Brooks R. Holland

Brooks R. Holland Assistant Professor of Law bholland@lawschool.gonzaga.edu (509) 313-6120 B.A., Political Science, San Francisco State University, cum laude, 1991 J.D., Boston University School of Law, magna cum laude, 1994

Biographical Information

After graduating law school in 1994, Professor Holland headed to New York City to become a public defender with the Legal Aid Society's Criminal Defense Division in Bronx County.

Prof. Holland joined New York County Defender Services in Manhattan in 1998, where he continued practicing as a public defender and trying criminal cases. In 2003, he became Attorney in Charge of Legal Development, where in addition to his trial practice he advised office attorneys on developments in criminal law, criminal procedure and evidence, published an office law bulletin, and conducted CLE lectures.

In August 2005, Prof. Holland started at Gonzaga University School of Law. He is an Assistant Professor of Law. Prof. Holland continues to practice criminal law, handling criminal appeals before the Ninth Circuit U.S. Court of Appeals.

Prof. Holland sits on the Board of Directors of the ACLU of Washington State.

Teaching Areas

• Criminal Law
• Criminal Procedure
• Advanced Criminal Procedure
• Constitutional Law I
• Professional Responsibility

Publications

Articles

• Crawford and Beyond: How Far Have We Traveled from Roberts after All?, __ J.L. & POL'Y __ (forthcoming 2012)
• Imagining the Open Road: A Response to Nancy Leong, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream,__ FLA. L. REV. FORUM __ (forthcoming 2012)
• Race and Ambivalent Criminal Procedure Remedies, 47 GONZAGA L. REV.__ (forthcoming 2012)
• Does the Fourth Amendment Permit a Jail to Strip Search All Inmates, Including Inmates Arrested for Minor Offenses?, 39 ABA SUP. CT. PREVIEW 19 (2011) (co-author with Michelle Trombley, Esq.)
• The Armed Career Criminal Act & Revised State Drug Sentencing: It Depends on What "Is" Means, 38 ABA SUP. CT. PREVIEW 288 (2011)
• Does the Federal Witness-Protection Murder Statute Require Proof That the Victim Would Have Communicated with a Federal Officer or Judge?, 38 ABA SUP. CT. PREVIEW 261 (2011) (cross=posted on SCOTUSblog)
• Does the Speedy Trial Act Exclude from Its Trial Deadline the Time During Which a District Court Resolves Any Pretrial Motions, Even When the Motions Do not Delay Trial?, 38 ABA SUP. CT. PREVIEW 220 (2010) (cross-posted on SCOTUSblog)
• Racial Profiling and Punitive Exclusionary Rule, 20 TEMP.POL. & CIV. RTS. L. REV. 29 (2010)
• When Are Defendants Exempt from a Minimum Consecutive Firearm Sentence under 18 U.S.C 924(c), 38 ABA SUP. CT. PREVIEW 24 (2010) (cross-posted on SCOTUSBLOG ON 10/1/2010)
• Opinion Analysis in Abbott v. United States: The Supreme Court Narrows an exception to Mandatory Firearm Sentences, SCOUTUSBLOG (11/17/2010)
• How the Court Retooled Miranda, National Law Journal (July 14, 2010)
• May the State Require the Defense to Produce a Prosecution Witness for Cross-Examination?, 37 ABA SUP. CT. PREVIEW 165 (2010)
• The Exclusionary Rule as Punishment, 36 RUTGERS L. REC. 38 (2009)
• Do Prisoners Have a Constitutional Right to the State's Biological Evidence?, 36 ABA SUP.CT. PREVIEW 302 (2009)
• A Relational Sixth Amendment During Interrogation, Journal of Criminal Law & Criminology at Northwestern University School of Law (2009)
• The U.S. Supreme Court's 2007-08 Criminal Cases, NAT'L L.J. (Aug. 6, 2008)
• Confidentiality, Candor; Zeal Under the 2006 Washington Rules of Professional Conduct, Volume 43, Gonzaga Law Review (2008)
• Review of the 2006-2007 U.S. Supreme Court Criminal Cases, August 1, 2007 edition of The National Law Journal
• The Road & Round Edmond: Steering through Primary Purposes and Crime Control Agendas, 111 Penn St. L. Rev. 293 (2006)
• Holistic Advocacy: An Important but Limited Institutional Role, 30 N.Y.U. Rev. L. Soc. Change 637 (2006)
• Review of the 2005-06 U.S. Supreme Court Criminal Cases: Important Refinements, Nat. L.J., (Aug. 2, 2006)
• Testimonial Statements under Crawford: What Makes Testimony Testimonial?, 71 Brook. L. Rev. 281 (2005)
• Using Excited Utterances to Prosecute Domestic Violence in New York: The Door Opens Wide, or Just a Crack?, 8 Cardozo Women's L.J. 171 (2002)
• Safeguarding Equal Protection Rights: The Search for an Exclusionary Rule under the Equal Protection Clause, 37 Am. Crim. L. Rev. 1107 (2000)
• Section 60.41 of the New York Criminal Procedure Law: The Sexual Assault Reform Act of 1999 Challenges Molineux and Due Process, 27 Fordham Urb. L.J. 435, 1999
• Thornton Recasts Vehicle Searches under Belton, N.Y. L.J., Aug. 5, 2004
• Renewed Questions about Pretext Stops and Racial Targeting, N.Y. L.J., Sept. 15, 2003
• Using Medical Hearsay Evidence to Prosecute Family Child Abuse, N.Y. L.J., Mar. 26, 2003
• Grounds May Exist to Challenge Orders Suspending Speedy Trials in Aftermath of September Attack, co-author with Hon. Paul G. Feinman, 74 N.Y. St. B.J. 34 (2002)
• Pretext Stops and Racial Targeting Claims after People v. Robinson, N.Y. State Def. Assoc., Def. Practice Rept., at 11, Sept.-Oct. 2002
• Has the High Court Bought Repeat Felons a Ticket to Apprendi-Land? N.Y. L.J., Sept. 16, 2002
• Reviewing Issues of Domestic Violence Victims & Privilege, N.Y. L.J., May 20, 2002
• Juror Investigations by the Prosecution in New York, N.Y. L.J., Dec. 14, 2000
• "Buy and Bust" Rulings Threaten Judicial Independence, N.Y. L.J., June 12, 2000
• Supreme Court Raises Strategic Issues for Defense, N.Y. L.J., March 30, 2000
• Defendants in Possession Cases Face a Dilemma in Pleading Standing, N.Y. L.J., June 30, 1999
• High Court Improves Standing of Social Guests to Challenge Searches, N.Y. L.J., Jan. 12, 1999

Presentations

• Panelist at symposium, co-sponsored by the Journal of Law & Policy, exploring perspectives on confrontation clause jurisprudence, Crawford & Beyond III, Brooklyn Law School, Brooklyn, N.Y. (Nov. 2011)
• Discussant for presentation by Professor John Radsan, "The Irrelevance of Al Qaeda as a Legal Category," Gonzaga Federalist Society, Spokane, WA. (Nov. 2011)
• Panel Member, "Law Enforcement: From Police to Prosecutors," and presented working paper, Racial Bias and Criminal Justice Remedies: Investigation, Jury Selection, Trial, and Sentence, Race & Criminal Justice in the West, Gonzaga Law School, Spokane, WA. (Sept. 2011)
• Moderated panel that included Manny Klausner, Esq., Libertarianism: Is It Right for America?, Gonzaga Federalist Society, Spokane, WA. (April 2011)
• Moderated panel that included Illya Shapiro from the Cato Institute, Guns Rights and the Second Amendment, Gonzaga Federalist Society, Spokane, WA. (March 2011)
• Presented on Ethics in Environmental Law, and participated in panel discussion, International Environmental Law in a Changing World, Gonzaga International Law Journal, Spokane, WA. (March 2011)
• Presented Kick-Ass Lawyering to the Gonzaga Law School Faculty (Jan. 2011)
• Presented paper to the Law School faculty, Kickin' Ass & Takin' Names: Zealous Advocacy and the Virtuous Lawyer, Faculty Exchange Program, Texas Wesleyan Law School, Fort Worth, Tex. (Sept. 2010)
• Commented on paper presented by John Bronsteen, Christopher Buccafusco, and Jonathan Masur, Retribution and the Experience of Punishment, 98 Cal. L. Rev. 1463 (2010), Discussant, Junior CrimProf Conference, Chicago, Ill. (July 2010)
• Civil Liberties & the Right to Bear Arms, ACLU-WA, Seattle, Wash. (July 2010)
• Chaired panel and presented paper, Racial Profiling and a Punitive Exclusionary Rule, Law & Society Conference, Chicago, Ill. (May 2010)
• Panelist for The War on Terror: From Guantanamo Bay to the Shores of Australia Panelist and presented paper, Teaching Virtuous Lawyering in a Post-9/11 World, Gonzaga Journal of International Law, Spokane, Wash. (March 2010)
• Faculty Roundtable presented work-in-progress, Zealous Advocacy & Virtuous Lawyering, Gonzaga Law School, Spokane, Wash. (March 2010) 
• Commented on presentation by Professor John Rasdan, Obama’s Repackaging of Cheney’s National Security Policies, Gonzaga Federalist Society, Spokane, Wash. (Feb. 2010)
• Referendum 71—Approve or Reject?
  Debated another faculty member on the policy and constitutional implications of Washington State’s Referendum 71, which asked voters to approve or reject the Washington Legislature’s enactment of a comprehensive domestic partnership law, Gonzaga Law School, Spokane, Wash. (Oct. 2009)
• Presented analysis of the U.S. Supreme Court’s civil liberty decisions to the ACLU Board of Directors and Executive Staff, Civil Liberties & the U.S.Supreme Court's 2008-09 Term, ACLU-WA, Seattle, Wash. (July 2009)
  
• Co-presented to ACLU Board of Directors and executive staff with Randy Gainer, Partner at Davis, Wright, Tremaine in Seattle, WA, Executive Detention: Law & Policy from President Bush to President Obama, ACLU-WA, Seattle, Wash. (June 2009)
• Interviewed by KPBX radio on police surveillance programs for a piece broadcast during National Public Radio's All Things Considered program, June 30, 2009
• Presented to the ACLU-WA Board of Directors and executive staff on Civil Liberties in the Supreme Court During the 2008 Term, July 11, 2009
• Presented to the ACLU-WA Board of Directors and executive staff on Executive Detention: Law & Policy from Presidents Bush to Obama, June 12, 2009
• Presented ethics lecture on the Brady Rule as the Intersection of Ethics, Constitutional Law and Strategic Advocacy, Spokane City Prosecutor's Office, April 16, 2009
• Lecture on Ethics at the Idaho Association of Criminal Defense Lawyer's annual CLE seminar, Sun Valley, Idaho, March 6, 2009
• Permanent Contributing Editor for CrimProf Blog, a dedicated criminal law Web site that is part of the Law Professor Blogs Network
• Ethical Considerations Surrounding Prosecution Plea Offers, presented with Elizabeth Cullen, Washington Defender Association, April 2008

CLE Presentations

• WSBA ETHICAL DILEMMAS SEMINAR, Spokane, WA. (Nov. 2011)
  Ethics Panel Participant
• SEATTLE PUBLIC DEFENDER OFFICE, Seattle, WA. (Aug. 2011)
  The Ethics of Padilla v. Kentucky & Adverse Consequences to Criminal Conviction
• WSBA LAW OF LAWYERING SEMINAR Seattle, WA. (Nov. 2010)
  Ethics in Criminal Defense
• WSBA MODERATE MEANS PROGRAM Seattle, WA. (Oct. 2010)
  Online Ethics CLE Video
• TRI-CITIES CLE Tri-Cities, WA (Oct. 2010)
  Previewed 2010-2011 U.S. Supreme Court Team
• GONZAGA LAW SCHOOL Spokane, WA. (July 2010)
  1st Amendment CLE
• FEDERAL DEFENDER OF EASTERN WASHINGTON Spokane, Wash. (June 2010)
  Confidentiality, Candor & Zeal in the Eastern District of Washington
  Ethics CLE to federal defenders 
• SEATTLE PUBLIC DEFENDER OFFICE, Seattle, Wash. (March 2010)
  Confidentiality, Candor & Zeal under the Washington RPC
  Ethics CLE for Seattle public defenders and assigned counsel
• GONZAGA LAW SCHOOL, Spokane, Wash. (Feb. 2010)
  Atticus Finch & Ethics
  Panelist exploring ethical lessons from Atticus Finch’s character in To Kill a Mockingbird, as part of the Spokane Public Library’s “Big Read” program
• WASHINGTON STATE ASSOC. FOR JUSTICE, Spokane, Wash. (Dec. 2009)
  The Scent of Ethics: A Potpourri—New Rules and More
  Presented on ethical considerations in the attorney-client relationship, focusing on confidentiality, client autonomy, and fee arrangements

Memberships

• WASBA Council on Public Defense; subcommittee on the Uniform Collateral Consequences Act
• Chair, ACLU-WA committee on the right to bear arms
• WSBA Council on Public Defense Council Member (2010)
• WA State Criminal Justice Summit Participating Member (2009)
• The Executive Committee for the Washington State Chapter of the ACLU
• Advisory Committee for the Integrity of Justice Project

Recent Federal Appellate Cases

• United States v. Denham, 2011 WL 3796892 (9th CIR. 2011)
• United States v. Valencia-Reuvelta, 2010 WL 2170991 (9th Cir. 2010)
• United States v. Garcia-Villalba, 585 F.3d 1223 (9th Cir. 2009)

Blog Writings

• Commentary, Florence v. Board of Chosen Freeholders, SCOTUSBLOG COMMUNITY (Oct. 11th, 2011)
• The Court Debates Intent Versus Reasonable Possibilities, SCOTUSBLOG (April 1st, 2011)
• The Speedy Trial Act, Motion Time, and "Un-Cert-Worthy Questions," SCOTUSBLOG (Feb 23rd, 2011)
• The Supreme Court Narrows an Exception to Mandatory Firearm Sentences, SCOTUSBLOG (Nov. 17th, 2010)
• PrawfsBlawg (June 2010)

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