MICHAEL J. ZYDNEY MANNHEIMER - Chase College of Law

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MICHAEL J. ZYDNEY MANNHEIMER - Chase College of Law Powered By Docstoc
					                      MICHAEL J. ZYDNEY MANNHEIMER
                              Salmon P. Chase College of Law
                               Northern Kentucky University
                                      518 Nunn Hall
                               Highland Heights, KY 41099
                                 mannheimem1@nku.edu
                                  phone: (859) 572-5862
                                   fax: (859) 572-5342


EDUCATION
    COLUMBIA UNIVERSITY SCHOOL OF LAW, New York, NY
    J.D. 1994 (no class rank computed)
    Columbia Law Review
           Writing & Research Editor (1993-94)
           Staff member (1992-93)
    Harlan Fiske Stone Scholar (1991-94)
    Haft Foundation Moot Court Prize (1992)

    BINGHAMTON UNIVERSITY (formerly SUNY-Binghamton), Binghamton, NY
    B.A. 1991, Philosophy and Political Science
    David L. Cingranelli Prize in American Politics and Public Policy (1991)
    Founder and President, Binghamton Civil Liberties Union (1990-91)
    Co-founder and Treasurer, Phi Alpha Delta Pre-Law Fraternity, Binghamton Chapter (1990-91)
    Treasurer, Political Science Association (1990-91)


TEACHING EXPERIENCE

    SALMON P. CHASE COLLEGE OF LAW, NORTHERN KENTUCKY UNIV., Highland Heights, KY
    Professor (2010-present)
    Associate Professor (2007-10)
    Assistant Professor (2004-07)
    Courses taught:
           Criminal Law
           Criminal Procedure
           Death Penalty: Policy and Procedure
           Evidence
           Sentencing Law and Policy
     BROOKLYN LAW SCHOOL, Brooklyn, NY
     Adjunct Instructor (2000-02)
     Courses taught:
            Legal Writing I
            Legal Writing II


CLERKSHIPS

     HON. ROBERT E. COWEN, U.S. Court of Appeals for the Third Circuit, Trenton, N.J.
     Law Clerk (1996-97)

     HON. SIDNEY H. STEIN, U.S. District Court for the Southern District of N.Y., New York, N.Y.
     Law Clerk (1995-96)


PUBLICATIONS AND WORKS IN PROGRESS

     “Self-Government, the Federal Death Penalty, and the Troubling Case of Michael Jacques”
     (work in progress) (invited submission to Vermont Law Review)

     “Cruel and Unusual Federal Punishments” (work in progress)

     Proportionality and Federalism: A Response to Professor Stinneford, 97 VA. L. REV. IN BRIEF
     ___ (forthcoming 2011)

     Not the Crime But the Cover-up: A Deterrence Based Rationale for the Premeditation-
     Deliberation Formula, 86 IND. L.J. 879 (2011) (winner of the 2010 AALS Criminal Justice
     Section Junior Scholar Paper Award)

     The Impact of Information Overload on the Capital Jury’s Ability to Assess Aggravating and
     Mitigating Factors, 17 WM. & MARY BILL OF RIGHTS J. 1089 (2009) (with Katie Morgan)

     Toward a Unified Theory of Testimonial Evidence Under the Fifth and Sixth Amendments, 80
     TEMP. L. REV. 1135 (2007)

     When the Federal Death Penalty Is “Cruel and Unusual,” 74 U. CIN. L. REV. 819 (2006)

     Ripeness of Self-Incrimination Clause Disputes, 95 J. CRIM. L. & CRIMINOLOGY 1261 (2005)

     Coerced Confessions and the Fourth Amendment, 30 HASTINGS CONST. L.Q. 57 (2002)

     Equal Protection Principles and the Establishment Clause: Equal Participation in the
     Community as the Central Link, 69 TEMP. L. REV. 95 (1996)
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     Note, The Fighting Words Doctrine, 93 COLUM. L. REV. 1527 (1993)


SELECTED PRESENTATIONS
     “Cruel and Unusual Federal Punishments,” Law and Society Ass‟n Annual Conference, San
     Francisco, CA, June 2, 2011

     “Cruel and Unusual Federal Punishments,” University of Toledo School of Law, Toledo, OH,
     Oct. 14, 2010

     “Cruel and Unusual Federal Punishments,” Indiana University School of Law, Indianapolis, IN,
     Sept. 14, 2010

     “Not the Crime But the Cover-up: A Deterrence Based Rationale for the Premeditation-
     Deliberation Formula,” University of Missouri-Kansas City Law School, Kansas City, MO, Mar.
     6, 2009

     “Not the Crime But the Cover-up: A Deterrence Based Rationale for the Premeditation-
     Deliberation Formula,” Pepperdine Law School, Malibu, CA, Feb. 13, 2009

     “Not the Crime But the Cover-up: A Deterrence Based Rationale for the Premeditation and
     Deliberation Formula,” Central States Law Schools Association, Southern Illinois University
     Law School, Carbondale, IL, Oct. 25, 2008

     “When the Federal Death Penalty Is „Cruel and Unusual,‟” Bar Association of the City of New
     York (in conjunction with the annual meeting of the American Bar Association), New York, NY,
     Aug. 11, 2008

     “Toward a Unified Theory of Testimonial Evidence Under the Fifth and Sixth Amendments,”
     Salmon P. Chase College of Law, Northern Kentucky University, Highland Heights, KY, Mar. 4,
     2008

     “Constitutional Limitations on the Provocation Defense,” Salmon P. Chase College of Law,
     Northern Kentucky University, Highland Heights, KY, Aug. 31, 2006

     “When the Federal Death Penalty Is „Cruel and Unusual,‟” Ohio Legal Scholars Workshop,
     University of Cincinnati School of Law, Cincinnati, OH, June 24, 2005

     “Crawford v. Washington: The Past, Present, and Future of Confrontation Clause
     Jurisprudence,” Center for Appellate Litigation, New York, NY, Apr. 15, 2004

     “Coerced Confessions and the Fourth Amendment,” Center for Appellate Litigation, New York,

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     NY, Oct. 10, 2003

     “Testimony of Hon. A Leon Higginbotham, Jr. Before the Committee on the Judiciary of the
     U.S. House of Representatives on the Consequences of Perjury and Related Crimes,” Paul,
     Weiss, Rifkind, Wharton & Garrison, New York, NY, Dec. 9, 1998



SHORTER WORKS

     “The Kentucky Racial Justice Act: Workable Remedy or Window Dressing?” LEX LOCI, Dec.
     2009, pp. 18-19.

     “Is Alito the State‟s Advocate in Criminal Cases,” American Constitution Society Blog (Nov. 30,
     2005), available at http://www.acsblog.org/guest-bloggers-2342-guest-blogger-is-alito-the-
     states-advocate-in-criminal-cases.html#discussion



INSTITUTIONAL SERVICE

     Chair, Ad Hoc Clinic Committee (2010-present)
     Chair, Law Review Committee (2006-07)
     Member, Reappointment, Promotion, and Tenure Committee (2010-present)
     Member, Faculty Recruitment Committee (2009-10)
     Member, Admissions Committee (2008-09)
     Member, Honor Council/Academic Standing Committee (2007-08)
     Member, Faculty Development Committee (2004-06)
     Member, Honor Council (2005-06)
     Member, Clinics Task Force (2009-10)
     Member, Clinical and Externship Strategic Planning Task Force (2009-10)
     Member, Student Evaluations Task Force (2006-07)



PUBLIC ENGAGEMENT

     Co-Chair, Kentucky Death Penalty Assessment Team, American Bar Association, July 2009 to
     present

     Volunteer attorney, Kentucky Coalition to Abolish the Death Penalty, Jan. 2009 to July 2009

     Co-counsel, Leon v. New York, 128 S.Ct. 2976 (2008) (denying petition for certiorari).

     Volunteer attorney, Ohio Voter Protection Project, Nov. 2004

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MEDIA APPEARANCES

     Guest Blogger, http://prawfsblawg.blogs.com/prawfsblawg/, May 2011.

     Television interview, “Slain Deputy‟s Son Keeps Watchful Eye on Killer Ralph Baze‟s Fate,”
     WKYT-TV, Lexington, KY, Mar. 4, 2011 (discussing death penalty in Kentucky)

     Contributing Editor, CrimProf Blog, http://lawprofessors.typepad.com/crimprof_blog/, Jan. 2008
     to Aug. 2009

     Radio interview, “The Takeaway,” WNYC 820 A.M., New York, NY, Apr. 16, 2008 (discussing
     oral argument in Kennedy v. Louisiana)

     Radio interview, Brian Fasulo, WWBA 1040 A.M., Tampa, FL, Oct. 25, 2006 (discussing
     imminent execution of Danny Rolling)

     “Pardons Might Not End Probe,” Ky. Post, Covington, KY, Aug. 31, 2005, p. 4K (quoted
     regarding implications of pardon)

     News broadcast, WLW-AM, Cincinnati, OH, Mar. 1, 2005 (quoted regarding decision in Roper
     v. Simmons, 543 U.S. 551 (2005)).



PRACTICE EXPERIENCE
     CENTER FOR APPELLATE LITIGATION, New York, NY
     Senior Appellate Counsel (2003-04)
     Appellate Counsel (1999-2003)
     Briefed and/or argued over forty appeals and related collateral proceedings on behalf of indigent
     criminal defendants in New York Appellate Division, New York Court of Appeals, U.S. District
     Court for the Southern District of New York, and U.S. Court of Appeals for the Second Circuit.
     Conducted hearings, argued motions, and handled sentencing proceedings in New York Supreme
     Court. Filed petition for writ of certiorari in U.S. Supreme Court.

     PAUL, WEISS, RIFKIND, WHARTON & GARRISON, New York, NY
     Litigation Associate (1997-99)
     Practiced general commercial litigation and arbitration including antitrust, breach of contract,
     business torts, employment discrimination, ERISA, false advertising, product liability (class
     actions), and RICO. Pro bono work included assisting the late Hon. A. Leon Higginbotham, Jr.
     with testimony before the House Judiciary Committee with regard to proposed Articles of
     Impeachment against President Clinton.

     LEGAL AID SOCIETY, CRIMINAL APPEALS BUREAU, New York, N.Y.
     Staff Attorney (1994-95)
                                         5
     Briefed and argued appeals on behalf of indigent criminal defendants in New York Appellate
     Division.

     PATTERSON, BELKNAP, WEBB & TYLER, New York, N.Y.
     Summer Associate (Summer 1993)
     Conducted research regarding general commercial litigation including antitrust, breach of
     contract, and patent. Gained ten pounds.

     AMERICAN CIVIL LIBERTIES UNION, Washington, D.C.
     Summer Intern (Summer 1992)
     Conducted research regarding proposed bill to require private institutions of higher learning that
     receive federal funding to afford students the same free speech rights as those enjoyed by
     students at public institutions. Conducted research regarding possible religious discrimination by
     church-owned hotel.

BAR ADMISSIONS
     New York (1995)
     U.S. District Court for the Southern District of N.Y. (1996)
     U.S. District Court for the Eastern District of N.Y. (1997)
     U.S. Court of Appeals for the Third Circuit (1997)
     U.S. Court of Appeals for the Second Circuit (2003)


PROFESSIONAL AFFILIATIONS

     American Bar Association (2007-present)
     American Constitution Society for Law and Policy (2003-present)
     Association of American Law Schools, Criminal Justice Section, Executive Committee (2008-
            present)
     New York County Lawyers‟ Association, Appellate Courts Committee (2001-04)


SIGNIFICANT CASES

     People v. Aiken, 6 A.D.3d 236 (N.Y. App. Div. 2004), aff’d, 4 N.Y.3d 324 (2005) (presenting
     question whether person standing at threshold of his apartment is “in his dwelling” for purposes
     of the “dwelling” exception to the rule requiring retreat before resort to deadly physical force in
     self-defense)

     People v. Lewis, 13 A.D.3d 208 (N.Y. App. Div. 2004), aff’d, 5 N.Y.3d 546 (2005) (presenting
     question whether a person commits burglary when he enters the dwelling of another in violation
     of a court order of protection, even where he has the permission of the other person and even
     where he intends to commit no further crime)
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People v. Williams, 97 N.Y.2d 735 (2002) (presenting question whether expert testimony as to
defendant‟s psychiatric condition is admissible to show he acted in self-defense)

People v. Bryant (N.Y. App. Term 1996) (unpublished) (judgment reversed and new trial
ordered based on prosecution‟s failure to disclose until sentencing prior written statement of
witness)

People v. Concepcion, 228 A.D.2d 204 (N.Y. App. Div. 1996) (judgment reversed and new trial
ordered based on admission of witness‟s grand jury testimony in lieu of live testimony, in
violation of Confrontation Clause and rule against hearsay)

People v. Davis, 3 A.D.3d 339 (N.Y. App. Div. 2004) (judgment modified by reducing
conviction of first-degree robbery to conviction of second-degree robbery and remanded for re-
sentencing, based on court‟s failure to instruct jury on affirmative defense to first-degree
robbery)

People v. Jones, 305 A.D.2d 264 (N.Y. App. Div. 2003) (judgment modified and remanded for
re-sentencing based on (1) court‟s failure to instruct jury on second-degree robbery as lesser-
included offense of first-degree robbery and (2) illegal sentences on two weapons-possessions
counts)

People v. Jones, 295 A.D.2d 243 (N.Y. App. Div. 2002) (judgment modified and sentence
reduced by seven years based on court‟s erroneously running two sentences consecutively to,
rather than concurrently with, one another)

People v. Ordenana, 20 A.D.3d 39 (N.Y. App. Div. 2005) (judgment reversed and new trial
ordered based on trial court‟s failure to conduct inquiry into possible juror misconduct)

People v. Reed, 299 A.D.2d 290 (N.Y. App. Div. 2002) (matter remanded to trial court for
determination of undecided motion to dismiss for failure of prosecution to be ready for trial
within statutorily prescribed time period)

People v. Smith, 297 A.D.2d 495 (N.Y. App. Div. 2002) (judgment reversed and new trial
ordered based on trial court‟s erroneous rejection of defendant‟s for-cause challenge to
prospective juror)

People v. Washington, 21 A.D.3d 253 (N.Y. App. Div. 2005) (sentence reduced from 20 years to
life to 15 years to life), habeas corpus granted sub nom Washington v. Poole, 507 F. Supp. 2d
342 (S.D.N.Y. 2007), vacated and remanded, 601 F.3d 163 (2d Cir. 2010).




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