Indiana University

Photo of Shawn  Boyne
Shawn Boyne
Associate Professor of Law
Dean's Fellow


Indiana University School of Law - Indianapolis
Lawrence W. Inlow Hall, Room 331
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 278-4781
E-Mail: smboyne@iupui.edu
Education

B.A. (cum laude), 1980,Cornell University;M.B.A, 1985, University of Minnesota;J.D., 1991, University of Southern California’s Gould School of Law;M.A., 2002, Ph.D., 2007, University of Wisconsin;LL.M., 2008, Justus-Liebig-Universität (Giessen, Germany)

Courses

evidence, criminal law, criminal procedure

Bio

Shawn Boyne joined the faculty in the summer of 2008 as associate professor of law, teaching evidence, criminal law, and criminal procedure. Prior to joining IU she was a DAAD Post-doctoral fellow at the Max Planck Institute of Foreign and International Criminal Law in Freiburg, Germany, as well as a graduate fellow with the Institute for Legal Studies at the University of Wisconsin Law School. She has also been a visiting fellow with the Berlin Program for Advanced German and European Studies.

Early in her career, Professor Boyne served as a senior trial prosecutor for the State of New Mexico, specializing in the prosecution of child sexual abuse and domestic violence cases. She worked for several years as a defense attorney and served on the boards of several non-profit organizations dedicated to protecting the rights of children. As a law student, she served on the staff of the Southern California Law Review and was the co-founder of the Southern California Review of Law and Women’s Studies. She received the Warren J. Ferguson Award for the best essay on social justice for her early research that examined the conditions of incarceration of HIV-positive women in the California prison system.

Professor Boyne’s research interests span the intersection of the fields of criminal law, politics, and culture. Her recent scholarship examines the tension between civil rights and national security in Germany and Europe. During the past five years, she has presented papers at the University of Virginia School of Law, Temple University’s Beasley School of Law and also at conferences in the United States, Germany and Austria. She is currently working on a book project that uses ethnographic research to probe the degree of prosecutorial discretion in Germany.

Professor Boyne holds a B.A. (cum laude) from Cornell University, an M.B.A. from the University of Minnesota, a J.D. from the University of Southern California’s Gould School of Law, a Ph.D. in Political Science from the University of Wisconsin, and an LL.M. from Justus-Liebig-Universität in Giessen, Germany.

Publications

Books and Chapters

The Criminalization of Speech in an Age of Terror: Casting a Wide Net for Evildoers, in RIGHTS, CITIZENSHIP AND TORTURE: PERSPECTIVES ON EVIL, LAW AND THE STATE (John Parry & Welat Zeydanlioglu eds.) Oxford: Inter-Disciplinary Press (2009)


Law Review and Journal Articles

"Free Speech, Terrorism, and European Security: Defining and Defending the Political Community," __ Pace Law Rev. ___ (Winter 2010).

The Tension between Politics and Justice: German Courts and the 9/11 Suspect Cases, 14 Temp. Pol. & Civ. Rts. L. Rev. 543 (2005).

Law, Terrorism & Social Movements: How Politics has Shaped Germany's Anti-Terrorism Legislation, 12 Cardozo J. Int'l & Comp. L. 41 (Summer 2004).

The Future of Liberal Democracies in a Time of Terror, 11 Tulsa J. Comp & Int'l Law 111 (Fall 2003).

Death in the Desert: A New Look at the Involuntary Intoxication Defense, 32 N.M. L. Rev. 243 (co-authored with Gary C. Mitchell)(2002).


Essays and Reports

Preserving the Role of Law in a Time of Terror: Germany's Response to Terrorism, in LAW VS. WAR: COMPETING APPROACHES TO FIGHTING TERRORISM. U.S. Army Strategic Studies Inst. (eds., pp. 17-21 (2005).


Book Reviews

Review of INTERNATIONAL LAW AND THE RUSSIAN LEGAL SYSTEM by Boris Leonidovich Zimnenko, 18 Law & Politics Book Review 15 (2008).


Other Publications

Editorial, "Pursuit of Convictions puts Justice in Jeopardy," Indianapolis Star, Monday, April 13, 2009.

Note, Women in Prison with AIDS: An Assault on the Constitution? 64 So.Cal. L.Rev. 741 (1991).


Work in Progress

"The Many Faces of Objectivity: The Role of the Prosecutor in German Rape Prosecutions"


Presentations

"The Impact of Relational Dynamics on Prosecutorial Objectivity in Germany," Indiana University Workshop in Political Theory & Public Policy," October 5th, 2009.

"The Many Faces of Objectivity: The Role of the Prosecutor in German Rape Prosecutions," Big Ten Aspiring Scholars Conference, University of Illinois College of Law, August 2-4, 2009.

"Revisiting Damaska: German Prosecutorial Decision-Making and the Search for Truth." Law & Society Association's Annual Conference, May 28, 2009, Denver, Colorado.

"Reevaluating the German Model of the Prosecution Function." Association for the Study of Law, Culture, and the Humanities Annual Conference, April 4, 2009. Boston, MA.

"Prosecutorial Decision-making in the German Rechtstaat." Toledo Law School Junior Faculty Exchange Colloquim, February 12, 2009.

"From Coffee to Culture: Conducting Qualitative Research Abroad," Midwest Law & Society Retreat, University of Wisconsin Law School, Sept. 19th & 20th, 2008.

"Revisiting Damaska: Prosecutorial Discretion in Germany," Untenured Academics Conference, Indiana Univerity-Bloomington, August 5th & 6th, 2008.

The Criminalization of Speech in the Age of Terror, 2nd Global Conference: Evil, Law and the State-Issues in State Power and Violence. March 7th-9th, Salzburg, Austria.

A Comparative Construction of Prosecutorial Discretion, Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany. November 28, 2007.

A Rose by Any Other Name: Torture as a Tactic in the War on Terror, Panel Participant, Midwest Political Science Association Conference, Chicago, Illinois, April 12-15th, 2007.

The Organizational Culture of German Prosecution, Southern Political Science Association, January 4-7, 2007.

Verfahrensabsprachen und Verteidigungsstrategien-Einblicke in das US-amerikanische Strafverfahrenssystem, Giessener Kriminologisches Praktikerseminar, Institut fuer Kriminologie an der Justus-Liebig-Universitaet, Giessen, Germany. June 6, 2006.

Negotiating Uncertainty: The German Hauptverhandlung as an Unstable Event, International Workshop: Event and Process in Organized Discourse, Freie Universitaet-Berlin, March 10-11th, 2006.

Preserving the Rule of Law in a Time of Terror: The German Debate on Terror, J.B. Moore Society University of Virginia School of Law, 2005 Symposium, "Beyond U.S. Terrorism: Comparing Domestic Legal Remedies to an International Dilemma," Co-sponsored by the U.S. Army War College's Strategic Studies Institute. February 24-25th, 2005.

The Tension Between Politics and Justice: German Courts and the 9/11 Suspect Cases, Temple Law Schools's Political and Civil Rights Law Review Symposium: "Balancing Security and Liberty in the New Century," October 25, 2004.



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