Department of Sociology & Corrections Fax 507.389.5615

JAMES E. ROBERTSON

Distinguished Faculty Scholar & Professor of Corrections

Department of Sociology & Corrections Fax 507.389.5615 Minnesota State University E-Mail [email protected] 113 Armstrong Hall Telephone 507.389.5601 Mankato, MN 56001 “BIO-SKETCH” In some 60 individually authored articles and essays, covering more than 1,000 journal pages, Professor Robertson has delineated, critiqued, and championed the rights of prisoners. His several articles on litigation brought by the victims of prisoner rape may constitute the definitive treatment of this subject. He was the first faculty member of Minnesota State University to be designated “Distinguished Faculty Scholar” in recognition for a body of scholarship. Professor Robertson is editor-in-chief of the Criminal Law Bulletin, a scholarly journal of six yearly issues that is published by Thomson West; he is also a contributing editor of Criminal Justice Review and Correctional Law Reporter. His consultancies include capital punishment appeals for the California State Public Defender and civil rights suits involving prison rape and custodial suicide. He has been interviewed by the Los Angles Times, National Public Radio, and other media outlets on prison rape and other aspects of imprisonment. Robertson graduated Phi Beta Kappa from the University of Washington; later, he received law diplomas from Washington University in St. Louis and Oxford University. He also earned a master of arts degree in criminal justice from California State University, Sacramento.

Annotated Curriculum Vitae

PROFESSIONAL EXPERIENCE

PROFESSOR OF CORRECTIONS, MINNESOTA STATE UNIVERSITY (1980- )

 First to be designated “Distinguished Faculty Scholar” within the entire faculty of Minnesota State University (April 2008).

Awarded for “national and international scholarly reputation.”

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

“ Presented [by the College Advisory Board for]. . . extraordinary devotion to teaching and learning.”

Four-year, 2005-2009, evaluation by his college dean (May, 2010): You continue to be excellent in everything you do. . . .Your title as Distinguished Faculty Scholar is truly well deserved.”

Four-year, 2001-2005, evaluation by his college dean (Nov. 2005): “[Your] publication record . . . outstrips anyone in this College. . . . I can be nothing but highly complementary of your amazing work in research, writing, publishing, and editing. . . .You demonstrate excellence in teaching, support of students, your own professional growth and in the service you offer.”

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

 First recipient of “Advisor Recognition Award,” College of the Social and Behavioral Sciences (November 1999).

Praised as “extraordinary, distinguished.”

CONSULTANT (1980- )  Consultant to California Public Defender, Capital Punishment Division, San Francisco, California (2000 to present).

In re Lynch Contracted to prepare appellate mitigation declaration.

In re Huges Prepared appellate mitigation declaration on effects of imprisonment characterized by “institutional failure;” and 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).

2 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.

 Several Pro Bono Consultations.

RESEARCH CRIMINOLOGIST (1975-1979)

 Center for the Study of Law and Society, University of California, Berkeley (1979-1979; :resigned upon acceptance of present position)

Studied impact of state’s determinate sentencing law .

 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).

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 (1976-79)

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

HIGHER 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.

Oxford University is one of the world’s leading centers for legal education, with exceptionally selective admissions requirements.

 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.”

I secured my M.A. while working as a research criminologist with American Justice Institute, the National Counsel on Crime and Delinquency, and the National Consortium on Criminal Justice information and Statistics.

I was appointed adjunct assistant professor of criminal justice during my course of study.

 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 entails 3 years of full-time study.

The WU law school is ranked by U.S. News among the “top 20” of the “top 100” law schools. Highly selective admissions criteria (96th percentile).

 BACHELOR OF ARTS, Phi Beta Kappa, magna cum laude (top 1%), UNIVERSITY OF WASHINGTON, Seattle, Washington (1972) .

4 Elected to Phi Beta Kappa, “America’s most famous honor society” – Wall Street Journal (only 1% of college seniors achieve this honor for high academic achievement in the liberal arts).

Elected to Phi Alpha Theta, the national honor society for the study of history.

Honors thesis in history: “The Haymarket Trial and the Awakening of America.”

NATIONAL MEDIA RECOGNITION

 Wall Street Journal, Aug. 26, 2008

Interviewed by reporter Bobbie White about the challenges facing prison authorities in California in their quest to integrate prison cells. Bobbie White, “California to Desegregate Prison Cells, After Long Legal Battle,” Wall St. J., July 2, 2008, at A3.

 National Public Radio, Sept. 30 – Oct. 5, 2003.

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. Fred Dickey, “Rape. How Funny is it?” Los Angles Times Magazine, pp. 22-23, 43-44, Nov. 3, 2002.

PUBLICATIONS

ARTICLES

James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2009,” Criminal Justice Review, vol. 35(2):260-272 (2010).

James E. Robertson, “One of the Dirty Secrets of American Corrections: Retaliation, Surplus Power, and Whistleblowing Inmates," University of Michigan Journal of Law Reform, vol. 42:611-649 (2009).

5 James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2007,” Criminal Justice Review, vol. 33(2):266-28 (2008).

James E. Robertson, “The Rehnquist Court and the ‘Turnerization’ of Prisoners’ Rights,” New York City Law Review [City University of New York Law School], vol. 10:97- 125 (2006) (lead article).

James E. Robertson, Foreword: “Separate But Equal” in Prison: Johnson v. California and Common Sense Racism,” Journal of Criminal Law and Criminology, vol. 96:795-848 (2006) (lead article).

James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2004-2005,” Criminal Justice Review, vol. 31:185-204 (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. 24 :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).

6 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, “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).

7 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) (reprinted).

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, “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).

8 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, “Teaching Applied Sociology to Today’s Undergraduates: Sociology as Practical Knowledge,” American Sociological Association Teaching Newsletter, vol. 8: 6-7 (April 1983).

9 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).

ENCYCLOPEDIA ENTRIES

James E. Robertson, “Prisoners and Freedom of Speech,” Encyclopedia of American Civil Liberties (Paul Finkleman et al. eds., 2006).

James E. Robertson, “Prisoners and Free Exercise Clause Rights,” Encyclopedia of American Civil Liberties (Paul Finkleman et al. eds., 2006).

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

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

REVIEW-ESSAYS (2000 or more words)

James E. Robertson, “Children Doing Adult Time: Applying the Proportionality Principle to Conditions of Confinement,” Correctional Law Reporter, vol. 22(4) (December-January 2010-2011) (in press).

James E. Robertson, “Justice John Paul Stevens: Correctional Law Dissenter,” Correctional Law Reporter, vol. 22(3):41-42 (October-November 2010).

James E. Robertson, “Was it a ‘real’ Rape?,” Correctional Law Reporter, vol. 22(2):25-26 (August-September 2010).

James E. Robertson, “’Let’s Get Physical’: Section 1997e(e) of the Prison Litigation Reform Act,” Correctional Law Reporter, vol. 22(1):7-9 (June-July 2010).

James E. Robertson, “The Legacy of Bell v. Wolfish for Pretrial Detainees,” Correctional Law Reporter, vol. 21(6):89-90 (April-May 2010).

James E. Robertson, “Johnson v. California and Racialized Space in the Nation’s Prisons,” Correctional Law Reporter, vol. 21(5):73-74 (February-March 2010).

James E. Robertson, “Civil Disabilities and Citizenship: The New Color Line,” Correctional Law Reporter, vol. 21(4):57-58, 63 (December-January 2009-2010).

James E. Robertson, “The Great Felon Migration: The “Reentry Crisis” and the Second Chance Act of 2007, Correctional Law Reporter, vol. 21(3):41, 44, 47 (October- November 2009).

10 James E. Robertson, “Prisoners’ Right to Health Care,” Correctional Law Reporter, vol. 21(2):25, 31 (August-September 2009).

James E. Robertson, “A ‘Hero’ Judge in a Correctional Crisis,” Correctional Law Reporter: vol. 21(1):9-10, 12 (June-July 2009).

James E. Robertson, “‘Donny’s Law’: Assessments of the Prison Rape Elimination Act,” Correctional Law Reporter: vol. 20(6):89-91 (April-May 2009).

BOOK REVIEWS

Numerous reviews. They have been published in several journals, including Journal of Criminal Law & Criminology, American Political Science Review, and Social Science Quarterly.

PRESENTATIONS

Numerous papers and presentations.

They have been prepared for several forums, including “Conditions of Confinement Colloquium (Fordham Univ. Law School (Oct. 2008); Prison Reform Revisited (Pace Univ. Law School ,2003); “Blocking the Courthouse Door” (Harvard Law School, 2001); 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).

Published Reuters West, this scholarly journal is in its 45th volume and publishes articles on the legal aspects of criminal justice. The editor-in- chief oversees 6 issues per year (over 1500 pages of printed material). In the preparation of each issue, the editor-in-chief undertakes diverse and time consuming duties. 1) I oversee the development of the several sections (feature articles, forensic science workshop, evidence workshop, review of the legal literature, and book review) found in each issue. 2) I exercise final authority in the selection of feature articles. 3) I undertake extensive, “hands-on” copy editing of the feature articles.

11 4) I scrutinize the dense footnoting commonplace in legal journals so as to ensure compliance with the Bluebook: A Uniform System of Citation, a 700-page set of rules. 5) I serve as the liaison between the contributors and the publisher, Thomson West.

 CONTRIBUTING EDITOR, Criminal Justice Review (2000-present).

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

 CONTRIBUTING EDITOR, Correctional Law Reporter (2009-present).

Provide review-essays on developments in the legal literature about correctional law.

 CONTRIBUTING EDITOR, Criminal Law Bulletin (bimonthly) (2000-2002).

Provided commentary and full-length articles on correctional law.

 BOARD OF EDITORS, Correctional Law Reporter (1999-present).

 PUBLICATION REFEREE Criminal Justice Review (2001-present) Deviant Behavior (1989-present) Criminal Justice Policy Review (1986-present).

PROFESSIONAL MEMBERSHIPS

 Oxford University Law Society

 American Correctional Association

 American Society of Criminology

 Academy of Criminal Justice Sciences

SERVICE

 External Reviewer of Tenure/Promotion Candidates: Michael Vaughn, from associate to full professor, Georgia State University (2005). Henry Fradella, from associate to full professor, College of New Jersey (2006). Gloria Marshall, tenure and promotion to associate professor of criminal justice, City University of New York, John Jay College of Criminal Justice (2007).

12  Numerous 2-year terms on all departmental committees (1980-present).

 Acting department chairperson, fall semester (1998-1999).

 Chair of university tenure and promotion committee (1990-1992).

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 Professor of Sociology & Corrections 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]