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 mentoring students. She is the 2018 recipient of the Hausler Golden Apple Award, given to the faculty member contributing the most to the student body both academically and through her extracurricular activities. In 2016, she received the 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 Society Review, 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 Cambridge Handbook on Policing in the United States (Cambridge University Press, 2019).

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

Assessing the Real Risk of Sexually Violent Predators: Doctor Padilla's Dangerous Data, with Franklin Zimring, 55 American Criminal Law Review 705-787 (2018).

A Critical Look at How Top Colleges and Universities Are Adjudicating Rape, 71 U. Miami L. Rev. 377 (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 U. Kan. L. Rev. 915 (2016).

The Prosecutor's Duty to "Imperfect" Rape Victims, 49 Tex. Tech L. Rev. 219 (2016).

Ready, Fire, Aim: How Universities Are Failing the Constitution in Sexual Assault Cases, 48 Ariz. St. L.J. 637 (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, 67 U. Miami L. Rev. 827 (2013).

Protecting Elites: An Alternative Take on How "United States v. Jones" Fits into the Court's Technology Jurisprudence, 14 N.C. J.L. & Tech. 461 (2013).

Do Sexually Violent Predator Laws Violate Double Jeopardy or Substantive Due Process? An Empirical Inquiry, with Justin McCrary, 78 Brook. L. Rev. 1391 (2013).

Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes, with Aviva Orenstein, 81 U. Cin. L. Rev. 795 (2013).

Throwing Away the Key: Has the Adam Walsh Act Lowered the Threshold for Sexually Violent Predator Commitments Too Far?, 14 U. Pa. J. Const. L. 391 (2011).

Thinking Critically About How to Address Violence Against Women, 65 U. Miami L. Rev. 923 (2011).

Controlling Sexually Violent Predators: Continued Incarceration at What Cost?, 14 New Crim. L. Rev. 213 (2011).

Inevitable Recidivism—The Origin and Centrality of an Urban Legend, 34 Int'l J. L. & Psychiatry 186 (2011).

Only Yesterday: The Rise and Fall of Twentieth Century Sexual Psychopath Laws, 69 La. L. Rev. 549 (2009).

Breaking the Cycle of Despair: Street Children in Guatemala City, 27 Colum. Hum. Rts. L. Rev. 57 (1995).

A Nation at Prayer, a Nation in Hate: Apartheid in South Africa, 30 Stan. J. Int'l L. 483 (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, 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.

 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