Publications

• Academic Journals

  • Washington State’s Legal Technician Limited License Practice Rule: A National First in Access to Justice, 82 MISS. L.J. Supra __ (forthcoming 2013)
  • Crawford and Beyond: How Far Have We Traveled from Roberts after All?, 20 J.L. & POL’Y 517 (2012)
  • Imagining the Open Road, 1 FLA. L. REV. FORUM 1 (2012)
  • Race and Ambivalent Criminal Procedure Remedies, 47 GONZAGA L. REV. 341 (2012)
  • Racial Profiling and a Punitive Exclusionary Rule, 20 TEMP. POL. & CIV. RTS. L. REV. 29 (2010)
  • The Exclusionary Rule as Punishment, 36 RUTGERS L. REC. 38 (2009)
  • A Relational Sixth Amendment during Interrogation, 99 J. CRIM. L. & CRIMINOLOGY 381 (2009)
  • Confidentiality & Candor under the 2006 Washington Rules of Professional Conduct, 43 GONZAGA L. REV. 327 (2008)
  • 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)
  • 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 N.Y. Criminal Procedure Law: The Sexual Assault Reform Act of 1999 Challenges Molineux and Due Process, 27 FORDHAM URB. L.J. 435 (1999)

• Professional Journals

  • Who Bears the Burden of Proof When a Defendant Charged with Conspiracy Produces Evidence That He or She Withdrew Outside the Statute of Limitations?, 40 ABA SUP. CT. PREVIEW 90 (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)
  • When Are Defendants Exempt from a Minimum Consecutive Sentence under 18 U.S.C. § 924(c)?, 38 ABA SUP. CT. PREVIEW 24 (2010) (cross-posted on SCOTUSblog)
  • How the Court Retooled Miranda, NAT’L L.J. (July 14th, 2010)
  • May the State Require the Defense to Produce a Prosecution Witness for Cross-Examination?, 37 ABA SUP. CT. PREVIEW 165 (2010)
  • Do Prisoners Have a Constitutional Right to the State’s Biological Evidence?, 36 ABA SUP. CT. PREVIEW 302 (2009)
  • Review of the U.S. Supreme Court’s 2007 Criminal Term, NAT’L L.J. (Aug. 2008)
  • Review of the U.S. Supreme Court’s 2006 Criminal Term, NAT’L L.J. (Aug. 2007)
  • Review of the U.S. Supreme Court’s 2005 Criminal Term, NAT’L L.J. (Aug. 2006)
  • Thorton Recasts Vehicle Searches under Belton, N.Y. L.J. (Aug. 5th, 2004)
  • Renewed Questions about Pretext Stops and Racial Profiling, N.Y. L.J. (Sept. 15th, 2003)
  • Using Medical Hearsay Evidence to Prosecute Child Abuse, N.Y. L.J. (March 26th, 2003)
  • Grounds May Exist to Challenge Orders Suspending Speedy Trials in Aftermath of September Attack, 74 N.Y. ST. B.J. 34 (2002) (co-author with Hon. Paul G. Feinman)
  • Pretext Stops and Racial Targeting Claims after People v. Robinson, N.Y. 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. 16th, 2002)
  • Reviewing Issues of Domestic Violence Victims’ Privilege, N.Y. L.J. (May 20th, 2002)
  • Juror Investigations by the Prosecution in New York, N.Y. L.J. (Dec. 14th, 2000)
  • “Buy and Bust” Rulings Threaten Judicial Independence, N.Y. L.J. (June 12th, 2000)
  • Supreme Court Raises Strategic Issues for Defense, N.Y. L.J. (March 30th, 2000)
  • Defendants in Possession Cases Face a Standing Dilemma, N.Y. L.J. (June 30th, 1999)
  • High Court Improves Standing of Social Guests, N.Y. L.J. (Jan. 12th, 1999)

• Online Writings

  • LEGAL ETHICS FORUM, contributor: August 2012-present.
  • 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)
  • Briscoe v. Virginia: A Post-Decision Interview, ABA Sup. Ct. Preview Online (Feb. 2010)
  • Commentary, Davis v. Washington-Hammon v. Indiana, SCOTUSblog (June 19th, 2006)
  • PRAWFSBLAWG, guest contributor: Aug.-Sept. 2005; Jan., June & Oct. 2006; June 2007; Aug. 2008; March 2009; June 2010; and April 2012
  • CRIMPROF BLOG, contributing editor: 2008 to 2009

• Works In Progress

  • Kick-Ass Lawyering
  • LEARNING PROFESSIONAL RESPONSIBILITY: FROM THE CLASSROOM TO THE PRACTICE OF LAW (co-author with Leah Christensen—under contract with West Publishing)

Presentations

• Academic Presentations

  • University of Mississippi School of Law
    Oxford, MS, Feb. 2013
    Mississippi Law Journal Poverty & Access to Justice Symposium
    Presenting paper, “Washington State’s Legal Technician Limited License Rule: A National First in Access to Justice.”
  • Gonzaga Law School Federalist Society
    Spokane, WA, Nov. 2012
    Discussant for presentation by Professor Rick Duncan on constitutional originalism versus living constitutionalism.
  • SALT Teaching Conference
    Baltimore, MD, Oct. 2012
    Race & The Criminal Justice System: Harmonizing Clinical & Doctrinal Teaching to Advance Social Justice
    Panelist and presenter.
  • Gonzaga Law School
    Spokane, WA, Feb. 2012
    How Far Did Crawford Take Us from Roberts After All?
    Presented to faculty, students, and the federal Bar.
  • Brooklyn Law School
    Brooklyn, NY, Nov. 2011
    Crawford & Beyond III
    Panelist at symposium, co-sponsored by the Journal of Law & Policy, exploring perspectives on Confrontation Clause jurisprudence.
  • Gonzaga Law School Federalist Society
    Spokane, WA, Nov. 2011
    Discussant for presentation by Professor John Radsan, “The Irrelevance of Al Qaeda as a Legal Category.”
  • Gonzaga Law School
    Spokane, WA, Sept. 2011
    Race & Criminal Justice in the West
    Panel member, “Law Enforcement: From Police to Prosecutors,” and presented working paper, Racial Bias and Criminal Justice Remedies: Investigation, Jury Selection, Trial, and Sentence.
  • Gonzaga Law School Federalist Society
    Spokane, WA, Sept. 2011
    Discussant for presentation by Dr. Roger Pilon from the Cato Institute, “The Tea Party and the Constitution: The Roots of Deficits and the Debt Crisis.”
  • Gonzaga Law School Federalist Society
    Spokane, WA, April. 2011
    Libertarianism: Is It Right for America?
    Moderated panel that included Manny Klausner, Esq.
  • Gonzaga Law School Federalist Society
    Spokane, WA, March 2011
    Guns Rights & the Second Amendment
    Moderated panel that included Illya Shapiro from the Cato Institute.
  • Gonzaga International Law Journal
    Spokane, WA, March 2011
    International Environmental Law in a Changing World
    Presented on ethics in environmental law, and participated in panel discussion.
  • Gonzaga Law School
    Spokane, WA, Jan. 2011
    Faculty Presentation
    Presented work-in-progress, Kick-Ass Lawyering
  • Texas Wesleyan Law School
    Fort Worth, TX, Sept. 2010
    Presented paper, Kickin’ Ass & Takin’ Names: Zealous Advocacy and the Virtuous Lawyer.
  • Junior CrimProf Conference
    Chicago, IL, July 2010
    Discussant for paper presented by John Bronsteen, Christopher Buccafusco & Jonathan Masur, Retribution and the Experience of Punishment, 98 CA. L. REV. 1463 (2010).
  • ACLU-WA
    Seattle, WA, July 2010
    Co-presented to ACLU-WA Board of Directors and Executive Staff on “Civil Liberties and the Right to Bear Arms.”
  • Law & Society Conference
    Chicago, IL, May 2010
    Chaired panel, “Race and the Criminal Law,” and presented paper, Racial Profiling and a Punitive Exclusionary Rule.
  • Gonzaga Journal of International Law
    Spokane, WA, March 2010
    The War on Terror: From Guantanamo Bay to the Shores of Australia
    Presented topic, Teaching Virtuous Lawyering in a Post-9/11 World, and participated on panel.
  • Gonzaga Law School
    Spokane, WA, March 2010
    Faculty Roundtable
    Presented paper, Zealous Advocacy and Virtuous Lawyering.
  • Gonzaga Law School
    Spokane, WA, Feb. 2010
    Atticus Finch & Legal Ethics
    Panelist exploring lessons from Atticus Finch’s character in To Kill a Mockingbird, as part of the Spokane Public Library’s “Big Read” program.
  • Gonzaga Law School Federalist Society
    Spokane, WA, Feb. 2010
    Discussant for presentation by Professor John Rasdan, “Obama’s Repackaging of Cheney’s National Security Policies.”
  • Gonzaga Law School
    Spokane, WA, Oct. 2009
    Referendum 71—Approve or Reject?
    Debated another faculty member on the policy and constitutional implications of Washington State’s Referendum 71, addressing Washington State’s same-sex domestic partnership law.
  • ACLU-WA
    Seattle, WA, July 2009
    Civil Liberties and the Supreme Court’s 2008 Term
    Presented to the ACLU-WA Board of Directors and executive staff.
  • ACLU-WA
    Seattle, WA, June 2009
    Executive Detention Law & Policy from President Bush to President Obama
    Co-presented to the ACLU-WA Board of Directors and executive staff.
  • Gonzaga University Constitution Day
    Spokane, WA, Oct. 2008
    Voting Rights in the 21st Century
    Presented overview of voting rights in the United States, from the Founding to the 2006 extension of the Voting Rights Act.
  • Junior CrimProf Conference
    Washington, D.C., Aug. 2008
    Discussant for paper presented by Sonja Starr, Sentence Reduction as a Remedy for Prosecutorial Misconduct, 97 GEO. L.J. 1509 (2009).
  • Law & Society Conference
    Montreal, Canada, June 2008
    Presented paper, Can’t Let Go: Obsession and the Criminal Law, on panel dedicated to criminal law and emotions.
  • Gonzaga William O. Douglas Society
    Spokane WA, April 2008
    Faculty Debate: Student Free Speech
    Moderated debate between faculty members on student free speech jurisprudence.
  • Gonzaga Journal of International Law
    Spokane, WA, Feb. 2008
    International Trade: Law or Politics?
    Panelist for presentation on “The World Trade Organization and the U.S.”
  • Gonzaga William O. Douglas Society
    Spokane, WA, April 2007
    Faculty Debate: COPA and ACLU v. Gonzales
    Debated faculty member on the constitutionality of the Child Online Protection Act and the U.S. District Court’s decision in ACLU v. Gonzales (E.D. Pa. 2007).
  • Gonzaga Multicultural Law Caucus
    Spokane, WA, Oct. 2006
    Perceptions of Islam in Our Community
  • N.Y.U. Journal of Law & Liberty
    New York, N.Y. Feb. 2006
    Online Symposium: Anticipatory Search Warrants
    Online panel exploring anticipatory search warrants under the Fourth Amendment, focusing on United States v. Grubbs, 126 S. Ct. 1494 (2006).
  • Gonzaga Multicultural Law Caucus
    Spokane, WA, Feb. 2006
    “Crash,” the Movie: An Ethics Discussion
  • New York State Judicial Institute
    White Plains, N.Y., May 2005
    Partners in Justice: A Colloquium on Developing Collaborations among Courts, Law School Clinical Programs, and the Practicing Bar
    Submitted paper and participated in working groups seeking to generate ideas for improving the quality of legal representation. Paper addressed the “holistic advocacy” model of lawyering.
  • Brooklyn Law School
    Brooklyn, N.Y., Feb. 2005
    Crawford & Beyond: exploring the Future of Confrontation in Light of Its Past
    Symposium exploring the U.S. Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004). Participated on panel addressing the meaning of “testimonial” statements.
  • New York City Bar Association
    New York, N.Y., Sept. 2004
    Crawford v. Washington and Its Effect
    Symposium addressing Crawford v. Washington, 541 U.S. 36 (2004), and its impact on criminal practice. Presented paper outlining important recent decisions analyzing and applying Crawford, focusing on the continued viability of the excited utterance exception following Crawford.
  • New York State Judicial Institute
    White Plains, N.Y., April 2004
    Annual New York City Criminal Court Judge’s Seminar
    Panel member at judicial seminar examining issues in domestic violence prosecutions, including the impact of Crawford v. Washington, 541 U.S. 36 (2004), on “evidence-based” prosecutions.

• CLE & Professional Presentations

  • WSBA Ethical Dilemmas Seminar, Spokane, WA, Nov. 2012, Ethics Panel Participant
  • Washington Defender Association, Spokane, WA, Nov. 2012, Lecture on current issues concerning effective assistance of counsel
  • 5th Annual Intellectual Property Institute, Spokane, WA, Oct. 2012, Lecture on ethics issues in intellectual property practice
  • WA State Office of Public Defense, Yakima, WA, Aug. 2012, Panel participant addressing newly-adopted indigent defense standards
  • WSBA Ethical Dilemmas Seminar, Spokane, WA, Nov. 2011, Ethics Panel Participant
  • Gonzaga Law School, Spokane, WA, Oct. 2011, Moderated panel of prosecutors and defense lawyers who spoke with students on careers in criminal law.
  • 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 of Criminal Defense
    Panel chair and participant, appearing with Tom Hillier, Esq., Federal Defender for the Western District of Washington, Annette Hayes, Esq., First Assistant U.S. Attorney for the Western District of Washington, and Carl Oreskovich, Esq.
  • WSBA Moderate Means Program, Seattle, WA, Oct. 2010, Online Ethics Video
  • Tri-Cities Legal Aid CLE, Tri-Cities, WA, Oct. 2010, Preview of U.S. Supreme Court’s 2010 Term
  • Gonzaga Law School, Spokane, WA, July 2010, Ethics and 1st Amendment seminar
  • Federal Defender of Eastern Washington, Spokane, WA, June 2010, Confidentiality, Candor & Zeal in the Eastern District
  • Seattle Public Defender Office, Seattle, WA, March 2010, Confidentiality, Candor & Zeal under the Washington RPC
  • WA State Association for Justice, Spokane, WA, Dec. 2009, The Scent of Ethics: A Potpourri—New Rules and More
  • Spokane City Prosecutor’s Office, Spokane, WA, April 2009, The Brady Rule as an Intersection of Constitutional Law, Ethics, and Strategy
  • Idaho Assoc. of Criminal Defense Lawyers, Sun Valley, ID, March 2009, Ethics seminar at annual retreat
  • Gonzaga Law School, Spokane, WA, Jan. 2009, Mission Possible CLE
  • WA State Criminal Defense Lawyers Assoc., Winthrop, WA, April 2008, Ethics seminar at annual retreat
  • Gonzaga Law School, Spokane, WA, Jan. 2008, Thomas More Society CLE seminar
  • Idaho Assoc. of Criminal Defense Lawyers, Coeur d’Alene, ID Sept. 2007, Mental Heath and Criminal Defense Ethics
  • Gonzaga Law School, Spokane, WA, Aug. 2007, Reunion ethics seminar
  • WA State Office of Public Defense, Spokane, WA, July 2007, The 2006 Washington RPC and Criminal Practice
  • WA State Office of Public Defense, Vancouver, WA, June 2007, The 2006 Washington RPC and Criminal Practice
  • ACLU-WA, Spokane, WA, Dec. 2006, Police Accountability Seminar
  • WA State Trial Lawyer’s Assoc., Spokane, WA, Dec. 2006, Confidentiality & Candor under the New Washington RPC
  • WA State Office of Public Defense, Ocean Shores, WA, Nov. 2006, The 2006 Washington RPC and Criminal Practice
  • WA State Office of Public Defense, Wenatchee, WA, Nov. 2006, The 2006 Washington RPC and Criminal Practice
  • Gonzaga Law School, Spokane, WA, Aug. 2006, Taking Law Seriously
  • Gonzaga Phi Delta Phi, Spokane, WA, March 2006, Legal Ethics in the 21st Century

• Misc. CLE Presentations – New York

  • Presentation on New York grand jury practice (March 2005).
  • Presentation on recent Fourth Amendment developments (Feb. 2004).
  • Presentation on speedy-trial issues following the 9/11 attack, co-taught with Hon. Paul G. Feinman, Acting Justice of the New York State Supreme Court (June 2002).

• Media Appearances

  • Joe O’Sullivan, Homeland Droneland, THE INLANDER 07/03/2012
  • Robert Barnes, As Stevens Retires from Court, One Final Duel with Scalia, WASHINGTON POST 07/26/10
  • Marcia Coyle, Justices to Review Speedy Trial Quagmire, NAT’L L.J. 01/12/09
  • KPBX (NPR-Spokane) All Things Considered (2009) (segment on police surveillance)
  • Editorial, Our View: Remove the Limits, SPOKESMAN REVIEW 08/29/07
  • Corey Stephensen, It’s the First Monday in October, and They’re Baaack …, MINN. LAWYER 10/02/2006
  • Corey Stephenson, U.S. Supreme Court Begins Its New Term, ST. LOUIS DAILY REC. AND ST. CHARLES CO. BUS. REC. 10/01/06
  • Reni Gertner, Court Rules on Admissibility of 911 Calls, Statements to Police, ST. LOUIS DAILY REC. AND ST. CHARLES CO. BUS. REC. 07/06/06
  • Dan Mitchell, What’s Online: Doing Executive Time, N.Y. TIMES 9/24/05

Activities & Memberships

• Appointments & Activities

  • WA State Office of Public Defense: RFP Evaluator/em> 2012
  • WSBA Council on Public Defense: Vice Chair & Council Member 2010 to present
  • ACLU-WA: Board of Directors Member, Board Secretary & Legal Committee Member 2007 to present
  • N.Y.C. Bar Association: Legal Committee Member 2012 to present
  • WA State Criminal Justice Summit: Participant 2009 to 2010
  • Spokane County Bar Association: Judicial Evaluation Panelist 2007 to 2011

• Bar Admission & Memberships

  • U.S. Court of Appeals for the Armed Forces (2012)
  • U.S. Court of Appeals for the Ninth Circuit (2007)
  • New York State (1995)
  • Association of American Law Schools
  • American Bar Association
  • New York City Bar Association