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Tung Yin

Professor of Law

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    Copyright, Steve Hambuchen

Legal Research Center

Tung Yin joined the Lewis & Clark Law School faculty in 2009. Before that, he taught for seven years at The University of Iowa College of Law, where was most recently professor and Claire Ferguson Carlson Faculty Fellow; practiced law from 1998-2002 with Munger Tolles & Olson LLP in Los Angeles, where he specialized in white collar corporate criminal defense and employment law. He clerked for the late Hon. Edward Rafeedie, U.S. District Court for the Central District of California, the late Hon. William J. Holloway, U.S. Court of Appeals for the Tenth Circuit, and the Hon. J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school at the University of California, Berkeley, he was a Notes and Comments Editor of the California Law Review and a member of the Moot Court Board.

Yin’s academic research focuses primarily on national security and terrorism law, and has ranged from legal issues arising out of indefinite military detention of suspected terrorists at Guantanamo Bay, to race and religion and the perception of terrorism, to drone terrorism, and more. His scholarship has been cited in judicial opinions from the U.S. Court of Appeals for the Fifth and Ninth Circuits, the Florida and Georgia Supreme Courts, and other lower state and federal trial courts.

He frequently provides commentary for local and national media on high-profile criminal matters, including news outlets such as The Wall Street Journal, The Los Angeles Times, Associated Press, The New York Daily News, Bloomberg News, The National Law Journal, The Oregonian, Bloomberg Radio, Oregon Public Broadcasting, KEX News, KXL News, KPAM News, “The Lars Larson Show,” “The Terry Boyd Show,” “The Mark and Dave Show,” and the local news affiliates for ABC, CBS, NBC, and Fox. He also writes about running for the Run Oregon blog.

Specialty Areas & Course Descriptions

Academic Credentials

  • B.S., 1988, California Institute of Technology
  • M.J., 1992, University of California, Berkeley
  • J.D., 1995, University of California, Berkeley (Order of the Coif)

Bibliography

Works Published As Part of a Collection

  • National Security Lies, 55 Houston Law Review___ (2018) (forthcoming).
  • Justice Scalia as Neither Friend Nor Foe to Criminal Defendants, 50 Akron Law Review 269 (2017) [Symposium].
  • Game of Drones: Defending Against Drone Terrorism, 2 Texas A&M Law Review 635 (2015) [Symposium] [39 pages].
  • Reflections on My Short Tenure as the Iowa Law Review Advisor, 100 Iowa Law Review 1383 (2015) [5 pages].
  • Is Diversity Diverse Enough?, 21 Asian Am. L. J. 89 (2014) [56 pages].
  • Were Timothy McVeigh and the Unabomber the only White Terrorists?: Race, Religion, and the Perception of Terrorism, 4 Alabama Civil Rights & Civil Liberties Law Review 33 (2013) [45 pages].
  • The Death Penalty Spectacle, 3 University of Denver Criminal Law Review 165 (2013) [20 pages].
  • Ten Years of Legal Education: The Architecture of U.S. Counterterrorism Law from September 10, 2001 to the Present, 2 Elon Law Review 201 (2012).
  • Joint Terrorism Task Forces as a Window into the Security vs. Civil Liberties Debate, 13 Florida Coastal Law Review 1 (2012) [Symposium] [32 pages].
  • Ten Questions on National Security, 37 William Mitchell Law Review (Journal of the National Security Forum) 5089 (2011).
  • Broken Promises or Unrealistic Expectations?: Comparing the Bush and Obama Administrations on Counterterrorism, 20 Transnational Law & Contemporary Problems 465 (2011) [Symposium] [46 pages].
    • selected for inclusion in National Security, Civil Liberties, and the War on Terror (Darmer & Fyfel, eds., 2011) [19 pages].
  • Anything But Bush?”: The Obama Administration and Guantanamo Bay, 34 Harvard Journal of Law & Public Policy 453 (2011) [40 pages].
  • Independent Appellate Review of Knowledge of Falsity in Defamation and False Statements Cases, 15 Berkeley Journal of Criminal Law 325 (2010) [63 pages].
  • Through a Screen Darkly: Hollywood as a Measure of Discrimination Against Arabs and Muslims, 2 Duke Forum for Law and Social Change 103 (2010) [Symposium] [25 pages].
  • “I Do Not Think [Implausible] Means What You Think It Means”: Ashcroft v. Iqbal and Judicial Vouching for Government Officials, 14 Lewis & Clark Law Review 203 (2010) [Symposium] [14 pages].
  • Enforcing ICC Arrest Warrants, Vol. 31, No. 3, at 2, National Security Law Report (ABA Standing Committee on Law and National Security) (May/June 2009) [Dialogue with Capt. Keith Petty, U.S. Army JAG] [7 pages].
  • Crying Wolf?: In re Marriage Cases and Charges of Judicial Activism, 14 NeXus: A Journal of Opinion 45 (2009) [Symposium] [10 pages].
  • Boumediene and Lawfare, 43 University of Richmond Law Review 865 (2009) [Symposium] [28 pages].
  • Great Minds Think Alike: The “Torture Memo,” OLC, Law Clerks, and Sharing the Boss’s Mindset, 45 Willamette Law Review 473 (2009) [Symposium] [32 pages].
  • Distinguishing Soldiers and Non-State Actors: Clarifying the Geneva Convention’s Regulation of Interrogation of Captured Combatants Through Positive Inducements, 26 Boston University International Law Journal 227 (2008) [50 pages].
  • Jack Bauer Syndrome: Hollywood’s Depiction of National Security Law, 17 Southern California Interdisciplinary Law Journal 279 (2008) [Symposium] [22 pages].
  • Ten Questions on National Security, 34 William Mitchell Law Review (Journal of the National Security Forum) 509 (2008).
  • Enemies of the State: Rational Classification in the War on Terrorism, 11 Lewis and Clark Law Review 903 (2007) [Symposium] [39 pages].
  • Tom and Jerry (and Spike): A Metaphor for Hamdan v. Rumsfeld and the President, the Court, and Congress in the War on Terrorism, 42 Tulsa Law Review 505 (2007) [Supreme Court Review Symposium] [31 pages].
  • Blogging While Untenured and Other Extreme Sports, 84 Washington University Law Review 1235 (2007) [Symposium] [with Christine Hurt] [20 pages].
  • Structural Objections to the Inherent Commander in Chief Powers Thesis, 16 Transnational Law & Contemporary Problems 965 (2007) [Symposium] [25 pages].
  • The Impact of the 9/11 Attacks on National Security Law Casebooks, 19 St. Thomas Law Review 157 (2006) [Symposium] [42 pages].
  • Coercion and Terrorism Prosecutions in the Shadow of Military Detention, 2006 Brigham Young University Law Review 1255 (2006) [77 pages].
  • Procedural Due Process to Determine “Enemy Combatant” Status in the War on Terrorism, 73 Tennessee Law Review 351 (2006) [64 pages].
  • Dodging the Jose Padilla Case, vol. 28, no. 2, at 6, National Security Law Report (ABA Standing Committee on Law and National Security) (July 2006) [3 pages].
  • Legal Blogs and the Supreme Court Nomination Process, 11 NeXus: A Journal of Opinion 79 (2006) [10 pages] [Symposium].
  • Ending the War on Terrorism One Terrorist At a Time: A Non-Criminal Detention Model for Holding and Releasing Guantanamo Bay Detainees, 29 Harvard Journal of Law & Public Policy 149 (2005) [64 pages].
  • The Role of Article III Courts in the War on Terrorism, 13 William & Mary Bill of Rights Journal 1061 (2005) [67 pages].
  • A Government’s Trustworthiness: Beyond the USA PATRIOT Act, 8 Chicago Policy Review 1 (2004) [10 pages].
  • Disposable Deontology: The Death Penalty and Nuclear Deterrence, 55 Alabama Law Review 111 (2003) [48 pages].
  • How the Americans with Disabilities Act’s Prohibition on Pre-Offer Disability-Related Questions Violates the First Amendment, 17 Labor Lawyer 107 (2001) [36 pages].
  • The Probative Values and Pitfalls of Drug Courier Profiles as Probabilistic Evidence, 5 Texas Forum on Civil Liberties-Civil Rights 163 (2000) [50 pages].
    • adapted for Search and Seizure Law Report, vol. 28, no. 4 (2001).
  • Really, Who is Uncle Zeb?, 3 Green Bag 2d 115 (1999) [humor] [3 pages].
  • State Taxation and the Dormant Commerce Clause: The Object-Measure Approach, 1998 Supreme Court Review 193 [with Jesse H. Choper] [53 pages].
  • A Better Mousetrap: Procedural Default as a Retroactivity Alternative to Teague v. Lane and the Antiterrorism and Effective Death Penalty Act of 1996, 25 American Journal of Criminal Law 203 (1998) [105 pages].
  • Reviving Fallen Copyrights: A Constitutional Analysis of Section 514 of the Uruguay Round Agreements Act, 17 Loyola of Los Angeles Entertainment Law Journal 383 (1997) [29 pages].
    • reprinted in 1998 Intellectual Property Law Review 421.
    • First Place in 1995 Nathan Burkan Memorial Copyright Competition at Boalt Hall.
  • Nailing Jello to a Wall: A Uniform Approach for Adjudicating Insurance Coverage Disputes Involving Delayed Manifestation Damages, 81 California Law Review 1243 (1995) [comment] [65 pages].
    • reprinted in 8 National Insurance Law Review 383 (1996).
  • Not a Rotten Carrot: Using Charges Dismissed Pursuant to a Plea Agreement in Sentencing Under the Federal Guidelines, 81 California Law Review 419 (1995) [comment] [51 pages].
  • Post-Modern Printing Presses: Extending Freedom of the Press to Electronic Online Services, 8 High Technology Law Journal 311 (1993) [comment] [39 pages].

Book Chapters

  • Lawyers in Terrorism Thrillers, in Law and Justice on the Small Screen (Jessica Silbey and Peter Robson, eds.) (2012) [16 pages].
  • Supreme Court, U.S., in The Twenties in America (encyclopedia entry) (2012).
  • Supreme Court Decisions, U.S., in The Twenties in America (encyclopedia entry) (2012).
  • Supreme Court, U.S., in The Thirties in America (encyclopedia entry) (2011).
  • Civil Rights and Liberties in the United States, in The Thirties in America (encyclopedia entry) (2011).
  • The Alien-Citizen Distinction and the Global War on Terrorism, in Citizenship in a Time of War (Yoav Peled et al. eds.) (2010) (co-authored with David Abraham) [23 pages].
  • Supreme Court Decisions, U.S., in The Forties in America, at 916 (encyclopedia entry) (2010) [5 pages].
  • Civil Rights and Liberties in the United States, in The Forties in America, at 208 (encyclopedia entry) (2010) [4 pages].
  • U.S. National Security Agency is revealed to have been spying on the United Nations, in Great Events from History: Modern Scandals, at 995 (encyclopedia entry) (2009) [4 pages].
  • New York Governor Eliot Spitzer resigns after admitting to using a call-girl service, in Great Events from History: Modern Scandals, at 1167 (encyclopedia entry) (2009) [4 pages].
  • Martha Stewart is convicted, in Great Events from History: Modern Scandals, at 1031 (encyclopedia entry) (2009) [4 pages].
  • Radical author and professor Ward Churchill is fired from the University of Colorado at Boulder for plagiarism and falsification of research data, in Great Events from History: Modern Scandals, at 1111 (encyclopedia entry) (2009) [4 pages].
  • Can “Death Row Phenomenon” Be Confined to Death Row Inmates?, in Death Penalty: New Dimensions 92-121 (Areti Krishna Kumari ed. 2007) [30 pages].
  • Butler v. McKellar, in the Encyclopedia of American Civil Liberties, at 208 (encyclopedia entry) (2006) [2 pages].
  • United States v. United States District Court, in the Encyclopedia of American Civil Liberties, at 1695 (encyclopedia entry) (2006) [2 pages].
  • Terrorism and Civil Liberties, in the Encyclopedia of American Civil Liberties, at 1622 (encyclopedia entry) (2006) [5 pages].
  • Indefinite Detention, in the Encyclopedia of American Civil Liberties, at 804 (encyclopedia entry) (2006) [2 pages].
  • U.S. v. The Progressive, in the Encyclopedia of American Civil Liberties, at 1694 (encyclopedia entry) (2006) [2 pages].
  • National security and sovereignty, in Ethics, at 1003 (Rev. Ed. 2004) (encyclopedia entry) [3 pages].

Book Reviews

  • Review of Alan M. Dershowitz, Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11, in vol. 34, National Security Law Report, at 13 (Winter 2010) [3 pages].
  • Review of Ben Saul, Defining Terrorism in International Law, in 101 American Journal of International Law 938 (2007) [4 pages].
  • A Carbolic Smoke Ball for the Nineties: Class-Based Affirmative Action, 31 Loyola of Los Angeles Law Review 213 (1997) [Review of Richard D. Kahlenberg, The Remedy] [48 pages].
  • Review of Janet Lowe, The Secret Empire: How 25 Multinationals Rule the World, 11 International Tax & Business Lawyer 241 (1993) [6 pages].

Legal Commentary

  • Security Screening: Science or Sorcery, JURIST - Academic Commentary, Apr. 13, 2015.
  • Embassy Bomber Faces Justice: What Do These Cases Say About Terrorism Prosecutions?, JURIST - Academic Commentary, Feb. 20, 2015.
  • Donald Sterling and Bad Things Said in “Private,” JURIST - Forum, June 30, 2014.
  • Oversight Board May Lead to Surveillance Changes, JURIST - Forum, Feb. 12, 2014.
  • Is Edward Snowden Guilty of US Espionage Charges, JURIST - Forum, July 16, 2013.
  • Eric Holder: Prosecutorial Discretion and Extrajudicial Deaths, JURIST - Forum, Sept. 26, 2012.
  • Hedges v. Obama: Defining ‘Covered Persons’ Under the NDAA, JURIST - Forum, May 28, 2012.
  • Objecting to Secret Evidence Under FISA, JURIST - Forum, Feb. 24, 2012.
  • Executive Detention and the Presumption of Regularity, JURIST - Forum, Dec.10, 2011.

Newspaper Editorials

  • Hollywood’s sexual-abuse double standard, Oregon Live, Aug. 1, 2015.
  • A limited case for capital punishment, Oregon Live, Mar. 7, 2015.
  • Analyzing Penn State’s punishment through the lens of criminal justice, The Oregonian, July 25, 2012 (the Stump).
  • Targeted attacks on U.S. citizens: Holder leaves tough questions unanswered, The Oregonian, Mar. 10, 2012 (the Stump).
  • Battlefield boundaries: A sober review of the National Defense Authorization Act, The Oregonian, Dec. 19, 2011 (the Stump).
  • The occupy movement: Why do numbers fall short for the “99 percent”?, The Oregonian, Nov. 15, 2011, at B__.
  • Why Portland should rejoin the terror task force, The Oregonian, Feb. 15, 2011, at B9.
  • Acceptable, unacceptable uses of non-retention, Iowa City Press-Citizen, Nov. 7, 2010, at 7A.
  • Let’s not fool ourselves about Social Security’s future, The Oregonian, Nov. 1, 2010, at A13.
  • ACLU’s position on religious garb for teachers is counter to its underlying principles, The Oregonian, Feb. 21, 2010 (the Stump).
  • When war model gets applied to non-state actors, Iowa City Press-Citizen, July 21, 2007, at 17A (reviewing Poems from Guantanamo: The Detainees Speak)
  • Military recruiting on campus and the Solomon Amendment, Harvard Record, Feb. 9, 2006, at 8.
  • The case of Roberts v. Clinton, Iowa City Press-Citizen, Sept. 29, 2005, at 9A.
  • Enemy of the People?, Iowa City Press-Citizen, Sept. 18, 2005, at 11A.
  • If rules had been followed, Hamm still topples Yang, Iowa City Press-Citizen, Aug. 29, 2004, at 11B.
  • A justice’s contempt for rule of law, Iowa City Press-Citizen, Aug. 20, 2003, at 11A.
  • What Will We Do If Saddam Is Captured?, Iowa City Press-Citizen, Mar. 21, 2003, at 9A.
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Tung Yin’s office is located in room 224 of Legal Research Center.

email

voice 503-768-6772

Tung Yin Professor of Law

Lewis & Clark Law School 10015 S.W. Terwilliger Boulevard MSC 51 Portland OR 97219 USA

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