Tamara Rice Lave

Professor of Law

Ph.D., University of California, Berkeley
M.A., University of California, Berkeley
J.D., Stanford Law School
B.A., Haverford College

Phone: 305-284-1899
Office: G268

After graduating from Stanford Law School, Professor Lave was a deputy public defender for ten years in San Diego, California. As a P.D., she handled a variety of cases including possession of a spiny lobster out of season, torture, child molestation, rape, and murder. She also represented accused sexually violent predators in civil commitment hearings. Early in her career, Lave published a My Turn column in Newsweek magazine about being a beginning public defender. 

In 2005, Professor Lave left the public defender's office to start a doctoral program in Jurisprudence and Social Policy – an interdisciplinary law and society program – at the University of California, Berkeley. While there, she was a graduate student fellow at the Kadish Center for Morality, Law and Public Affairs. Her dissertation is entitled "Constructing and Controlling the Sexually Violent Predator: An American Obsession."

Lave teaches criminal law, criminal procedure, criminal procedure adjudication, and evidence. She cares deeply about teaching and was the 2016 Mary E. Doyle Leadership award from Miami Law Women, the law student division of the Florida Association for Women Lawyers.

Professor Lave’s primary areas of research are campus sexual misconduct, the punishment and control of sex offenders, and more recently, policing. She has published over twenty-three academic articles or book chapters, of which five are co-authored. She has also published three opinion pieces in the Huffington Post. Lave has been a peer reviewer for a number of journals including the Journal of Empirical Legal Studies, Law and Social Inquiry and the Yale Law Journal

In 2017, Lave co-sponsored an AALS panel #BlackLivesMatter: Balancing Security with Dignity in American Policing. She is currently co-editing a book on policing with Eric Miller, The Challenge of Policing In America: Security, Dignity, Democracy (Cambridge University Press, 2018).

Lave was the Reporter for the American Bar Association Criminal Justice Section (ABACJS) Task Force on Campus Due Process and Victim Protections. In June 2017, the Task Force reached consensus on a broad set of recommendations that were unanimously endorsed for publication by the ABACJS.   Lave has presented her work on campus sexual assault at several conferences, and she co-sponsored a 2016 AALS Hot Button panel, “Grappling with Campus Rape”, which the Weekly Standard described as “A real dialogue for a change.” Professor Lave has also been an advisor to several University of Miami students in Title IX adjudications. 

Outside of the classroom, Professor Lave is an avid runner. She had the honor of representing the United States in the marathon at the 2003 Track and Field World Championships in Paris, France. From 2008-2011, she was a regular columnist at Running Times magazine.

 Publications

A Critical Look at how Private Universities Adjudicate Rape, 71 University of Miami Law Review 50 (2017).

Use of Defendant’s Uncharged Acts to Prove Mens Rea, Uncharged Misconduct Evidence (rev. 2017), with Tamara Lave, (2017).

Campus Sexual Assault Adjudication: Why Universities Should Reject the Dear Colleague Letter, 64 Kansas Law Review 47 (2016).

The Prosecutor's Duty to the Imperfect Rape Victim, 49 Texas Tech Law Review 30 (2016).

Ready, Fire, Aim: How Universities Are Failing the Constitution in Sexual Assault Cases, 48 Arizona State Law Journal 65 (2016).

Drugs, Crime, and Prisons in Guatemala, Prisons in the Americans in the Twenty First Century: Human Dumping Ground (2015).

Elected Leader or Sun King? The Supreme Court Decides whether the President is above the Law in United States v Nixon, Cases That Changed Our Lives (2014).

Shoot to Kill: A Critical Look at Stand Your Ground Laws, U. Miami Law Review (2013).

Protecting Elites: An Alternative Take on how United States v Jones Fits into the Court's Technology Jurisprudence,, North Carolina Journal of Law and Technology (2013).

Do Sexually Violent Predator Laws Violate Double Jeopardy and Substantive Due Process: An Empirical Inquiry, 78 Brooklyn Law Review (2013).

Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes, with Aviva Orenstein, 81 University of Cincinnati Law Review (2013).

Throwing Away the Key: Has the Adam Walsh Act Lowered the Threshold for Sexually Violent Predator Commitments Too Far?, 14 University of Pennsylvania Journal of Constitutional Law (2011).

Thinking Critically About How To Address Violence Against Women, 65 Miami Law Review (2011).

Controlling Sexually Violent Predators: Continued Incarceration at what Cost?, 14.2 New Criminal Law Review (2011).

Inevitable Recidivism - The Birth and Centrality of an Urban Legend, International Journal of Law and Psychiatry (2011).

Only Yesterday: The Rise and Fall of Twentieth Century Sexual Psychopath Laws, 69 Louisiana Law Review (2009).

Breaking the Cycle of Despair: Street Children in Guatemala City, 27 Columbia Journal of Human Rights (1995).

A Nation at Prayer, A Nation in Hate: Apartheid in South Africa, 30 Stanford Journal of International Law (1994).

Revising Axis V for DSM-IV: A Review of Measures of Social Functioning, with Andrew Skodol, 149 American Journal of Psychiatry (1992).

Public Perception of the Risks of Floods: Implications for Communication, with Lester Lave, 11 Risk Analysis (1991).

Sexually Violent Predators, Encyclopedia of Women and Crime.

Effective Use of An Expert in Sexually Violent Predator Commitment Hearings, Sexually Violent Predators: A Clinical Science Handbook.

Assessing the Real Danger of Sexually Violent Predators: Doctor Padilla's Dangerous Data, with Franklin Zimring, American Criminal Law Review.

Sexually Violent Predators, Wiley-Blackwell Encyclopedia of Women and Crime.

Effective Use of An Expert in Sexually Violent Predator Commitment Hearings, Sexually Violent Predators: A Clinical Science Handbook.

Assessing the Real Danger of Sexually Violent Predators: Doctor Padilla's Dangerous Data, with Franklin Zimring, American Criminal Law Review.

 Media Appearances

"After the Verdict: a WLRN Special Report" on WLRN 2013

"Civil Case Against Zimmerman In Florida Has Little Chance Of Success"... in BuzzFeed Politics 2013

"Civil-rights leaders call on Justice Department to act" in The Miami Herald 2013

"Feds Weigh Charging Zimmerman in Killing" in The Wall Street Journal, on New England Public Radio 2013

"Florida's 'stand your ground' law in spotlight after trial" on MSN News 2013

"In Zimmerman Case, Self-Defense Was Hard to Topple" in The New York Times 2013

"No prison for mother of Cristian Fernandez" in The Florida Times-Union 2013

"Stand Your Ground And The Zimmerman Defense" on Media Matters for America 2013

"The Next Three Trials of George Zimmerman" in The Atlantic Wire 2013

Stand Your Ground Laws Under Scrutiny Post-Zimmerman Verdict" on GPB News, on NPR 2013

Phone: 305-284-1899
Office: G268
Faculty Assistant

Sutton, Tina

Phone: (305)284-4241
Office: G287