»2007 Chapman Law Review Symposium

Miranda at 40: 
Applications in a Post-Enron, Post-9/11 World

Chapman University School of Law

Friday, January 26, 2007


In 2000, the Supreme Court "re-affirmed" the validity of Miranda v. Arizona in Dickerson v. United States, which held that Congress lacked the authority to overrule Miranda through legislation because Miranda announced a constitutional rule. Since then, new issues have emerged on the Miranda landscape. While the Miranda decision has been with us for 40 years, there are constantly evolving situations in which its relevance and power continue to be tested. 

This Symposium explores questions such as:

  • whether Miranda applies to terrorism interrogations conducted abroad (as a district court held that it did in United States v. Bin Laden) and whether Miranda applies to so-called enemy combatants

  • whether the depictions of Miranda on television and other media are accurate and to what extent do they influence, or are influenced by, real-life criminal procedure

  • whether Miranda effectively shields the innocent in modern practice

  • whether Sarbanes-Oxley, enacted in the wake of tremendous corporate scandals, has imposed obligations on corporate insiders to cooperate with government investigators in a way that intrudes on the right against self-incrimination. 




Symposium Schedule

Opening Remarks

  • Tim Kowal, Editor-in-Chief, Chapman Law Review
  • Dean Parham H. Williams, Vice President and Dean, Chapman University School of Law

Panel I: Miranda and the War on Terror
Moderator: Marisa S. Cianciarulo, Assistant Professor of Law at Chapman University School of Law

  • Stephen F. Rohde, Partner at Rohde & Victoroff and former President of ACLU of Southern California
  • Ronald J. Rychlak, Associate Dean of Academic Affairs and Professor of Law at the University of Mississippi
  • Joan L. Larsen, Visiting Professor of Law at University of Michigan Law School and former Deputy Assistant Attorney General
  • M. Katherine B. Darmer, Professor of Law at Chapman University School of Law and former Assistant U.S. Attorney


Panel II: Miranda, The Media, and Public Access to Information
Moderator: Sherri Burr, Visiting Professor of Law at Chapman University School of Law

  • Jim Fleissner, Professor of Law at Mercer University School of Law and Special Counsel to the Attorney General, United States v. Lewis Libby
  • Sam Kamin, Associate Professor of Law at University of Denver Sturm College of Law
  • Russell Covey, Associate Professor of Law at Whittier Law School
  • Jeremy M. Miller, Professor of Law and former Dean at Chapman University School of Law


Keynote Address: “A Republic, If You Can Keep It”
The Honorable Edwin Meese III, Heritage Foundation Chairman of the Center for Legal and Judicial Studies and former U.S. Attorney General under President Ronald Reagan

Panel III: Miranda in Modern Practice: Does it Protect the Innocent or the Guilty?
Moderator: Donald J. Kochan

  • Mark A. Godsey, Associate Professor of Law at the University of Cincinnati College of Law and Faculty Director for the Lois and Richard Rosenthal for Justice and Ohio Innocence Project
  • Steven B. Duke, Professor of Law at Yale Law School
  • Janine Y. Kim, Associate Professor of Law at Southwestern Law School
  • Paul Shechtman, Member of Stillman, Friedman & Schechtman, P.C. in New York and former Chief of the Criminal Division, U.S. Attorney's Office in the Southern District of New York
  • Lawrence Rosenthal, Associate Professor of Law at Chapman University School of Law and former Assistant U.S. Attorney

Panel 4: Miranda and Corporate Crime
Moderator: Henry N. Butler, James R. Farley Professor of Economics at Chapman University and Professor of Law at Chapman University School of Law

  • Roman E. Darmer, Partner at Howrey LLP and a former Assistant U.S. Attorney
  • Keith P. Bishop, Shareholder at Buchalter Nerner PLC and former Commissioner of Corporations for the State of California
  • J. Kelly Strader, Professor of Law at Southwestern Law School and author of several legal textbooks on the subject of White Collar Crime
  • Steve Goorvitch, Attorney at O'Melveny & Myers LLP and former Staff Attorney at the U.S. Securities & Exchange Commission's Division of Enforcement
  • Thomas E. Holliday, Partner at Gibson, Dunn & Crutcher LLP and co-Chair of the firm's Business Crimes and Investigations Practice Group

Sponsored in part by:

GIBSON, DUNN & CRUTCHER LLP 

PAUL, HASTINGS, WALKER & JANOFSKY LLP 


For more information, please see the attached brochure.

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Brochure (.pdf)

The Honorable Edwin Meese III

Keynote Speaker

The Honorable Edwin Meese III, Heritage Foundation Chairman of the Center for Legal and Judicial Studies and former U.S. Attorney General under President Ronald Reagan