STEPHANOS BIBAS
Associate Professor
University of Iowa College of Law, 426 BLB,
Iowa City, IA 52242
(319) 384-4569; (319) 335-9019 (fax);
s_bibas "at" yahoo.com
Downloadable Resume (Adobe Acrobat, WordPerfect)
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STEPHANOS BIBAS Associate Professor University of Iowa College of Law, 426 BLB, Iowa City, IA 52242 (319) 384-4569; (319) 335-9019 (fax); s_bibas "at" yahoo.com Downloadable Resume (Adobe Acrobat, WordPerfect) |
| Last Updated 9 May 2005 |
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| RESEARCH & TRAINING |
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| All criminal law (class slides for Criminal Law), criminal procedure, and sentencing. Also willing to teach jurisprudence, related legal philosophy courses, professional responsibility, federal courts, and evidence. | |
| EDUCATION | |
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1991-94
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YALE LAW SCHOOL, New Haven, CT. J.D. Honors in 16 out of 18 courses. Yale Law Journal, Symposium Editor. Moot Court: Thurman Arnold Prize (best oralist) & Stewart Prize (best team). |
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1989-91
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OXFORD UNIVERSITY (University
College), England. B.A. and M.A., jurisprudence. Gibbs Book Prize in contracts, torts, and land law. Alan Urbach Memorial Prize in jurisprudence. 1st Place Speaker, 1991 World Debate Championships (Toronto). |
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1985-89
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COLUMBIA UNIVERSITY,
New York, NY. B.A., political theory. Summa cum laude. Phi Beta Kappa, early election (top 2% of the class). Polity (Student Budgeting Committee), Financial Chair. Parliamentary Debate: Winner of various public speaking awards. |
| EXPERIENCE | |
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Winter & Spring 2006
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UNIVERSITY OF CHICAGO LAW
SCHOOL, Chicago, IL. Visiting Associate Professor. |
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Fall 2006
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UNIVERSITY OF PENNSYLVANIA
LAW SCHOOL, Philadelphia, PA. Visiting Associate Professor. |
2001-present |
UNIVERSITY OF IOWA COLLEGE OF LAW, Iowa City, IA. Associate Professor. Researching and teaching in criminal law, criminal procedure, and sentencing. |
2000-01 |
YALE LAW SCHOOL, New Haven, CT. Research fellow. |
1998-2000 |
U.S.
ATTORNEY'S OFFICE, SOUTHERN DISTRICT OF NEW YORK, New York, NY.
Assistant U.S. Attorney, Criminal Division. Prosecuted more than 100 narcotics, art, robbery, fraud, grave robbing, and other crimes. Interviewed witnesses and coordinated investigations. Argued countless motions in court. Tried three criminal cases to juries. Briefed and argued three appeals in the U.S. Court of Appeals, Second Circuit. FBI & New York Police Department Awards for outstanding performance in high-profile grave-robbing case that became the subject of a Bravo/BBC documentary. |
1997-98 |
HON.
ANTHONY KENNEDY, Supreme Court of the United States, Washington,
DC. Law clerk. |
1995-97 |
COVINGTON
& BURLING, Washington, DC. Litigation associate. Litigated
white-collar criminal defense, appeals, First Amendment, employment
discrimination, toxic torts, and insurance cases. Personally tried a pro bono employment discrimination case to a federal jury. Briefed and argued a pro bono discrimination appeal to the U.S. Court of Appeals for the D.C. Circuit, winning a unanimous reversal. |
1994-95 |
HON. PATRICK E. HIGGINBOTHAM, U.S. Court of Appeals for the Fifth Circuit, Dallas, TX. Law clerk. |
| ARTICLES AND OTHER SCHOLARLY WORKS | |
| Regulating Local Variations
in Federal Sentencing, 58 Stan. L. Rev. (forthcoming Oct. 2005). |
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| Originalism and Formalism
in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely
Friend of Criminal Defendants? 94 Geo. L.J. (forthcoming Nov.
2005) |
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| White-Collar Plea
Bargaining and Sentencing After Blakely, 47 Wm. & Mary L.
Rev. (forthcoming 2005). |
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| Brady v. Maryland: From
Adversarial Gamesmanship Toward the Search for Innocence?, in
Criminal Procedure Stories (Carol Steiker ed., forthcoming 2005) |
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| The Blakely Earthquake Exposes the Procedure/Substant
Fault Line, 17 FED. SENTENCING REP. (forthcoming April 2005) |
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| Integrating Remorse and
Apology into Criminal Procedure, 114 YALE L.J. 85 (2004)
(co-authored with Richard A. Bierschbach) |
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Web Link to Yale Law
Journal's Site: http://www.yalelawjournal.org/pdf/114-1/Bibas_Bierschbach_FINAL.pdf
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| Blakely's Federal Aftermath,
16 FED. SENTENCING REP. 333 (2004) |
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| Plea
Bargaining Outside the Shadow of Trial,
117 HARV. L. REV. 2463 (2004). (Professor William J. Stuntz published a
response to this article at 117 HARV. L.REV. 2548 (2004). |
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Web Link to Harvard Law
Review's Site: http://www.pbs.org/wgbh/pages/frontline/shows/plea/etc/bargain.pdf
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Pleas' Progress, 102 MICH. L. REV. 1024 (2004) (book review, reviewing GEORGE FISHER, PLEA BARGAINING'S TRIUMPH (2003)). |
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| The Feeney Amendment and the Continuing Rise of Prosecutorial Power to Plea Bargain, 94 J. CRIM. L. & CRIMINOLOGY 295 (2004). | |
(Adobe Acrobat, WordPerfect, Word) |
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| The Psychology of Hindsight and After-the-Fact Review of Ineffective Assistance of Counsel, 2004 UTAH L. REV. 1 (2004) (symposium essay). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Apprendi in the States: The Virtues of Federalism as a Structural Limit on Errors, 94 J. CRIM. L. & CRIMINOLOGY 1 (2003). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Bringing Moral Values into a Flawed Plea Bargaining System, 88 CORNELL L. REV. 1425 (2003). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Harmonizing
Substantive-Criminal-Law Values and Criminal Procedure: The Case of Alford
and Nolo Contendere Pleas, 88 CORNELL L. REV. 1361 (2003).
(Professor Albert W. Alschuler published a response to this article at
88 CORNELL L.REV. 1412 (2003), and I published a reply (listed
immediately above).) |
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(Adobe Acrobat, WordPerfect, Word) |
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| Using Plea Procedures to Combat Denial and Minimization, in JUDGING IN A THERAPEUTIC KEY: THERAPEUTIC JURISPRUDENCE AND THE COURTS 169 (Bruce J. Winick & David B. Wexler eds., 2003). | |
(Adobe Acrobat, WordPerfect, Word) |
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| The Real-World Shift in Criminal Procedure, 93 J. CRIM. L. & CRIMINOLOGY 789 (2003) (book review, reviewing RONALD J. ALLEN ET AL., COMPREHENSIVE CRIMINAL PROCEDURE (2001) and MARC L. MILLER & RONALD F. WRIGHT, CRIMINAL PROCEDURES (1999)). | |
(Adobe Acrobat, WordPerfect, Word) |
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| The Right to Remain Silent Helps Only the Guilty, 88 IOWA L. REV. 421 (2003). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Back from the Brink: The Supreme Court Balks at Extending Apprendi to Upset Most Sentencing, 15 FED. SENTENCING REP. 79 (2002), excerpted in "Back from the Brink" (op-ed essay), LEGAL TIMES, Aug. 5, 2002, at 59, and "The High Court Finds a Balance Between Judges and Juries," FULTON COUNTY DAILY REP., Aug. 13, 2002. | |
(Adobe Acrobat, WordPerfect, Word) |
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| Apprendi's Impact on Institutional Allocations of Power, 87 IOWA L. REV. 465 (2002). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Apprendi and the Dynamics of Guilty Pleas, 54 STAN. L. REV. 311 (2001). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Judicial
Fact-Finding and Sentence Enhancements in a World of Guilty Pleas,
110 YALE L.J. 1097 (2001), cited and
discussed in Blakely v. Washington, 542 U.S._____, 124 S.Ct.
2531 (2004). (Professors Nancy J. King and Susan R. Klein published a
response to this article at 54 STAN. L. REV. 295 (2001), and I
published a reply (listed immediately above). |
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(Adobe Acrobat, WordPerfect, Word) |
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| Apprendi's Perverse Effects on Guilty Pleas Under the Guidelines, 13 FED. SENTENCING REP. 333 (Mar./Apr. 2001). | |
(Adobe Acrobat, WordPerfect, Word) |
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| Note, The Case Against Statutes of Limitations for Stolen Art, 103 YALE L.J. 2437 (1994), reprinted in 5 INT'L J. CULTURAL PROPERTY 73 (1996). | |
(Adobe Acrobat, WordPerfect, Word) |
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| A Contractual Approach to Data Privacy, 17 HARV. J.L. & PUB. POL'Y 591 (1994). | |
| Comment, The European Court of Justice and the Early U.S. Supreme Court: Parallels in Fundamental Rights Jurisprudence, 15 HASTINGS INT'L & COMP. L. REV. 253 (1992). | |
| SHORTER WORKS | |
| The Blakely Revolution, IOWA
ADVOCATE (forthcoming 2004). |
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| The Future of American
Sentencing: A National Roundtable on Blakely (remarks on a
panel at a
Stanford Law School Symposium, Oct. 9, 2004), excerpted in 17 FED. SENTENCING
REP. 128. |
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| Can the Supreme Court Clear
Up its Blakely Mess?
(on-line debate with
Douglas A. Berman), Legal Affairs,
Sept. 27-Oct. 1, 2004 |
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(Web
Link)
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| How Long? A Close Supreme
Court Decision Trades Decades of
Sentencing Reform for a Confusing Future, LEGAL TIMES, July 6,
2004,
at 52. |
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| Above the Fray: Supreme Court Should Let Judges Keep a Hand in Who Gets Executed (op-ed essay), LEGAL TIMES, Feb. 4, 2002, at 43, reprinted in "Should There Be Apprehension over Apprendi?", TEXAS LAWYER, Feb. 11, 2002, at 55, and "Should Jurors or Judges Decide Capital Sentences?", FULTON COUNTY DAILY REP., Feb. 6, 2002. | |
(Adobe Acrobat) |
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| Phones that Aid and Abet (letter to the editor), N.Y. TIMES, Aug. 16, 2001, at D5. | |
| CITATION COUNT |
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| The search (step! stev!) /3 bib*s in Westlaw's TP-ALL database generated 206 hits as of 30 March 2005. | |
| GOVERNMENT TESTIMONY |
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| Testimony before the United States Sentencing Commission, The
Future of the Federal Sentencing Guidelines after Blakely v. Washington, Nov. 16,
2004 |
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(Web Link)
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| WORKS IN PROGRESS | |
| Using the Offense-Offender Distinction to Allocate Criminal Sentencing Power (not yet written, to be co-authored with Douglas A. Berman) | |
| How Biases, Heuristics, and Defendant Characteristics Skew Plea Bargaining in Practice (not yet written, to be co-authored with Russell Korobkin). | |
| PRESENTATIONS (selected) | |
| “White-Collar Plea Bargaining and Sentencing After Booker,” Symposium, Institute of Bill of Rights Law, William & Mary Law School, Williamsburg, VA March 25, 2005 | |
| “Plea Bargaining Outside the Shadow of Trial,” faculty workshops at Universities of Chicago, Iowa, Nebraska, and Pennsylvania Law Schools, fall 2003-winter 2005 | |
| “Will Originalism and Formalism Save Criminal Procedure or Destroy It?,” Duke Law School, Durham, NC (debate with Professor Sara Sun Beale) and Federalist Society Faculty Conference, San Francisco, CA January 2005 | |
| "Blakely v. Washington
and the Crumbling Divide Between Criminal Procedure and Substantive
Law," at The Future of American
Sentencing: A National Roundtable on Blakely, Stanford Law
School, Stanford, CA October 9, 2004. |
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| "Blakely's Federal
Aftermath," Eighth Circuit Judicial Conference, Rapid City, SD, July
14, 2004. |
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| "Apprendi Updates"
Panel, Federal Bar Association & U.S. Sentencing Commission
National Seminar on the Federal Sentencing Guidelines, Miami, FL, May
20, 2004. |
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| "Plea Bargaining Outside the Shadow of Trial," faculty workshop, University of Iowa College of Law, Iowa City, IA, Sept. 12, 2003. | |
| "Apprendi in the States: The Virtues of Federalism as a Structural Limit on Errors," Council of Appellate Staff Attorneys, Columbia, SC, July 19, 2003. | |
| Panel, "Plea Bargaining Under the Federal Sentencing Guidelines," Federal Bar Association & U.S. Sentencing Commission National Seminar on the Federal Sentencing Guidelines, Miami Beach, FL, May 30, 2003. | |
| Roundtable discussion, "Ineffective Assistance of Counsel," Lexis/Nexis Criminal Procedure Discussion Forum, Washington & Lee University Law School, Lexington, VA, May 17, 2003. | |
| "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas," faculty workshop, Northwestern University School of Law, Chicago, IL, Oct. 31, 2002. | |
| "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas," faculty workshop, University of Kansas School of Law, Lawrence, KS, Oct. 3, 2002. | |
| "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas," faculty workshop, University of St. Thomas School of Law, Minneapolis, MN, Sept. 20, 2002. | |
| "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas," faculty workshop, University of Iowa College of Law, Iowa City, IA, Sept. 5, 2002. | |
| "Judicial Restrictions on Judicial Sentencing," Loyola University Chicago Law School, Chicago, IL, Feb. 14, 2002 (two presentations). | |
| "Apprendi's Perverse Effects on Guilty Pleas Under the Federal Sentencing Guidelines," National Symposium on the Federal Sentencing Guidelines, University of Iowa, Iowa City, IA, June 2, 2001. | |
| PROFESSIONAL ACTIVITIES | |
| Member, Supreme Court Forecasting Project, 2002-03 | |
| Member, Dean Mason Ladd American Inn of Court, 2003-present | |
| Judicial Clerkship Coordinator, 2002-present |
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| Academic Rules and Externships Committee,
2001-02 and 2003-present |
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| Career Services Committee, 2004-present |
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| Curriculum Policy Committee, 2004-present |
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| BAR MEMBERSHIPS | |
| Virginia,
Virginia Supreme Court District of Columbia, District of Columbia Court of Appeals U.S. Supreme Court |
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| U.S. Courts of Appeals for
the Second, Fourth, and District of Columbia Circuits U.S. District Courts for the Southern District of New York, Eastern District of Virginia, District of Columbia, and Central District of Illinois |
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| PERSONAL | |
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Brown belt in Tae Kwon Do
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