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SCOTT E. SUNDBY Washington & Lee SCOTT E. SUNDBY Washington & Lee School of Law Lexington, Virginia 24450 (540) 458-8016 E-mail: [email protected] PROFESSIONAL EMPLOYMENT: 1992-present Sydney and Frances Lewis Professor of Law, Washington & Lee University, School of Law, Lexington, Virginia Subjects taught: Criminal Law, Criminal Procedure: Investigation, Criminal Procedure: Prosecution, Comparative Criminal Procedure, Constitutional Law, International Human Rights and Criminal Justice; Seminars on Capital Punishment, Advanced Criminal Procedure, Procedural Due Process, and Fourth Amendment Director, Frances Lewis Law Center (1997-2001) Faculty member responsible for overseeing research activities at the law school and for organizing enrichment programs. Fall 2008 Visiting Professor, University of Miami Law School, Coral Gables, FL Spring 2008 Visiting Fellow, Universitat Jaume I, Castelló de la Plana, Valencia, Spain Spring 2002 Visiting Fellow, Griffith University, Brisbane, Australia Fall 1999 Visiting Goldstein Professor of Public Interest Law, Florida State University, School of Law, Tallahassee, Florida 1994-95 Special Assistant United States Attorney, Southern District of Florida, Miami, Florida 1984-92 University of California - Hastings College of the Law, San Francisco, California – Assistant Professor, 1984-87; Associate Professor, 1987-90; Professor, 1990-92 Fall Semesters Visiting Professor, Boalt Law School, University of California- 1986 and 1987 Berkeley, California 1983-84 Judicial clerk to The Honorable Phyllis A. Kravitch, United States Court of Appeals, Eleventh Circuit, Atlanta, Georgia EDUCATION: Cornell Law School, J.D., summa cum laude, 1983 Editor-in-Chief, Cornell Law Review Order of the Coif Vanderbilt University, B.A., summa cum laude, 1980 Phi Beta Kappa; English Honors Program-Awarded Highest Honors; Harold Stirling Vanderbilt Honor Scholarship Page Two SCOTT E. SUNDBY MAJOR PUBLICATIONS: BOOKS A LIFE AND DEATH DECISION: A JURY WEIGHS THE DEATH PENALTY (Palgrave Macmillan/St. Martin=s Press - April 2005; paperback October 2007) $ Finalist for 2006 A.B.A Silver Gavel Award ARTICLES/ESSAYS War and Peace in the Jury Room: How Capital Juries Reach Unanimity, 62 Hastings Law Journal – (2010) Exclusionary Rule Creation Stories, - Texas Tech Law Review – (2010) (Invited Paper for Symposium on “Fourth Amendment Search and Seizure”) (with Lucy Ricca) Mapp v. Ohio’s Unsung Hero: The Suppression Hearing as Morality Play, 85 Chicago-Kent Law Review 255 (2010) (Invited Paper for Symposium on “Criminal Procedure and the Roberts Court) Oyendo Al Jurado A Traves de La Puerta: Una Perspectiva de La Aplicacion de la Pena de Muerte en America, 15 Revista de Derecho Procesal (2008) (with Professor Maria Angeles Cebadera Perez) (“Listening at the Jury Room Door: Understanding America and the Death Penalty”) Caminando Sobre La Cuerda Floja Constitucional: La USA PATRIOT Act y La “Guerra Contra El Terror,” 15 Revista General de Derecho Procesal (2008) (with Professor Maria Angeles Cebadera Perez) (“Walking the Constitutional Tightrope: The USA PATRIOT Act and the ‘War Against Terror’”) Competent Capital Representation: The Necessity of Knowing and Heeding What Jurors Tell Us About Mitigation, 36 Hofstra Law Review 1035 (2008) (with John Blume and Sheri Lynn Johnson) (Invited Paper for Symposium on “Guidelines for Mitigation in Death Penalty Cases”) Why the Downturn in Death Sentences? in THE FUTURE OF AMERICA’S DEATH PENALTY (Carolina Academic Press 2008) (with William Bowers) The Death Penalty=s Future: Charting the Crosscurrents of Declining Death Sentences and the McVeigh Factor, 84 Texas Law Review 1929 (2006) (Invited Paper for Symposium on APunishment Law and Policy@) Protecting the Citizen AWhilst He is Quiet@: Suspicionless Searches, ASpecial Needs@ and General Warrants, 74 Mississippi Law Journal 501 (2005) (Invited Paper for Symposium on AThe Tools to Interpret the Fourth Amendment,@ National Center for Justice and the Rule of Law, University of Mississippi) Page Three SCOTT E. SUNDBY Moral Accuracy and AWobble@ in Capital Sentencing, 80 Indiana Law Journal 56 (2005) (Invited Comments/Essay for Symposium on AToward a Model Death-Penalty Code: The Massachusetts Governor=s Council Report,@ Indiana University School of Law) The Capital Jury and Empathy: The Problem of Worthy and Unworthy Victims, 88 Cornell Law Review 343 (2003) (Invited Paper for Symposium on AVictims and the Death Penalty@) Fallen Superheroes and Constitutional Mirages: The Tale of Brady v. Maryland, 33 McGeorge L.Rev.643 (2002) (Invited Essay/Lecture for McGeorge Law School Distinguished Lecture Series) Burden of Proof, Encyclopedia of Crime and Justice, 2001 (with Barbara Underwood) The Limits of Privacy, 570 Annals of the American Academy of Political and Social Science 202 (2000) (book review of Amitai Etzioni=s The Limits of Privacy) Mean Justice, 1999 Trial 95 (Sept.issue) (book review of Edward Humes= Mean Justice) An Ode to Probable Cause, 72 St. John=s Law Review 1133 (1998) (Invited Paper for Symposium on AThe Thirtieth Anniversary of Terry v. Ohio@). The Jury and Absolution: The Intersection of Trial Strategy, Remorse and the Death Penalty, 83 Cornell Law Review 1557 (1998) (Invited Paper for Symposium on AHow the Death Penalty Works: Empirical Studies of the Modern Capital Sentencing System@). The Jury as Critic: An Empirical Look at How Capital Juries Perceive Expert Testimony, 83 Virginia Law Review 1109 (1997). The Education of A Law Professor, 1996 Virginia Lawyer 24 (April issue) Everyman=s Fourth Amendment: Privacy or Mutual Trust Between Government and Citizen?, 94 Columbia Law Review 1751 (1994). The Lockett Paradox: Reconciling Guided Discretion and Unguided Mitigation in Capital Sentencing, 38 U.C.L.A..Law Review 1147 (1991). Is Abandoning State Action Asking Too Much of the Constitution?, 17 Hastings Constitutional Law Quarterly 139 (1990) (Invited Paper for Symposium on the California Constitution). The Virtues of a Procedural View of Innocence - A Response to Professor Schwartz, 41 Hastings Law Journal 161 (1989). The Reasonable Doubt Rule and the Meaning of Innocence, 40 Hastings L.J. 457 (1989). A Return to Fourth Amendment Basics: Undoing the Mischief of Camara and Terry, 72 Minnesota Law Review 383 (1988). Page Four The Felony-Murder Rule: A Doctrine at Constitutional Crossroads, 70 Cornell Law Review SCOTT E. SUNDBY 446 (1985) (with Roth). RESEARCH PROJECTS FUNDED BY GRANTS: Co-Investigator, National Science Foundation Capital Jury Research Projects II & III, 2002-present (Supervising the interviewing of capital jurors) Co-Principal Investigator, National Science Foundation Study: Judging Capital Murder Cases, 1997- 2002 (Interviewing of judges who have conducted capital trials to develop an empirical understanding of different statutory frameworks) Director, California Segment of National Science Foundation Capital Jury Research Project I, 1991-93 (Supervised the interviewing of over 150 jurors who served on juries where the death penalty was sought) SELECTED LECTURES, PRESENTATIONS AND WORKSHOPS 2007-10: [Full list of presentations available upon request] Vanderbilt University, Criminal Justice Scholarship Roundtable, December 2010 University of Louisville, Symposium on the Roberts Court, December 2010, “Justice Scalia: Hopeless Constitutional Romantic?” Federal Death Penalty Strategy Session, Austin, TX, November 2010, “Protecting Your Mitigation Evidence in the Jury Room” Los Angeles Public Defenders, Los Angeles, CA, October 2010, “The Messenger Matters: Communicating the Case for Life to the Jury” Virginia Trial Lawyers Association, Norfolk, VA, September 2010, “Thinking Like a Juror: What Empirical Research Tells Us” Southeastern Association of Law Schools (SEALS), West Palm Beach, FL, August 2010, “Is the Exclusionary Rule Broken? Should It be Fixed?” National Judicial College, Reno, NV, July 2010, “Death Penalty Jurisprudence” Webcast (sponsored by National Judicial College), June 2010, “The Supreme Court and the Death Penalty” Florida Advanced Judicial Studies, Sanibel, FL, June 2010, “Constitutional Limits on the Death Penalty” Texas Tech School of Law, Lubbock, TX, April 2009, “The Majestic Conception of the Exclusionary Rule” (Symposium on the Fourth Amendment) California Attorneys for Criminal Justice, Capital Case Defense Seminar, Monterey, CA, February 2010, “War and Peace in the Jury Room: How Capital Juries Reach Unanimity” National Judicial College, Fort Myers, FL, October 2009, “The Supreme Court and the Death Penalty” Supreme Court Preview, October 2009, “Life Without Parole for Juveniles: Line Drawing and the Eighth Amendment” State of Washington Capital Defenders, Seattle, WA, October 2009, “Making the Case for Life” Page Five William & Mary School of Law, Williamsburg, VA, September 2009, “Reconciling Discretion and the Death Penalty” SCOTT E. SUNDBY Virginia Judicial Education, Florida Virginia Beach, VA,September 2009, “The Supreme Court and the Death Penalty” Southeastern Association of Law Schools (SEALS), West Palm Beach, FL, June 2009, “Juries and Discretion in the Criminal Justice System” Georgia Capital Defenders, Atlanta, GA, June 2009, “Thinking About Holdouts” Florida Advanced Judicial Studies, Sanibel, FL, June 2009, “Constitutional Limits on the Death Penalty” Washington & Lee School of Law, March 2009, General Lecture, “Moral Wobble and the Death Penalty” Keynote, Florida Association of Criminal Defense Lawyers, “Death is Different Conference,” Orlando, FL, March 2009, “Understanding Jurors
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