James J. Tomkovicz
Visiting Professor of Law
B.A., Psychology, summa cum laude, 1973, University of Southern California; J.D., 1976, University of California, Los Angeles; Phi Beta Kappa; Order of the Coif; Member, California State Bar
Phone: (213) 738-6803
James Tomkovicz, the Edward Howrey Professor at the University of Iowa College of Law, is a leading scholar in criminal law and criminal procedure and will teach courses in these areas at Southwestern during the 2013-14 academic year.
A member of the full-time faculty at Iowa since 1981, Professor Tomkovicz has taught Criminal Law, Criminal Procedure: Investigation, Criminal Procedure: Adjudication, and Evidence. He has served as a visiting professor at the law schools of UCLA, USC, Pepperdine, University of San Diego, and University of Michigan, Ann Arbor.
Professor Tomkovicz finds teaching criminal law particularly satisfying. "There is no more vital area of law than the criminal law," he explains. "All of the criminal law and procedure courses I teach are exciting to students because of what is at stake - freedom, privacy, liberty, public safety and order. The competing values and interests that dictate the balances we strike in these areas could not be more critical to the lives of every member of our society."
"All of the criminal law and procedure courses I teach are exciting to students because of what is at stake - freedom, privacy, liberty, public safety and order."
Early in his career, Professor Tomkovicz was an attorney with the Appellate Section of the Land and Natural Resources Division of the Department of Justice in Washington, DC. He also served as a law clerk to Hon. Edward J. Schwartz, Chief Judge of the U.S. District Court for the Southern District of California, and as law clerk to Hon. John M. Ferren, Associate Judge of the District of Columbia Court of Appeals.
Professor Tomkovicz is the co-author of the casebook Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, 7th edition (2013). His book, Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order (Oxford University Press, 2011), provides an in-depth analysis of the seven constitutional bases for excluding evidence of guilt from criminal trials. He has written articles related to criminal procedure and criminal law for numerous law reviews including those of Hastings, Lewis and Clark, University of Illinois, University of Iowa, University of Mississippi, Washington and Lee and Yale, among others. He has also written six amicus curiae briefs in U.S. Supreme Court cases for the American Civil Liberties Union and the National Association of Criminal Defense Lawyers.
Books and Chapters
CRIMINAL PROCEDURE: CONSTITUTIONAL CONSTRAINTS UPON INVESTIGATION AND PROOF, 7th edition and Teacher's Manual (with W. White; Matthew Bender, 2013)
CONSTITUTIONAL EXCLUSION: THE RULES, RIGHTS, AND REMEDIES THAT STRIKE THE BALANCE BETWEEN FREEDOM AND ORDER (Oxford University Press, 2011)
THE RIGHT TO THE ASSISTANCE OF COUNSEL: A REFERENCE GUIDE TO THE UNITED STATES CONSTITUTION (Greenwood Press, 2002)
Gideon v. Wainwright in THE ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, five volumes (Macmillan Reference USA, 2008)
Against the Tide: Rehnquist's Efforts to Curtail Expansion of the Right to Counsel in THE REHNQUIST LEGACY (C. Bradley, ed.; Cambridge University Press, 2006)
Rehnquist's Fourth: A Portrait of the Justice As a Law and Order Man, MISSISSIPPI LAW JOURNAL (forthcoming 2012)
Twenty-Five Years of Batson: An Introduction to Equal Protection Regulation of Peremptory Jury Challenges, 97 IOWA LAW REVIEW 1393 (2012)
Sacrificing Massiah: Confusion Over Exclusion and Erosion of the Right to Counsel, 16 LEWIS & CLARK LAW REVIEW 1 (2012)
Davis v. United States: The Exclusion Revolution Continues, 9 OHIO STATE JOURNAL OF CRIMINAL LAW 381 (2011)
Hudson v. Michigan and the Future of Fourth Amendment Exclusion, 93 IOWA LAW REVIEW 1820 (2008)
Divining and Designing the Future of the Search Incident to Arrest Doctrine: Avoiding Instability, Irrationality, and Infidelity, 2007 ILLINOIS LAW REVIEW 1417 (2007)
Saving Massiah From Elstad: The Admissibility of Successive Confessions Following A Deprivation of Counsel, 15 WILLIAM & MARY BILL OF RIGHTS JOURNAL 711 (2007)
Reaffirming the Right to Pretrial Assistance: The Surprising Little Case of Fellers v. United States, 15 WILLIAM & MARY BILL OF RIGHTS JOURNAL 501 (2006)
Welsh White: A Farewell Tribute To A Generous Spirit, 4 OHIO STATE JOURNAL OF CRIMINAL LAW 19 (2006)
Technology and the Threshold of the Fourth Amendment: A Tale of Two Futures, 72 MISSISSIPPI LAW JOURNAL 317 (2002)
The Endurance of the Felony-Murder Rule: A Study of the Forces that Shape Our Criminal Law, 51 WASHINGTON AND LEE LAW REVIEW 1429 (1994)
On Teaching Rape: Reasons, Risks, and Rewards, 102 YALE LAW JOURNAL 481 (1992)
California v. Acevedo: The Walls Close in on the Warrant Requirement, 29 AMERICAN CRIMINAL LAW REVIEW 1103 (1992)
The Truth About Massiah, 23 UNIVERSITY OF MICHIGAN JOURNAL OF LAW REFORM 641 (1990)