Tamara Rice Lave

Professor of Law & Fellow, Institute for Legal Research, UC Berkeley

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.

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."

After receiving her Ph.D. in May 2009, Professor Lave became a lecturer at the University of California, Berkeley School of Law. She was also a visiting professor at the University of Navarra in Pamplona, Spain.

Her primary teaching areas and interests include: criminal law, criminal procedure, evidence, and the punishment and control of sex offenders.

Lave is a criminal law consultant at the Legal Education, ADR, and Practical Problem-Solving (LEAPS) Project of the ABA Section of Dispute Resolution's Law Schools Committee. LEAPS is designed to help law faculty incorporate practical problem solving into their instruction.

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.


Academic Publications

Ready, Aim, Fire: How Universities Are Failing the Constitution in Sexual Assault Cases; Arizona State Law Journal (Forthcoming Fall 2016)

Campus Sexual Assault Adjudication: Why Universities Should Reject the Dear Colleague Letter; Kansas Law Review (Forthcoming 2016)

A Critical Look at how Private Universities Adjudicate Rape, Miami Law Review (Forthcoming 2016)

The Prosecutor’s Duty to the Imperfect Rape Victim, 49 Texas Tech Law Review (Forthcoming 2016)

From Sea to Shining Sea: A Critical Look at Sexually Violent Predator Laws across the United States, Comparative Perspectives on the Theory and Practice of Preventive Detention (Oxford: Hart, Christopher Michaelsen, Ed. forthcoming)

Drugs, Crime, and Prisons in Guatemala, Prisons in the Americans in the Twenty First Century: Human Dumping Ground (Lexington Books, Jonathan D. Rosen and Marten W. Brienen eds. 2015)

Tamara Rice Lave, 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 Volume 2 (LexisNexis, 2014)

Tamara Rice Lave, Shoot to Kill: A Critical Look at Stand Your Ground Laws, 67 U. Miami Law Review (2013)

Tamara Rice Lave, Protecting Elites: An Alternative Take on how United States v Jones Fits into the Court's Technology Jurisprudence, 14 North Carolina Journal of Law and Technology (2013) (Symposium Issue on United States v Jones)

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

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

Tamara Rice Lave, 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).

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

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

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

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

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

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

Howard H. Goldman, Andrew E. Skodol and Tamara R. Lave, Revising Axis V for DSM-IV: A Review of Measures of Social Functioning, 149 The American Journal of Psychiatry 1148 (1992); (Reprinted) DSM-IV Sourcebook. (1997) American Psychiatric Association Staff, American Psychiatric Association, Chapter 30.

Tamara R. Lave and Lester B. Lave, Public Perception of the Risk of Floods: Implications for Communication, 11 Risk Analysis 255 (1991).

Academic Works in Progress

Privacy, Poverty, and People Like Us: Rethinking the Fourth Amendment after U.S. v. Jones

(Mis)Educating the Public about Sex Offenders: The Government as Mythmaker

The Iconic Child Molester: What We Believe and Why We Believe It.

Contracts, Consequences, and Conflicting Duties: Why We May Lie to the Murderer at the Door. (Draft available on request)

Non-Academic Publications

Tamara Rice Lave, International Megan’s Law – America’s Global Embarrassment, Huffington Post, March 22, 2016

Tamara Rice Lave, Justice Scalia – Conservative Icon? Huffington Post, February 18, 2016

Tamara Rice Lave and Justin McCrary, Are Sexually Violent Predators Dangerous Enough? Huffington Post, September 15, 2015

Tamara Rice Lave, The Runner's Witness: Let's Get America Running: An Open Letter to President Obama, Running Times Magazine, May 2009. 

Tamara Rice Lave, The Runner's Witness: Drugs on the Track: An Athlete/Lawyer's Take on Drugs in our Sport, Running Times, October 2008. 

Tamara Rice Lave, Wearing the Flag: What Does It Mean to Be an American, Running Times, November 2008. 

Tamara Rice Lave, My Turn Column: Equal Before the Law, Newsweek, July 13, 1998. 

(Reprinted) Los Angeles Daily Journal, Thursday, July 9, 1998 at 6.

(Reprinted) Kathleen T. McWhorter, The Writer's Express: A Paragraph and Essay Text with Readings (2000) at 51Publications.


 News / Media

Professor Tamara Rice Lave in "No prison for mother of Cristian Fernandez" in The Florida Times-Union.

Professor Tamara Rice Lave in "The Next Three Trials of George Zimmerman" in The Atlantic Wire, in "Florida's 'stand your ground' law in spotlight after trial" on MSN News, and in "Stand Your Ground Laws Under Scrutiny Post-Zimmerman Verdict" on GPB News, on NPR, and in "Stand Your Ground And The Zimmerman Defense" on Media Matters for America.

Professor Tamara Rice Lave in "Civil Case Against Zimmerman In Florida Has Little Chance Of Success"... in BuzzFeed Politics, on "After the Verdict: a WLRN Special Report" on WLRN, in "Feds Weigh Charging Zimmerman in Killing" in The Wall Street Journal, on New England Public Radio, and in "In Zimmerman Case, Self-Defense Was Hard to Topple" in The New York Times.

Professor Tamara Rice Lave in "Civil-rights leaders call on Justice Department to act" in The Miami Herald.

Professor Tamara Rice Lave helps define legal terms for the layperson in ABC 10 News "Reporter's Notebook: Guide of relevant legal terms" on ABC 10 News.

Professor Tamara Rice Lave was interviewed for the segment "Debate Over Miranda Rights in Dzhokhar Tsarnaev Case" onNBC6 South Florida.

Professor Tamara Rice Lave comments in "Manslaughter Sought in Florida Hazing Case" in the Wall Street Journal.

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

Sutton, Tina

Phone: (305)284-4241
Office: G287