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Spring 2016

Inside This Issue

Chair’s Message

Announcements

Member News

Member Book Notes

Disclaimer

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Chair’s Message

Laurent Sacharoff

(University of Arkansas School of Law – Fayetteville)

A warm welcome to our section members. I write with news of our programming, past and future, as well as news of other future projects.

Programming

Our section has continued its active and exciting programming this year at the AALS annual meeting, with nearly 60 people attending our first panel. This panel, organized by legal-futurist Andrew Ferguson (UDC), considered the rise of data and risk-assessment in criminal justice, from policing and investigations to setting bail and sentencing. It provided a view of how exciting and promising data can be, while at the same time warning against its potential dangers and abuse. Our second formal panel considered the future of lethal injection and, in particular, the most likely strategy abolitionists will follow in light of the Court’s recent decision in Glossip v. Gross—thanks to Corinna Barrett Lain (Richmond) for organizing. Finally, Arnold Loewy’s (Texas Tech) day-long special symposium on violence against women was a great success, considering issues such as rape, self-defense, and punishment.

We have two exciting panels set for the 2017 AALS Annual Meeting in San Francisco. The first is entitled, 50-year Anniversary of the Landmark Report “The Challenge of Crime in a Free Society. 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 Cheng (Vanderbilt), is entitled False Confessions in Context. 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.

Future Developments

Moving forward, we are hoping to update and greatly improve our section website, moving it to a more dynamic, web-based presentation that will be easy to navigate and a useful place to put links, news of conferences, and other happenings as they happen. In addition, our secretary, Carissa Byrne Hessick (newly moving to UNC!), has begun organizing a formal mentoring program to match senior professors with those just entering the criminal law academy. Please stay tuned for both developments.

Finally, we are hoping to hold a mid-year AALS meeting in summer 2017. We will circulate a more formal request soon, but if you think your law school would like to host, please keep an eye out for our email or just contact the Executive Committee at CJsectionAALS@gmail.com for more details.

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Announcements

Call for Participation: Junior Scholars Paper Competition

The Criminal Justice Section is pleased to announce its 2016 a Junior Scholars Paper Competition.

Honorees will be recognized at the AALS Annual Meeting in San Francisco in January 2017. We will consider papers where: (1) the author has been teaching 6 years or fewer as of September 1, 2015; (2) the paper has not yet been published or posted to the internet by September 1, 2015; and (3) the author has not previously won the AALS CJS Junior Scholars Paper Competition.

Although papers can have been accepted for publication, please do not submit papers that have been published or posted to the internet by September 1, 2015. This is to preserve anonymity.

To further facilitate anonymous review, please submit papers in electronic form, with all identifying information removed (except for a cover sheet with your name, the year you began law teaching, and a confirmation that the paper has not yet been published or posted to the internet as of September 1, 2015) to the Executive Committee at CJsectionAALS@gmail.com.  Please insert “CJS Junior Scholars Paper Competition” in the subject line of your e-mail. Papers will be selected after review by members of the CJS Executive Committee.

The deadline for submissions is September 1, 2016.

Concordia University School of Law Conference on Criminal Justice Reform

Concordia University School of Law is hosting a conference on Criminal Justice Reform in Boise, ID on June 6.  Presenters will include Congressman Raul Labrador, Jonathan Wroblewski, leader of the U.S. Department of Justice Office of Legal Policy, Kevin Kempf, director of the Idaho Department of Corrections, judges, prosecutors, public defenders, as well as professors Jack Chin, JJ Prescott, Alex Kreit, and Kari Hong.

 

CrimFest 2016

CrimFest 2016 will be held July 10–12, 2016, at Cardozo Law School in NYC. Folks interested in attending should contact Carissa Hessick at

carissa.hessick@law.utah.edu

 

Justice Without Retribution Network Conference at Cornell University

The Justice Without Retribution Network (JWRN) will be holding its first conference at Cornell University, June 3-5, 2016. The aim of the JWRN is to bring together leading scholars and promising early career researchers from law, philosophy, psychology, and neuroscience to explore the practical implications of free will skepticism for the criminal justice system. The Justice Without Retribution Cornell Conference will focus on whether non-retributive approaches to criminal behavior can be ethically defensible and practically workable.

 

Vanderbilt Law School Annual Criminal Justice Roundtable

Vanderbilt Law School is hosting its ninth annual Criminal Justice Roundtable. Invitees include Thomas Clancy (Mississippi), Andrew Crespo (Harvard), Fiona Doherty (Yale), Mary Fan (U. Washington), Aya Gruber (Colorado), Eric Miller (Loyola, L.A.), Richard McAdams (Chicago), Richard Myers (UNC), Wesley Oliver (Duquesne), Jonathan Simon (Berkeley), and Ronald Wright (Wake Forest), as well as Nancy King, Rob Mikos and Christopher Slobogin from Vanderbilt. For previous roundtables, see here.

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Member News

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

Miriam Baer, Brooklyn Law School, recently published, Too Vast to Succeed (Book Review of Brandon Garrett’s Too Big to Jail: How Prosecutors Compromise with Corporations), 114 Mich. L. Rev. 1109 (2016).  Her work in progress, Pricing the Fourth Amendment, was recently accepted for presentation at this year’s American Law and Economic Association’s annual meeting and will be published in 2017 by the William and Mary Law Review.

 

Susan Bandes, DePaul University College of Law, published “Remorse and Criminal Justice” in a special issue of Emotion Review on Law and Emotion. She co-edited the volume with Terry Maroney. Susan also published “Moral Shock and Legal Education,” 65 Journal of Legal Education 201 (2015) (issue of the journal devoted to the impact of Ferguson and related events on legal education). Susan was a distinguished visiting scholar at the University of New South Wales Law School in March.  There she did a faculty workshop on police brutality and co-organized (with Jill Hunter of UNSW) a full-day workshop on Law and Emotion. Susan gave a talk at Washington and Lee Law School entitled “Empathy, Compassion and the Rule of Law” as the law school wrap up to a university series called Questioning Passion. Susan also published an article in Salon on police brutality and several op-ed pieces, including one on remorse and two on police brutality.

 

Shima Baradaran Baughman, University of Utah, S.J. Quinney Law School, is pleased to report that her article, Subconstitutional Checks was accepted for publication by Notre Dame Law Review (forthcoming 2016) and her article, Costs of Pretrial Detention was accepted by Boston University Law Review (forthcoming 2017). Her article, Blinding Prosecutors to Defendants’ Race: A Policy Proposal to Reduce Unconscious Bias in the Criminal Justice System (with Chris Robertson and Sunita Suh) was published by the peer reviewed journal, Behavioral Science and Policy (2016) and featured in NY Magazine.

 

Monu Bedi, DePaul University College of Law, recently published The Curious Case of Cell Phone Location Data: Fourth Amendment Doctrine Mash-Up, in the Northwestern Law Review.  His article, Unraveling Unlawful Command Influence, will also be forthcoming this summer in the Washington University Law Review.  He was also invited to present a paper at the annual symposium hosted by the University of Chicago Legal Forum.  The topic this year was Policing the Police.  His article, Toward a Uniform Code of Police Justice, will be published by the Forum later this year.

 

Valena Beety, West Virginia University College of Law, collaborated with the West Virginia University Law Review to host a day-long symposium on March 4 entitled “Flawed Forensics & Innocence.”  The symposium gathered together law professors, forensic scientists, and innocence litigators to discuss forensics in the courtroom. The WVU Law Review will publish the symposium edition later this year.  She also recently published “Judicial Dismissal in the Interest of Justice” in the Missouri Law Review, for which she won the 2016 WVU Law Significant Faculty Scholarship Award.

 

Jeffrey Bellin, William & Mary Law School, recently published The Right to Remain Armed in 93 Washington Univ. L. Rev. 1 (2015).

Will Berry, University of Mississippi School of Law, has two forthcoming criminal law articles: Normative Retroactivity (Pennsylvania Journal of Constitutional Law) and Cruel Methods, Unusual Secrets (Ohio State Law Journal) (with Meghan J. Ryan).

 

Tamar Birckhead, University of North Carolina at Chapel Hill School of Law, will be visiting at Yale Law School for 2016-17.  She will be teaching in the Criminal Justice Clinic and starting a Juvenile Justice Clinic.  She has also co-edited with Solange Mouthaan and contributed a chapter on juvenile solitary confinement to the collection, The Future of Juvenile Justice: Procedure and Practice from a Comparative Perspective, which will be published by Carolina Academic Press in June. The primary aim of this edited collection is to explore, from a comparative legal perspective, the variety of approaches to and recent developments in juvenile justice as shaped by politics and influenced by international norms. With contributions from some of the world’s foremost experts on juvenile criminal procedure, the study focuses on Europe, either as a collection of States or specific European States; Canada; the United States; and India to address a variety of aspects of juvenile justice, including juvenile criminal proceedings, the role of informal diversionary measures and solitary confinement, and the human trafficking of children.

Melissa L. Breger, Albany Law School, published Healing Sex-Trafficked Children:  A Domestic Family Law Approach to an International Epidemic, 118 West Virginia Law Review vol.3 (2016).  Her article, The (In)Visibility of Motherhood in Family Law Proceedings, 36 N.Y.U. Law Review of Social Change 555 (2012), was recently cited by the Sixth Circuit.

Darryl Brown, University of Virginia, spoke at a panel on his book Free Market Criminal Justice (OUP 2016) at the April 2016 conference on “Public and Private Power” in Cambridge, England, sponsored by the Cambridge Journal of International and Comparative law. In March, he spent a month as a visiting scholar at the University of Muenster law faculty in Germany.

Michael Cahill is moving from Brooklyn Law School to Rutgers Law School, where he will serve as co-dean.

Kim D. Chanbonpin, The John Marshall Law School, was promoted to Professor of Law.

Stephen Smith Cody, Human Rights Center, University of California, Berkeley, School of Law, will be joining the McGeorge School of Law as a Visiting Assistant Professor in August.  As director of the Atrocity Response Program at the Human Rights Center at Berkeley Law, he recently published “The Victims’ Court? A Study of 622 Victim Participants at the International Criminal Court.”

Frank Rudy Cooper, Suffolk University, will visit at Boston College Law in the Fall of 2017 and teach Constitutional Law and Criminal Law.

Clark D. Cunningham, Georgia State University College of Law, will have his essay, “Apple and the American Revolution: Remembering Why We Have the Fourth Amendment,” published in Volume 126 of the on-line Yale Law Journal Forum. A preliminary draft of the essay will be available on May 16 here and can also be obtained by contacting Clark: cdcunningham@gsu.edu The essay revisits pre-Revolution history to provide reasons not currently being considered in the courts for why the All Writs Act of 1789 should not be used to order Apple to break the security of the iPhone and also to use the FBI v Apple controversy to reinvigorate our understanding of the Fourth Amendment.

Joshua Dressler, Moritz College of Law, Ohio State University, served as a panelist on April 21, at the University of Pacific’s (McGeorge School of Law) Distinguished Speaker Series conference, “Miranda at 50: Time for a Makeover?”  He is beginning his fourteenth and final year as a faculty editor of the Ohio State Journal of Criminal Law.

Andrew Guthrie Ferguson, UDC David A. Clarke School of Law, recently published two articles, The Internet of Things and the Fourth Amendment of Effects, 102 Calif. L. Rev. 101 (2016), The Big Data Jury, 91 Notre Dame L. Rev. 935 (2016), and had four articles accepted for publication, The “Smart” Fourth Amendment, 102 Cornell L. Rev. (forthcoming 2016/17); Policing Criminal Justice Data, 101 Minnesota L. Rev. (forthcoming 2017) (with Wayne Logan), Policing Predictive Policing, 94 Wash. U. L. Rev. (forthcoming 2017); and Predictive Prosecution, 51 Wake Forest L. Rev. (forthcoming 2016/17) (invited symposium essay).

Brian Gallini, University of Arkansas School of Law, recently published The Unlikely Meeting Between Dzhokhar Tsarnaev and Benjamin Quarles in volume 66 of the Case Western Reserve Law Review.  The piece briefly traces the roots of the public safety exception to Miranda—roots that end with the sixteen hour public safety interrogation of Tsarnaev following the Marathon Bombing.  It argues that if the duration of that public safety interrogation is permissible, then Quarles should become the general rule to police interrogation practice and Miranda should become the exception.

Cynthia Godsoe, Brooklyn Law School, has several new articles and essays, including Recasting Vagueness: The Case of Teen Sex Statutes, 73 Wash. & Lee L. Rev. (forthcoming 2016); Perfect Plaintiffs, 125 Yale L. J. Forum 136 (2015); Marriage Equality and the New Maternalism, 6 Cal L. Rev. Circuit 145 (2015); and Adopting the Gay Family, 90 Tul. L. Rev. ­­311 (2015). She also contributed to a compilation of feminist rewrites of seminal Supreme Court opinions, rewriting the Court’s opinion on statutory rape in Michael M. v. Sonoma Cty, 450 U.S. 464 (1981), Feminist Judgements: Rewritten Opinions of the United States Supreme Court (Kathryn M. Stanchi, Linda L. Berger and Bridget J. Crawford eds., Cambridge Univ. Press forthcoming 2016). Cynthia presented recently at the Workshop on Children, Vulnerability and Resilience at Emory Law School on Vulnerable Offenders: Girls in the Juvenile Justice System, and also presented Recasting Vagueness: The Case of Teen Sex Statutes at a faculty workshop at Hofstra Law School and at the New York City Family/Juvenile Law Colloquium. Cynthia was promoted this January from Assistant Professor of Law to Associate Professor of Law. Finally, she published a Letter to the Editor, in the New York Times (Dec. 10, 2015) calling for better treatment of non-violent juvenile offenders.

Lauryn Gouldin, Syracuse University College of Law, reports that her article, Disentangling Flight Risk from Dangerousness, has been accepted for publication in the BYU Law Review.  She presented that paper at the CrimFest conference at Cardozo Law School in July 2015, at the ABA Criminal Justice Academic roundtables in October, at the Brooklyn Law School Markelloquium in November, and, in January, as part of an AALS Hot Topics panel on Responding to the Money Bail Crisis.  Lauryn’s article, Redefining Reasonable Seizures, was published in the Denver Law Review in 2015 and is available here.  In December, her article (co-authored with Jim Jacobs, Dimitra Blitsa & Elena Larrauri) entitled Criminal Records and Immigration: Comparing the United States and the European Union was published in the Fordham International Law Journal.  You can find that article here.

In 2015, Aya Gruber, University of Colorado Law School, published “A Provocative Defense” (California Law Review) discussing the feminist critique of the provocation doctrine  and “When Theory Met Practice,” an article on methods of critical criminal law analysis, published in the Fordham Law Review as part of the Critical Race Empiricism symposium.  This year, she will publish “An Experiment in Penal Welfare: The New Human Trafficking Intervention Courts” (Florida Law Review), a co-authored ethnographic analysis of the path-breaking NYC trafficking courts.  She also has several forthcoming works on sexual assault law and policy, including “Anti-Rape Culture” (Kansas Law Review Title IX symposium), “Rape Law Revisited” (Ohio State Journal of Criminal Law symposium), and “Consent Confusion” (Cardozo Law Review).

Taja-Nia Henderson, Rutgers Law School, was awarded a Kluge Fellowship from the Library of Congress to continue her research into the forms of punishment levied against former Confederates after the Civil War.

Carissa Byrne Hessick, University of Utah S.J. Quinney College of Law, will be joining the faculty at the University of North Carolina School of Law on July 1 as the Anne C. and Garland “Buck” Randsell Distinguished Professor.

Renée M. Hutchins, University of Maryland Carey School of Law, appeared in the CSPAN Landmark Cases series on the program discussing Mapp v. Ohio.

David Kaye, Penn State Law, along with several co-authors from a National Institute of Science and Technology (NIST) Expert Working Group, published “Presenting Quantitative and Qualitative Information on Forensic Science Evidence in the Courtroom,” 29 Chance 37-43 (2016). He delivered invited talks on “The Weight of Evidence in Law, Statistics, and Forensic Science” at a NIST Technical Colloquium on Quantifying the Weight of Forensic Evidence, and on “Evidence, Probability, and Error” in the National Center for Forensic Science’s Speaker Series on Intersection of Science, Statistics, and the Law. He serves on the Subcommittee on Testimony and Reporting, National Commission on Forensic Science, Department of Justice; the Legal Resource Committee, Organization of Scientific Area Committees in Forensic Science (OSAC); and on a NIST Expert Working Group on Human Factors in Handwriting Examination.

Andrew Chongseh Kim, Concordia University School of Law, is organizing a Conference on Criminal Justice Reform in Boise, ID on June 6.

 

Professor Mary Graw Leary, The Catholic University of America, recently published three articles including, “Modern Day Slavery” – Implications of a Label in the St. Louis University Law Review; The Third Dimension of Victimization in the Ohio State Journal of Criminal Law ; and  The Supreme Digital Divide in the Texas Tech Law Review.  Leary also published her first book, Perspectives on Missing Persons Cases with Carolina Academic Press.  Professor Mary Graw Leary was recently appointed to a three year term with the Victim Advisory Group of the United States Sentencing Commission.

Cynthia Lee, The George Washington University Law School, published A New Approach to Voir Dire on Racial Bias with the UC Irvine Law Review. The first edition of her brand new casebook, Criminal Procedure: Cases and Materials, was published this month with West Academic Publishing (with L. Song Richardson and Tamara Lawson). Her article entitled, Making Black and Brown Lives Matter: Incorporating Race into the Criminal Procedure Curriculum, is scheduled to be published this year with the St. Louis University Law Review. She is currently writing a piece entitled Shooter Bias: Does Race Affect the Police Officer’s Decision to Shoot, scheduled for publication this year with Duke’s Journal of Law and Contemporary Problems. Professor Lee was invited to speak on race and policing at UCLA School of Law’s Annual CRS Symposium in October 2015.  She was also invited to speak on a panel on policing after Ferguson at Duke Law School’s Civil Rights Conference in November 2015.

Richard A. Leo, University of San Francisco, recently published “The Sound of Silence: Miranda Waivers, Selective Literalism and Social Context” in Lawrence Solan, Janet Ainsworth and Roger Shuy, Eds. (2015), Speaking of Language and Law.  His forthcoming publications include: “What Innocence Means Today and Why It Matters,” in “Voices on Innocence” (with Lucian Dervan, Meghan Ryan, Valena Beety, Gregory Gilchrist and William Berry) in the Florida Law Review;  “Has the Innocence Movement Become an Exoneration Movement? The Risks and Rewards of Redefining Innocence” in Daniel Medwed, Ed. (2016), Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Cambridge University Press); “The Path to Exoneration” (with Jon Gould) in the Albany Law Review; “Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror” (with Alexa Koenig) in Scott Anderson and Martha Nussbaum, Eds. (2016), Confronting  Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today (University of Chicago Press); “A Damning Cascade of Errors” (with Deborah Davis) in Fiona Bookman, Ed. (2016), Handbook on Homicide (Wiley-Blackwell); “When Exoneration Seems Hopeless: the  Special Vulnerability of Sexual Abuse Suspects to False Confession” (with Deborah Davis) in Ros Burnett, Ed. (2016), Vilified: Wrongful Allegations of Child and Sexual Abuse (Oxford University Press); “Her Story, His Story: Sexual Miscommunication, Motivated Remembering, and Intoxication as Pathways to Honest False Testimony Regarding Sexual  Consent” (with Guillermo Villalobos and Deborah Davis) in Ros Burnett, Ed. (2016), Vilified: Wrongful Allegations of Child and Sexual Abuse (Oxford  University Press); and “Police Interrogation and False Confessions in Rape Cases” in Roy

Hazelwood and Ann Burgess, Eds. (2016), Practical Rape Investigation: A Multidisciplinary Approach (CRC Press), 5th Edition.  All of his papers are available here.

 

Erik Luna, Arizona State University, was named a Fulbright Distinguished Chair for 2016-17. He will be in residence at University of Birmingham (U.K).

Michael Mannheimer, Salmon P. Chase College of Law, Northern Kentucky University, has a forthcoming article The Two Mirandas, 43 N. KY. L. REV. ___ (2016).  He presented this paper at a symposium he helped organize

entitled “Miranda at 50,” held at Northern Kentucky University on Feb. 26, 2016.

Paul Marcus, the College of William and Mary, spoke recently on criminal justice issues at the University of Minnesota and the University of Puerto Rico.  On behalf of the AALS, he met with faculty at Catholic University and Capital University.  His article on criminal conspiracy was just published: The Crime of Conspiracy Thrives in Decisions of the United States Supreme Court, 64 Kan. L. Rev. 373 (2015).

Eric J. Miller, Loyola Law School, will be visiting at Washington University in St. Louis next academic year.  He will publish Encountering Resistance: Contesting Policing and Procedural Justice, in the next issue of the U.  Chicago Legal Forum __ (forthcoming 2016).  He also published Police Encounters with Race and Gender, in 5 U. Irvine L. Rev. 735 (2015), and Challenging

Police Discretion in 58 Howard L. Rev. 521 (2015). He was also invited to speak at The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America, Duke Law School, November 20-21, 2015, where he presented a paper on The Pain of Policing; at the University of Chicago Legal Forum Symposium,

Policing the Police, November 6, 2015 and at the West/Southwest Criminal Law and Procedure Workshop, Utah Law School, September 9, 2015, where he presented Challenging Police Procedure; at LatCrit 2015: Critical Constitutionalism, Anaheim, CA October 1-3, 2015, where he presented Trust-Based Policing; and at Crimfest! Conference, Cardozo Law School, July 20-21, 2015, where he presented Policy By Numbers: Judicial Policy-Making in Low-Level Criminal Courts.

  1. David Mitchell, University of Missouri School of Law, recently published the symposium foreword, “Ferguson: A Footnote or Transformative Event?” in the University of Missouri Law Review dedicated to the symposium that he coordinated and planned, Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.  He also published Notice(ing) Ex-Offenders: A Case Study of the Manifest Injustice of Passively Violating a “Felon-in-Possession” Statute in the Wisconsin Law Review.  He was also recently appointed as the Associate Dean for Academic Affairs and the Chair of the University of Missouri System Task Force on Diversity, Equity and Inclusion.  He was an invited panelist at The Present and Future of Civil Rights Movements Conference discussing, “Suppressing Citizen Voices?: Felon Disenfranchisement and Voter ID Laws in a Post-Citizens United World,” Duke University School of Law; the Rupturing the School-to-Prison Pipeline: A State Government Efforts Toward Expungement Reform Conference at Indiana University Robert H. McKinney School of Law; and an invited speaker at Clemson speaker discussing the “De-Coding Citizen-Police Interactions: The Continued Salience of Race and Place.”

Steven R. Morrison, University of North Dakota School of Law, recently agreed to publish “Relational Criminal Liability” with the Florida State University Law Review. The latest draft is available here. He has also been invited to speak at the annual meeting of the International Society for the Reform of the Criminal Law, on the government’s attempt to force Apple to break an iPhone. The abstract is available here.

Alexandra “Sasha” Natapoff, Loyola Law School, has been awarded a Guggenheim Fellowship to support her new book on misdemeanors.

Carolyn Ramsey, University of Colorado Law School, has a new article, “The Stereotyped Offender: Domestic Violence and the Failure of Intervention,” 120 Penn St. L. Rev.  __ (forthcoming spring 2016), that analyzes how the feminist stereotype of the coercive, controlling male batterer has impeded effective state intervention.  Her article provides historical context, going back to the punishment of wife beaters during the colonial period and the 19th-century Temperance Movement, to frame her critique of state and local batterer intervention standards in the modern United States and to show how domestic violence policy has been limited by other sociopolitical agendas. Carolyn presented drafts of this article at the 9th Annual Applied Feminism Conference at the University of Baltimore School of Law in March 2016; the AALS Workshop on Next Generation Issues of Sex, Gender, and the Law in June 2015; and the Law & Society Association Annual Meeting in May 2015.  Carolyn continues to serve as Reporter for the Tenth Circuit Criminal Pattern Jury Instructions Committee and is starting a new project on the historical, social, and political connections between domestic violence, firearms, and laws affecting gun rights.

Anna Roberts, Seattle University School of Law, recently published “Asymmetry as Fairness: Reversing a Peremptory Trend” in the Washington University Law Review. She also accepted an offer from the Boston University Law Review to publish “Conviction by Prior Impeachment.”

 

Jenny Roberts, American University Washington College of Law, co-published (with Ron Wright) Training for Bargaining, 57 William & Mary Law Review 1444 (2016).

 

Stephen Rushin, University of Alabama, has two forthcoming articles. The first, entitled De-Policing, will appear in the Cornell Law Review in 2017 (with Griffin Edwards). The second, entitled From Selma to Ferguson: The Voting Rights Act as a Blueprint for Police Reform, will appear in the California Law Review in 2017 (with Jason Mazzone). Stephen’s book, Federal Intervention in American Police Departments (Cambridge University Press), will be available in print later this year. His article entitled Using Data to Reduce Police Violence appeared in the Boston College Law Review in January of 2016. Additionally, Stephen’s article entitled Structural Reform Litigation in American Police Departments, which first appeared in the Minnesota Law Review in 2015, was reprinted in Civil Rights Litigation and Attorney Fees Annual Handbook (Steven Saltzman & Barbara Wolvaritz, eds.) earlier this year. Over the last academic year, he had the pleasure of presenting his research at workshops and conferences at Emory University School of Law, U.C. Berkeley School of Law, and the MacArthur Justice Center at Northwestern Pritzker School of Law. Finally, Alabama has recognized Stephen as a Dean’s Scholar for the 2016-17 academic year, in recognition of his research accomplishments.

Meghan J. Ryan, SMU Dedman School of Law, has several forthcoming articles: Taking Dignity Seriously: Excavating the Meaning of the Eighth Amendment, 2016 U. Ill. L. Rev. (forthcoming 2016); Miranda’s Truth, 42 N. Ky. L. Rev. (forthcoming 2016) (invited symposium contribution); Justice Scalia’s Bottom-Up Approach to Shaping the Law, 25 Wm. & Mary Bill Rts. J. (forthcoming 2016); and Cruel Methods, Unusual Secrets, 77 Ohio St. L.J. (forthcoming 2017) (with William W. Berry III). She has also authored a few shorter pieces: Innocence, Experimentation and Executions in Oklahoma and Beyond, Jurist, Nov. 3, 2015; On the Road to Abolition: Capital Punishment and Its Uncertain Future in the United States, Jurist, Feb. 25, 2016; Innocence Ignorance: The Failure to Acknowledge the Fallibility and Dignity Components of Humanity, in Voices on Innocence, 68 Fla. L. Rev. (forthcoming 2016); and Lessons from Gitmo, 49 Int’l Law. (forthcoming 2016). Meghan has also given several presentations and interviews on topics such as “Secrecy, IP Rights, and Prosecutions” and “Developing a Scientific Basis for Reliable Fingerprint Evidence.”

Laurent Sacharoff, University of Arkansas School of Law, recently published Trespass and Deception, 2015 B.Y.U. L. Rev. 359 and has forthcoming Conspiracy as Contract, 50 U.C. Davis L. Rev. __ (2016). He also was just given the University Rising Teacher Award for 2016.

 

Professor Shaakirrah R. Sanders, University of Idaho College of Law, was awarded tenure effective June 2016. She has also accepted an offer of publication from the William and Mary Bill of Rights Journal for an article entitled Deconstructing Juryless Fact-Finding in Civil Cases.

Charisa Kiyô Smith, University of Wisconsin Law School, recently made the following presentations: No Quick Fix: The Failure of Criminal Law and the Promise of Civil Law Remedies for Domestic Child Sex Trafficking, at Mid-Atlantic People of Color Legal Scholarship Conference (January 2016); Can’t w8 2 Press Send:  A Legal, Theoretical, and Socio-cultural Analysis of Sexting by Minors, at UW Law School, Institute for Legal Studies (February 2016) and at UW Law School, Faculty Workshop (March 2016).  She also served as a Visiting Scholar at Emory Law School with the Feminism and Legal Theory Project & the Vulnerability and the Human Condition Initiative in December 2015.

Kenneth W. Simons recently moved from Boston University School of Law to University of California, Irvine School of Law, where he is Chancellor’s Professor of Law and Professor of Philosophy (by courtesy).  His recent publications include “Reluctant Pluralist: Moore on Negligence,” in Festschrift for Michael Moore (Kimberley Ferzan & Stephen Morse eds., Oxford: Oxford University Press) (forthcoming 2016), and “Punishment and Blame for Culpable Indifference,” Inquiry: An Interdisciplinary Journal of Philosophy (2015).  Professor Simons presented a lecture, “Can jurors understand the mental state categories employed in the criminal law?,” at the Criminal Justice Forum, Cleveland-Marshall College of Law, Cleveland State University, April 2, 2015.  He also participated in the following conferences: Criminal Law Theory Conference, Michigan Law School, Ann Arbor, MI, November 13-14, 2015, presenting the paper, “Punishment and Blame for Culpable Indifference”; and Yale Center for Law and Philosophy, Roundtable on Douglas Husak, Ignorance of Law: A Philosophical Inquiry, New Haven CT, September 11-12, 2015.

Sandra Guerra Thompson, University of Houston, presented a paper on the “Texas Forensic Science Infrastructure” at a symposium at West Virginia University College of Law which will appear in a forthcoming issue of the West Virginia Law Review.  At the last AALS Annual Meeting, she presented a paper entitled, Do Prosecutors Really Matter?: A Proposal to Ban One-Sided Bail Hearings, forthcoming in a symposium issue of the Hofstra Law Review.  She also chaired Houston Mayor Sylvester Turner’s Criminal Justice Transition Committee this spring and serves as Vice Chair of the Houston Forensic Science Center (which was formerly the HPD Crime Laboratory).

Matthew Tokson, Salmon P. Chase College of Law, Northern Kentucky University, recently published Knowledge and Fourth Amendment Privacy, 111 Nw. U. L. Rev. __ (forthcoming).  The paper was also a winner of the 2016 Southeastern Association of Law Schools (SEALS) Call for Papers competition, and Professor Tokson will present it at the 2016 SEALS Conference.

Jenia Turner, SMU Dedman School of Law, published Two Models of Pre-Plea Discovery in Criminal Cases: An Empirical Comparison, 73 Wash & Lee L. Rev. 285  (2016) (with Allison Redlich) and Pre-Plea Disclosure in Germany and the United States: Open-File and Beyond, 57 Wm. & Mary L. Rev. 1549 (2016). On March 4, Jenia presented “Global Perspectives on Plea Bargaining” at the McGeorge Law School Global Center Symposium, “Justice for Crimes Across Borders,” and on March 17, she presented “Regulating Interrogations and Excluding Confessions in the United States: Balancing Individual Rights and the Search for Truth,” at National Taiwan University in Taipei, Taiwan.

 

Michael Vitiello, McGeorge School of Law, presented a paper entitled Legalizing Marijuana and Abating Environmental Harm:  an Overblown Promise? as part of U.C. Davis’s Law Review symposium on Disjointed Regulation: State Efforts to Regulate Marijuana this past January.  In March, he presented a paper entitled Bargained Justice:  Lessons from Italy as part of a symposium at McGeorge.  The symposium, entitled Crimes Without Borders: In Search for an International Justice System, celebrated Distinguished Professor Linda Carter’s work on comparative and international criminal law.  Both papers are scheduled for publication in 2016.

Kevin Washburn has returned to the University of New Mexico School of Law after more than three years serving as Assistant Secretary for Indian Affairs in the Obama administration. During his time in the administration at the U.S. Department of the Interior, he helped implement the federal statutory expansion of tribal criminal jurisdiction to felony offenses and non-Indians under the Tribal Law and Order Act of 2010 and the Violence Against Women Act of 2013, both of which he had advocated in his early scholarship. He rejoined UNM as member of the regular faculty and is enjoying a delayed, post-dean research sabbatical through calendar year 2016.  He also rejoined the Criminal Law and Procedure Drafting Committee for the National Conference of Bar Examiners and is serving on the U.S. Sentencing Commission’s Tribal Issues Advisory Group.

Corey Rayburn Yung, University of Kansas School of Law, was awarded tenure and the rank of full professor in 2014. Since that time Yung published Constitutional Communication in the Boston University Law Review, Concealing Campus Sexual Assault: An Empirical Investigation in Psychology, Public Policy & Law, Rape Law Fundamentals in the Yale Journal of Law & Feminism, and How to Lie with Rape Statistics: America’s Hidden Rape Crisis in the Iowa Law Review. Symposium pieces in the University of Kansas Law Review and University of Miami Law Review regarding campus sexual assault will be appearing later this year. Yung was a coauthor of an amicus curiae brief to the United States Court of Appeals for the Sixth Circuit in Does v. Snyder. He also joined the board of The Sexual Trauma & Abuse Care Center and was a member of the Chancellor’s Sexual Assault Task Force at the University of Kansas during the 2014-2015 academic year.

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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 is also working with Paul Robinson and Michael Cahill on the Fourth Edition of Criminal Law: Case Studies and Controversies (Aspen), which should be released later this year.

Tamar R. Birkhead, University of North Carolina School of Law, and Solange Mouthaan, University of Warwick School of Law, will publish The Future of Juvenile Justice: Procedure and Practice from a Comparative Perspective with Carolina Press this June.

Darryl Brown, University of Virginia, published Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law (Oxford 2016).

Samuel M. Davis, University of Mississippi School of Law, published the 2016 edition of Rights of Juveniles: The Juvenile Justice System with Thomson Reuters in March.

Carissa Byrne Hessick, University of Utah S.J. Quinney College of Law, will publish Refining Child Pornography Law: Law, Language, and Social Consequences with the University of Michigan Press this summer.

Donald Jones, University of Miami School of Law, will publish Dangerous Spaces:  Beyond the Racial Profile with Praeger this summer.  The issue of discrimination against blacks, both in the context of stop and frisk and the context of police shooting have been framed in terms of “Racial profiling.”  But the problem of “race” has increasingly been “spatialized”.  It is no longer a matter simply of color but the zip code one lives in.  After thirty years of the drug war the inner city, for example, has become ground zero not merely for over-policing but hyper-aggressive militaristic practices. Similarly, for Hispanics the problem of “profiling” is intensified at the border or its “functional” equivalent.  In the case of Mexican Americans the entire state of Arizona was treated as such. For Muslim Americans entering the airport they often undergo a transition from citizen to suspect.  This book provocatively weaves together history and narrative, legal analysis and critical theory to explore the intersection of race and place in the plight of people of color in our 21st century criminal justice system.

 

Professor Mary Graw Leary, The Catholic University of America, published her first book, Perspectives on Missing Persons Cases with Carolina Academic Press.

 

Cynthia Lee, George Washington, L. Song Richardson, UC Irvine, and Tamara Lawson, St. Thomas, published Criminal Procedure: Cases and Materials with West Academic Publishing in April.

 

Margaret Colgate Love, Jenny Roberts, American University Washington College of Law, and Cecelia Klingele, University of Wisconsin Law School, published the second edition of Collateral Consequences of Criminal Convictions: Law, Policy and Practice with West in 2016.

 

Gerry Moohr, University of Houston Law Center, Jacqueline Lipton, University of Houston Law Center, and Irina Manta, Hofstra University Maurice A. Deane School of Law, published the second edition of Criminal Law of Intellectual Property with West in 2016.

 

Jens Ohlin, Cornell Law School, recently published Criminal Law: Doctrine, Application, and Practice, a new criminal casebook from Aspen Wolters Kluwer.  A discussion of the casebook can be found in “The Changing Market for Criminal Law Casebooks,” 114 Mich. L. Rev. (forthcoming), available here.

 

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Disclaimer:
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 Utah S.J. Quinney College of Law.

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