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Kathryn Urbonya
Professor of Law
Degrees
J.D., M.A., North Dakota B.A., Beloit College
Areas of Specialization
Civil Rights; Constitutional Law; Constitutional Law--Constitutional Tort Litigation; Criminal Procedure.
Representative Professional Activities & Achievements
Joined the faculty in 1997. Clerked for Justice Gerald W. VandeWalle of the North Dakota Supreme Court and Judge G. Ernest Tidwell of the U.S. District Court for the Northern District of Georgia. Taught at Georgia State University School of Law.
Author of articles in the American Bar Association Journal, American Bar Association E-Report, American Criminal Law Review, Cornell Journal of Law & Public Policy, Criminal Law Practice Review, George Washington Law Review, Hastings Constitutional Law Quarterly, and Washington & Lee Law Review. Co-author of Section 1983 Litigation.
Served as Chair of the Association of American Law Schools Civil Rights Section.
Professor Urbonya's publications
Books
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Co-author of monograph, Section 1983 Litigation 1 (Fed. Judicial Ctr. 1998).
Articles
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Fourth Amendment Federalism? The Court's Vacillating
Mistrust and Trust of State Search and Seizure Laws, 35 Seton Hall L. Rev. 911 (2005), reprinted in Sword and Shield (3d ed. 2006).
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Rhetorically Reasonable Police Practices: Viewing the Court's Multiple Discourse Paths, 40 Am. Crim. L. Rev. 1387 (2003), reprinted in 32 Search & Seizure L. Rep. 1 (2005).
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Symposium Issue, A Fourth Amendment "Search" in the Age of Technology: Postmodern Perspectives, 72 Miss. L.J. 447 (2002).
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Determining Reasonableness Under the Fourth Amendment: Physical Force to Control and Punish Students, 10 Cornell J.L. & Pub. Pol'y 397 (2001).
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Public School Officials' Use of Physical Force as a Fourth Amendment Seizure: Protecting Students from the Constitutional Chasm Between the Fourth and Fourteenth Amendments, 69 Geo. Wash. L. Rev. 1 (2000).
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Fourth Amendment Issues in Section 1983 Litigation, 15 Touro L. Rev. 1623 (1999).
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Dangerous Misperceptions: Protecting Police Officers, Society, and the Fourth Amendment Right to Personal Security, 22 Hasting Const. L.Q. 623 (1995) (lead article), reprinted in Sword and Shield 259 (1998).
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Interlocutory Appeals from Orders Denying Qualified Immunity: Determining the Proper Scope of Appellate Jurisdiction, 55 Wash. & Lee L. Rev. 3 (1998).
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Accidental Shootings as Fourth Amendment Seizures, 20 Hastings Const. L.Q. 337 (1993), reprinted in 9 Civil Rights Litigation and Attorney Fees Annual Handbook 99 (1993); 20 Search & Seizure L. Rep. 153 (Oct. 1993) (summary); 6 Crim. L. Prac. Rev. 101 (1994).
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The Constitutionality of High-Speed Pursuits Under the Fourth and Fourteenth Amendments, 35 St. Louis U. L.J. 205 (1991) (lead article), reprinted in 4 Crim. L. Prac. Rev. 237 (1992), reprinted in 7 Civil Rights Litigation and Attorney Fees Annual Handbook 57 (Steven Saltzman & Barbara Wolvovitz eds., 1991).
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Problematic Standards of Reasonableness: Qualified Immunity in Section 1983 Actions for a Police Officer's Use of Excessive Force, 62 Temp. L. Rev. 61 (1989), reprinted in 5 Civil Rights Litigation and Attorney Fees Annual Handbook 175 (Barbara Wolvovitz ed., 1989).
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Establishing a Deprivation of a Constitutional Right to Personal Security Under Section 1983: The Use of Unjustified Force by State Officials in Violation of the Fourth, Eighth, and Fourteenth Amendments, 51 Alb. L. Rev. 173 (1987), reprinted in 5 Civil Rights Litigation and Attorney Fees Annual Handbook 29 (Barbara Wolvovitz ed., 1989).
Other
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Court to Weigh Immunity for Prison Officials: Guards Make Claim in Suit over Tying Inmate to Hitching Post, A.B.A. J. E-Rep., Apr. 5, 2002, at 4.
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Barriers to Bust Stops, A.B.A. J. E-Rep., Mar. 29, 2002, at 9.
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Schools Tested on Drug Screening, A.B.A. J. E-Rep., Feb. 1, 2002, at 7.
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The Fourth Frontier: With No Clear Path Proposed, Court Takes on Two More Police Powers Cases, A.B.A. J., Sept. 2001, at 36.
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Curbside Justice: Court Gives Police the Green Light to Arrest for Minor Offenses, A.B.A. J., June 2001, at 38.
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Forcing the Issue: Activist Veterinarian Seeks Rights for Arrestees as Well as Criminals, A.B.A. J., Mar. 2001, at 34.
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Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, 16 Touro L. Rev. 811 (2000).
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Projecting an Image: Court to Decide if High-Tech Heat Scan is a Search Under the Fourth Amendment, A.B.A. J., Dec. 2000, at 38.
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Four on the Fourth: High Court Gets Several Chances to Elaborate on Standards for Searches and Seizures, A.B.A. J., Oct. 2000, at 32.
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You Can Run-Sometimes: But Fleeing from Police in a High Crime Area is Grounds for Justifiable Stop, A.B.A. J., Mar. 2000, at 40.
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Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, 15th Annual Section 1983 Civil Rights Litigation, 618 PLI/Lit 214 (Oct. 1999).
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Police Protection: Some Courts Say Officers Can Assert Immunity for Shootings that are an Excessive Use of Force, A.B.A. J., Apr. 1999, at 36.
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Excessive Force Case is Settled, A.B.A. J., June 1999, at 44.
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Justice on the Run, Does Fleeing from Police Provoke Reasonable Suspicion, Justifying a Seizure?, A.B.A. J., Oct. 1999, at 38.
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Pleading the Fourth; Plaintiffs May Be Able to Sue Under Seizure Law in High-Speed Chases, A.B.A. J., Sept. 1998, at 36.
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Selected Fourth Amendment Issues in Section 1983 Litigation, 14th Annual Section 1983 Civil Rights Litigation, 596 PLI/Lit 65 (Nov. 1998).
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Fourth Amendment: Selected Supreme Court Developments, 14th Annual Section 1983 Civil Rights Litigation, 596 PLI/Lit 59 (Nov. 1998).
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The Fishing Gets Easier: Police Gain More Latitude in Traffic Stops, and Other Powers Could Be on the Way, A.B.A. J., Jan. 1997, at 46.
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Interlocutory Appeals in Federal Court from Orders Denying Qualified Immunity, Section 1983 Civil Rights Litigation, 568 PLI/Lit 909 (June 1997).
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"Separate But Equal" Revisited, A.B.A. J., Feb. 1996, at 44.
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Qualified Immunity from Damages, Section 1983 Civil Rights Litigation and Attorneys' Fees, 531 PLI/Lit 235 (1995).
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Shakespeare's Sonnet 29: An Aspectual Analysis, 17 Language & Style 161 (1984).
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Note, No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes the Paternal from the Parental Right to Name a Child, 58 N.D. L. Rev. 793 (1982).
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