J.D., 1978 B.A., Psychology, 1974

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1 Curriculum Vitae LINDA E. CARTER Professor of Law Co-Director, Global Center University of the Pacific, McGeorge School of Law 3200 Fifth Avenue, Sacramento, CA (+1) 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 Director, Law and Development Practicum, Kampala Uganda, May 19-June 8, 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 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 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 Panelist, Imagining the Future of the ICC at International Criminal Court at Ten conference, Washington University, St. Louis, Missouri, November Taught International Criminal Law in the Southwestern Law School summer program, Vancouver, B.C., Canada, June Panelist, International Judicial Trials, Truth Commissions, and Gacaca: Developing a Framework for Transitional Justice from the Experiences in Sierra Leone and Rwanda, conference on Assessing the Contributions and Legacy of the Special Court for Sierra Leone to Africa and International Criminal Justice, University of Pittsburgh School of Law, April Panelist, conference on The Evolution of Justice Kennedy s Jurisprudence, Pacific McGeorge School of Law, April Recent Publications: INTERNATIONAL CRIMINAL PROCEDURE: THE INTERFACE OF CIVIL LAW AND COMMON LAW LEGAL SYSTEMS (Edward Elgar 2013) (with F. Pocar, eds.). The Evolution of Justice Kennedy s Eighth Amendment Jurisprudence on Categorical Bars in Capital Cases, 44 McGeorge Law Review 229 (2013).

2 2 UNDERSTANDING CAPITAL PUNISHMENT LAW (3 rd edition, LexisNexis 2012) (with E. Kreitzberg and S. Howe). Torture and the War on Terror: The Need for Consistent Definitions and Remedies, 6 Journal of National Security Law and Policy 291 (2012). The International Criminal Court in 2021, 18 Southwestern Law School Journal of International Law 199 (2011). GLOBAL ISSUES IN CRIMINAL PROCEDURE (Thomson/West 2011) (with C. Blakesley and P. Henning). 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 HONOUR OF NAVANETHEM PILLAY (Martinus Nijhoff 2010). 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). Proposal for 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. EDUCATION University of Utah College of Law University of Illinois Salt Lake City, Utah Champaign-Urbana, Illinois J.D., 1978 B.A., Psychology, 1974 Honors and Activities: Order of the Coif Associate Editor, UTAH LAW REVIEW EMPLOYMENT June 1985 to Present Professor of Law (1991-present) Co-Director, Global Center for Business and Development (present) Director, Legal Infrastructure and International Justice Institute ( ) Director, Criminal Justice Concentration ( ; ) Associate Professor ( )

3 3 Employment continued Assistant Professor ( ) 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 Legal Systems. Spring 2012 Fall 2008 Visiting Professor Visiting Professor University of Nevada, Las Vegas Louisiana State University Law Center Boyd School of Law Baton Rouge, Louisiana Las Vegas, Nevada Criminal Law and International Criminal Law and Capital Punishment Law Capital Punishment Law Summer 1990 Spring Semester 1985 Visiting Professor Adjunct Professor University of Utah College of Law University of Utah Salt Lake City, Utah College of Law Advanced Criminal Procedure Salt Lake City, Utah 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.

4 4 AWARDS 2013 Distinguished Professor, University of the Pacific, McGeorge School of Law 2011 University of the Pacific Podesto Award 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 Carter and Fausto Pocar, eds., INTERNATIONAL CRIMINAL PROCEDURE: THE INTERFACE OF CIVIL LAW AND COMMON LAW LEGAL SYSTEMS (Edward Elgar 2013)., The Evolution of Justice Kennedy s Eighth Amendment Jurisprudence on Categorical Bars in Capital Cases, 44 McGeorge Law Review 229 (2013)., Ellen Kreitzberg, and Scott M. Howe, UNDERSTANDING CAPITAL PUNISHMENT LAW (3 rd edition, LexisNexis 2012)., Torture and the War on Terror: The Need for Consistent Definitions and Remedies, 6 Journal of National Security Law and Policy 291 (2012)., 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).

5 5, 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 HONOUR OF NAVANETHEM PILLAY (Martinus Nijhoff 2010)., 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, Clemency in California Capital Cases, 14 Berkeley J. of Crim. L. 37 (2009)., 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), available at 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)., Ellen Kreitzberg, and Scott M. Howe, UNDERSTANDING CAPITAL PUNISHMENT LAW (2 nd ed., LexisNexis 2008)., Justice and Reconciliation on Trial: Gacaca Trials in Rwanda, 14 N.E. J. Int l & Comp. L. 41 (2007)., Christopher L. Blakesley, and Peter J. Henning, GLOBAL ISSUES IN CRIMINAL LAW (Thomson/West 2007). Ellen Kreitzberg and, 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)., 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)., Performance and Application in Small Groups, in Steven Friedland & Gerald F. Hess, Teaching the Law School Curriculum (Carolina Academic Press 2004).

6 6 and Ellen Kreitzberg, UNDERSTANDING CAPITAL PUNISHMENT LAW (LexisNexis 2004)., 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)., 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)., 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. 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, Representing Foreign Nationals: The Emerging Importance of the Vienna Convention on Consular Relations as a Defense Tool, 22- Sept./Oct. THE CHAMPION 28 (1998)., Intermediate Scrutiny Under Fire: Will Plyler Survive State Legislation to Exclude Undocumented Children from School? 31 UNIV. SAN FRAN. L. REV. 345 (1997)., Harmless Error in the Penalty Phase of a Capital Case: A Doctrine Misunderstood and Misapplied, 28 GA. L. REV. 125 (1993)., Admitting Matters of Mind, THE RECORDER, September 2, 1992., Beyond a Reasonable Doubt in Death Penalty Proceedings: The Neglected Element of Fairness, 52 OHIO ST. L.J. 195 (1991)., 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 (1989). John E. B. Myers, and, Proof of Physical Child Abuse, 53 MO. L. REV. 1 (1988).

7 7, 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 Co-Director (with Richard Goldstone), Brandeis Institute for International Judges, The International Rule of Law in a Human Rights Era, Lund, Sweden, July Director, Law and Development Practicum, Kampala Uganda, May 19-June 8, 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 Coached students for Pace University International Criminal Court moot court competition, February 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 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 Panelist, Imagining the Future of the ICC at International Criminal Court at Ten conference, Washington University, St. Louis, Missouri, November 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 Co-director (with Richard Goldstone), Brandeis Institute for International Judges, Carmona, The International Rule of Law: Coordination and Collaboration in Global Justice, Carmona, Spain, January 2012.

8 8 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 Taught International Criminal Law in the Southwestern Law School summer program, Vancouver, B.C., Canada, June Co-organizer and participant, Workshop, Intercultural Legal Competence, Pacific McGeorge School of Law Global Center, Lake Tahoe, California, August Taught International Criminal Law in the Southwestern Law School summer program, Vancouver, B.C., Canada, June Organizer and moderator, Symposium, The Impact and Implementation of Human Rights Norms, Pacific McGeorge School of Law, March Coached Pace/ICLN International Criminal Court Moot Court Team in regional competition at Pace University, New York (January 2011), and in final competition in The Hague, The Netherlands (April 2011). Supervised student research on pretrial detention issues under the laws of Vietnam and Uganda for International Bridges to Justice, Spring Semester Panelist, Defence at International Criminal Tribunals, International Bar Association conference, Vancouver, B.C., Canada, October Panelist, The International Criminal Court in 2021, conference on International Law in 2021, Southwestern Law School, Los Angeles, California, February 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 Taught American criminal procedure in the Masters II program at the l Université Paul Cézanne, Aix-en-Provence, France, November-December Co-Director (with Richard Goldstone), Brandeis Institute for International Judges, Towards an International Rule of Law, Salzburg, Austria, July Taught International Criminal Law in the Pacific McGeorge summer program in Salzburg, Austria, July 2010.

9 9 Moderator, The Blending of Civil and Common Law Traditions: The Pioneering Role of the Italian Criminal Justice System and the Development of International Criminal Courts, Inaugural Series Event, Pacific McGeorge School of Law, April Moderator, Ethics for Judges and Tribunals: An International Perspective, Judicial Ethics and Accountability: At Home and Abroad, Pacific McGeorge School of Law, April 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 Guest lecturer, Torture and the War on Terror: The Need for Consistent Definitions and Remedies, Scuola di Dottorato in Scienze Giuridiche Dottorato in Diritto internazionale, Università degli Studi di Milano, Milan, Italy, March Coached students for Pace University International Criminal Court moot court competition, January Guest Speaker, 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, Laboratoire d Études Juridiques et Politiques (LEJPO), University Cheikh Anta Diop, Dakar, Senegal, May 2, Taught International Criminal Law at Cheikh Anta Diop University, Dakar, Senegal, April-May Panelist, Complementarity and the International Criminal Court, Symposium on the Future of International Criminal Justice, Santa Clara University School of Law, March Moderator for Piracy Off the Coast of Somalia: Challenges to Deterrence, Pursuit, and Prosecution, ASIL-West program at Pacific McGeorge School of Law, Sacramento, March Co-Director of the Brandeis Institute for International Judges, International Justice: Past, Present, and Future, Port of Spain, Trinidad, January Co-moderator for session on International Criminal Justice in a Human Rights Era. 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.

10 10 Participant, The Public/Private Law Divide in International Law, University of Nevada, Las Vegas, September 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 Panelist on The Decision of the United States Supreme Court in the Medellin Case (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 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 Co-Director of the Brandeis Institute for International Judges, Independence and Interdependence: The Delicate Balance of International Justice, Bretton Woods, New Hampshire, July Legal Researcher, International Criminal Tribunal for Rwanda, Arusha, Tanzania, May- June Visiting Professional in Chambers, International Criminal Court, The Hague, The Netherlands, January-March Lecture, Justice and Reconciliation on Trial: Gacaca Proceedings in Rwanda, Appeals Chamber, International Criminal Court, The Hague, The Netherlands, March Panelist, Justice in Africa: The Interrelationship of Local, National, and International Responses in Rwanda, African Studies Association conference, San Francisco, California, November 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 Panelist at ASIL Conference, Globalizing the Law School Curriculum, April 2006, Washington, DC.

11 11 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 Co-Director, Brandeis Institute for International Judges, Dakar, Senegal, January 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 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 Workshop on International Issues in Death Penalty Cases, California Appellate Project, San Francisco, November Lecture and Workshop, The Defense Function in the Upcoming Khmer Rouge Tribunal, Documentation Center of Cambodia, Phnom Penh, Cambodia, August Moderator for the Criminal Law workshop at the Tahoe Globalizing the Law School Curriculum conference, August Research on Gacaca trials in Rwanda, July Moderator of discussion of film on war crimes against women, Calling the Ghosts, community forum in Sacramento, California, Moderator, California s Death Penalty: Separating Fact from Fiction, American Constitution Society, University of the Pacific, McGeorge School of Law, March Speaker, International Law and the Death Penalty, School of International Studies, University of the Pacific, Stockton, California, March Panelist, Application of International Treaty Rights and Customary International Law in Capital Cases, Second World Congress Against the Death Penalty, Montreal, Canada, October 2004.

12 12 Commentator, Prosecuting and Defending War Crimes in International Tribunals: Is Justice Being Served?, McGeorge School of Law, September 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 Rapporteur, Brandeis Institute for International Judges, Salzburg, Austria, June Speaker, Mexico v. United States in the International Court of Justice, Sacramento Chapter of the United Nations Association, February Speaker/Commentator, Debate, Discussion & Decision: Can a Military Tribunal Protect the Rights of the Guantanamo Bay Detainees?, McGeorge School of Law, February Rapporteur, Brandeis Institute for International Judges, Salzburg, Austria, July Commentator on presentation by Dr. Elizabeth Loftus on Witness Memory, McGeorge School of Law, March 26, 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, Presentation on The Trial Advocacy Model of Mastery and Feedback in a Substantive Course, McGeorge School of Law, April Moderator, Conference on Leadership Issues in Criminal Justice Policy, University of the Pacific, McGeorge School of Law, June 5, 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 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 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.

13 13 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, Presentations on Criminal Procedure, Harmless Error, and Representing Foreign Nationals for the Capital Appellate Advocacy Program, October 1999 and July Presentation to the McGeorge faculty (with John Sims) on Of Foreigners and Federalism, Sacramento, California, Moderator for panel discussion, The Death Penalty from Trial to Execution: A Timely Process?, sponsored by the McGeorge Criminal Law Forum, April Participant in the Anthony M. Kennedy Inn of Court, September Drafted questions on Criminal Law for the Michigan Bar, November 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 Panelist, Proposition 187: Its Implications for Regional Immigration Policy, Conference of Western Alliance of Farmworker Advocates, Sacramento, October Moderator, Proposition 187: Illegal Aliens, sponsored by the Women Democrats of Sacramento County and the McGeorge Democrat Club, Sacramento, August The program was also shown on television.