Curriculum Vitae

Sara Sun Beale

Personal Data

Date of Birth:	April 28, 1949
Place of Birth:	Toledo, Ohio
Home Address:	1019 West Trinity Avenue Durham, NC 27701
Home Telephone:	(919) 683-1159
Family:	Married to Duncan Beale Children Matthew and Steven Beale

Present Position

Charles L.B. Lowndes Professor of Law
Duke University School of Law
Post Office Box 90360
Durham, NC 27708-0360
Telephone: (919) 613-7091
FAX: (919) 668-0996
e-mail: sun@law.duke.edu

Education

J.D., 1974, Magna Cum Laude, University of Michigan
B.A., 1971, Honors English, with high distinction, University of Michigan

Positions Held

Charles L.B. Lowndes Professor of Law, School of Law, Duke University, 2001-present
Senior Associate Dean for Academic Affairs, School of Law, Duke University, 1997-1998
Professor, School of Law, Duke University, 1984-present
Associate Professor, School of Law, Duke University, 1979-1984
Visiting Professor, University of Michigan Law School, 1992
Assistant to the Solicitor General, United States Department of Justice Washington, D.C., 1977-1979
Attorney Adviser, Office of Legal Counsel, United States Department of Justice, Washington, D.C., 1976-1977
Law Clerk for the Honorable Wade H. McCree, Jr., United States Court of Appeals for the Sixth Circuit, 1975-1976
Associate, Dykema, Gossett, Spencer, Goodnow, and Trigg, Detroit, Michigan, 1974-1975

Books

FEDERAL CRIMINAL LAW AND ITS ENFORCEMENT, with Norman Abrams (4th ed. 2006), supplement 2008, and accompanying Teacher’s Manual (2006).
FEDERAL CRIMINAL LAW AND ITS ENFORCEMENT, with Norman Abrams (3d ed. 2000), and supplements 2004 and 2005; FEDERAL CRIMINAL LAW AND ITS ENFORCEMENT, with Norman Abrams (2d ed. 1993), supplements 1996, 1998, 1999, 2008 and accompanying TEACHER’S MANUAL, with Norman Abrams (2000).
FEDERAL CRIMINAL LAW AND RELATED CIVIL ACTIONS: FORFEITURES, THE FALSE CLAIM ACT, AND RICO, with Pamela Bucy and Sarah Welling (1998), & Supplements 1999 & 2000.
GRAND JURY LAW AND PRACTICE, with William C. Bryson and others (2nd ed. 1997) & Supplements 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, and 2007.
GRAND JURY LAW AND PRACTICE, with William C. Bryson (1986) & Supplements 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995 & 1996.

Articles and Papers

Was He Guilty As Charged? An Alternative Narrative Based on the Circumstantial Evidence From Twelve Angry Men, with Vidmar, Chemerinsky, and Coleman, 74 Chi. Kent L. Rev. 691 (2007) (symposium).
Is Corporate Criminal Liability Unique?, 44 AM. CRIM. L. REV. 1503 (2007) (symposium).
The Fifth AmenFdment in the Grand Jury, with James E. Felman, 22 CRIMINAL JUSTICE 4 (Spring 2007).
The News Media’s Influence on Criminal Justice Policy: How Market-driven News Promotes Punitiveness, 48 WM. & MARY L. REV. 397 (2006).
The Many Faces of Overcriminalization: From Morals and Mattress Tags to Overfederalization, 54 AM. U. L.REV. (2005) (symposium).
What Developments in Western Europe Tell Us About American Critiques of Corporate Criminal Liability, with Adam G. Safwat, 8 BUFFALO CRIM. L. REV. 89 (2004) (symposium).
Governmental and Academic Integrity at Home and Abroad, 72 FORDHAM L. REV. 405 (2003) (symposium).
Still Tough on Crime? Prospects for Restorative Justice in the United States, 2003 Utah L. Rev. 413-437 (symposium).
The Consequences of Enlisting Federal Grand Juries in the War on Terrorism: Assessing the Patriot Act's Changes to Grand Jury Secrecy, with James E. Felman, 25 HARVARD JOURNAL OF LAW & PUBLIC POLICY 699 (2002) (symposium),reprinted as Assessing the USA Patriot Act’s Changes to Grand Jury Secrecy, 17 CRIMINAL JUSTICE 43 (2002).
The Unintended Consequences of Enhancing Gun Penalties: Shooting Down the Commerce Clause and Arming Federal Prosecutors, 51 DUKE LAW JOURNAL 1641 (2002).
Federal Criminal Jurisdiction, Mail: Federal Mail Fraud Act, and Sentencing: Procedural Protectionsin ENCYCLOPEDIA OF CRIME AND JUSTICE (2nd ed. 2001).
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, or Tool for Criminal Enforcement?80 B.U. L. Rev. 1227 (2000) (symposium).
Comparing the Scope of the Federal Government’s Authority to Prosecute Federal Corruption and State and Local Corruption: Some Surprising Conclusions and a Proposal, 51 HASTINGS L.J. 699 (2000) (symposium).
Federal Criminal Jurisdiction, Mail: Federal Mail Fraud Act, and Sentencing: Procedural Protections ENCYCLOPEDIA OF CRIME AND JUSTICE (revised ed.) (2001).
The Conflict Between Federalizing Crime and Sentencing Reform, THE DEFENDER’S ADVOCATE, Vol. 2, issue (Winter 2000).
Rushing to Reform the Criminal Jury, with Neil Vidmar and others, 80 JUDICATURE 286 (May-June 1997).
What’s Law Got to Do With It: The Political, Social, Psychological, and other Non-Legal Factors Influencing the Development of (Federal) Criminal Law,1 BUFFALO CRIM. L. REV. 23 (1997).
Revenge for the Condemned, with Paul Haagen, 94 MICH. L. REV. 1622 (1996).
Law's Emperor, 74 TEX. L. REV. 1201 (1996).
Federalizing Crime: Assessing the Impact on the Federal Courts, 543 ANNALS AM. ACAD. POL. & SOC. SCI. 39 (1996).
Too Many and Yet Too Few: New Principles to Define the Proper Limits for Federal Criminal Jurisdiction, 46 HASTINGS L.J. 979 (1995).
Reporter's Draft for the Working Group on Principles to Use When Considering the Federalization of Criminal Law , 46 HASTINGS L. J. 1277 (1995).
The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion ,6 Fed. Sent. Rep. 310 (1994).
Procedural Issues Raised by Guidelines Sentencing: The Constitutional Significance of the "Elements of the Sentence34 WM. & MARY L. REV. 147 (1993).
Prior Similar Acts in Prosecutions for Rape and Child Sex Abuse, 4 CRIM. L. F. 307 (1993).
Looking for Law in All the Wrong Places: Ethical Restrictions on Attorney Subpoenas, presented February 1991, Randall-Park Faculty Colloquium Series, University ofKentucky College of Law; and Wayne State University School of Law, Oct. 1992, University of Michigan School of Law, Dec. 1992.
Drugging the Federal Courts, 8 DUKE L. MAG. 4 (No. 2, 1991).
Grand Jury, in 1991 Supplement to the ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION.
Get Drug Cases Out of Federal Court, Wall St. J., Feb. 8, 1990, at A16 col. 3.
Reconsidering Supervisory Power in Criminal Cases: Constitutional and Statutory Limits on the Authority of the Federal Courts, 84 COLUM. L. REV. 1433-1522 (1984).
Integrating Statistical Evidence and Legal Theory to Challenge the Selection of Grand and Petit Jurors , 46 LAW & CONTEMP. PROBS. 269-81 (1983).
Federal Criminal Jurisdiction and Federal Mail Fraud Act, in ENCYCLOPEDIA OF CRIME AND JUSTICE (editor, Sanford Kadish)(1983).
Self-Incrimination: Privilege, Immunity and Comment in Bar Disciplinary Proceedings,72 MICH. L. REV. 84-117 (1973).

Selected Presentations at Conferences and Faculty Colloquia

Speaker, ABA Criminal Justice Section's Conference on Sentencing Advocacy, Practice, and Reform in Washington at George Washington University, "Update on Sentencing Law: Supreme Court, Appellate, and Legislation," October 2008
Speaker, "The Development of Contemporary Federal Criminal Law and Criminal Justice Policy: How Did We Get Here?," Federal Judicial Center program on Facilitating Offender Reentry to Reduce Recidivism: Innovative and Evidence-based Practices in the Federal Courts, Duke Law School, October 2008
Speaker, “Developments in Corporate Criminal Liability in Western Europe,” Conference of International Society for Reform of Criminal Law, Dublin, Ireland, July 2008
Organizer and presenter, Roundtable on Prosecutorial Discretion, Moritz College of Law, the Ohio State University, July 2008
Speaker, “The Supreme Court’s Sentencing Decisions,” National Federal Sentencing Guidelines Seminar sponsored by the Federal Bar Association, the ABA, and the United States Sentencing Commission, Orlando, May 2008
Speaker, “Grand Jury Reform: What Problem(s) Are We Trying To Solve?” Grand Jury Roundtable, George Washington University Law School, March 2008
Presenter, “The Trial of Terrorists in the Federal Courts,” Federal Judicial Center Program on “Law and National Security in the War on Terrorism,” March 2008
Speaker, Federal Judicial Center National Program for District Judges, Denver, Colorado, “The Trial of Terrorists in the Federal Courts,” August 2007
Speaker, “The News Media’s Influence on Criminal Justice Policy: How Market Driven News Promotes Punitiveness,” Conference of the International Society for the Reform of Criminal Law, Vancouver, Canada, June 2007
Panelist, “Departures and Variances,” National Federal Sentencing Guidelines Seminar sponsored by the Federal Bar Association, the ABA, and the United States Sentencing Commission, Salt Lake City, May 2007
Panelist, “Intuitions of Justice,” Gruter Institute Conference on “Law, Behavior, and the Brain,” Squaw Valley, California, May 2007
Speaker, Sentencing, Third Circuit Judicial Conference, Philadelphia, April 2007
Panelist, “Solutions: What Reforms, If Any, Are Necessary?" Conference on Corporate Criminality: Legal, Ethical, and Managerial Implications,” Georgetown Law Center, Washington, D.C., March 2007
Presenter, “The Trial of Terrorists in the Federal Courts,” Federal Judicial Center program, “Law and National Security in the War on Terrorism,” March 2007
Presenter, “The Many Faces of Overcriminalization: From Morals and Mattress Tags to Overfederalization” at the conference of the International Society for the Reform of Criminal Law, Brisbane, Australia, July 2006
Moderator and speaker, “Departures and Variances,” National Federal Sentencing Guidelines Seminar, sponsored by the Federal Bar Association, the ABA, and the United States Sentencing Commission, Miami, May 2006
Panelist, “Law and Aggression,” Gruter Institute Conference on “Law, Behavior and the Brain,” Squaw Valley, May 2006
Participant, Roundtable, Law and Behavioral Biology: Next Questions, Next Steps, Vanderbilt Law School, March 2006
George Wythe lecturer, William and Mary Law School, The News Media’s Influence on Criminal Justice Policy: How Market-driven News Promotes Punitiveness, March 2006
Speaker, “The Trial of Terrorists in the Federal Courts,” Federal Judicial Center program, “Law and National Security in the War on Terrorism,” March 2006
Presenter, The News Media’s Influence on Criminal Justice Policy: How Market-driven News Promotes Punitiveness

Criminal Law Program, University of Illinois law School, February 2006
Faculty workshop, Boston College Law School, January 2006

Speaker, “An American Academic Perspective on Philippine Anti-Terrorism Laws,” U.S. Department of State, Manila, Philippines, September-October 2005

Philippine Counter-Terrorism Task Force
Deans and Faculty, Philippine Law Schools
Judiciary Committee, Philippine House of Representatives
Philippine Commission on Human Rights
University of Santo Tomas
National Defense College
Philippine Judicial Academy

Panelist, Gruter Institute Conference on “Law, Behavior and the Brain,” Squaw Valley, May 2005
Presenter, “The Trial of Terrorists in the Federal Courts,” Federal Judicial Center program, “Law and National Security in the War on Terrorism,” March 2005
Panelist, “Discretion,” Annual Meeting, American Association of Law Schools, Criminal Justice Section, January, 2004
Panelist, Annual Meeting, American Association of Law Schools, Criminal Justice Section, January, 2003
Speaker, National Symposium U.S. Court of Appeals Judges, Washington, D.C., October 2002
Moderator, Annual Meeting, American Association of Law Schools, Criminal Justice Section, January, 2002
Presenter, Faculty Workshop, Florida State University, October 2002
Presenter, News Media Coverage of Crime: How, Why, and Who Cares?, the Hoffinger Colloquium, Center for Research in Crime and Justice of the New York University School of Law, November 2001
Speaker, Economic Pressures and Internal Structure Shape the U.S. Media’s Treatment of Crime: Do They Also Shape U.S. Criminal Justice Policy?, International Society for Reform of Criminal Law, “Politics, Crime and Criminal Justice,” Canberra, Australia, August 2001
Presenter, Federalizing Hate Crime: Symbolic Politics or Expressive Law

University of North Carolina Law School, Faculty Workshop, February 2000
Wake Forest Law School, Faculty Workshop, March 2000
Washington and Lee Law School, Faculty Workshop, March 2000

Panelist, Federalizing Hate Crime, Annual Meeting, American Association of Law Schools, joint meeting of Criminal Justice and Civil Rights Sections, January, 2000
Lecturer, The Rise of Punitiveness in American Criminal Law Academic Society for American

Legal Studies, Kyoto, Japan, October 1998
Waseda University, Tokyo, Japan, October 1998
University of Tokyo, Japan, October 1998

Presenter, Criminal Forfeiture and Plea Bargaining, Notre Dame Law School Colloquium, February 1996
Speaker, Reexamining Lopez: Criminal Caseloads and the Commerce Clause, Case Western Reserve Law School symposium, “The New Federalism After United v. Lopez", November 1995
Speaker, "Prior Similar Acts in Prosecutions for Rape and Child Sex Abuse", Society for Reform of Criminal Law Conference, Reform of Evidence, Vancouver, British Columbia, July 1992
Criminal Law Conference, Reform of Evidence, Vancouver, British Columbia, July 1992
Presenter, Looking for Law in All the Wrong Places: Ethical Restrictions on Attorney Subpoenas,

University of Michigan Law School, Faculty Workshop, December 1992
Wayne State University School of Law, Faculty Workshop, October 1992
University of Kentucky, Randall-Park Faculty Colloquium, February 1991

Speaker, The Effect of Financing Systems on the Adequacy of Counsel Provided to Indigent Defendants in Capital Cases, with Arthur Stock, Society for the Reform of Criminal Law Conference on Race, Class, and Gender, Edinburgh, Scotland, August 1990

Professional and Scholarly Memberships, Awards

American Law Institute
Order of the Coif
Phi Beta Kappa
Duke Bar Association, teacher of the year, 1989
Henry M. Bates Memorial Scholarship to five outstanding members of graduating law school class, 1974
Michigan Law Review, 1972-1974, Note Editor, 1973-1974

Other Activities

Reporter, Judicial Conference Advisory Committee on Criminal Rules (2005 to present).
Member, Advisory Committee, Journal of Legal Education, 2005-present.
Member, American Bar Association, Criminal Justice Standards Committee, 2002-05.
Member, Board of Advisers, Ohio State Journal of Criminal Law, 2002-present.
Society for the Reform of Criminal Law, Board of Directors, 2001-present.
Chair, Planning Committee, American Association of Law Schools (AALS) New Law Teachers Workshop, 2001-2002, Chair, Planning Committee, AALS Workshop on Criminal Justice, 1999-2000.
Criminal Law Advisory Board, JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY, 1995-present.
Member, Task Force on Federalization of Crime, Criminal Justice Section, American Bar Association, 1997-1998.
Reporter, Three Branch Working Group on the Principles to Govern the Federalization of Criminal Law, convened by Attorney General Janet Reno, March 1994-95 (includes federal and state legislators, prosecutors and correctional officials, and judges).
American Association of Law Schools (AALS), Sections and Annual Meeting Committee, 1998-2000; Professional Development Committee 1994-97; Curriculum Committee, 1990-92.
Member, Practitioner Reading Committee ("The Lee Committee"), Advisory to American Bar Association Standing Committee on the Federal Judiciary, 1990-1994 (reviewed opinions of Supreme Court nominees Souter, Thomas, Ginsburg, and Breyer).
American Association of Law Schools (AALS), Sections and Annual Meeting Committee, 1998-2000; Professional Development Committee 1994-97; Curriculum Committee, 1990-92.
Member, Presidential Review Committee, Duke University, 2007.
Member, Law School Dean Search Committee, Duke University, 2006.
Vice Chair, Presidential Search Committee, Duke University, 2003.
Academic Priorities Committee, Duke University, 1998-2001, 1989-92 (university-wide committee of senior faculty that advises the provost on priorities for all academic units.
Consultant, National Conference of Bar Examiners, Content Validity Study of the MultiState Bar Exam, 1992.
Associate Reporter, Workload Subcommittee of Federal Courts Study Committee, 1989-1990.
Member, Presidential Search Committee, Duke University, 1992.
Executive Committee, Academic Council Duke University (university-wide faculty senate) 1985-1987, Vice Chair, 1986-1987.
Board of Directors, Senior PharmAssist, 2001-2006; vice president, 2004-2006; interim president, 2004.
Trustee, Durham County Hospital Corporation, 1990-1996, secretary, 1991-93, vice chair, 1993-94, chair 1994-1996.