John Cary Sims
Professor of Law
A.B., Georgetown University
J.D., Harvard University
Email Professor Sims
Tel: 916.739.7017
Professor Sims clerked for Judge Frank M. Coffin (Chief Judge, U.S. Court of Appeals for the First Circuit). For 11 years, he was an attorney for the Public Citizen Litigation Group, a public interest law firm in Washington, D.C. founded by consumer advocate Ralph Nader. Professor Sims handled a wide range of complex cases at all levels of the state and federal courts, including the Supreme Court of the United States. He was involved in several significant constitutional cases, including Chadha v. INS and Snepp v. United States. His primary research interests involve human rights, and problems arising under the First Amendment. Professor Sims is a founding Co-Editor-in-Chief of the Journal of National Security Law and Policy, a peer-reviewed law review devoted to the broad range of issues related to national defense.
Courses: Constitutional Law | National Security Law | International Protection of Human Rights | Professional Responsibility
Same Sex Marriage Controversy:
Moving Toward Equal Treatment of Homosexuals, 23 Pacific Law Journal 1543-1573 (1992).
Recent Publications:
“The Asymmetrical Nature of the U.S. Treaty Process and the Challenges That Poses for Human Rights,” Hamline University School of Law, St. Paul, Minnesota, March 14, 2008 (paper delivered as part of a symposium on “The Declaration of Human Rights: A Reality Check” and to be published in the Hamline Journal of Public Law & Policy ).
How The Bush Administration's Warrantless Surveillance Program Took The Constitution On An Illegal, Unnecessary, And Unrepentant Joyride 12 UCLA J. Int’l & Foreign Aff. 163-179 (2007).
“FISA and Electronic Surveillance - Does National Security Burden Freedom?”, University of the Pacific, McGeorge School of Law, October 1, 2007 (debate with Professor John Yoo).
Curriculum Vitae:
Education:
Harvard Law School, Cambridge, Massachusetts.
J.D., magna cum laude, 1974.
Member, Board of Editors, Harvard Law Review, 1972-1974.
Supreme Court Note and Note Editor, Volume 87 (1973-1974).
Georgetown University, Washington, D.C.
A.B., magna cum laude, 1971.
Major in economics with departmental honors.
Major in government with departmental honors.
Phi Beta Kappa.
Employment:
Professor of Law, University of the Pacific/McGeorge School of Law, Sacramento, California. 1989- (Associate Professor, 1986-1989.)
Courses taught: Constitutional Law; International Protection of Human Rights; National Security Law; Professional Responsibility; Federal Courts; Administrative Law; First Amendment; Remedies.
Co-Editor-in-Chief, Journal of National Security Law & Policy (Volume 1 – ).
Additional law school teaching: Cleveland-Marshall College of Law Summer Law Institute, St. Petersburg, Russia (Comparative Constitutional Law, 2005); University of the Pacific/McGeorge School of Law Summer Institute on International Legal Studies, Salzburg, Austria (Using International Law to Protect the Individual, 2003); Boalt Hall, University of California at Berkeley School of Law (Administrative Law, 2001); Georgetown University Law Center (Civil Litigation Seminar, 1985).
Attorney, Public Citizen Litigation Group, Washington, D.C. 1975-1986.
The Public Citizen Litigation Group is the public interest law firm founded by Ralph Nader. As one of ten attorneys in this office, I handled a wide range of complex cases at all levels of the state and federal courts, including the Supreme Court of the United States. I was the principal attorney for the respondent in Regan v. Taxation with Representation of Washington, 461 U.S. 540 (1983), in which the Supreme Court considered the constitutionality of the federal statutes regulating lobbying by public charities. I also participated actively in such other significant constitutional cases as Snepp v. United States, 444 U.S. 507 (1981), Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), and Kissinger v. Halperin, 452 U.S. 713 (1981).
Law Clerk to the Honorable Frank M. Coffin, Chief Judge of the United States Court of Appeals for the First Circuit, Portland, Maine. 1974-1975.
Bar Admissions:
California (1986); Massachusetts (1974)(inactive member); the District of Columbia (1975)(inactive member); the Supreme Court of the United States; and a number of other federal courts.
Articles and Papers:
"What NSA Is Doing . . . and Why It's Illegal," 33 Hastings Const. L.Q. 105-140 (2006).
“The Uneven Pursuit of Disinterestedness (“Désinteressement”) in Regulating Lawyers in the United States,” Union Internationale des Avocats, Fez, Morocco, September 1, 2005 (paper delivered as part of a program on “Lawyers of the World: A Single Code of Ethics?”).
Compliance Without Remands: The Experience Under the European Convention on Human Rights, Arizona State Law Journal 639-660 (2004).
“An Overview of the Experience of the United States with International Terrorism Prior to September 11, 2001,” Novgorod State University School of Law, Novgorod, Russia, October 25, 2002 (paper delivered at a conference on international terrorism).
“Lawyers After September 11, 2001: Some of the Effects of the New U.S. Anti-Terrorism Laws on the Legal Profession and on the Rights of the Defense,” European Court of Human Rights, Strasbourg, France, July 1, 2002 (lecture; also delivered in Brussels, Belgium to the Union Internationale des Avocats and in Paris, France to the Australian Bar Association).
“The Pinochet Case and its Implications for Extra-Territorial Accountability for Torture and Other Violations of Human Rights,” Union Internationale des Avocats, New Delhi, India, November 5, 1999 (paper delivered as part of a program on “The Role of International and Domestic Courts in the Defence and Protection of Human Rights”).
Why the Supreme Court Will Uphold Strict Controls on Tobacco Advertising [with David C. Vladeck], 22 S. Ill. U. Law J. 651-677 (1998).
“Defending Free Speech in a World of Conflicting National Standards,” Union Internationale des Avocats, Madrid, Spain, September 5, 1996 (paper delivered as part of a program on “Justice and the Media”).
Triangulating the Boundaries of Pentagon Papers, 2 William & Mary Bill of Rights Journal 341-453 (1993).
Moving Toward Equal Treatment of Homosexuals, 23 Pacific Law Journal 1543-1573 (1992).
"What Are the Appropriate Requirements for Admission to the Bars of the United States District Courts?", New York University School of Law, June 12, 1987 (paper delivered at a national conference on bar admissions).
Commentary and Reviews
“Disinviting Summers Was Justified” [with Deb Niemeier], Sacramento Bee, October 7, 2007, at E3.
“Ten Questions: Responses of John Cary Sims,” 33 Wm. Mitchell L. Rev. 1593-1604 (2007).
“Emergency Planning and Community Right-To-Know Act of 1986" and “Privacy Act,” entries in Major Acts of Congress (Brian Landsberg, editor) (Gale 2003).
Book Review of Leubsdorf, Man in His Original Dignity: Legal Ethics in France, 16 Transnational Lawyer 395-400 (2003).
The Vienna Convention on Consular Relations and the Rights of Non-Citizen Criminal Defendants: The Lessons of Breard [with Linda E. Carter], California Defender, pages 47-49 (Third & Fourth Quarters 1999).
Book Review of De George, Academic Freedom and Tenure: Ethical Issues, 25 Journal of College and University Law 443-450 (1998).
Representing Foreign Nationals: Emerging Importance of the Vienna Convention on Consular Relations as a Defense Tool [with Linda E. Carter], The Champion, September/October 1998, 28-31, 56-60.
From the Archives: The BRUSA Agreement of May 17, 1943, 21 Cryptologia 30-38 (1997).
Press Freedom in a World of Conflicting National Standards, Juriste International (February 1997), at 63-65 (English) and 59-61 (French translation).
UIA Brief for Rights of Death Row Paraguayan, Juriste International (July 1997), at 38-40 (English) and 35-37 (French translation).
Pharmaceutical Fleecing: Pending Bill Is an Abuse of Regulation, San Francisco Daily Journal, September 14, 1994, at 4.
Book Review of Tushnet, The NAACP's Strategy Against Segregated Education, 1925-1950, 6 Constitutional Commentary 183-189 (1989).
The Bar Admission Maze: Varying Standards for Federal District Courts Cause Problems,” Los Angeles Daily Journal, February 22, 1988, at 4.
Residency Ruling Poses New Questions for Bar: How Far Does New York Decision Reach?, National Law Journal, January 14, 1980, at 12.
Case Note on Hackett v. General Host Corp., 86 Harvard Law Review 438-447 (1972).
Selected Addresses, Panels, and Other Presentations:
“Congress and the Bush Administration,” Section on Legislation and Law of the Political Process, Association of American Law Schools, New York City, January 5, 2008 (panelist).
“National Security and Government Secrecy,” Annenberg School for Communication, University of Southern California, Los Angeles, California, October 26, 2007 (panelist at a conference organized by the First Amendment Coalition).
“FISA and Electronic Surveillance - Does National Security Burden Freedom?”, University of the Pacific, McGeorge School of Law, October 1, 2007 (debate with Professor John Yoo).
“The Dramatic Effects of U.S. Principles of Federalism on Efforts to Loosen Restraints on International Competition in the Provision of Legal Services,” Union Internationale des Avocats, Lisbon, Portugal, June 30, 2007 (panelist).
“The NSA, Wiretapping, and the Law,” Constitutional Law and Civil Rights Section, Sacramento County Bar Association, May 17, 2007 (luncheon speaker).
“And Then the Attorney General Blinked - The NSA’s Warrantless Surveillance Program and Separation of Powers,” Ohlone College, Fremont, California, February 22, 2007 (lecture).
“The Military Commissions Act,” Milton Schwartz Inn of Court, University of California, Davis, California, November 8, 2006 (program participant).
“The Lawyer and Advertising - Need, Content, Limits: The Search for Global Harmonisation,” Union Internationale des Avocats, Salvador, Brazil, November 1, 2006 (panelist).
“What the Controversy over NSA’s Warrantless Surveillance Program Can Teach Us About Separation of Powers,” San Joaquin Delta College, Stockton, California, September 20, 2006 (lecture).
“The Future of the Geneva Conventions - The Challenges of Assuring Humane Treatment of Prisoners in a World of Unconventional Warfare, Terrorism, and Failed States,” School of International Studies, University of the Pacific, Stockton, California, September 5, 2006 (lecture).
“National Security Issues and the Practice of Journalism,” Graduate School of Journalism, University of California, Berkeley, California, September 30, 2006 (panelist at a conference organized by the First Amendment Coalition).
“Terrorism, the Rule of Law, and Military Tribunals,” Legal Heritage Institute, State Capitol, Sacramento, California, August 10, 2006 (panelist).
“The Vienna Convention on Consular Relations: A Tale of International Law, Federalism, and Criminal Law,” American Association of Law Libraries, St. Louis, Missouri, July 10, 2006 (panelist).
“The ‘Asymmetrical’ Treaty Power Under the U.S. Constitution – A Partial Explanation of Why the United States Has Increasingly Turned Its Back on International Law,” Boalt Hall, University of California School of Law, Berkeley, California, October 31, 2005 (panelist commenting on the book “Lawless World” by Philippe Sands).
“The Strasbourg Court: The Worldwide Influence of the European Court of Human Rights,” Alliance Française de Sacramento, October 15, 2005 (lecture).
“‘Your Dungeons or Ours?’ U.S. Efforts to Evade the Law by Maintaining a Chain of Secret Camps for ‘High Value’ Terrorists, While Shipping Others Off to Nations Where Torture Is Inevitable,” School of International Studies, University of the Pacific, Stockton, California, October 4, 2005 (lecture).
“The Oregon ‘Death with Dignity’ Case,” Supreme Court Preview, University of the Pacific/McGeorge School of Law, September 28, 2005 (speaker).
“Student Privacy Rights and the Constitution,” University of the Pacific, Stockton, California, September 21, 2005 (Constitution Day panelist).
“The War on Terrorism and Separation of Powers,” Sacramento City College, Sacramento, California, September 16, 2005 (Constitution Day speaker).
“Terrorism and Separation of Powers,” Legal Heritage Institute, State Capitol, Sacramento, California, July 14, 2005 (lecture).
“Issues of Lawyers’ Professional Responsibility in Terrorism Cases,” University of the Pacific/McGeorge School of Law, Long Beach and Sacramento, California, January 22 and 29, 2005 (MCLE programs).
“Regulation in the 21st Century: Public Protection v. Laissez Faire,” University of the Pacific/McGeorge School of Law, Sacramento, California, October 27, 2004 (panelist).
“The Roots of Terrorism,” Unitarian Universalist Society of Sacramento, October 24, 2004 (speaker).
“The War on Terror and International Human Rights,” Constitutional Law and Civil Rights Section, Sacramento County Bar Association, October 13, 2004 (luncheon speaker).
“Terrorism and National Security Law,” California Court Interpreters Association, Sacramento, California, October 9, 2004 (speaker).
“American Power and Global Security,” Davis, California, October 8, 2004 (panelist).
“The Medical Marijuana Case,” Supreme Court Preview, University of the Pacific/McGeorge School of Law, October 6, 2004 (speaker).
“The International Criminal Court – How It Will Assist in Enforcing Human Rights Standards Worldwide,” The Renaissance Society, California State University, Sacramento, September 10, 2004 (lecture).
“The Framework of International and Constitutional Law,” Elk Grove Peace & Justice Forum, August 9, 2004 (speaker).
“Impacts of Terrorism on the Rule of Law and Military Tribunals,” Legal Heritage Institute, State Capitol, Sacramento, California, July 22, 2004 (co-presenter with General Tom Eres).
“The International Criminal Court,” United Nations Association of the United States, Sacramento Chapter, June 28, 2004 (luncheon speaker).
“The Supreme Court’s Recent Decision in Tennessee v. Lane and the Current Trends Shaping the States’ 11th Amendment Shield Against Damage Actions,” Administrative Law Section, Sacramento Bar Association, June 23, 2004 (luncheon speaker).
“The U.S.A. PATRIOT Act and Other Civil Liberty Concerns,” League of Women Voters of San Joaquin County, Stockton, California, April 21, 2004 (speaker).
“Civil Liberties Implications of the War on Terrorism,” University of the Pacific, Stockton, California, April 14, 2004 (speaker).
“Civil Liberties Versus National Security Post 9-11: Are We Striking the Right Balance?”, Federalist Society, University of the Pacific/McGeorge School of Law, Sacramento, California, March 25, 2004 (debate participant).
“Should the Supreme Court Refer to International Law to Interpret the U.S. Constitution?”, Sacramento Federalist Society, Sacramento, California, March 11, 2004 (debate with Professor John Yoo).
“Can Military Tribunals Protect the Rights of the Guantanamo Bay Detainees?”, University of the Pacific/McGeorge School of Law, Sacramento, California, February 11, 2004 (panelist).
“U.S. Foreign Policy and International Law Since 9/11,” University of the Pacific, Stockton, California, September 11, 2003 (panelist).
“Electing Judges, Establishing Procedures, Confronting Diplomatic Complications – The New International Criminal Court Takes Its First Steps,” Salzburg, Austria, July 9, 2003 (lecture).
“The Future of the U.N. Security Council After the Second Iraq War,” Sacramento, California, June 23, 2003 (speaker).
“An Overview of the Constitutional Principles, Statutes, and Rules Regulating Advertising by California Attorneys,” San Joaquin County Bar Association, Stockton, California, May 5, 2003 (MCLE program).
“International Law and the U.S. Invasion of Iraq,” Sacramento, California, March 24, 2003 (participant on panel).
“Due Process for Accused Taliban Fighter Yaser Esam Hamdi,” Caen, Normandy, France, January 26, 2003 (human rights speech awarded third prize in the 14th Concours International de Plaidoiries).
“What California Lawyers Need to Know About Multijurisdictional Practice,” University of the Pacific/McGeorge School of Law (materials prepared for a program of continuing education for attorneys given on January 25, 2003).
“The Role of an Independent Judiciary in Assessing the Propriety of the Approaches Being Used in Countering Terrorism,” Sacramento, California, December 23, 2002 (speaker).
“Should We Attack Iraq? A Community Conversation on the Morality of War,” University of the Pacific, Stockton, California, December 2, 2002 (participant in a panel discussion).
“What Does International Law Have to Say About a Possible U.S. Invasion of Iraq?”, Sacramento, California, November 14, 2002 (speaker).
“Evaluating the Federal Judiciary’s Performance During the War on Terrorism,” University of the Pacific, Stockton, California, September 11, 2002 (panelist).
“Symposium: Reflections on 9/11,” University of the Pacific/McGeorge School of Law, Sacramento, California, September 11, 2002 (speaker).
“The Law of War and the Powers of the President,” Milton Schwartz Inn of Court, University of California, Davis, California, May 8, 2002 (program participant).
“A Comparison of the Different Methods Available for Trying Those Accused of Terrorist Attacks: Federal Courts, International Approaches, and Military Tribunals” and “The Prosecution of the Nazi Saboteurs During World War II,” University of the Pacific/McGeorge School of Law, Sacramento, California, February 2, 2002 (speaker).
“International Law and Terrorism,” University of the Pacific, Stockton, California, November 29, 2001 (panelist).
“A Critical Analysis of the USA-PATRIOT Act,” University of the Pacific/McGeorge School of Law, Sacramento, California, November 20, 2001 (speaker).
“Of Civil Wrongs and Rights: The Fred Korematsu Story,” University of the Pacific, Stockton, California, October 23, 2001 (organizer and moderator of an event presenting and discussing a film based on the World War II internment of Japanese-Americans).
“The Constitutional, Statutory, and Political Elements of U.S. Policymaking in Response to Terrorism,” University of the Pacific/McGeorge School of Law, Sacramento, California, October 5, 2001 (panelist).
“Federalism, State Constitutions and Judicial Interpretation in the Wake of Bush I,” University of the Pacific/McGeorge School of Law, Sacramento, California, March 17, 2001 (panelist).
“Shield or Sieve: California’s Shield Law in 2001,” Center for California Studies, California State University, Sacramento, California, March 1, 2001 (panelist).
“With US or Without US? The Future of the Proposed International Criminal Court and the Controversy over U.S. Policy Toward Accountability for War Crimes, Genocide, and Crimes Against Humanity,” University of the Pacific/McGeorge School of Law, Sacramento, California, February 3, 2001 (organizer and panelist).
“Face to Face with the Death Penalty: What Roles for Bars and Law Societies?”, United Nations, New York, July 7, 2000 (panelist in a briefing for the representatives of the bar associations and law societies that are collective members of the Union Internationale des Avocats).
“Legal and Ethical Issues Raised by Genetic Testing,” Sacramento Section of the National Council of Jewish Women, Sacramento, California, September 24, 1997 (panelist).
“Dramatic Constitutional Issues in Our Early Constitutional History,” Sacramento Women’s Council, Sacramento, California, October 16, 1996 (lecture).
"A Consumer-Protection Guide for Clients Seeking Access to Legal Services," Korean Law Day, Sacramento, California, September 16, 1995 (speaker).
“Sexual Harassment in Universities,” Federalist Society, Sacramento, California, September 11, 1995 (debate with Michael Grieve).
"The Promise and Pitfalls of Attorney Advertising in California", University of the Pacific/McGeorge School of Law, Sacramento, California, March 20, 1995 (panelist).
"The Significance of the Japanese-American Internment Cases in Constitutional Law," Florin Japanese American Citizens League, Sacramento, California, March 11, 1995 (workshop for teachers).
"Freedom of Expression: Speech and Press," 1992 Teacher Institute of the Citizenship and Law-Related Education Center, Sacramento, California, July 22, 1992 (lecture).
Debate on the Nomination of Clarence Thomas To Be an Associate Justice of the Supreme Court, University of the Pacific/McGeorge School of Law, Sacramento, California, August 28, 1991 (advocate opposing Senate confirmation of the nominee).
"Effective Use of Rule 68 Offers," EEO Committee of the ABA Section of Labor and Employment Law, Pebble Beach, California, March 16, 1990 (speaker).
"Affordable Legal Services – California's Nonlawyer Solution," San Francisco, California, September 9-10, 1989 (panelist).
"Constitutional Issues Raised by the Internment of Japanese-Americans During World War II," 42nd Annual California History Institute, University of the Pacific, Stockton, California, April 29, 1989 (speaker).
"Untangling the Auto Insurance Initiatives," University of the Pacific/McGeorge School of Law, Sacramento, California, September 28, 1988 (organizer and panelist).
"Looking Ahead to the Real Bicentennial . . . in the Year 2001," University of the Pacific, Stockton, California, April 15, 1988 (lecture).
"The Constitution and Taxes," University of the Pacific/McGeorge School of Law, Sacramento, California, March 24, 1988 (panelist).
"The Contentious Early Years of Our Constitution – From the Ratification Debates to Marbury v. Madison," University of the Pacific, Stockton, California, October 10, 1987 (lecture).
Testimony:
Senate Judiciary Committee, California Legislature, April 24, 2001 (testimony in favor of S.B. 1196, a proposal to waive California’s 11th Amendment immunity in certain types of civil rights cases).
Supreme Court of California, November 9, 1998, Sacramento, California (supporting the authority of the Court to require attorneys to pay dues to support the disciplinary system despite the expiration of the statute authorizing the imposition of such fees).
Assembly Natural Resources Committee, California Legislature, September 2, 1997 (First Amendment issues raised by S.B. 638, a proposal to exempt ceremonial burning of worn U.S. flags from air pollution laws).
Senate Revenue and Taxation Committee, California Legislature, June 18, 1997 (First Amendment issues raised by S.B. 1013, which would have imposed a tax on pornography).
California Judicial Council Task Force on Photographing, Recording and Broadcasting in the Courtroom, San Francisco, California, January 8, 1996 (testimony in opposition to proposed restrictions on televised coverage of trials).
Assembly Committee on Judiciary, California Legislature, May 24, 1995 (First Amendment issues raised by a proposal to auction off the right to televise high-profile trials).
Assembly Committee on Health, California Legislature, March 21, 1995 (constitutional issues raised by a proposal to withhold prenatal medical care from undocumented aliens).
Assembly Governmental Efficiency and Consumer Protection Committee and Senate Business and Professions Committee, California Legislature, San Jose, California, September 12, 1990 (licensing of legal technicians).
Senate Judiciary Committee, California Legislature, June 26, 1990 (First Amendment implications of attempts to regulate the content of video games).
Senate Judiciary Committee, California Legislature, May 22, 1990 (First Amendment issues raised by proposed antitrust exemption for joint efforts by broadcasters to regulate violence in television programs).
Senate Judiciary Committee, California Legislature, May 23, 1989 (proposed modification of the remedies available to victims of defamation).
Assembly Committee on Public Safety, California Legislature, April 18, 1989 (proposed revisions of Public Records Act).
State Bar of California, San Francisco, California, January 10, 1989 (access to legal services and licensing of legal technicians).
Assembly Rules Committee, California Legislature, April 4, 1988 (separation of powers).
State Bar of California, Sacramento, California, October 11, 1987 (bar admission standards).
Other Professional Activities
Section on National Security Law, Association of American Law Schools (2004- ) (member of executive committee).
Accredited representative of NGO Union Internationale des Avocats to the election of judges of the International Criminal Court, United Nations, New York, New York (February 2003).
D.C. Bar Committee on the Model Rules of Professional Conduct (1983-1987) (member).
