Linda E. Carter

Linda E. Carter - Professor of Law Professor of Law
Director, Criminal Justice Concentration
B.A., University of Illinois
J.D., University of Utah

E-mail Professor Carter
Tel: 916.739.7109

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 1984, Professor Carter served as an adjunct professor at the University of Utah, teaching Trial Advocacy. She joined the Pacific McGeorge faculty the following fall. She has written on death penalty, evidence, and international treaty issues. She is the co-author of a treatise on Capital Punishment Law and a book on Global Issues in Criminal Law. Her current area of interest is international criminal law, with a focus on war crimes tribunals. She conducted a research project in Rwanda on the "Gacaca" trials in 2005. In the spring of 2007, Professor Carter was a Visiting Professional at the International Criminal Court in The Hague for three months.

Recent Activities:

Taught International Criminal Law at the St. Petersburg Summer Law Institute, St. Petersburg, Russia, July 2008 (program co-sponsored by the University of Arkansas, Cleveland State University, and Pacific McGeorge).
Consultant and Presenter, 2 nd West African Judicial Colloquium: Promoting Judicial Independence and Access to Global Jurisprudence, Accra, Ghana, October 2007.
Co-Director of the Brandeis Institute for International Judges, Independence and Interdependence: The Delicate Balance of International Justice, Bretton Woods, New Hampshire, July 2007.
Legal Researcher, International Criminal Tribunal for Rwanda, Arusha, Tanzania, May-June 2007.
Visiting Professional, International Criminal Court, The Hague, The Netherlands, January-March 2007.
Panelist on Justice in Africa, Responses in Rwanda, at the annual conference of the African Studies Association, San Francisco, California, November 2006.
Panelist on Genocide and the Law: Making Human Rights Count , Stanford University, October 2006.
Taught International Criminal Law at the Pacific McGeorge summer program at the University of Salzburg, Austria, July 2006.
Moderator of panel on international approaches to wrongful convictions, Los Angeles, California, April 2006.
Co-Director of the Brandeis Institute for International Judges, Complementarity and Cooperation: Challenges for International Justice, Dakar, Senegal, January 2006.

Recent Publications:

Understanding Capital Punishment Law ( 2 nd ed., LexisNexis 2008) (with E. Kreitzberg and S. Howe).
Justice and Reconciliation on Trial: Gacaca Trials in Rwanda, 14 N.E. J. Int’l & Comp. L. 41 (2007).
Global Issues in Criminal Law (Thomson/West 2007) (with C. Blakesley and P. Henning).
Innocent of a Capital Crime: Parallels Between Innocence of a Crime and Innocence of the Death Penalty, 42 Tulsa L. Rev. 437 (2006) with E. Kreitzberg).

Upcoming Activities and Publications:

Clemency in Capital Cases in California, ____ Berkeley J. of Crim. L. ____ (forthcoming spring 2009) (with M. Moylan).
The Importance of Understanding Criminal Justice Principles in the Context of International Criminal Procedure: The Case of Admitting Evidence on Appeal, (forthcoming spring 2009 in publication of the University of Milan).
The Challenge of “Firsts” in International Criminal Justice: First Courts, First Judges, and Issues of First Impression.
Co-Director, Brandeis Institute for International Judges, International Justice: Past, Present, and Future, Trinidad, January 2009.

Curriculum Vitae:

University of Utah College of Law
Salt Lake City, Utah
J.D., 1978

Honors and Activities:
Order of the Coif
Associate Editor, Utah Law Review

University of Illinois
Champaign-Urbana, Illinois
B.A. Psychology, 1974

Lawrence University (1970-1972)
Appleton, Wisconsin

EMPLOYMENT

June 1985 to Present
Professor of Law (1991-present)
Director, Institute for Development of Legal Infrastructure (present)
Director, Criminal Justice Concentration (2000-2001; 2005-2006; present)
Associate Professor (1987-1991), Assistant Professor (1985-1987)
University of the Pacific, McGeorge School of Law
Sacramento, California
Teaching areas include Evidence, Criminal Law, Criminal Procedure, Capital
Punishment Law, International Criminal Law, and Comparative Law Perspectives.

Fall 2008
Visiting Professor
Louisiana State University Law Center
Baton Rouge, Louisiana
Teaching Criminal Law and Capital Punishment Law

Summer 1990
Visiting Professor
University of Utah College of Law
Salt Lake City, Utah
Taught Advanced Criminal Procedure.

Spring Semester 1985
Adjunct Professor
University of Utah College of Law
Salt Lake City, Utah
Taught Trial Advocacy

March 1981 to May 1985
Attorney, Salt Lake Legal Defender Association
Salt Lake City, Utah
Trial and appellate defense work in state court criminal misdemeanor and felony cases.

September 1978 to March 1981
Trial Attorney, Honors Program
Civil Rights Division, United States Department of Justice
Washington, D.C.
Civil litigation in federal courts in the areas of voting, housing, credit, and education. Received a special commendation from the Attorney General in 1980 primarily for trial work on a Texas case involving the right of undocumented alien children to attend public schools; the case reached the Supreme Court sub nom. Plyler v. Doe.

AWARDS

2008 Day Division Teacher of the Year, Pacific McGeorge School of Law
2005 Day Division Teacher of the Year, Pacific McGeorge School of Law
2002 University of the Pacific Eberhardt Teacher/Scholar Award
2001 Day Division Teacher of the Year, Pacific McGeorge School of Law

PROFESSIONAL ORGANIZATIONS AND ACTIVITIES

American Law Institute
Utah State Bar Association
American Bar Association
Association of American Law Schools
California Attorneys for Criminal Justice
National Association of Criminal Defense Lawyers
American Society of International Law
International Bar Association
International Criminal Bar

PUBLICATIONS:

Linda E. Carter, Christopher L. Blakesley, and Peter J. Henning, Global Issues in Criminal Law (Thomson/West 2007).

Ellen Kreitzberg and Linda E. Carter, Innocent of a Capital Crime: Parallels Between Innocence of a Crime and Innocence of the Death Penalty, 42 Tulsa L. Rev. 437 (2006).

Gevurtz, Carter, et al., Report Regarding the Pacific McGeorge Workshop on Globalizing the Law School Curriculum , 19 Pac. McGeorge Glob. Bus. & Dev. L.J. 1 (2006).

Linda E. Carter, Lessons from Avena: The Inadequacy of Clemency and Judicial Proceedings for Violations of the Vienna Convention on Consular Relations, 15 Duke Journal of Comparative and International Law 259 (2005).

Linda E. Carter, Performance and Application in Small Groups, in Steven Friedland & Gerald F. Hess, Teaching the Law School Curriculum ( Carolina Academic Press 2004).

Linda E. Carter and Ellen Kreitzberg, Understanding Capital Punishment Law (LexisNexis 2004).

Linda E. Carter, Compliance with ICJ Provisional Measures and the Meaning of Review and Reconsideration under the Vienna Convention on Consular Relations: Avena and Other Mexican Nationals (Mex. v. U.S.), 25 Mich. J. Int’l L. 117 (2003).

Linda E. Carter, The Sporting Approach to Harmless Error in Criminal Cases:

The Supreme Court’s “No Harm, No Foul” Debacle in Neder v. United States, 28 Am. J. Crim. L. 229 (2001).

Linda E. Carter, The Rights of Foreign Nationals Under the Vienna Convention on Consular Relations, 2001 CACJ/CPDA Capital Case Seminar Materials, available through Amnesty International at aiwarren@sympatico.ca or on request from author.

Linda E. Carter and John Cary Sims, The Vienna Convention on Consular Relations and the Rights of Non-Citizen Criminal Defendants: The Lessons of Breard, 9 California Defender 47 (1999).

John Cary Sims and Linda E. Carter, Representing Foreign Nationals: The Emerging Importance of the Vienna Convention on Consular Relations as a Defense Tool, 22-Sept./Oct. The Champion 28 (1998).

Linda E. Carter, Intermediate Scrutiny Under Fire: Will Plyler Survive State Legislation to Exclude Undocumented Children from School? 31 Univ. San Fran. L. Rev. 345 (1997).

Linda E. Carter, Harmless Error in the Penalty Phase of a Capital Case: A Doctrine Misunderstood and Misapplied, 28 Ga. L. Rev. 125 (1993).

Linda E. Carter, Admitting Matters of Mind, The Recorder, September 2, 1992.

Linda E. Carter, Beyond a Reasonable Doubt in Death Penalty Proceedings: The Neglected Element of Fairness, 52 Ohio St. L.J. 195 (1991).

Linda E. Carter, The Admissibility of Expert Testimony in Child Sexual Abuse Cases: Retire Kelly-Frye and Return to a Traditional Analysis, 22 Loy. L.A.L. Rev . 1103 (1989).

John E. B. Myers, and Linda E. Carter, Proof of Physical Child Abuse, 53 Mo. L. Rev . 1 (1988).

Linda E. Carter, Maintaining Systemic Integrity in Capital Cases: The Use of Court-Appointed Counsel to Present Mitigating Evidence When the Defendant Advocates Death, 55 Tenn. L. Rev. 95 (1987).

Note, Title VII in the Supreme Court: Equal Employment Opportunity Bows to Seniority Rights, 1978 Utah Law Review 249.

SELECTED PRESENTATIONS AND OTHER PROFESSIONAL ACTIVITIES:

Guest Speaker, Clemency in Capital Cases: Illusory Promise or Final Safeguard?, presentation to faculty of Louisiana State University Law Center, Baton Rouge, Louisiana, November 2008.

Participant, The Public/Private Law Divide in International Law, University of Nevada, Las Vegas, September 2008.

Speaker, Overview of the Jurisprudence of the U.S. Supreme Court on the Death Penalty, presentation to judges from Louisiana and Mississippi, Judicial College, New Orleans, Louisiana, August 2008.

Panelist on The Decision of the United States Supreme Court in the MedellinCase (the effect of a decision of the International Court of Justice in U.S. cases involving the Vienna Convention on Consular Relations), McGeorge School of Law, April 2008.

Co-Director, Brandeis Institute for International Judges, Bretton Woods, New Hampshire, July 2007. Panelist/Moderator on The Role of Precedent in Decision-Making in International Tribunals.

Legal Researcher, International Criminal Tribunal for Rwanda, Arusha, Tanzania, May-June 2007.

Visiting Professional in Chambers, International Criminal Court, The Hague, The Netherlands, January-March 2007.

Lecture, Justice and Reconciliation on Trial: Gacaca Proceedings in Rwanda, Appeals Chamber, International Criminal Court, The Hague, The Netherlands, March 2007.

Panelist, Justice in Africa: The Interrelationship of Local, National, and International Responses in Rwanda, African Studies Association conference, San Francisco, California, November 2006.

Panelist, Genocide and the Law: Making Human Rights Count , and Workshop Leader, Post-Panel Breakout Session on Human Rights: How Can Lawyers Shape the Future of Responses to Genocide? Prosecutorial, Judicial, and Legislative Roles, Shaking the Foundations Conference, Stanford University, Palo Alto, California, October 2006.

Panelist at ASIL Conference, Globalizing the Law School Curriculum, April 2006, Washington, DC.

Amicus brief for NACDL in case seeking rehearing en banc in 9 th Circuit on issue of test for assessing scope of foreign commerce clause.

Moderator, Applying International Models of Justice to the U.S. System, Conference on The Faces of Wrongful Conviction, University of California— Los Angeles, April 2006.

C o-Director, Brandeis Institute for International Judges, Dakar, Senegal, January 2006. Conducted sessions on Harmonizing Legal Systems and on Gacaca, Truth Commissions, and Other Alternatives to a Judicial Process.

Presenter, Application of International Law in Domestic Death Penalty Cases, Brandeis University’s West African Colloquium, Dakar, Senegal, January 2006.

Speaker, Post-Conviction Roadblocks to Compliance with the Vienna Convention on Consular Relations: Lessons from Avena, Distinguished Speakers Series, University of the Pacific, McGeorge School of Law, November 2005.

Workshop on International Issues in Death Penalty Cases, California Appellate Project, San Francisco, November 2005.

Lecture and Workshop, The Defense Function in the Upcoming Khmer Rouge Tribunal, Documentation Center of Cambodia, Phnom Penh, Cambodia, August 2005.

Moderator for the Criminal Law workshop at the Tahoe Globalizing the Law School Curriculum conference, August 2005.

Research on Gacaca trials in Rwanda, July 2005.

Moderator of discussion of film on war crimes against women, Calling the Ghosts, community forum in Sacramento, California, 2005.

Moderator, California’s Death Penalty: Separating Fact from Fiction, American Constitution Society, University of the Pacific, McGeorge School of Law, March 2005.

Speaker, International Law and the Death Penalty, School of International Studies, University of the Pacific, Stockton, California, March 2005.

Panelist, Application of International Treaty Rights and Customary International Law in Capital Cases, Second World Congress Against the Death Penalty, Montreal, Canada, October 2004.

Commentator, Prosecuting and Defending War Crimes in International Tribunals: Is Justice Being Served?, McGeorge School of Law, September 2004.

Presenter, Miscarriages of Justice: The Inadequacy of Clemency and Judicial Proceedings for Violations of the Vienna Convention on Consular Relations,International Society for the Reform of Criminal Law, Montreal, Canada, August 2004.

Rapporteur, Brandeis Institute for International Judges, Salzburg, Austria, June 2004.

Speaker, Mexico v. United States in the International Court of Justice , Sacramento Chapter of the United Nations Association, February 2004.

Speaker/Commentator, Debate, Discussion & Decision: Can a Military Tribunal Protect the Rights of the Guantanamo Bay Detainees?, McGeorge School of Law, February 2004.

Rapporteur, Brandeis Institute for International Judges, Salzburg, Austria, July 2003.

Commentator on presentation by Dr. Elizabeth Loftus on Witness Memory, McGeorge School of Law, March 26, 2003.

Speaker, International Issues in Capital Cases, 2003 Capital Defense Seminar, sponsored by the California Attorneys for Criminal Justice (CACJ) and the California Public Defender Association (CPDA), Monterey, California, February 15, 2003.

Presentation on The Trial Advocacy Model of Mastery and Feedback in a Substantive Course, McGeorge School of Law, April 2002.

Moderator, Conference on Leadership Issues in Criminal Justice Policy, University of the Pacific, McGeorge School of Law, June 5, 2002.

Presentation/Workshop on The Trial Advocacy Model of Mastery and Feedback in a Substantive Course (Or: How to Know if Anyone Really Understands Hearsay), Teaching Law Institute, Gonzaga University School of Law, Spokane, Washington, July 2001.

Presentation on The Rights of Foreign Nationals Under the Vienna Convention on Consular Relations, 2001 Capital Case Defense Seminar, sponsored by the California

Attorneys for Criminal Justice (CACJ) and the California Public Defender Association (CPDA), Monterey, California, February 2001.

Presentation on The Medicate-to-Execute Dilemma in Death Penalty Cases in the United States, at the annual conference of the International Association of Law and Mental Health, Siena, Italy, July 2000.

Presentation on The Constitutional Status of the Death Penalty, Forum on The Catholic-Jewish Dialogue: Crime, Punishment, and the Death Penalty, co-sponsored by the Catholic Diocese of Sacramento, the Jewish Community Relations Council, and the McGeorge Criminal Law Forum, September 1, 2000.

Presentations on Criminal Procedure, Harmless Error, and Representing Foreign Nationals for the Capital Appellate Advocacy Program, October 1999 and July 1998.

Presentation to the McGeorge faculty (with John Sims) on Of Foreigners and Federalism, Sacramento, California, 1999.

Moderator for panel discussion, The Death Penalty from Trial to Execution: A Timely Process?, sponsored by the McGeorge Criminal Law Forum, April 1999.

Participant in the Anthony M. Kennedy Inn of Court, September 1997-2000.

Drafted questions on Criminal Law for the Michigan Bar, November 1996.

Testified before the State Senate Criminal Procedure Committee on A.B. 882, which amended the California Evidence Code to permit character evidence of sexual misconduct, Sacramento, June 1995.

Panelist, Proposition 187: Its Implications for Regional Immigration Policy, Conference of Western Alliance of Farmworker Advocates, Sacramento, October 1994.

Moderator, Proposition 187: Illegal Aliens, sponsored by the Women Democrats of Sacramento County and the McGeorge Democrat Club, Sacramento, August 1994. The program was also shown on television.