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J E. R
JAMES E. ROBERTSON
Distinguished Faculty Scholar & Professor of Corrections
Department of Sociology & Corrections
Minnesota State University
113 Armstrong Hall
Mankato, MN 56001
E-Mail
Fax 507.389.5615
[email protected]
Telephone 507.389.5601
“BIO-SKETCH”
In some 125 articles, essays, case notes, and reviews (in each instance as the sole author),
Professor Robertson has delineated, critiqued, and championed the rights of prisoners.
In Theoretical Criminology, UC-Berkeley law professor Jonathan Simon described
Robertson (alongside noted prison scholar Craig Haney) as a “veteran observer of imprisonment”
(vol. 4: 285, 286 (2000)). Earlier, a staff writer for The Angolite, the nation's leading news magazine
published by inmates, identified Robertson as a “renowned penal expert” (St Louis U. Pub. L.
Rev., vol. 14: 1, 12 (1994)). And in 2013, U of Buffalo law professor Teresa Miller described him as
a “veteran corrections professional and university professor” (Akron Law Rev., vol. 46, 433, 443
(2013).
His articles on prisoners’ rights and related topics have appeared in the Journal of Criminal Law
& Criminology, Harvard Journal on Legislation, North Carolina Law Review, American Criminal Law
Review, and other journals. His article “’Separate But Equal’ in Prison: Johnson v. California and Common
Sense Racism” was given the prestigious “Foreword” designation in the annual Supreme Court issue of the
leading specialty journal in his field, Journal of Criminal Law & Criminology (vol. 96. 795-848 (2006).
Professor Robertson was the first faculty member of Minnesota State University to be
designated “Distinguished Faculty Scholar” in recognition for a body of scholarship. Earlier, in
2001, the College of Social and Behavioral Sciences of his university bestowed upon him the
inaugural Distinguished Professor designation.
Professor Robertson is editor-in-chief of the Criminal Law Bulletin, a scholarly journal of
six yearly issues that is published by Thomson Reuters; 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 Angeles Times Magazine, National Public Radio, Wall
Street Journal, 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. His
Oxford tutor was Roger Hood, past president of the British Society of Criminology. Robertson
also earned a master of arts degree in criminal justice from California State University,
Sacramento.
1
Annotated Curriculum Vitae
CURRENT EMPLOYMENT
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.”
 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.”

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.
HIGHER EDUCATION
 DIPLOMA IN LAW (equivalent of Master of Laws (LL.M.),
College), Oxford, England (1988).
OXFORD UNIVERSITY (Keble
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, Ph.D., D.C.L., now 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. Its
law program is ranked 2nd in the world by QS World University
Rankings.
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.
U.S. News has consistently ranked the law school among the top 20 of
some 200 accredited U.S. law schools Highly selective admissions (94th
percentile).
3

BACHELOR OF ARTS, Phi Beta Kappa, magna cum laude (top 1%),
UNIVERSITY OF WASHINGTON, Seattle, Washington (1972) .
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

Pittsburgh Post-Gazette, Mar. 15, 2012
Interviewed by reporter Matt Stroud about assaults by state
correctional officers on prisoners convicted of sex offenses.

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, 2013,”
Criminal Justice Review, vol. 39(2):233-246 (2014).
4
James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2012,”
Criminal Justice Review, vol. 38(2): 259 -273 (2013).
James E. Robertson, "The Prison Litigation Reform Act As Sex Legislation: (Imagining) a
Punk's Perspective of the Act, Federal Sentencing Reporter, vol. 24 (4):276-86 (2012)
(invited)
James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2011,”
Criminal Justice Review, vol. 37(2): 281-294 (2012).
James E. Robertson, “The ‘Turning-out’ of Boys in a Man’s Prison: Why and How to
Amendment the Prison Litigation Reform Act,” Indiana [University] Law Review,
vol. 44:819-851 (2012) (invited).
James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2010,”
Criminal Justice Review, vol. 36(2): 322-334 (2011)
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).
James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2008,”
Criminal Justice Review, vol. 34(2):307-320 (2009).
James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2007,”
Criminal Justice Review, vol. 33(2):266-28 (2008).
James E. Robertson, “Recent Legal Developments: Correctional Case Law, 2006,”
Criminal Justice Review, vol. 32(2):184-204 (2007).
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. 10:97125 (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).
5
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) (invited).
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) (invited).
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) (invited).
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. 81:434482 (2003) (lead article).
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, “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).
6
James E. Robertson, “A Holistic Understanding of the Cruel and Unusual
Punishment Clause,” Correctional Law Reporter, vol. 13: 35, 44-48
(October/November 2001) (invited)
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).
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).
7
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).
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 (198586).
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).
8
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).
SHORTER WORKS
James E. Robertson, “Are Prisoners’ Rights Gender Neutral or Gender Specific,” in Fred
Cohen (ed.), ”Litigating Correctional Reform: What Matters to Experts,” Criminal Law
Bulletin, vol. 50 (November/December 2014 (in press).
James E. Robertson, "Introduction: Symposium: Capital Sentencing in the 21st Century:
The Retreat From the Death Penalty," Criminal Law Bulletin, vol. 50:244 (2014).
James E. Robertson, Preface to Shahid M. Shahidullah, Comparative Criminal Justice
Systems, at ix (Jones & Bartlett Learning, 2012).
James E. Robertson, "In Memoriam: Michael A. Mello (1957-2008)," Criminal Law
Bulletin, vol. 45: 350 (May/June 2009).
James E. Robertson, “The Impact of the PLRA on ‘Over-Enforced’ Remedies,”
Correctional Law Reporter, vol. 13: 70-72 (2002) (invited).
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)
(invited).
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 & CASE NOTES (2,000-2,500 words apiece)
9
James E. Robertson, “More Bad Women Guarding Men: Sexual Victimization Reported by
Adult Correctional Authorities, 2009-11,” Correctional Law Reporter, vol. 26(4):
(December-January 2013-2014) (in press).
James E. Robertson, “Jailing Black Babies: The Controversy Over Prison Nurseries,”
Correctional Law Reporter, vol. 26(3): 45-47, 50 (October-November 2014)
James E. Robertson, “Hunger Strikes as Symbols of Power and Dual Loyalty in Prison
Health Care,” Correctional Law Reporter, vol. 26(2):29-30 (August-September 2014).
James E. Robertson, “The One Million: Reimaging the Jail as the Institution That Says
'Yes' to the Mentally Ill," Correctional Law Reporter, vol. 25(6):87-89 (April-May
2014).
James E. Robertson, ”The Ten Million: An Introduction to Obama-care and its Impact on
Incarcerated Populations,” Correctional Law Reporter, vol. 25(4) : 55, 55-66, 61, 63
(December 2013-January 2014).
James E. Robertson, ”Brown v. Plata Revisited: A Review of Jonathan Simon, The Return
of the Medical Model: Disease and the Meaning of Imprisonment from John
Howard to Brown v. Plata,” Correctional Law Reporter, vol. 25(3): 39-40, 47
(October-November 2013).
James E. Robertson, “The Mentally Ill Inmate and Sexual Victimization," Correctional Law
Reporter, vol. 25(2): 23, 29, 32 (August-September 2013).
James E. Robertson, “Sexual Harassment that the Eighth Amendment Tolerates,"
Correctional Law Reporter, vol. 25(1): 7-8, 13 (June-July 2013).
James E. Robertson, “Same-sex ‘Makin' Out’: Prison Visitation and Gender/Sexual
Orientation Discrimination,” Correctional Law Reporter, vol. 24(6):91-92, 97 (AprilMay 2013).
James E. Robertson, "The 'Bad Women' Guarding Male Inmates," Correctional Law
Reporter, vol. 24(5):75-76 (February 2013-March 2013).
James E. Robertson, "Transgendered Prisoners and the PREA Standards: What Will Be
the Legacy of Dee Farmer? Correctional Law Reporter, vol. 24(4):59-61(December
2012-January 2013).
James E. Robertson, "Exchanging Sex for Protection: Do the PREA Standards Legitimate
'Shielding' Arrangements Between Inmates?" Correctional Law Reporter, vol.
24(3):43-44 (October-November 2012).
James E. Robertson , "Let's Make a Deal: Would You Donate a Kidney for a Suspending
Not One, But Two, Consecutive Life Sentences," Correctional Law Reporter, vol.
24(2):23-24 (August-September 2012).
10
James E. Robertson, “Is There a War On Motherhood Within the CDC?”, Correctional Law
Reporter, vol. 24(1):7-8 (June-July 2012)
James E. Robertson, “Here Today and Gone Tomorrow: The Once Clearly Established
Law of Strip Searches,” Correctional Law Reporter, vol. 23(6):87-88 (April-May
2012).
James E. Robertson, “If they ask, should you tell?,” Correctional Law Reporter, vol.
23(5):71-72 (February-March 2012).
James E. Robertson, “’No Means No’: The Eleventh Circuit Rules that the Absence of
Physical Injury Bars Punitive Damage Awards. Al-Amin v. Smith, 637 F.3d 1192
(11th Cir. 2011),” Correctional Law Reporter, vol. 23(5):76-77 (February-March
2012)
James E. Robertson , “Briener v. Nevada Department of Corrections; ‘Womanhood’ is
Not a BFOQ,” Correctional Law Reporter, vol. 23(5):65, 74 (February-March 2012).
James E. Robertson, “Is the PREA Too Good To Be True?,” Correctional Law
Reporter, vol. 23(4):55, 59, 61 (December-January 2011-2012).
James E. Robertson, “Does Brown v. Plata Conclude What Rhodes v. Chapman
Commenced?,” Correctional Law Reporter, vol. 23(3):43-44 (OctoberNovember 2011).
James E. Robertson, “The Unseen Victims of the Prison Boom,” Correctional Law
Reporter, vol. 23(2):29-30 (August-September 2011).
James E. Robertson, “’Do the Clothes Make the Man? (Williams v. Ozmint, 726 F. Supp.
2d 589 (D.S.C. 2010),“ Correctional Law Reporter, vol. 23(1):1, 10-11, 15 (June-
July 2011).
James E. Robertson, “First Amendment Retaliation Claims: No longer ‘One of the Dirty
Secrets of Amercan Corrections’’“(Watkins v. Kasper, 560 F. Supp. 2d 691 (N.D.
Ind. 2008), rev’d, 599 F.3d 791 (7th Cir. 2010)), Correctional Law Reporter, vol.
23(1):5-6 (June-July 2011).
James E. Robertson, “’Frequent Fliers’ and Other Disruptive Mentally Disordered
Inmates “Correctional Law Reporter, vol. 23:13-14 (June-July 2011).
James E. Robertson, “Children Doing Adult Time: Applying the Proportionality
Principle to Conditions of Confinement,” Correctional Law Reporter, vol.
22(4):55-56, 64 (December-January 2011).
11
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 20092010).
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).
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
James E. Robertson, “Corrections: A Critical Approach,” ACJS Today (1998).
James E. Robertson, “Counties in Court, Corrections Today, July 1996, at 390.
James E. Robertson, "Indians in Prison," Corrections Today, October 1994, at 133.
James E. Robertson, “Life in the Balance,” Journal of Criminal Law and Criminology, vol.
77:477-480 (1987).
James E. Robertson, “Abolition and Capital Punishment, Journal of Criminal Law and
Criminology, vol. 76:553-556 (1985).
12
James E. Robertson, “The Limits of Law Enforcement,” American Political Science Review,
vol. 78:243-244 (1984).
James E. Robertson, “Organizational and Racial Conflict in Maximum-Security Prisons,”
Journal of Criminal Law and Criminology, vol. 74:1620-1623 (1983).
James E. Robertson, “Slow Coming Dark,” Journal of Criminal Law and Criminology, vol.
73:839-841 (1982).
James E. Robertson, “Imprisonment in America,”American Political Science Review,
vol. 82:916 (1982).
James E. Robertson, “From Ballot to Bench,” Social Science Quarterly, vol. 82:792-793
(1981).
PRESENTATIONS
Numerous papers and presentations.
They have been prepared for several forums, including “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).
A Reuters Thomson publication, this scholarly journal is in its 49th
volume and publishes articles on the legal aspects of criminal justice.
In 2011 the Criminal Law Bulletin ranked 2nd among 17 peer-edited
journals in the category of Criminal Law & Procedure. (source:
Washington & Lee University Law School, web address:
http://lawlib.wlu.edu/LJ/index.aspx. The methodology for ranking
can be located at http://lawlib.wlu.edu/LJ/method.asp#methodology).
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.
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.
13
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 ((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 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).
Andrew Franz, tenure and promotion to associate professor of criminal justice, University of
Pittsburgh (2010).

Numerous 2-year terms on all departmental committees (1980-present).

Acting department chairperson, fall semester (1998-1999).
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
Chair of university tenure and promotion committee (1990-1992).
OTHER EMPLOYMENT
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)
Taught criminal justice courses; received excellent peer and student
evaluations.
CONSULTANCIES (1999—present)
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• 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).
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
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]
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
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]
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