeting, “Are Non-Vaccinating Parents the New Faith Healers? Historical Prosecutions, an Evolving Constitutional Landscape, and the Challenge of the RFRA.”

Andrew Guthrie Ferguson, UDC David A. Clarke School of Law recently published two articles, Policing Criminal Justice Data, 101 Minnesota L. Rev. 711 (with Wayne Logan) (2016) and Predictive Prosecution, 51 Wake Forest L. Rev. 705 (2016) (symposium essay).  His article The Miranda App: Metaphor and Machine (with Richard Leo) will be published in the Boston University Law Review symposium issue honoring the 50th Anniversary of Miranda v. Arizona.

James Forman, Yale Law School, is visiting at Stanford this year, teaching one seminar on race and the criminal justice system and another on race, class, and public education.  He recently shifted from a clinical to a non-clinical position at Yale. Finally, his book Locking Up Our Own: Crime and Punishment in Black America, will be released April 18. He will be doing lots of traveling to talk about the book, so if any section members want him to come speak to their class, send him a note at [email protected]

Kenneth S. Gallant, Univeristy of Arkansas, Little Rock, presided at meetings of lawyers at the International Criminal Court in the Hague, Netherlands, which created a Bar Association for the International Criminal Court. Professor Gallant had previously been a member of the Drafting Committee to prepare the draft Constitution and was a member of the Interim Board of the ICCBA—a position that concluded with the election of officers at the first General Assembly. This work grew out of a presentation that Professor Gallant and other lawyers from a number of countries made on Organizing a Bar or Bar Association for the International Criminal Court, at the Experts’ Conference on Organization of Counsel, sponsored by the Registry of the International Criminal Court, the Hague, Netherlands, March 24-25, 2015.  Professor Gallant is also a member of the Executive Committee of the International Criminal Bar, an independent organization of lawyers and Bars from around the world which has advocated for projects like the ICCBA to support and improve representation of accused persons and victims at the ICC.  Ken Gallant is also a member of the International Criminal Court Disciplinary Appeals Panel.  This panel hears appeals from decisions on matters of discipline for violation of the ICC Code of Conduct for Counsel—i.e., for lawyers for suspects, accused persons, and victims at the ICC.

Cynthia Godsoe, Brooklyn Law School, had her work-in-progress, Relational Crime, chosen for the Harry Krause Emerging Family Law Scholars Workshop at the University of Illinois Law School (May 2016). She also presented Relational Crime at CrimFest 2016. Cynthia participated in the 2016 Criminal Justice Ethics Schmooze at Cardozo Law School (June 2016) where she presented a short work-in-progress, Balancing Client Dignity and Mitigation in Juvenile Defense.

Carissa Byrne Hessick joined the faculty at the University of North Carolina School of Law in July as the Ransdell Distinguished Professor of Law.  She recently published Towards a Theory of Mitigation in the Boston University Law Review (with Doug Berman), as well as three symposium essays: Betterman v. Montana and the Underenforcement of Constitutional Rights at Sentencing in the Ohio State Journal of Criminal Law, Child Pornography Sentencing in the Sixth Circuit in the University of Dayton Law Review, and Johnson v. United States and the Future of the Void-for-Vagueness Doctrine in the NYU Journal of Law and Liberty.  Carissa will finish her service as Secretary for the AALS Criminal Justice Section in January, and she is delighted that someone else will be responsible for drafting the next newsletter!


Adam Kolber, Brooklyn Law School, has joined the editorial board of Criminal Law and Philosophy and published: The Bumpiness of Criminal Law in 67 Alabama Law Review 855 (2016); Free Will as a Matter of Law in Philosophical Foundations of Law and Neuroscience (Michael Pardo & Dennis Patterson eds., 2016), Oxford University Press; and Two Views of First Amendment Thought Privacy in 18 University of Pennsylvania Journal of Constitutional Law 1381 (2016).

Joan H. Krause, University of North Carolina School of Law, published the following: Leslie C. Griffin & Joan H., Krause, Practicing Bioethics Law (Foundation Press 2015); Truth, Falsity, and Fraud:  Off-Label Drug Settlements and the Future of the Civil False Claims Act, 71 Food & Drug L.J. 401 (2016); Off-Label Drug Promotion and the Ephemeral Line Between Marketing and Education, 2 J.L. & Biosciences 705 (2015),.

Kevin Lapp, Loyola Law School, will publish Taking Back Juvenile Confessions, 64 UCLA L. Rev. — (forthcoming 2017), which considers whether a rule akin to contract law’s infancy doctrine should be incorporated into interrogation doctrine, allowing juveniles to retract waivers of their Fifth Amendment privilege against self-incrimination.

Cynthia Lee, George Washington University Law School, published Race, Policing, and Lethal Force: Remedying Shooter Bias with Martial Arts Training, 79 Law & Contemp. Probs. 145 (2016). She presented this paper at SEALS (Southeastern Association of Law Schools) in August 2016.

Richard Leo, University of San Francisco, has recently published: “The Path to Exoneration,” Albany Law Review (with Jon Gould); “Her Story, His Story: Sexual Miscommunication, Motivated Remembering, and Intoxication as Pathways to Honest False Testimony Regarding Sexual Consent” in Ros Burnett, Ed. (2016). Wrongful Allegations of Sexual and Child Abuse (With Guillermo Villalobos and Deborah Davis); “Police Interrogation and False Confessions in Rape Cases” in Roy Hazelwood and Ann Burgess, Eds.  Practical Rape Investigation: A Multidisciplinary Approach; “False Confessions in the 21st Century” The Champion (with Brian Cutler); and “When Exoneration Seems Hopeless: the Special Vulnerability of Sexual Abuse Suspects to False Confession” in Ros Burnett, Ed. (2016).  Wrongful Allegations of Sexual and Child Abuse (with Deborah Davis).  His forthcoming publications include: “The Criminology of Wrongful Conviction: A Decade Later.”  Forthcoming in the Journal of Contemporary Criminal Justice; “Has the Innocence Movement Become an Exoneration Movement? The Risks and Rewards of Redefining Innocence.”  Forthcoming in Daniel Medwed, Ed. (2017) Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent; “A Damning Cascade of Errors,” Forthcoming in Fiona Bookman, Ed. (2017).  Handbook on Homicide (with Deborah Davis); “What Innocence Means Today and Why It Matters,” forthcoming in the Florida Law Review as a larger essay entitled, “Voices on Innocence” (with Lucian Dervan, Meghan Ryan, Valena Beety, Gregory Gilchrist and William Berry); and “Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror” Forthcoming in Scott Anderson and Martha Nussbaum, Eds.(2017). Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today (with Alexa Koenig).  All of his papers and publications are available for free download at: http://ssrn.com/author=1020356

Cortney Lollar, University of Kentucky College of Law, is pleased to report that her article, Criminalizing Pregnancy, available here, was accepted for publication at the Indiana Law Journal (forthcoming 2017). She also recently testified before the Judicial Conference of the United States’ Ad Hoc Committee to Review the Criminal Justice Act Program (also known as the “Cardone Commission”) regarding the efficacy of the current system of indigent defense at the federal level.

This past August, Lauren Sudeall Lucas became the founding faculty director of the new Center for Access to Justice at Georgia State University College of Law. The Center was created to shine a light on the specific obstacles to equal access to justice in the South and will serve as a regional and national base for the study of how lower-income individuals interact with the civil and criminal justice systems. The center’s mission is three-fold: collaboration across disciplines, and between academics, practitioners, and law and policymakers; research and advocacy; and education and community outreach.

Eric J. Miller was appointed Leo J. O’Brien Fellow at Loyola Law School, Los Angeles, and Co-Chair of the Committee on Promoting Specialized Courts, which is part of the ABA Judicial Division’s Lawyer’s Conference. He is currently spending the academic year visiting at Washington University in St. Louis School of Law (Fall 2016-Spring 2017). His article, Encountering Resistance: Non-Compliance, Non-Cooperation and Procedural Justice, has recently been published in U. Chicago Legal Forum 295 (2016), and a book chapter, A Fair Cop and a Fair Trial will appear in Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms (John Jackson & Sarah Summers, eds.) (forthcoming 2016). In addition, Eric presented papers at the Obstacles to Fairness in Criminal Proceedings MLR Seminar at the Centre for Criminal Justice Research at the University of Nottingham School of Law, England, UK, on September 1-2, 2016, at the Workshop in Politics, Ethics, and Society at Washington University in St. Louis on October 21, 2016, at the Philosophy of Criminal Procedure Conference at the Osgoode Hall Law School, York University, Ontario, Canada on November 4-6, 2016, at the Vanderbilt Law School Annual Criminal Justice Round Table on November 11-12, 2016 and at workshops at Saint Louis University School of Law and Washington University in St. Louis School of Law in November 2016

Carolyn Ramsey, University of Colorado Law School, recently published The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015).  She is working on a new article about domestic violence, guns, and gun control, which she will present at the Law and Society Association Annual Meeting in Mexico City in June 2017.  She continues to serve as Reporter for the Tenth Circuit Criminal Pattern Jury Instructions Committee and is researching the legal history of public responses to intimate-partner violence for a book project.

Geary S. Reamey, St. Mary’s University School of Law, published “The Truth Might Set You Free: How the Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, or Not,” in Vol. 48 of the Texas Tech Law Review.  He also recently published a new book, “Principles of Texas Criminal Law,” and just received a San Antonio Bar Association Pro Bono Award as Volunteer Attorney of the Year (honorable mention).

Anna Roberts, Seattle University School of Law, published Reclaiming the Importance of the Defendant’s Testimony: Prior Conviction Impeachment and the Fight Against Implicit Stereotyping with the University of Chicago Law Review. She also accepted an invitation to contribute a chapter entitled “Jurors’ Reactions to Implicit Biases: Are Informational Interventions Effective? to an Oxford University Press book, Criminal Juries in the 21st Century: Psychological Science and the Law, slated for publication in 2018.

Susan D. Rozelle became the Associate Dean for Academic Affairs at Stetson University College of Law, and chairs the newly-created AALS Section for Associate Deans.  She presented “Keep Tinkering: the Optimist and the Death Penalty,” at the University of Arkansas Law Review Symposium on the Future of the Death Penalty in October.

Laurent Sacharoff, University of Arkansas School of Law, published Conspiracy as Contract, 50 U.C. Davis L. Rev. 405 (2016).

Kenneth W. Simons, University of California, Irvine School of Law, has published the following: Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment, J Neuroscience 36(36): 9420-9434; doi:10.1523/JNEUROSCI.4499-15.2016 (peer-reviewed). Co-author with Matthew Ginther, Richard Bonnie, Morris Hoffman, Francis Shen, Owen Jones, and Renee Marois; Reluctant Pluralist: Moore on Negligence, in Festschrift for Michael Moore (Kimberley Ferzan & Stephen Morse eds., Oxford: Oxford University Press) (2016); Punishment and Blame for Culpable Indifference, Inquiry: An Interdisciplinary Journal of Philosophy 58:2, 143-167 (2015) (symposium issue).

Charisa Smith, University of Wisconsin Law School, recently made the following presentations: Safe Sexting and Minors – Workshop on Sex, Violence & Vulnerability at Emory School of Law (Nov. 2016),  Annual CrimProf Conference (July 2016),  Lutie Lytle Writing Workshop (July 2016),  Family Law Scholars Workshop (June 2016); No Quick Fix: The Failure of Criminal Law and the Promise of Civil Law Remedies for Domestic Child Sex Trafficking – Law and Society Assoc. Annual Meeting (June 2016, 71 U. Miami L. Rev. 1 (2016).  She also served as a Visiting Scholar at Emory Law School with the Feminism and Legal Theory Project and the Vulnerability and the Human Condition Initiative (Nov. 2016).

Carol Steiker, Harvard Law School, and Jordan Steiker, the University of Texas School of Law, released their book Courting Death: The Supreme Court and Capital Punishment (the Belknap Press of Harvard University Press 2016) in November.  They will be discussing it at events in Boston, New York, Philadelphia, Baltimore, Washington D.C., and Austin between November and February.

Melissa Tatum, University of Arizona, worked with the Pascua Yaqui Tribe as it implemented the Special Domestic Violence Criminal Jurisdiction provisions of the 2013 Violence Against Women Act. Those experiences also led her to co-author (with Alfred Urbina, the Pascua Yaqui Tribe’s Attorney General) a Practical Guide to Implementing VAWA 2013 and On-the-Ground VAWA Implementation: Lessons from the Pascua Yaqui Tribe, 55 Judges’ Journal 8 (ABA 2016). She also spoke on these issues in Setting the Stage: Statutes, Requirements, and Issues, as part of a panel on The Continuing Development of Tribal Criminal Jurisdiction, at the April 2016 Federal Bar Association Indian Law Conference April 2016. Finally, she co-authored a Guide for Drafting or Revising Tribal Laws to Implement the Tribal Law and Order Act and the Violence Against Women Reauthorization of 2013 (Tribal Law and Policy Institute 2015) (with Maureen L. White Eagle and Chia Halpern Beetso) and Human Rights, Indigenous Peoples, and the Pursuit of Justice 34 Yale Law & Policy Rev. 351 (2016) (co-authored with Dr. Jennifer Hendry).

George Thomas, Rutgers, co-authored an article with Reid Weisbord, in 96 B.U. L. Rev. 1617 (2016), entitled “Judicial Sentencing Error and the Constitution.”

Sandra Guerra Thompson, University of Houston, gave an interview on her book, Cops in Lab Coats: Curbing Wrongful Convictions through Independent Forensic Laboratories (Carolina Academic Press 2015), for Vanderbilt Professor Ed Cheng’s evidence podcast called “Excited Utterance.”   The book was also the subject of book reviews by UVA Professor Brandon Garrett (Boston Review, March 2016) and WV Professor Valena Beety (Ohio St. J. Crim. L. 2016).  The book was also recently cited by the President’s Council of Advisors on Science and Technology in the group’s report on the state of forensic science.  She has also published two invited symposium articles this year: Building the Infrastructure for “Justice through Science”: The Texas Model, 119 W. Virginia L. Rev. 100 (2016) (with N. Casarez) and Do Prosecutors Really Matter? A Proposal to Ban One-Sided Bail Hearings, 44 Hofstra L. Rev. 1161 (2016).  She chaired the transition team’s criminal justice committee for newly-elected Houston Mayor Sylvester Turner.  She also recently gave invited testimony before two Texas legislative committees on the subjects of racial profiling and the need for bail reform.  As director of the Criminal Justice Institute at the University of Houston Law Center, she also hosted one of five U.S. meetings during the recent visit of the United Nations Working Group on Arbitrary Detention.


Michael Vitiello, McGeorge School of Law, has the following forthcoming publications: Justice Scalia’s Eighth Amendment Jurisprudence:  An Unabashed Foe of Criminal Defendants, 50 Akron L. Rev. (forthcoming Dec. 2016); Legalizing Marijuana and Abating Environmental Harm: An Overblown Promise? 50 U.C. Davis L. Rev. (forthcoming  Jan. 2017); Bargained-for-Justice:  Lessons from the Italians, 48 U. Pac. L. Rev. 221 (forthcoming, Jan. 2017).


Ellen Yaroshefsky, Hofstra University, was inducted as the Howard Lichtenstein Distinguished Professor of Legal Ethics and the Director of the Monroe Freedman Institute for the Study of Legal Ethics on October 19, 2016.  The Institute sponsored A Conversation with Dean Strang, lawyer for Steven Avery in the Netflix series, Making a Murderer. Strang’s remarks, How Can You Defend THOSE people is available on the Freedman Institute website.   The Institute will send 4 students to Louisiana to work in conjunction with a criminal defense expert to prepare data for use in a lawsuit challenging the lack of counsel for defendants in Louisiana.  Professor Yaroshefsky’s recent publications include: Prosecutorial Accountability 2.0 (with Bruce A. Green), Notre Dame L Rev (forthcoming); Duty of Outrage: The Defense Lawyer’s Obligation to Speak Truth to Power to the Prosecutor and the Court When the Criminal Justice System is Unjust, 44 Hofstra L. Rev 1027.
Steve Zeidman, CUNY School of Law, published What Public Defenders Don’t (Have to) Tell Their Clients, 20 CUNY L. Rev. F. __ (Nov. 11, 2016), , and was appointed to the American Bar Association Criminal Justice Section Council.

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Member Book Notes


Shima Baradaran Baughman, University of Utah, S.J. Quinney Law School, is working with Cambridge University Press on a book entitled, Bail and Mass Incarceration. She also published with Paul Robinson and Michael Cahill the Fourth Edition of Criminal Law: Case Studies and Controversies (Aspen) which has new chapters on rape, theft, possession and many other new updates.

James J. Duane, Regent University School of Law, authored a short book on the Fifth Amendment titled You Have the Right to Remain Innocent.

James Forman, Yale Law School, will publish Locking Up Our Own: Crime and Punishment in Black America on April 18, 2017.

Fatal Fictions: Crime and Investigation in Law and Literature,” edited by Alison L. LaCroix, Richard H. McAdams, and Martha C. Nussbaum, University of Chicago, will be published by Oxford University Press on December 1, 2016.

Linda Fentiman, Elisabeth Haub School of Law at Pace University, will publish Blaming Mothers: American Law and the Risk’s to Children’s Health with New York University Press, publication in February 2017.  The book examines the criminal prosecution of pregnant women and the criminal prosecution of parents who fail to protect their children from an abusive spouse or partner (what might be termed child abuse by omission cases).

Carissa Byrne Hessick, University of North Carolina School of Law, published Refining Child Pornography Law: Law, Language, and Social Consequences with the University of Michigan Press earlier this year.  The introduction may be downloaded for free here.

Michael O’Hear, Marquette University Law School, will publish Wisconsin Sentencing in the Tough-on-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened Anyway in January.

Geary S. Reamey, St. Mary’s University School of Law, recently published a new book, “Principles of Texas Criminal Law.”

The recent book by Paul Robinson, University of Pennsylvania, Paul H Robinson and Sarah M Robinson, Pirates, Prisoners & Lepers: Lessons from Life Outside the Law (Potomac Books 2015), is being translated into Chinese and was reviewed by Stephanie Ziegler, Law Library Journal, Vol. 108 No. 2 (2016)  Links: Potomac Books, Amazon

Carol Steiker, Harvard Law School, and Jordan Steiker, the University of Texas School of Law, published Courting Death: The Supreme Court and Capital Punishment with the Belknap Press of Harvard University Press in November.

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This newsletter is a forum for the exchange of information and points of view. Any opinions expressed herein are not necessarily the opinions of the Criminal Justice Section, its members or officers, or of the AALS.

This newsletter was compiled by Carissa Byrne Hessick, AALS Criminal Justice Section Secretary, University of North Carolina School of Law.