SHARON L. DAVIES

The Ohio State University Michael E. Moritz College of Law Kirwan Institute for the Study of Race & Ethnicity Drinko Hall, Room 321 33 West 11th Avenue 55 West 12th Avenue Columbus, Ohio 43201 Columbus, Ohio 43210 Telephone: (614) 688-5429 (614) 688-3389 Facsimile: (614) 292-2035 E-mail: [email protected]

CURRENT EMPLOYMENT

Gregory H. Williams Chair in Civil Rights & Civil Liberties, Michael E. Moritz College of Law, The Ohio State University July 1, 2013 - present

Executive Director, Kirwan Institute for the Study of Race & Ethnicity, The Ohio State University January 2012 – present

OTHER EMPLOYMENT

United States Attorney's Office for the Southern District of , New York, New York Assistant Attorney, Criminal Division August 1990 – February 1995

Lord Day & Lord, Barrett Smith, New York, New York Litigation Associate Summer 1988 – August 1990

Steptoe & Johnson, Washington, D.C. Litigation Associate Summer 1987 – Summer 1988

Lord Day & Lord, New York, New York Summer Associate Summer 1986

Rheinhardt & Shachter, Newark, New Jersey Summer Associate Summer 1985

TEACHING EXPERIENCE

The Ohio State University, Michael E. Moritz College of Law, Columbus, Ohio

Gregory H. Williams Chair in Civil Rights & Civil Liberties, July 1, 2013.

John C. Elam/Vorys Sater Professor of Law – September 2011 to 2013 John C. Elam/Vorys Sater Designated Professor of Law – December 2002 to 2011 Associate Dean for Faculty – January 2004 to June 2006: Professor of Law – August 2002 Associate Professor of Law – August 1999 Assistant Professor of Law – August 1995 to 1999

Principal Subjects: Civil Rights Law; Criminal Law; Criminal Procedures; Evidence; Advanced Topics In Criminal Justice; Race and Law

University of Michigan School of Law, Ann Arbor, Michigan

Visiting Professor of Law – Fall Semester 2003 Subjects: Criminal Law; Advanced Topics in Criminal Justice (seminar)

St Anne’s College, University of Oxford, Oxford, England

The University of Oxford – Ohio State University Summer Law Program Associate Professor of Law – Summer 2001 Subject: Comparative Trial Practice

EDUCATION

Columbia University School of Law, New York, New York. J.D., May, 1987 Harlan Fiske Stone Scholar; Notes & Comments Editor, Columbia Law Review; Member, Black Law Students Association

University of Massachusetts at Amherst. B.A. in Political Science, 1984 Speaker of the Student Senate

AWARDS AND HONORS

Named Gregory H. Williams Chair in Civil Rights & Civil Liberties, effective July 1, 2013.

The Liberty Bell Award, The Columbus Bar Association. June 2013.

Awarded Key to the City of Birmingham, Alabama for the contributions Rising Road made to illuminating the city’s history, April 2011

Appointed to the Ohio Advisory Committee to the U.S. Commission on Civil Rights, February 2013 (2 year term)

Named John C. Elam/Vorys Sater Designated Professor of Law, Michael E. Moritz College of Law, The Ohio State University, December 2002

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Academic Leadership Fellow, Committee on Institutional Cooperation (CIC), Academic Leadership Program for 2001-2002

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PUBLICATIONS

Books and Book Chapters

The Debate Continues--Fisher v. University of Texas, chapter in special three volume anthology on Affirmative Action under contract with Praeger (in progress)

RISING ROAD, A TRUE TALE OF LOVE, RACE AND RELIGION IN AMERICA (Oxford University Press 2011) (paperback).

RISING ROAD, A TRUE TALE OF LOVE, RACE AND RELIGION IN AMERICA (Oxford University Press 2010) (hardcover).

MEDICARE AND MEDICAID FRAUD AND ABUSE (3d. ed. West Group 2002-03) (with Timothy S. Jost).

MEDICARE AND MEDICAID FRAUD AND ABUSE (2d. ed. West Group 2001-02) (with Timothy S. Jost).

MEDICARE AND MEDICAID FRAUD AND ABUSE (West Group 1998) (with Timothy S. Jost).

Articles, Essays and Book Reviews—Criminal Law and Criminal Procedure

Sharon Davies, Criminal Speech, Book review of David S. Reynolds’s Mightier than the Sword (2012).

Sharon Davies, Murdered for the Faith, Our Sunday Visitor 14-15 (June 6, 2010).

Sharon L. Davies, Katz in the Age of Hudson v. Michigan: Some Thoughts on Suppression as a Last Resort, 41 U.C. DAVIS L. J. 1035 (2008) (with Anna Scanlon).

Sharon L. Davies, Taking Hudson Seriously—The Case for Miranda-Defective Suppression, 39 TEX. TECH. L. REV. 1207 (2007).

Sharon L. Davies, The Reality of False Confessions: Lessons of the Central Park Jogger Case, 30 N.Y.U. JOURNAL OF LAW & SOCIAL CHANGE 209 (2006).

Sharon L. Davies, Defending Mohammad, Justice on Trial, 102 MICHIGAN LAW REVIEW 1130 (2004) (book review).

Sharon L. Davies, Profiling Terror, 1 OHIO STATE CRIMINAL LAW JOURNAL 45 (2003).

Sharon L. Davies, Study Habits: Probing Modern Attempts to Assess Minority Offender Disproportionality,@ 66 LAW AND CONTEMPORARY PROBLEMS 101(2003).

Sharon L. Davies, The Penalty of Exclusion—A Price or Sanction?, 73 SOUTHERN CALIFORNIA LAW REV. 101 (2000).

Sharon L. Davies, The Jurisprudence of Willfulness: An Evolving Theory of Excusable Ignorance, 48 DUKE LAW JOURNAL 341 (1998).

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Articles, Essays and Book Reviews—Health Care Fraud and Abuse

Sharon L. Davies, The Empire Strikes Back: A Critique of the Backlash Against Fraud and Abuse Enforcement, 51 ALABAMA LAW REVIEW 239 (Fall 1999) (with Timothy S. Jost). Solicited contribution to symposium issue addressing Health Care Fraud: Past, Present and Future.

Sharon L. Davies, Managed Care: Placebo or Wonder Drug for Health Care Fraud and Abuse?, 31 UNIVERSITY OF GEORGIA LAW REVIEW 373 (Winter 1997) (with Timothy S. Jost). Solicited contribution to symposium issue addressing Managed Health Care.

Other Publications

Sharon L. Davies, Fisher v. University of Texas and the Future of Race Conscious Admissions Practices, Drum (2013).

Sharon L. Davies, Identifying the Nature of the Penalty of Exclusion: A Price or Sanction? (Part I), Vol.28, No. 6, SEARCH AND SEIZURE LAW REPORT 41-48 (West Group) (July 2001).

Sharon L. Davies, Identifying the Nature of the Penalty of Exclusion: A Price or Sanction? (Part II), Vol. 28, No. 7, SEARCH AND SEIZURE LAW REPORT 48-56 (West Group) (August 2001).

Sharon L. Davies, Arraignment, THE ENCYCLOPEDIA OF CRIME AND JUSTICE (rev. ed.) (2001).

Sharon L. Davies, Bryan v. United States: Clarification of the Anti-Kickback Statute’s Scienter Requirement, HEALTH LAW NEWS, Vol. XII, No. 1, at 10 (September 1998).

Sharon L. Davies, Willfulness Under the Anti-Kickback Rules—Lessons from Bryan v. United States, THE HEALTH , Vol. 10, No. 6 at 14-18 (July 1998).

Sharon L. Davies, Guidance on the Meaning of 'Willfulness' Looming? How Bryan Might Affect the Hanlester Debate, THE HEALTH LAWYER, Vol. 10, No. 4 at 14-18 (March 1998).

Sharon L. Davies, The Fraud and Abuse Statute: Rationalizing or Rationalization? 15 HEALTH AFFAIRS 129 (Winter 1996) (with Professor Timothy S. Jost).

Sharon L. Davies, New Limits on Superseniority: Ignoring the Importance of Efficient Union Operations, 86 COLUMBIA LAW REVIEW 631 (1986).

BAR ADMISSIONS AND PROFESSIONAL AFFILIATIONS

Admissions New York, First Department, March 1988.

Affiliations

Member, Ohio State Board of Trustees Working Group on Diversity & Inclusion, 2012

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Member, American Bar Association Criminal Justice Section Planning Committee, 2012 Member, Association of American Law Schools, Committee on Sections and Annual Meeting, January 2007–2010 Member, Association of American Law Schools, Special Committee on Open Source Programs, January 2007–2008 Chair, Association of American Law Schools, Section on Criminal Justice, January 2005–2006 Chair-Elect, Association of American Law Schools, Section on Criminal Justice, Jan. 2004–2005 Secretary, Association of American Law Schools, Section on Criminal Justice, Jan. 2003–2004 Chair, AALS Planning Committee for Criminal Justice Workshop, January 2005–June 2006 Member, American Bar Association, 1995–present Executive Committee, Association of American Law Schools Section on Criminal Justice, 1995– present Member, AALS Committee on Professional Development, three year appointment, 1999–2002 Member, AALS Evidence Planning Committee, 2000–2002 Member, AALS Trust and Estates Planning Committee, 1999–2001 Chair, Columbus Bar Association Task Force on Racial Profiling, 2000–2001 Member, The American Bar Association Health Law Section, 1997 Member, Ohio Women in Legal Education, 1995–present Member, New York State Bar Association, 1987–present Member, Association of the Bar of the City of New York, 1987–present Member, Association of American Law Schools Section on Minority Groups, 1995–present Member, Franklin County Inns of Court, Columbus, Ohio, 1998–present

PROFESSIONAL SPEAKING ENGAGEMENTS

Workshop Presentation, The 1854 Flight of Samuel Green Jr., Harriet Tubman Underground Railroad Conference, Cambridge, MD, June 1, 2013.

Presentation, Diversity Management at U.S. Universities to a Delegation of Presidents of Leading Universities in Germany hosted by The Ohio State University, May 9, 2013.

Moderator, The Education Equation: Neighborhoods’ Impact on Children, Columbus Metropolitan Luncheon Panel Discussion, May 15, 2013.

Panelist, Race in the Mind, Lessons from Cognitive Science about Unconscious Racial Bias, W. K. Kellogg Foundation America Healing conference, Ashville, N.C. April 24, 2013.

Presentation, President and Provost’s Leadership Institute Workshop, The Women’s Place on Lessons from Cognitive Science about Unconscious Bias, March 29, 2013.

Presentation, Ohio Attorney General’s Office, African American Employee Network, Martin Luther King, Jr.: What Dreams Would he Fight for Now?, February 26, 2013.

A Conversation with Geoffrey Canada, Archie Griffin Ballroom, The Ohio State University, February 13, 2013.

Keynote Presentation, Education as the New Civil Rights Frontier, The Implications of Fisher v.

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University of Texas for Dr. Martin Luther King’s Dreams for Equality in America, MLK Symposium Columbus Bar Association, January 30, 2013

Closing Plenary Speaker, “Dismantling Barriers to Institutional Racism in the 21st Century,” National Black Caucus of State Legislators 36th Annual Legislative Conference, Washington, D.C., December 8, 2012.

Panelist, Supreme Court Roundtable, Moritz College of Law, The Ohio State University, Columbus, Ohio, November 13, 2012.

Keynote Speaker, “Race in the Mind—Lessons from Cognitive Science about Unconscious Racial Bias,” YWCA Great Lakes Alliance Region, Columbus, Ohio, October 4, 2012.

Presenter, “Unconscious Bias and the Criminal Justice System,” Ohio Court of Appeals Judges Association (OCAJA) Annual Fall Conference, Columbus, Ohio, September 12, 2012.

Presenter, “Why do we Celebrate Diversity,” Moritz College of Law, Orientation, Columbus, Ohio, August 15, 2012.

Panelist, “Current State of Black Communities in America,” National Conference of State Legislatures, Joint Caucus Meeting of the NAPACSL, NBCSL, NCNACSL, NHCSL, New Orleans, June 2, 2012.

Keynote Speaker, “Structural Racialization and Implicit Bias,” National Conference of State Legislatures, Joint Caucus Meeting of the NAPACSL, NBCSL, NCNACSL, NHCSL, New Orleans, June 1, 2012.

Moderator, Opening Plenary, “Framing Brown and Mendez in Contemporary Context, Policy Progress and Prospects,” National Conference for School Diversity, Washington, D.C. May 18, 2012.

Presenter, “The Significance of Fisher v. Texas to Diversity in Higher Education,” John Mercer Langston Bar Association, Columbus, Ohio, June 20, 2012.

Moderator, “Trayvon Martin, Shaima Alawadi, and Racial Profiling,” a forum sponsored by the Office of Diversity and Inclusion, Moritz College of Law, BLSA, LLSA, SBA, APLSA, MELSA, and SPEAK, April 11, 2012.

Panelist, “Diversity in the Criminal Justice System,” a forum sponsored by APLSA, Moritz College of Law, Columbus, Ohio, April 12, 2012.

Presenter, The 1857 Prosecution of Rev. Samuel Green,Moritz College of Law 2011 Summer Brown Bag Series, Columbus, Ohio, August 3, 2011.

Interview, EWTN Live, Rising Road, Birmingham, Alabama, July 20, 2011.

Presenter, The 1857 Prosecution of Rev. Samuel Green, Harriet Tubman/Underground Railroad Annual Conference, Cambridge, Maryland, June 4, 2011.

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Speaker, John C. Elam Award Ceremony, Upper Arlington, Ohio, May 22, 2011.

Panelist, Writing about History, South Carolina Book Festival, Columbia, SC., May 15, 2011.

Public interview of Pulitzer-prize winner, James B. Stewart, Columbus Museum of Art, Columbus, Ohio, May 5, 2011.

Author address, Birmingham Bar Association, Birmingham, Alabama, April 5, 2011.

Author address, John Carroll High School, Birmingham, Alabama, April 5, 2011.

Author talk, Rising Road, Bexley Public Library, Bexley, Ohio, March 9, 2011. OSU Read Aloud, OSU Library, Columbus, Ohio, January 27, 2011.

Presenter, Rising Road, Gathering of Clergy, Newman Center, The Ohio State University, Nov. 5, 2010.

Presenter, Rising Road, Unitarian Church, Columbus, Ohio, Nov. 4, 2010.

Presenter, The Case against Willis Lago, OSU African American & African Studies, Community Extension Center, Columbus, Ohio, Oct. 19, 2010.

Keynote Speaker, Rising Road, St. Paul’s Catholic Church, Birmingham, Oct. 17, 2010.

Cordell Hull Lecture of 2011, Cumberland Law School, Birmingham, Alabama, Oct. 14, 2010.

Keynote Speaker, Ohio Center for Law Related Education, 20th Annual Conference, Sept. 27, 2010.

Panelist, Childress Lecture Panel Discussion, St. Louis Univ. Law, St. Louis, Missouri, Sept. 24, 2010.

Keynote Speaker, Thurber House Summer Literary Picnic, Columbus, Ohio, August 11, 2010.

Keynote Speaker, Birmingham Public Library @ Night, Birmingham, Alabama, June 22, 2010.

Speaker, American Board of Trial Advocates Ohio Chapter, Rising Road, April 22, 2010.

Presenter, Alabama Book Festival, Montgomery, Alabama, Rising Road, April 17, 2010.

Panelist on Identity and Intersectionality in Honor of the Appointment of Justice Sonia Sotomayor, Southeast/Southwest People of Color Legal Conference, Columbia, S.C., March 27, 2010.

Presenter, Howard University College of Law, Washington, D.C., Rising Road, April 12, 2010.

Presenter, University of School of Law, Rising Road, Feb. 2, 2010.

Presenter, University of Notre Dame School of Law, Rising Road, Jan. 29, 2010.

Presenter, Federal Bar Association, Columbus, Ohio, Rising Road, Jan. 27, 2010.

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Dean Alfange, Jr. Lecture in American Constitutionalism, University of Massachusetts, Oct. 8, 2009.

Moderator, panel, 2009 Symposium on “The Jurisprudence of Ruth Bader Ginsburg: A Discussion of Fifteen Years on the U.S. Supreme Court,” Moritz College of Law, Columbus, Ohio, April 10, 2009.

Panelist, Leadership in the Academy, 2009 AALS Annual Meeting, January 2009.

Keynote Speaker, The Reality of False Confessions: Lessons of the Central Park Jogger Case, 5th Annual Criminal Justice Forum, Cleveland-Marshall College of Law, April 29, 2004.

Invited Panelist, False Confessions, 2004 AALS Annual Meeting, Co-sponsored by Criminal Justice and Evidence Sections.

Invited Speaker, Opening Roundtable Discussion on Militarisms and Other “Isms”: A Critical Discussion of Current Affairs,@ Eighth Annual LatCrit Conference, Cleveland, Ohio, May 1, 2003.

Invited Speaker, Ethnic Profiling after September 11, 2001, 16th International Conference, The International Society for the Reform of the Criminal Law, Charleston, South Carolina, December 10, 2002.

Invited Panelist, Racial Profiling Community Forum, sponsored by Columbus City Council Member Kevin Boyce and the Columbus Urban League, Columbus, Ohio, August 29, 2001.

Invited Panelist, Developments in Ohio Rules of Evidence, sponsored by Professional Education Systems, Inc., Columbus, Ohio, October 20, 2000.

Invited Panelist, Developments in Ohio Rules of Evidence, sponsored by Professional Education Systems, Inc., Columbus, Ohio, September 30, 1999.

Invited Speaker, Health Care Fraud and Abuse, 20th Annual Health Law Teacher's Conference, sponsored by the American Society of Law, Medicine and Ethics and the Center for Health Law Studies of the St. Louis University School of Law, St. Louis, Missouri, June 3, 1999.

Invited Speaker, Health Care Fraud and Abuse, 19th Annual Health Law Teacher's Conference, sponsored by the American Society of Law, Medicine and Ethics and the Health Law and Policy Institute of the University of Houston Law Center, Houston, Texas, June 1998.

Invited Commentator, 9th Annual Midwestern People of Color Legal Scholarship Conference; Commented on a paper regarding incarceration rates of African American males presented by Law Professor Robin Magee, March 27, 1998.

Keynote Speaker, Fraud and Abuse in Managed Care, 1997 Medicaid Fraud Control Unit Training Conference, sponsored by the National Association of Medicaid Fraud Control Units, Cleveland, Ohio, July 20, 1997.

Invited Speaker, Recent Developments in Criminal Procedure, Ohio Municipal Attorney's Association, 1996 Municipal Law Institute, July 12, 1996.

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Invited Speaker, Medicaid and Medicare Fraud—The Imposition of the Criminal Sanction, Conference on Fraud in Life and Health Insurance, sponsored by the Ohio Department of Insurance, November 16, 1995.

SERVICE

University Committees Member, Advisory Oversight Committee to Kirwan Institute for the Study of Race and Ethnicity, 2002–2012 Search Committee, Director of the Kirwan Institute for the Study of Race and Ethnicity, August 2001 to April 2002 Search Committee, Dean, Moritz College of Law, April 2001–July 2001

Law School Committees Diversity & Inclusion Committee, 2012- present Appointments Committee, 2011-12 Administration Committee, 2009-2010 Promotion & Tenure Committee, 2006 Academic Affairs Committees, 2005, 2004 Appointments Committee, 2005, 2004, 2001-02, 1996-97 Long Range Planning Committee, 2004 Committee on Minority Affairs and Affirmative Action, 1996-97, 1998; Chair, 1999, 2000 College Investigation Committee, 1999-2001 Honor Council, Advisor to Prosecutor, 1999-2000 Admissions Committee, 1997-1998, 1995-1996

Other Faculty Advisor, Frederick Douglass Moot Court Team, 2000–01, 2001–02, 2002–03 Faculty Advisor, Criminal Law Moot Court Team, 1999–2000 Co-Faculty Advisor, Criminal Law Moot Court team, 1998–99 Co-Faculty Advisor, to the Gay Lesbian Bisexual Law Caucus (GLBLC), 1997–98

SERVICE OUTSIDE THE MICHAEL E. MORITZ COLLEGE OF LAW

Member, Ohio Advisory Committee to the U.S. Commission on Civil Rights, 2013 – present Member, Selection Committee U.S. Magistrate Judge, Columbus, Ohio, 2009 Member, American Association of Law Schools, Committee on Sections and Annual Meeting (appointed by President of AALS for a three-year term) 2007–2010 Chair, Criminal Justice Section, Association of American Law Schools (AALS), 2005–06 Chairperson-Elect, Criminal Justice Section, Association of American Law Schools (AALS), 2004–05 Secretary, Criminal Justice Section, Association of American Law Schools (AALS), 2003–04 Chairperson, Columbus Bar Association Task Force on Racial Profiling, 2000–2001 Member, American Association of Law Schools, Committee on Professional Development; Appointed by President of AALS for a three-year term, 1999–2002 Member, American Association of Law Schools, Evidence Planning Committee, 2000–2002 Member, American Association of Law Schools, Trust and Estates Planning Committee, 1999–2001

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RADIO AND TELEVISION CONTRIBUTIONS

Guest Commentator, Channel 4, The Trayvon Martin verdict, July 15, 2013 EWTN Live interview, Rising Road, July 20, 2011 Panelist, Sixth Annual Statewide Tribute to Rosa Parks, WOSU@COSI Studios, Columbus, Ohio (concerning Penick v. Brd. of Education, the desegregation order of the Hon. Robert Duncan), November 30, 2010 Press Conference, Rising Road, Chancery Office for the Catholic Archdiocese of Mobile, Mobile, Alabama, May 4, 2010 Third Annual Forum on the Law Lecture, The Ohio Supreme Court, Rising Road, April 27, 2010 Writer’s Talk, WCBE, The Ohio Channel, On Writing Rising Road, March 12, 2010 Guest Commentator, CourtTV Radio, false confessions & the JonBenet Ramsey arrest, August 25, 2006 Guest Commentator, WAQY, false confessions & the JonBenet Ramsey arrest, Aug. 21, 2006 Guest Commentator, WGST, false confessions & the JonBenet Ramsey arrest, WGST, Aug. 21, 2006 Guest Commentator, Fox News, false confessions & the JonBenet Ramsey arrest, Aug. 19, 2006 Guest Commentator, CKGL, false confessions & the JonBenet Ramsey arrest, Aug. 18, 2006

Guest Commentator, CFUN, false confessions & the JonBenet Ramsey arrest, Aug. 18, 2006 Guest Commentator, WAZO, 107.1 FM, racial profiling, April 15, 2001 Guest Commentator, WOSU, United States v. Dickerson, July 22, 1999 Guest Commentator, WTVN News Radio, 610 AM, Columbus, Ohio; discussing the House Judiciary Committee hearings concerning allegations of criminal conduct respecting the President of the United States, October 11, 1998 Guest Commentator, WTVN News Radio; disclosure of grand jury materials collected by Independent Counsel Kenneth Starr to Congress and the public, September 21, 1998 Guest Commentator, WTVN News Radio, constitutional basis for impeachment or censure of the President of the United States in connection with the Monica Lewinsky scandal, September 20, 1998 Guest Commentator, WTVN News Radio, the role of the grand jury, February 22, 1998 Guest Commentator, WTVN News Radio, discussing the Unabomber trial, January 11, 1998 Guest Commentator, WTVN News Radio, the Terry Nichols trial, December 28, 1997 Guest Commentator, WTVN News Radio, the Louisa Woodward (British Nanny) trial, November 16, 1997 Guest Commentator, WTVN News Radio, Megan’s Laws, July 13, 1997 Guest Commentator, WTVN News Radio, the trial of Timothy McVeigh: April 20, 1997, April 27, 1997, May 4, 1997, May 18, 1997, and May 25, 1997

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