As of August 2018
I conduct research primarily in the broad areas of international and domestic criminal law and procedure, with a particular emphasis on the concept of “due process.” For example, in a forthcoming University of Arkansas Law Review article entitled Protecting Due Process During Terrorism Adjudications, I explore international criminal law and procedure, relying on both my legal training and my criminal justice training. Specifically, in the forthcoming article, I contend that terrorism seeks to victimize the entire country in which the attacks occurred. As such, everyone in a target country can be considered a primary or secondary victim (including: prosecutors, judges, and jurors), thus venue cannot be properly maintained within the confines of due process in the targeted country. Instead, to effectuate the fundamental human right of due process of law, venue and jurisdiction for alleged acts of terrorism should properly lie with an independent international adjudicatory body such as the International Criminal Court.
To date, I have published an undergraduate/graduate-level textbook: American Courts which introduces students to: the law and jurisdiction of American courts; the “courtroom workgroup"; and, to a much greater extent, due process (additional information about the book is available at https://he.kendallhunt.com/product/american-courts). In addition, I presently have a book proposal (Law & Society) under review. In this book, I hope to write a non-anthological examination of law tracing the philosophical and societal development of American law from pre-recorded history (i.e. “the state of nature”) to its modern-day existence and application – especially as it pertains to the development of criminal law and procedure.
Beyond my book(s), I have two published law review articles, one soon-to-be published law review article, and one soon-to-be published anthology chapter that, taken together, explore vastly different areas of the law, yet, to some degree, implicate the broader concept of “due process”:
- An Analysis of Lockean Philosophy in the Historical and Modern Context of the Jurisdictional Restraints Imposed by the Rome Statute of the International Criminal Court, in PHILOSOPHICAL FOUNDATIONS OF INTERNATIONAL CRIMINAL LAW: CORRELATING THINKER (Morten Bergsmo, ed., forthcoming December 2018).
- Protecting Due Process During Terrorism Adjudications: Redefining “Crimes Against Humanity” and Eliminating the Doctrine of Complimentary Jurisdiction in Favor of the International Criminal Court, 71(3) Ark. L. Rev. __ (2018) (forthcoming December 2018).
- AMERICAN COURTS (1st Ed., KendallHunt, 2018) (ISBN: 978-1-5249-1410-3), available at: https://he.kendallhunt.com/product/american-courts
- Playing the Odds: The Realities of State-by-State Suitability Determinations and the Need for Federal Regulation, 8(2) UNLV Gaming L.J. 79 (2018) available at: https://scholars.law.unlv.edu/glj/vol8/iss2/2
- Rethinking Ingram: The Need for Extensive Due Process Protections Predicating the Administration of Corporal Punishment, 2015(3) Bearing Witness: J. Soc. Resp., 52 available at: https://www.suffolk.edu/documents/BearingWitness/volumeThree/files/assets/basic-html/page-52.html
My present undertaking, Standing on Principle, is much more in line with my interest in domestic criminal procedure. Specifically, I am studying the almost universal prohibition of “target standing” under the exclusionary rule. My research seeks to uncover the early-English common law roots of the exclusionary rule, its relationship to target/third party standing, and its modern day disfavor. Ultimately, if the research permits, I hope to challenge the prohibition of “target standing” as a matter of public policy in response to law enforcement’s misuse or overuse of the doctrine.
Thus far, my research has primarily focused on textual analysis and/or sound public policy based upon case law and statutory analysis. Looking towards the future, in addition to my book (Law & Society) and my current research undertakings on (1) “target standing,” (2) immigrant litigation rights, (3) environmental/constitutional rights, and (4) animal standing rights, I hope to incorporate more social science research techniques and data into future projects. Specifically, in line with my interest in criminal law, in the future, I will study the group mentality/“group think” of rioters in relation to, or even negating, mens rea for crimes committed during a riot, domestic and/or abroad. Absent the existence of a dataset on-point, I plan to create my own a dataset based upon police records, media reports, and interviews. This data will then be supplemented with a meta-analysis of existing psychological research on group mentality/“group think” as well as a historical and modern legal analysis of the subject.
In summation, while I have and will continue to conduct research in the broad areas of international and domestic criminal law and procedure - with some exceptions - my overarching goal is to discover and shed light upon any perceived inequities under the law or its application, so as to effectuate the fundamental right of due process. This is the trajectory in which I see my research headed for the near and distant future.