McGeorge School of Law

Linda Carter

Professor of Law Emerita

Linda E. Carter

Contact

Phone: 916.739.7109
Email: lcarter@pacific.edu

Education

BA, University of Illinois
JD, University of Utah

Biography

Professor Carter was a trial attorney in the honors program of the Civil Rights Division of the U.S. Department of Justice from 1978 to 1981. She worked on voting, housing, and education discrimination cases. She then spent four years as a criminal defense attorney with the Salt Lake City Legal Defender Association, where she tried cases ranging from DUI to murder.

In 1985, Professor Carter joined the McGeorge faculty. She has written on death penalty, evidence, international treaty issues, and international criminal procedure. She is the co-author of a treatise on Capital Punishment Law, books on Global Issues in Criminal Law and Criminal Procedure, and a recent book on International Criminal Procedure. Her current area of interest is international criminal law, with a focus on war crimes tribunals.

Prof. Carter has lectured and researched international criminal law issues in multiple venues. In 2005, she studied the Gacaca trials in Rwanda and conducted a workshop in Cambodia. In 2007, she served as a Visiting Professional in the Appeals Chamber of the International Criminal Court in The Hague and as a legal researcher at the International Criminal Tribunal for Rwanda. She was a Fulbright Senior Specialist in Senegal in 2009. Since 2003, she has worked with the Brandeis Institute for International Judges, which convenes meetings of judges from all major international tribunals.

In the summer of 2013, Prof. Carter directed the first Law and Development Practicum for law students in Kampala, Uganda. Prof. Carter is a member of professional organizations, including the International Bar Association, the National Association of Criminal Defense Lawyers, and the American Branch of the International Law Association; she is also an elected member of the American Law Institute.

Courses

Criminal Procedure

Criminal Law

Capital Punishment

International Criminal Law

Representative Scholarship

Recent Activities

  • Co-Director (with Richard Goldstone), Brandeis Institute for International Judges, The International Rule of Law in a Human Rights Era, Lund, Sweden, July 2013.
  • Director, Law and Development Practicum, Kampala Uganda, May 19-June 8, 2013.
  • Taught International Criminal Procedure in the United Nations Interregional Crime and Justice Research Institute (UNICRI) Master of Laws in International Crime and Justice, Turin, Italy, March 2013.
  • Coached students for Pace University International Criminal Court moot court competition, February 2013.
  • Speaker, Sacramento Protect and Defend Bar program on my experiences in litigating the In re Alien Children Education Litigation case at the trial level in Texas (in the United States Supreme Court sub nom. Plyler v. Doe), February 2013.
  • Lecturer on International Criminal Law in a project sponsored by the International Law Institute-African Centre for Legal Excellence, conducted at the University of Sierra Leone, Freetown, Sierra Leone, January 2013.
  • Panelist, Imagining the Future of the ICC at "International Criminal Court at Ten" conference, Washington University, St. Louis, Missouri, November 2012.
  • Panelist, International Judicial Trials, Truth Commissions, and Gacaca: Developing a Framework for Transitional Justice from the Experiences in Sierra Leone and Rwanda at a conference on the legacy of the Special Court for Sierra Leone, University of Pittsburgh School of Law, April 2012.

Upcoming Publications and Activities

  • The Future of the International Criminal Court: Complementarity as a Strength or a Weakness?," ___ Wash. U. Global Studies L. Rev. ___ (2013).
  • International Judicial Trials, Truth Commissions, and Gacaca: Developing a Framework for Transitional Justice from the Experiences in Sierra Leone and Rwanda in the Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law (Charles C. Jalloh ed., Cambridge University Press, forthcoming 2012).
  • Ongoing research project on the Relationship of the International Criminal Court and National Jurisdictions, with Mark Ellis, International Bar Association, and Charles Jalloh, Associate Professor, University of Pittsburgh School of Law.

Representative Scholarship

  • Linda Carter and Fausto Pocar, eds., International Criminal Procedure: The Interface of Civil Law and Common Law Legal Systems (Edward Elgar 2013).
  • Linda E. Carter, The Evolution of Justice Kennedy's Eighth Amendment Jurisprudence on Categorical Bars in Capital Cases, 44 McGeorge Law Review 229 (2013).
  • Linda E. Carter, Ellen Kreitzberg, and Scott M. Howe, Understanding Capital Punishment Law (3rd edition, LexisNexis 2012).
  • Linda E. Carter, Torture and the War on Terror: The Need for Consistent Definitions and Remedies, 6 Journal of National Security Law and Policy 291 (2012).
  • Linda E. Carter, The International Criminal Court in 2021, 18 Southwestern Law School Journal of International Law 199 (2011).
  • Carter, Blakesley and Henning, Global Issues in Criminal Procedure (Thomson/West 2011).
  • Linda E. Carter, The Challenge of "Firsts" in International Criminal Justice: First Courts, First Judges, and Issues of First Impression, essay included in Eboe-Osuji (ed.), Protecting Humanity: Essays in International Law and Policy in Honor of Navanethem Pillay (Martinus Nijhoff 2010).
  • Linda E. Carter, The Principle of Complementarity and the International Criminal Court: The Role of Ne Bis in Idem, 8 Santa Clara J. Int'l L. 165 (2010).
  • Mary-Beth Moylan and Linda E. Carter, Clemency in California Capital Cases, 14 Berkeley J. of Crim. L. 37 (2009).
  • Linda E. Carter, Le développement de la procédure pénale internationale: Le défi d'un mélange entre les systèmes de droit romano-germanique et de la common law (Developing International Criminal Procedure: The Challenge of Blending Civil and Common Law Legal Systems).
  • Linda E. Carter, The Importance of Understanding Criminal Justice Principles in the Context of International Criminal Procedure: The Case of Admitting Evidence on Appeal, in Gabriella Venturini and Stefania Bariatti (eds.), Liber Fausto Pocar: Individual Rights and International Justice (Giuffre Editore 2009).
  • The International Criminal Court In An Effective Global Justice System (Edward Elgar, 2016) with co-authors Mark Ellis and Charles Jalloh.
  • Two Steps Forward, One Step Back: The Deterrence Effect of the International Criminal Tribunals (Nuremberg Principles Academy, 2016) with co-editor Jennifer Schense.

Books Published in 2016