James E. Robertson

107 Hinckley Street Mankato, MN 56001 507.387.2440 JAMES E. ROBERTSON

Professor of Corrections Telephone 507.389.5601 Department of Sociology & Corrections Fax 507.389.5615 Minnesota State University E-Mail [email protected] 113 Armstrong Hall Mankato, MN 56001

PROFESSIONAL EXPERIENCE

Professor of Corrections, Minnesota State University

 First to be honored as Distinguished Professor in the College of Social and Behavioral Sciences, Minnesota State University, October 2001 (academic rank of tenured full professor since 1989).

“Presented [for]. . . extraordinary devotion to teaching and learning.”

Four-year (1997-2001) evaluation by college dean (Oct. 2001): “Your accomplishments for the reporting period were excellent. . . .You are a model of the teaching scholar.”

Four-year (1997-2001) chairperson’s evaluation (Oct. 2001): “wonderful contributions to this department;” “You have become the star of the department.”

 Author of numerous publications addressing prison legal issues.

Recent publications in the Harvard Journal on Legislation, [University of] North Carolina Law Review; and Journal of Criminal Law and Criminology on prison law subjects. Individually authored some 42 published articles, an aggregate of 900+ printed pages.

 Publicly recognized as prison law expert.

National Public Radio, Sept. 30 – Oct. 5, 2003, extensively interviewed about prison rape by correspondent Wendy Kaufman for “All Things Considered: Rights Groups Consider Prison Rape Law,” broadcast Oct. 29, 2003.

Los Angeles Times Sunday Magazine, Nov. 3, 2002, interviewed extensively and quoted in an article by Fred Dickey on prison rape.

ABC News - Minneapolis affiliate television station KSTP, Nov.13-14, 2002, interviewed about prison practices.

Harvard Law School, March 10, 2001, one of three persons invited by Harvard Civil Rights-Civil Liberties Law Review to address impact of Prison Litigation Reform Act.

Described in scholarly print as a “veteran observer of imprisonment.” Jonathan Simon, Theoretical Criminology, vol. 4: 285, 286 (2000).

James E. Robertson Page 1 5/9/2018 Editor of Angolite, distinguished inmate newspaper of Angola prison in Louisiana, praised my prison scholarship. Douglas Dennis, St. Louis Law Univ. Public Law Review; vol. 14: 1, 12 (1994).

 Editor-in-Chief Criminal Law Bulletin (2002-present) Responsible for selection and editing of feature articles for this bi-monthly scholarly journal published by West Group (some 1000 printed pages annually).

 Contributing Editor

Criminal Justice Review (2001-present) Provide biannual review of prison law developments in the U.S. Circuit Courts of Appeals.

Criminal Law Bulletin (2000-2002) Provided commentary and full-length articles on prisoners’ rights.

 Exceptional teaching evaluations.

Ratings consistently above 4.5 on 5-point scale in standardized, anonymous student evaluations. E.g., for 1997-2001, “instructor’s contribution to course” received average rating of 4.87 in correctional law and 4.83 in penology courses; and “course as whole” received average ratings of 4.76 in correction law and 4.7 in penology courses

Written assessment of my presentation at Harvard Law School in 2001 by Eve Cary, professor of law, Brooklyn Law School (March 21, 2001): “As I told you at the time, my first reaction was, ‘This guy must be a terrific teacher.’”

 1999 Advisor Recognition Award, College of the Social and Behavioral Sciences.

Praised as “extraordinary, distinguished.”

 As senior member of Corrections Program, oversaw significant growth.

From 1980 to 2000, number of corrections majors has tripled (from approximately 90 to 270).

Oversaw hiring of the other six corrections professors.

Active in mentoring undergraduates, graduate students, and junior faculty.

 Graduate faculty membership.

Department offers Master of Sciences degree in corrections. First or second reader on numerous thesis committees.

 Extensive service on departmental, college, and university committees.

Service included: chairperson of university-wide tenure and promotion committee; numerous terms on department’s personnel committee, which oversees tenure and promotion recommendations.

Acting chairperson fall semester, 1998-99.

James E. Robertson Page 2 5/9/2018 Consultant

 Consultant to California Public Defender, Capital Punishment Division, San Francisco, California (2000 to present).

In re Lynch Will prepare appellate mitigation declaration in 2004.

In re Huges Prepared appellate mitigation declaration on effects of imprisonment characterized by “institutional failure;” and 2) prepared assessment of client’s capacity to adjust to prison.

 Consultant to Dan & Falgiani, LLC, Youngstown, OH (2002).

Duly v. City of Struthers Prepared 9300-word analysis of the constitutional issues raised by attempted suicide of a pretrial detainee in a small Ohio jail.

 Consultant to Jon Norinsberger & Associates, New York, New York (2001).

Davis v. New York City Provided various consultative services in lawsuit over inmate-on-inmate rape in New York City’s jail system.

 Consultant to Federal Public Defender, Minneapolis, Minnesota (1999).

United States v. Reyes-Lopez Provided foundation for an inmate’s claim of self-defense in criminal assault prosecution (accused of attacking another inmate). Defense based on my 1995 article in Indiana Law Journal. Jury acquitted client within 3 hours of deliberation and requested official inquiry into conditions of confinement at federal prison in Waseca, MN.

 Pro Bono Consultations.

Managhan & Blueth, Mankato, Minnesota (inmate-on-inmate assault, 1999).

Center for Constitutional Rights, New York, New York (prison due process issues, 1998).

Belden, Belden, Persin & Johnston, Greensburg, Pennsylvania (jail suicide, cruel and unusual punishment issues, 1996).

Research Associate, 1975-79

 Center for the Study of Law and Society, University of California, Berkeley, 1979.

Studied impact of state’s determinate sentencing law (resigned in Dec. 1979 to accept position at Minnesota State University).

 Search Group: The National Consortium for Criminal Justice Information and Statistics, Sacramento, California (1978-79).

Performed variety of research tasks.

 National Council on Crime and Delinquency, San Francisco, California (1978).

James E. Robertson Page 3 5/9/2018 Performed variety of research tasks in a study of dangerousness and risk assessment.

 American Justice Institute (Human Learning Systems division), Sacramento, California (1977-78).

Performed variety of research and administrative tasks for Richard McGee, president and founder of American Justice Institute; and former commissioner of California and Washington State Departments of Corrections.

 Graduate research assistant, Criminal Justice, California State University, Sacramento, California (1975-76).

Performed variety of research tasks.

Adjunct Assistant Professor of Criminal Justice, California State University, Sacramento, California (1977-79)

Taught criminal justice courses; received excellent peer and student evaluations.

EDUCATION

 Diploma in Law, Oxford University (Keble College), Oxford, England (1988).

The Dipl. in Law corresponds to the Master of Laws degree (LL.M.), which is awarded after receipt of the first law degree, the Juris Doctorate (J.D.). Supervisor: Roger Hood, emeritus professor & former director of Centre for Criminological Research. Thesis: “Judicial Review of Prison Discipline in the United States and England: A Comparative Study of Due Process and Natural Justice.” The Diploma in Law has since been renamed the Master of Studies in Legal Research.

 Master of Arts in Criminal Justice, California State University, Sacramento, California (1979).

Supervisor: Brian Park, J.D., D. Crim. Thesis: “The New Immigration and Political Corruption in the United States: The Role of Cultural Conflict in Political Corruption.”

 Juris Doctorate, Washington University School of Law, Saint Louis, Missouri (1975). The J.D. is the initial law degree granted in the United States and typically entails 3 years of full-time study.

 Bachelor of Arts, Phi Beta Kappa, magna cum laude, University of Washington, Seattle, Washington (1972).

Elected to Phi Beta Kappa (only 1% of college seniors achieve this honor for high academic achievement in the liberal arts); and Phi Alpha Theta (high academic achievement in the study of history); honors thesis in history: “The Haymarket Trial and the Awakening of America.”

James E. Robertson Page 4 5/9/2018 PUBLICATIONS

Articles

James E. Robertson, “Separate But Equal” in Prison: Johnson v. California and Common Sense Racism,” Journal of Criminal Law and Criminology, vol. 96 (2005-2006) (forthcoming in 2006) (lead article)

James E. Robertson, “Prisoners and Freedom of Speech,” Encyclopedia of American Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).

James E. Robertson, “Prisoners and Free Exercise Clause Rights” Encyclopedia of American Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).

James E. Robertson, “O’Lone v. Estate of Shabazz, 482 U.S. 342 (1987),” Encyclopedia of American Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).

James E. Robertson, “Thornburgh v. Abbott, 490 U.S. 401 (1989),” Encyclopedia of American Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).

James E. Robertson, “Foreword: No Longer ‘An Unreal Dream’: Wrongful Convictions After the DNA Revolution,” Criminal Law Bulletin, vol. 41:109-112 (2005).

James E. Robertson, “The Impact of Farmer v. Brennan on Jailers’ Personal Liability for Custodial Suicide: Ten Years On,” Jail Suicide/Mental Health Update, 14(1):1-6 (2004) (lead article).

James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2002-2003,” Criminal Justice Review, vol. 29:272-283 (2004).

James E. Robertson, “The Prison Rape Elimination Act of 2003: A Primer,” Criminal Law Bulletin, vol. 40:270-279 (2004)

James E. Robertson, “A Punk’s Song About Prison Reform,” Pace University Law Review, vol. 2:527-562 (2004).

James E. Robertson, “Compassionate Conservatism and Prison Rape: The Prison Rape Elimination Act of 2003,” New England Journal on Criminal & Civil Confinement, vol. 30: 1-18 (2004) (lead article).

James E. Robertson, “Rape Among Incarcerated Men: Sex, Coercion and STDs,” AIDS Patient Care, vol. 17:423-30 (2003).

James E. Robertson, “A Clean Heart and an Empty Head: The Supreme Court and Sexual Terrorism in Prison,” [University of] North Carolina Law Review, vol. 81:434-482 (2003) (lead article).

James E. Robertson, “Recent Legal Developments: Correctional Case Law, 1999-2001,” Criminal Justice Review, vol. 27(1): 189-197 (2002).

James E. Robertson, “The PLRA and the New Right-Remedy Gap in Institutional Reform Litigation,” Criminal Law Bulletin, vol. 38: 427-465 (2002) (lead article).

James E. Robertson Page 5 5/9/2018 James E. Robertson, “The Impact of the PLRA on ‘Over-Enforced’ Remedies,” Correctional Law Reporter, vol. 13: 70-72 (2002).

James E. Robertson, “Closing the Circle: When Prior Imprisonment Ought to Mitigate Capital Murder,” [University of] Kansas Journal of Law and Public Policy, vol. 11: 415-439 (2002).

James E. Robertson, “The Jurisprudence of the PLRA: Inmates as ‘Outsiders’ and the Countermajoritarian Difficulty,” Journal of Criminal Law and Criminology, vol. 92: 187-210 (2001-2002).

James E. Robertson, “A Saving Construction: How to Read the Physical Injury Rule of the Prison Litigation Reform Act,” Southern Illinois University Law Journal, vol. 26: 1-29 (2001) (lead article).

James E. Robertson, “Four Little Eighteenth-Century Words: An Integrated Reading of the Cruel and Unusual Punishment Clause,” Criminal Law Bulletin, vol. 27: 475- 507 (2001).

James E. Robertson, “A Holistic Understanding of the Cruel and Unusual Punishment Clause,” Correctional Law Reporter, vol. 13: 35, 44-48 (October/November 2001).

James E. Robertson, “Prison Reform, A Faustian Bargain: Commentary on Prospective Relief Before and After French v. Miller,” Criminal Law Bulletin, vol. 37: 195-209 (2001).

James E. Robertson, “Psychological Injury and the Prison Litigation Reform Act, A ‘Not Exactly’ Equal Protection Analysis,” Harvard Journal on Legislation, vol. 37: 105- 158 (2000).

James E. Robertson, “The Majority Opinion as the Social Construction of Reality: The Supreme Court and Prison Rules,” [University of] Oklahoma Law Review, vol. 53: 162-196 (2000) (lead article).

James E. Robertson, “Sexual Harassment of Male Inmates: The Case for a New Constitutional Tort,” Correctional Law Reporter, vol. 11, no. 6: 83-84, 96 (2000).

James E. Robertson, “Cruel and Unusual Punishment in United States Prisons: Sexual Harassment Among Male Inmates,” American Criminal Law Review, vol. 36: 1-51 (1999) (lead article).

James E. Robertson, “Houses of the Dead: Warehouse Prisons, Paradigm Change, and the Supreme Court,” [University of] Houston Law Review, vol. 34: 1003-1063 (1997).

James E. Robertson, “The Role of Ideology in Prisoners’ Rights Adjudication,” in Criminal Policing Making (Andrew Rutherford, editor, Dartmouth Pub. Co., Hampshire, England, 1997).

James E. Robertson, “The Demise of Negative Implication Jurisprudence: Procedural Fairness in Prison Discipline after Sandin v. Conner,” [University of] Tulsa Law Journal, vol. 32:39-56 (1996).

James E. Robertson, “The Impact of Farmer v. Brennan on Jail Suicide Litigation,” Jail Suicide/Mental Health Update, vol. 6, no. 3: 1-5 (1996).

James E. Robertson Page 6 5/9/2018 James E. Robertson, “Fight or F...’ and Constitutional Liberty: An Inmate’s Right to Self- Defense When Targeted by Aggressors,” Indiana [University] Law Review, vol. 29: 339-363 (1995).

James E. Robertson, “Catchall Prison Rules and the Courts: A Study of Judicial Review of Prison Justice,” Saint Louis University Public Law Review, vol. 14:153-173 (1994).

James E. Robertson, “Fatal Custody: A Reexamination of Section 1983 Liability for Custodial Suicide,” University of Toledo Law Review, vol. 24: 807-830 (1993) (lead article).

James E. Robertson, “Impartiality and Prison Disciplinary Tribunals,” New England Journal on Criminal & Civil Confinement, vol. 17: 301-335 (1991).

James E. Robertson, “Prison Litigation in England,” Criminal Law Bulletin, vol. 26:246- 261 (1990).

James E. Robertson, “Judicial Review of Prison Discipline in the United States and England: A Comparative Study of Due Process and Natural Justice,” American Criminal Law Review, vol. 26: 1323-1387 (1989).

James E. Robertson, “The Constitution in Protective Custody: An Analysis of the Rights of Protective Custody Inmates,” University of Cincinnati Law Review, vol. 56: 91- 143 (1987).

James E. Robertson, “Swiss Prisons,” Issues: Journal of the College of Social and Behavioral Sciences, MSU, vol. 4: 22-24 (1986).

James E. Robertson, “Surviving Incarceration: Constitutional Protection from Inmate Violence,” Drake [University] Law Review, vol. 35: 101-160 (1985-86).

James E. Robertson, “The Federal Courts and Prison Reform: The Virtues of Judicial Activism,” Case and Comment, vol. 89: 36-39 (July-August 1984).

James E. Robertson, “The Role of Ideology in Prisoners’ Rights Adjudication,” Northern Illinois University Law Review, vol. 4: 271-293 (1984).

James E. Robertson, “When the Supreme Court Commands, Do the Lower Federal Courts Obey? The Impact of Rhodes v. Chapman on Correctional Litigation,” Hamline [University] Law Review, vol. 7: 79-102 (1984).

James E. Robertson, “The Constitutional Rights of an Inmate in an Administrative Segregation Proceeding: Hewitt v. Helms and the Withdrawal of Prisoner’s Rights,” Ohio Northern University Law Review, vol. 11: 57-73 (1984).

James E. Robertson, “The Haymarket Bombing and Trial: Social Disorganization and Criminal Justice in Nineteenth Century America,” Issues: Journal of the College of Social and Behavioral Sciences, MSU, vol. 3: 46-66 (1984).

James E. Robertson, “Correctional Law Developments: Fire Hazards as Constitutional Torts,” Criminal Law Bulletin, vol. 19: 456-469 (1983).

James E. Robertson Page 7 5/9/2018 James E. Robertson, “Teaching Applied Sociology to Today’s Undergraduates: Sociology as Practical Knowledge,” American Sociological Association Teaching Newsletter, vol. 8: 6-7 (April 1983).

James E. Robertson, “Free to Choose: Stanton Samenow and the New Conservative Penology,” Issues: Journal of the College of Social and Behavioral Sciences, MSU, vol. 1: 47-52 (1982).

Book Reviews

Numerous reviews appearing in various journals.

E.g., Journal of Criminal Law and Criminology, American Political Science Review, and Social Science Quarterly.

PRESENTATIONS

Numerous papers and presentations.

“ Blocking the Courthouse Door” (Harvard Law School, 2001); and earlier, at North American Congress on Alcohol and Drug Problems, Academy of Criminal Justice Sciences, American Society of Criminology, Midwest Criminal Justice Association, Midwest Sociological Society, Minnesota Chemical Dependency Association, and Sociologists of Minnesota.

EDITORIAL POSITIONS

 Editor-in -Chief, Criminal Law Bulletin (2002-present).

Select and edit feature articles; oversight of other sections of this scholarly journal. Published six times a year by West Group.

 Contributing Editor, Criminal Justice Review (2001-present).

Provide semi-annual article on prison law developments in the United States Circuit Courts of Appeal.

 Contributing Editor, Criminal Law Bulletin (bimonthly) (2000-2002).

Provide commentary and full-length articles on correctional law.

 Board of Editors, Correctional Law Reporter (1999-present).

 Publication referee, Deviant Behavior (1989-present).

 Publication referee, Criminal Justice Policy Review (1986-present).

PROFESSIONAL MEMBERSHIPS

American Correctional Association

James E. Robertson Page 8 5/9/2018 American Society of Criminology Academy of Criminal Justice Sciences

REFERENCES

 Fred Cohen Professor Emeritus of Criminal Justice State University of New York at Albany 9711 E. Vistas Montanas Tucson, AZ 85749 (520) 760-1149 [email protected]

 William Wagner Dean, College of Social & Behavioral Sciences 113 Armstrong Hall Minnesota State University Mankato, MN 56001 (507) 389-1561 [email protected]

 Michael Welch Administration of Justice Program, School of Social Work, Lucy Stone Hall, B Wing Rutgers University P.O. Box 5062 New Brunswick, NJ 08903-5602 (732) 445-4699 [email protected]

 Erik Nils Larson, Attorney-at-Law Office of the California State Public Defender (capital appeals) 221 Main Street, 10th Floor San Francisco, CA 94105 (415) 904-5600 [email protected]

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