Southwestern Law School Los Angeles, CA
 

Faculty Profile

Mark Cammack

Mark Cammack

Professor of Law

B.A., magna cum laude, Asian Studies, 1979, Brigham Young University; University Fellow, South Asian Studies, 1980-81, and J.D., cum laude, 1983, University of Wisconsin; Fulbright Fellow, 1984-85, Jakarta, Indonesia; Order of the Coif; Member, New York, Utah and Wisconsin State Bars

Courses    Publications

Email:
Phone: (213) 738-6779
Office: BW403

Mark Cammack entered law teaching in order to pursue his interest in comparative law and the Indonesian legal system. He became interested in Indonesia and learned to speak Indonesian after living in the country for two years during college. He went on to study both law and Southeast Asian history as a University Fellow in the Department of South Asian Studies at the University of Wisconsin. Upon graduation from law school, he accepted a clerkship with Justice Roland Day of the Wisconsin Supreme Court. Professor Cammack then applied for and received a Fulbright grant, and spent the next year in Indonesia conducting field research on the country's Islamic court system. The results of this research were later published in the International and Comparative Law Quarterly.

"By studying the laws of other countries, we can see that our own laws and legal institutions are neither universal nor inevitable."

Upon returning to the United States, Professor Cammack practiced law for three years as an assistant district attorney in New York City. He left the D.A.'s office in 1988 to teach legal research and writing at Columbia Law School. In 1990, Professor Cammack joined the faculty at Southwestern and enjoys showing his students that "by studying the laws of other countries, we can see that our own laws and legal institutions are neither universal nor inevitable." He was named as the Irwin R. Buchalter Professor of Law in 2001.

An interest in judicial institutions and procedure forms a common thread in all of Professor Cammack's scholarship. He has taught and written about the American jury and the procedural rules in U.S. criminal trials. His research on Indonesia has focused on the modernization of the country's Islamic judiciary and the effect of these institutional changes on substantive law. Professor Cammack has also participated in several collaborative studies that have used survey data to evaluate the impact of state family law policies on underage marriage, divorce, and contraceptive use.

Professor Cammack is frequently called on for his expertise on the Indonesian legal system. In 2002 he was chosen by the United Nations to monitor the trials of Indonesian military, police and civilian officials charged with human rights crimes committed in East Timor following the vote for independence in 1999. He has served as an expert witness on matters related to Indonesian law, and is currently an affiliated faculty member at the Asian Law Center at the University of Washington where he advises Ph.D. students writing about Indonesia.

Publications

Books and Chapters

ISLAMIC LAW IN CONTEMPORARY INDONESIA: IDEAS AND INSTITUTIONS (with R. M. Feener, Harvard University Press, 2007)

ADVANCED CRIMINAL PROCEDURE IN A NUTSHELL, 2nd ed. (with N. Garland, West, 2006)

ADVANCED CRIMINAL PROCEDURE IN A NUTSHELL, 1st ed. (with N. Garland, West, 2001)

Indonesia's Human Rights Court, in NEW COURTS IN ASIA (Routledge, 2010)

Legal Aspects of Muslim-Non-Muslim Marriage in Indonesia, in MUSLIM-NON-MUSLIM MARRIAGE: POLITICAL AND CULTURAL CONTESTATIONS IN SOUTHEAST ASIA (G. Jones, C. Leng and M. Mohamad, eds; Singapore: Institute for Southeast Asian Studies, 2009)

Islamic Inheritance, in ENCYCLOPEDIA OF LAW AND SOCIETY: AMERICAN AND GLOBAL PERSPECTIVES (David S. Clark, ed., Sage Publications, 2007)

Joint Marital Property in Indonesian Customary, Islamic, and National Law, in THE LAW APPLIED: CONTEXTUALIZING THE ISLAMIC SHARI'A (with M. Feener, Ruud Peters et al., eds., I.B. Tauris, 2007)

Islam and Nationalism in Indonesia: Forging an Indonesian Madhhab, in THE ISLAMIC SCHOOL OF LAW: EVOLUTION, DEVOLUTION, AND PROGRESS (Peri Bearman et al., eds., Harvard University Press, 2006)

The Articulation of Women's Legal Rights in Southeast Asia, in ENCYCLOPEDIA OF WOMEN AND ISLAMIC CULTURES (Suad Joseph, ed., Brill Academic Publishers, 2005)

The State, Religion, and the Family in Indonesia: The Case of Divorce Reform, in FAMILY, RELIGION AND SOCIAL CHANGE IN DIVERSE SOCIETIES (S. Houseknecht & J. Pankhurst, eds., Oxford University Press, 1999) (with T. Heaton and L. Young)

Articles

The Islamic Legal System in Indonesia, 21 PACIFIC RIM LAW AND POLICY JOURNAL 13 (with R. Feener; 2012)

Explaining the Recent Upturn in Divorce in Indonesia: Developmental Idealism and the Effect of Political Change, 39 ASIAN JOURNAL OF SOCIAL SCIENCE 776 (with T. Heaton; 2011)

The Rise and Fall of the Constitutional Exclusionary Rule in the United States, 58 THE AMERICAN JOURNAL OF COMPARATIVE LAW SUPPLEMENT 631 (2010)

'Discovering' Islamic Law, 88 INDONESIA 165 (2009)

Marital Property in California and Indonesia: Community Property and Harta Bersama, 64 WASHINGTON AND LEE LAW REVIEW 1417 (2008) (invited symposium contribution)

Admissibility of Evidence to Prove Undisputed Facts: A Comparison of California Evidence Code Section 210 and Federal Rule of Evidence 401, 36 SOUTHWESTERN UNIVERSITY LAW REVIEW 879 (2008)

Book Review of NOORHAIDI HASAN, LASKAR JIHAD: ISLAM MILITANCY, AND THE QUEST FOR IDENTITY IN POST-NEW ORDER INDONESIA, 15 ISLAMIC LAW AND SOCIETY 420 (2008)

Changing Indonesia's Constitution: A Review Essay, 81 INDONESIA 151 (2006)

Book Review of JOHN BOWEN, ISLAM, LAW AND EQUALITY IN INDONESIA, 13 ISLAMIC LAW AND SOCIETY 414 (2006)

Regional Variation in Acceptance of Indonesia's Family Planning Program, 20 POPULATION RESEARCH AND POLICY REVIEW 565 (2002) (with T. Heaton)

Islamic Inheritance Law in Indonesia: The Influence of Hazairin's Theory of Bilateral Inheritance, 4 THE AUSTRALIAN JOURNAL OF ASIAN LAW 295 (2002) reprinted in INDONESIA: LAW AND SOCIETY, 2D EDITION (T. Lindsey, ed., The Federation Press, 2008)

Why is the Divorce Rate Declining in Indonesia? 63 JOURNAL OF MARRIAGE AND THE FAMILY 480 (May 2001) (with T. Heaton and L. Young)

Inching Toward Equality: Recent Developments in Indonesian Inheritance Law, 5 INDONESIAN LAW & ADMINISTRATIVE REVIEW 19 (1999) reprinted in 22 DOSSIER 1 (2000)

Book Review of JOHN WOODIWISS, GLOBALIZATION, HUMAN RIIGHTS AND LOUBOUR LAW IN PACIFIC ASIA 72 PACIFIC AFFAIRS 411 (1999)

Book Review of TIM LINDSEY, INDONESIA: LAW AND SOCIETY 68 INDONESIA 187 (1999)

Islam, Nationalism, and the State in Suharto's Indonesia, 17 WISCONSIN INTERNATIONAL LAW JOURNAL 27 (1999)

An Empirical Assessment of Divorce Law Reform in Indonesia, 4 STUDIA ISLAMIKA 93 (1998) (with T. Heaton and L. Young)

Indonesia's 1989 Religious Judicature Act: Islamization of Indonesia or Indonesianization of Islam? 63 INDONESIA 143 (1997) reprinted in SHARIA AND POLITICS IN INDONESIA (A. Salim & A. Azra, editors, The Institute for Southeast Asian Studies (Singapore), 2003)

Legislating Social Change in an Islamic Society: Indonesia's Marriage Law, 44 AMERICAN JOURNAL OF COMPARATIVE LAW 45 (1996) (with T. Heaton and L. Young) reprinted in INDONESIA: LAW AND SOCIETY, 2D EDITION (T. Lindsey, ed., The Federation Press, 2008)

Using the Doctrine of Chances to Prove Actus Reus in Child Abuse and Acquaintance Rape: People v. Ewoldt Reconsidered, 29 UNIVERSITY OF CALIFORNIA DAVIS LAW REVIEW 355 (1996)

In Search of the Post-Positivist Jury, 70 INDIANA LAW JOURNAL 405 (1995)

The Jurisprudence of Jury Trials: The No Impeachment Rule and the Conditions for Legitimate Legal Decision Making, 64 UNIVERSITY OF COLORADO LAW REVIEW 57 (1993)

The Evidence Rules and the Ritual Functions of Trials: 'Saying Something of Something' 25 LOYOLA LAW REVIEW 783 (1992) (invited symposium contribution)

Should Hate Speech be Prohibited in Law Schools? 20 SOUTHWESTERN UNIVERSITY LAW REVIEW 145 (1991) (with S. Davies)

Islamic Law in Indonesia's New Order, 38 INT'L & COMP. L.Q. 53 (1989) reprinted in HUKUM ISLAM DI ASIA TENGGARA 27 (Sudirman Tebba, editor, 1993)