107 Hinckley Street
Mankato, MN 56001
507.387.2440
JAMES E. ROBERTSON
Professor of Corrections
Department of Sociology & Corrections
Minnesota State University
113 Armstrong Hall
Mankato, MN 56001
Telephone
Fax
E-Mail
507.389.5601
507.389.5615
james.robertson@mnsu.edu
PROFESSIONAL EXPERIENCE
Professor of Corrections, Minnesota State University

First to be honored as Distinguished Professor in the College of Social and
Behavioral Sciences, Minnesota State University, October 2001 (academic rank
of tenured full professor since 1989).
“Presented [for]. . . extraordinary devotion to teaching and learning.”
Four-year (1997-2001) evaluation by college dean (Oct. 2001): “Your
accomplishments for the reporting period were excellent. . . .You are a
model of the teaching scholar.”
Four-year (1997-2001) chairperson’s evaluation (Oct. 2001):
“wonderful contributions to this department;” “You have become the
star of the department.”

Author of numerous publications addressing prison legal issues.
Recent publications in the Harvard Journal on Legislation, [University
of] North Carolina Law Review; and Journal of Criminal Law and
Criminology on prison law subjects. Individually authored some 42
published articles, an aggregate of 900+ printed pages.

Publicly recognized as prison law expert.
National Public Radio, Sept. 30 – Oct. 5, 2003, extensively 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.
ABC News - Minneapolis affiliate television station KSTP, Nov.13-14,
2002, interviewed about prison practices.
Harvard Law School, March 10, 2001, one of three persons invited by
Harvard Civil Rights-Civil Liberties Law Review to address impact of
Prison Litigation Reform Act.
Described in scholarly print as a “veteran observer of imprisonment.”
Jonathan Simon, Theoretical Criminology, vol. 4: 285, 286 (2000).
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Editor of Angolite, distinguished inmate newspaper of Angola prison in
Louisiana, praised my prison scholarship. Douglas Dennis, St. Louis
Law Univ. Public Law Review; vol. 14: 1, 12 (1994).

Editor-in-Chief
Criminal Law Bulletin (2002-present)
Responsible for selection and editing of feature articles for this
bi-monthly scholarly journal published by West Group (some 1000
printed pages annually).

Contributing Editor
Criminal Justice Review (2001-present)
Provide biannual review of prison law developments in the U.S. Circuit
Courts of Appeals.
Criminal Law Bulletin (2000-2002)
Provided commentary and full-length articles on prisoners’ rights.

Exceptional teaching evaluations.
Ratings consistently above 4.5 on 5-point scale in standardized,
anonymous student evaluations. E.g., for 1997-2001, “instructor’s
contribution to course” received average rating of 4.87 in correctional
law and 4.83 in penology courses; and “course as whole” received
average ratings of 4.76 in correction law and 4.7 in penology courses
Written assessment of my presentation at Harvard Law School in 2001
by Eve Cary, professor of law, Brooklyn Law School (March 21, 2001):
“As I told you at the time, my first reaction was, ‘This guy must be a
terrific teacher.’”

1999 Advisor Recognition Award, College of the Social and Behavioral Sciences.
Praised as “extraordinary, distinguished.”

As senior member of Corrections Program, oversaw significant growth.
From 1980 to 2000, number of corrections majors has tripled (from
approximately 90 to 270).
Oversaw hiring of the other six corrections professors.
Active in mentoring undergraduates, graduate students, and junior
faculty.

Graduate faculty membership.
Department offers Master of Sciences degree in corrections. First or
second reader on numerous thesis committees.

Extensive service on departmental, college, and university committees.
Service included: chairperson of university-wide tenure and promotion
committee; numerous terms on department’s personnel committee,
which oversees tenure and promotion recommendations.
Acting chairperson fall semester, 1998-99.
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Consultant

Consultant to California Public Defender, Capital Punishment Division, San
Francisco, California (2000 to present).
In re Lynch Will prepare appellate mitigation declaration in 2004.
In re Huges Prepared appellate mitigation declaration on effects of
imprisonment characterized by “institutional failure;” and 2) 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.

Pro Bono Consultations.
Managhan & Blueth, Mankato, Minnesota (inmate-on-inmate assault,
1999).
Center for Constitutional Rights, New York, New York (prison due
process issues, 1998).
Belden, Belden, Persin & Johnston, Greensburg, Pennsylvania (jail
suicide, cruel and unusual punishment issues, 1996).
Research Associate, 1975-79

Center for the Study of Law and Society, University of California, Berkeley, 1979.
Studied impact of state’s determinate sentencing law (resigned in Dec.
1979 to accept position at Minnesota State University).

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.
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
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, California (1977-79)
Taught criminal justice courses; received excellent peer and student
evaluations.
EDUCATION

Diploma in Law, Oxford University (Keble College), Oxford, England (1988).
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, 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.
 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.”

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
typically entails 3 years of full-time study.

Bachelor of Arts, Phi Beta Kappa, magna cum laude, University of Washington,
Seattle, Washington (1972).
Elected to Phi Beta Kappa (only 1% of college seniors achieve this
honor for high academic achievement in the liberal arts); and Phi Alpha
Theta (high academic achievement in the study of history); honors
thesis in history: “The Haymarket Trial and the Awakening of America.”
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PUBLICATIONS
Articles
James E. Robertson, “Separate But Equal” in Prison: Johnson v. California and Common
Sense Racism,” Journal of Criminal Law and Criminology, vol. 96 (2005-2006)
(forthcoming in 2006) (lead article)
James E. Robertson, “Prisoners and Freedom of Speech,” Encyclopedia of American Civil
Liberties (Paul Finkleman, ed. forthcoming in 2006).
James E. Robertson, “Prisoners and Free Exercise Clause Rights” Encyclopedia of American
Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).
James E. Robertson, “O’Lone v. Estate of Shabazz, 482 U.S. 342 (1987),” Encyclopedia of
American Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).
James E. Robertson, “Thornburgh v. Abbott, 490 U.S. 401 (1989),” Encyclopedia of American
Civil Liberties (Paul Finkleman, ed. forthcoming in 2006).
James E. Robertson, “Foreword: No Longer ‘An Unreal Dream’: Wrongful Convictions After the
DNA Revolution,” Criminal Law Bulletin, vol. 41:109-112 (2005).
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).
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.
2:527-562 (2004).
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).
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. 81:434-482 (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, “The Impact of the PLRA on ‘Over-Enforced’ Remedies,”
Correctional Law Reporter, vol. 13: 70-72 (2002).
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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: 475507 (2001).
James E. Robertson, “A Holistic Understanding of the Cruel and Unusual Punishment
Clause,” Correctional Law Reporter, vol. 13: 35, 44-48 (October/November
2001).
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: 105158 (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, “Sexual Harassment of Male Inmates: The Case for a New
Constitutional Tort,” Correctional Law Reporter, vol. 11, no. 6: 83-84, 96 (2000).
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).
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
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James E. Robertson, “Fight or F...’ and Constitutional Liberty: An Inmate’s Right to SelfDefense 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).
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. 26:246261 (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: 91143 (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 (1985-86).
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).
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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).
Book Reviews
Numerous reviews appearing in various journals.
E.g., Journal of Criminal Law and Criminology, American Political
Science Review, and Social Science Quarterly.
PRESENTATIONS
Numerous papers and presentations.
“Blocking the Courthouse Door” (Harvard Law School, 2001); and
earlier, at 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).
Select and edit feature articles; oversight of other sections of this scholarly
journal. Published six times a year by West Group.

Contributing Editor, Criminal Justice Review (2001-present).
Provide semi-annual article on prison law developments in the United
States Circuit Courts of Appeal.

Contributing Editor, Criminal Law Bulletin (bimonthly) (2000-2002).
Provide commentary and full-length articles on correctional law.

Board of Editors, Correctional Law Reporter (1999-present).

Publication referee, Deviant Behavior (1989-present).

Publication referee, Criminal Justice Policy Review (1986-present).
PROFESSIONAL MEMBERSHIPS
American Correctional Association
American Society of Criminology
Academy of Criminal Justice Sciences
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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
FredLaw97@aol.com

William Wagner
Dean, College of Social & Behavioral Sciences
113 Armstrong Hall
Minnesota State University
Mankato, MN 56001
(507) 389-1561
William.Wagner@mnsu.edu

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
Retrowelch@aol.com

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
larson@ospd.ca.gov
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