tags: July 2014, Front Door Attack, Teacher Attacked school incident, faculty victim, home attack, suspect sought, Jewish Victims, Forward
1 killed: Assassination of Florida Law Professor July 18, 2014 Florida State University law professor dies in home invasion shooting Tallahassee Democrat Dan Markel, a well-known Jewish Florida State law professor and author, died at the age of 41 after being shot at his front door in his home in an apparent botched robbery (cover story for assassination motive).
Markel's articles, essays and writings have been displayed in top law reviews and his opinion pieces have been featured in the New York Times, Slate and The Atlantic. In 2009, he published a book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties. He also ran a popular blog about law called Prawfs Blawg. Raised in Toronto, Markel graduated from Harvard College in 1995 and later received his masters from the University of Cambridge before graduating from Harvard Law School in 2001. His teaching career at Florida State dates back to 2005, according to his website. Since then, his teaching has been in criminal law with focuses on a variety of other topics such as the death penalty and punitive damages.
Dan MarkelD'Alemberte Professor of LawFSU College of Law 425 W. Jefferson St. #302 Tallahassee, FL 32301 Prawfsblawg.blogs.com markel@post.harvard.edu |
Books
- PRIVILEGE OR PUNISH? CRIMINAL JUSTICE AND THE CHALLENGE OF FAMILY TIES (Oxford 2009) (with Jennifer M. Collins and Ethan J. Leib) (PDF available on SSRN).
Scholarship
- Making Punishment Safe for Democracy: A Reply to Professors Bowers, Cahill & Duff, 1 VA. J. CRIM. L. 205 (2012).
- Retributive Justice and the Demands of Democratic Citizenship, 1 VA. J. CRIM. L. 1 (forthcoming 2012) (draft available on SSRN) (invited keynote article with responses by Professors Bowers, Cahill & Duff).
- Revisiting the Taxation of Punitive Damages, 97 VA. L. REV. IN BRIEF 73-82 (2011) (with Gregg D. Polsky) (reply to responses by Prof. Larry Zelenak and Paul Mogin).
- Beyond Experience: Getting Retributive Justice Right, 99 CAL. L. REV. 605-628 (2011) (with Chad Flanders and David Gray).
- What Might Retributive Justice Be?, RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY 49-72 (ed. Mark White, Oxford University Press, 2011).
- Overcoming Tradeoffs in the Taxation of Punitive Damages, 88 WASH. U. L. REV. 609-659 (2011).
- Taxing Punitive Damages, 96 VA. L. REV. 1295-1360 (2010) (with Gregg D. Polsky).
- A Judge for Justice, 43 ARIZ. ST. L.J. 57 (2011) (invited celebration essay).
- Review, Allen & Laudan's Deadly Dilemmas, JOTWELL, September 15, 2010.
- May Minors Be Retributively Punished after Panetti (and Graham)?, 23 FEDERAL SENTENCING REPORTER 62-66 (2010) (invited essay).
- Bentham on Stilts? The Bare Relevance of Subjectivity to Retributive Justice, 98 CAL. L. REV. 907-988 (2010) (with Chad Flanders).
- Rethinking Criminal Law and Family Status, 119 YALE L.J. 1864-1903 (2010) (with Ethan J. Leib and Jennifer M. Collins).
- Punitive Damages and Private Ordering Fetishism: A Reply to Professors Krauss and Owen, 158 U. PA. L. REV. PENNUMBRA 283-304 (2010).
- (When) Should Family Status Matter in the Criminal Justice System?, 13 NEW CRIM. L. REV. 151-75 (2010) (with Ethan J. Leib and Jennifer M. Collins).
- Executing Retributivism: Panetti and the Future of the Eighth Amendment, 103 NORTHWESTERN U. L. REV. 1163 (2009).
- How Should Punitive Damages Work?, 157 U. PA. L. REV. 1383 (2009).
- Voluntarism, Vulnerability, and Criminal Law: A Reply to Professors Hills and O'Hear, 88 B.U. L. REV 1449 (2008) (with Ethan J. Leib and Jennifer M. Collins).
- Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction, 94 CORNELL L. REV. 239 (2009).
- Punishing Family Status, 88 B.U. L. REV 1327 (2008) (with responses by Roderick Hills and Michael O'Hear, and a reply) (with Ethan J. Leib and Jennifer M. Collins).
- Wrong Turns on the Road to Alternative Sanctions: Reflections on the Future of Shaming Punishments and Restorative Justice, 85 TEX. L. REV. 1385 (2007).
- Criminal Justice and the Challenge of Family Ties, 2007 U. ILL. L. REV. 1147 (with Jennifer M. Collins and Ethan J. Leib).
- Connectedness and Its Discontents: The Difficulties of Federalism and Criminal Law, 4 OHIO ST. J. CRIM. L. 573 (2007) (peer-reviewed); an earlier draft appeared at 155 U. PA. L. REV. P. 38 (2006).
- State, Be Not Proud: A Retributivist Defense of the Commutation of Death Row and the Abolition of the Death Penalty, 40 HARV. CR-CL L. REV. 407 (2005).
- Against Mercy, 88 MINN. L. REV. 1421 (2004).
- Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate, 54 VANDBERBILT L. REV. 2157 (2001).
- The Justice of Amnesty? Towards A Theory of Retributivism in Recovering States, 49 U. TORONTO L.J. 389 (1999) (peer-reviewed journal).
- Note, Can Intellectual Property Law Regulate Behavior? A 'Modest Proposal' for Weakening Unclean Hands, 113 HARV. L. REV. 1503 (2000).
- Recent Case, United States v. DeZarn, 112 HARV. L. REV. 1783 (1999).
- Review Essay, Ethics and Authority in International Law, 10 EUROPEAN J. INT'L L. 200 (1999) (peer-reviewed journal).
Popular Writing:
- Op-ed, What if Fans Could Have Paid Jeremy Lin to Stay in New York, The Atlantic, July 23, 2012 (with Howard Wasserman).
- Op-ed, Bowling, As Bail Condition, NY Times, July 13, 2012 (with Eric J. Miller).
- Op-ed, The Benefits of Free, The Forward, June 29, 2012.
- Op-ed, Playing Double Jeopardy, Slate, June 19, 2012 (with Ethan J. Leib).
- Op-ed, Fire the Bail Bondsmen, Slate, June 19, 2012 (with Eric J. Miller).
- Op-ed, Damages Control, NY Times, July 1, 2010 (with Gregg D. Polsky).
- The Duty to Rescue and the Registry for Caregivers, NY Times Freakonomics Blog, July 17, 2009.
- Sentencing Discounts for Parents? NY Times Freakonomics Blog, July 15, 2009.
- When the Fugitive is a Family Member, NY Times Freakonomics Blog, July 13, 2009.
- "Family Values" and the Law, NY Times Freakonomics Blog, July 9, 2009.
- Review, The Indispensable Berman on Booker, PrawfsBlawg, June 26, 2006.
- Cited as persuasive authority in United States v. Kandirakis, 441 F. Supp. 2d 282 (D. Mass. 2006).
- Essay, Redemption-Based Clemency for Stanley "Tookie" Williams: The Right Action for the Wrong Reason, Findlaw, Dec. 9, 2005.
- Essay, Innocents Lost: Who Needs David Gale When You've Got Ruben Cantu, Slate, Nov. 29, 2005, reprinted in part in Dallas Morning News, Dec. 4, 2005.
- Book Review, Summers's Hailstorm (Richard Bradley, Harvard Rules, and Ross Gregory Douthat, Privilege), The Jerusalem Post, Sept. 8, 2005.
- Book Review, A Woman of Valor (Deborah E. Lipstadt's History on Trial: My Day in Court with David Irving), The Jerusalem Post, Mar. 18, 2005.
- Book Review, The Dying Art of Advocacy (Joel Seidemann's In the Interest of Justice: Great Opening and Closing Arguments of the Last 100 Years), The Jerusalem Post, Jan. 23, 2005.
- Humiliation is simply wrong, USA Today, Opposing Editorial, Sept. 1, 2004
- Essay, Dirty Shame: The Ninth Circuit's dangerous endorsement of shaming punishments, The New Republic, Aug. 17, 2004.
- Essay, Granting Patents Can Foster Crime, National Law Journal, Sept. 25, 2000.
- Review, The Impertinence of Being Earnest, THE GLOBE AND MAIL, Oct. 2, 1999.
Legal Briefs:
Media Appearances:
- Richard Luscombe, George Zimmerman appears briefly in court, The Guardian, April 12, 2012.
- John Schwartz, Severe Charge, With a Minimum Term of 25 Years, N.Y. Times, April 11, 2012.
- Emily Bazelon, Shame on You!, Slate, February 22, 2012.
- Emily Yoffe, Brotherly Love, Slate, February 16, 2012.
- Jeff Zeleny & Richard A. Oppel, Jr., Perry Proposes Overhaul of Washington, The New York Times, November 15, 2011.
- Gary Marx & David Jackson, State Targets Relatives Who Aid Fugitives, Chicago Tribune, Nov. 11, 2011.
- Alexa Tsoulis-Reay, Is Incest a Two-Way Street?, Slate, Dec. 10, 2010.
- Marcia Coyle, On Punitive Damages, A New Stance Ahead, Nat'l Law Journal, Nov. 1, 2010.
- Dan Engber, If a Siamese Twin Commits Murder, Does His Brother Get Punished, Too?, Slate, Jan 5, 2010.
- Amir Efrati, Judges Show Leniency to Military Veterans, Stirring Debate, Wall St. Journal Law Blog, Dec. 31, 2009.
- Clyde Haberman, Is 150 Years Appropriate, or Just Silly?, New York Times, July 3, 2009.
- Ashby Jones, Go Directly to . . . Authorship? More on Judge Urbina's Odd Sentence, Wall St. Journal Law Blog, June 12, 2009.
- Clyde Haberman, Imparting Some Shame to Those Who Trade in Greed, New York Times, January 27, 2009.
- Jon Marcus, Obama exploits academe to staff his White House, Times Higher Education, January 22, 2009.
- Joe Lawlor, What's a Parent to Do? Escaped Convict Case Raises Questions, The Flint Journal, June 11, 2008.
- Shame and the Law, Weekday on NPR (audiofile), Feb. 20, 2008.
- John Faherty, Offenders' mugs posted to deter DUI, Arizona Republic, Dec. 3, 2007.
- Joana Dalila Santos, Humilhacoes, Sabado (Portugal newsweekly), June 28, 2007.
- Reymer Kluver, Schandlaufen vorm Supermarkt Wie US-Richter Straft?ter an den Pranger stellen, Sueddeutsche Zeitung (Germany), May 16, 2007, page 3.
- The Anthony Mazarelli Show, CBS Radio, May 8, 2007.
- Irina Peris, Alternative Sanctions, BBC Russia, October 27, 2006.
- Erica Grieder, Ingenious Punishments: Their Object All Sublime, The Economist, October 12, 2006.
- Howard J. Bashman, The Battle Over the Soul of Law Professor Blogs, The Legal Intelligencer, May 8, 2006.
- Jeremy Hay, Williams' Fate in Governor's Hands, The Press Democrat, December 4, 2005.
- Adam Liptak, After 24 Years on Death Row, Clemency Is Killer's Final Appeal, New York Times, A1, December 2, 2005.
- Darren Everson, No More Horsing Around, Slate, September 8, 2005.
- Jeff Stryker, Using Shame As Punishment: Have sex, get infamous, The San Francisco Chronicle, Sunday, March 13, 2005.
- Interview with Heidi Collins, American Morning, CNN, October 6, 2004.
- Interview with Bax & O?Brien, WAQY Radio, Springfield, MA, September 15, 2004.
- Jane Eisner, Bring back the stigma that made misbehaving a no-no, The Philadelphia Inquirer, March 21, 2004.
- Richard Louv, Welcome to the Era of the Global Pillory, The San-Diego Union-Tribune, September 29, 2002.
Education:
A.B. Harvard College; Dorot-Harvard Fellow in Jerusalem; M.Phil., U. of Cambridge; J.D., Harvard Law School.
Dan Markel
*Islam
- Leon Wieseltier's shrewd assessment of Noah Feldman's latest NYTMag piece. My favorite line from Leon's essay: "I do not want The New York Times to become the voice of moderate Judaism, or of any Judaism. I want only that liberals desist from granting Muslims a reprieve from the rigors of liberalism." Another lively excerpt after the jump.
[Feldman] compares Islamic law to nothing less than "the American constitutional balance of powers." Philadelphia! But hold on. Reading Feldman's analysis, sharia begins to look rather unlike an apotheosis of progressive state-building. For the term "connotes a connection to the divine, a set of unchanging beliefs and principles that order life in accordance with God's will." It "is best understood as a kind of higher law." It is "a legal system in which God's law sets the ground rules." Political legitimacy in a regime of sharia is conferred not by the rulers or the ruled, but by "the scholars," who interpret--which is to say, invent--God's will, and appoint themselves: "judicial authority came from the caliph, but the law came from the scholars." In sum, a dictatorship of divines: malign or benign, but a dictatorship. (Today's Islamism does away with the scholars as "the constitutional balance to the executive," but demands "Islamic judicial review" of all legislation.) It may be that "shariah aspires to be a law that applies equally to every human being," but Feldman says little or nothing about its treatment of women and non-Muslims, or about the law of jihad.
*Jewish
Jewish Daily Forward
Jewish Telegraphic Agency
www.tabletmag.com
*sources
More details are beginning to emerge in the weekend death of Dan Markel, D’Alemberte Professor of Law at Florida State and the founder of PrawfsBlawg, as the result of a shooting in his home: Tallahassee police say that Dan was shot in the head and that the shooting was not "a random act" or connected with any burglary or robbery but instead was a "murder" as the result of a targeted attack.
- ABA Journal, Law Prof’s Shooting Wasn’t a Burglary Gone Bad; He Was ‘Intended Victim,’ Police Say
- ABA Journal, Shooting Death of Law Prof Who Founded PrawfsBlawg Is Investigated as Homicide
- ABC News, Police Baffled by FSU Professor's Fatal Shooting
- Above the Law, A Prominent Law Professor Is Shot At Home And Killed
- Canadian Press, Toronto-Born Professor Shot in Fla. Targeted: Police
- CBS, Police Declare Florida Law Professor Dan Markel "Intended Victim" in Shooting
- Capitol News Service, Law School Slaying
- CTV, Toronto-raised Law Professor 'Intended Victim' of Florida Shooting
- Globe and Mail, Slain Canadian Law Professor a Victim of Targeted Attack, Florida Police Say
- Jewish Telegraphic Agency, Florida State U. Prof Dan Markel Slain in Home Shooting
- Miami News Blog, FSU Professor Dan Markel's Mysterious Murder Shocks Law Community
- National Law Journal, Slain FSU Law Professor Mourned as Police Investigate
- New York Times, Police Seek Clues in Fatal Shooting of Widely Known Criminal Law Professor in Florida; Dan Markel’s Death Reverberates Among Legal Scholars
- Tallahassee Democrat, Dan Markel Died From Gunshot Wound to the Head
- Tallahassee Democrat, Dan Markel 'Intended Victim' of Fatal Shooting
- Tallahassee Democrat, Tallahassee Police Department Chief DeLeo Calls Markel Shooting a 'Murder'
- Toronto Star, Toronto-born Law Professor Dan Markel Gunned Down at His Florida Home
- WFSU Tallahassee, FSU Law Professor's Shooting Death Not Random: 'He Was The Intended Victim'
I have collected links to the many tributes to Dan here.
etails Begin to Emerge in Murder of Dan Markel - TaxProf ...
taxprof.typepad.com/taxprof.../details-begin-to-emerge-.ht...
TaxProf Blog
TaxProf Blog: Death of Dan Markel (1972-2014)
taxprof.typepad.com/taxprof_blog/2014/07/death-of.html
TaxProf Blog
Florida State U. prof Dan Markel slain in home shooting - JTA
www.jta.org/.../florida-state-u-law-professor-...
Jewish Telegraphic Agency1 day ago - Dan Markel, a law professor at Florida State University, died after being ...German Jewish leader: Don't be intimidated by anti-Semitic protests ...
Dan Markel's Meaningful Life Ends in Senseless Death ...
forward.com/.../dan-markels-meaningful-life-e...
The Jewish Daily Forward
Florida Law Professor Dan Markel Was 'Intended Victim' in ...
forward.com/articles/202472/
The Jewish Daily Forward
Tallahassee Police Chief Michael DiLeo called the Friday killing a “murder” in a Monday press release. He said the killing was not “a random act” and was not connected with any burglary or robbery, easing the fears of neighbors who feared a home invader on the loose.
Investigators did not offer any possible motive for the crime or say if there were any suspects.
“TPD will work tirelessly to follow up on all leads and evidence in this case,” DeLeo said. “Our thoughts and prayers are with the Markel family as they endure this terrible tragedy. My investigators will do everything they can to see those responsible for this murder are brought to justice.”
His estranged wife, also a law professor, was said to be distraught at the news and cooperating with the investigation.
The Jewish Florida State University College of Law professor was at home when neighbors heard a loud bang Friday morning.
Read more: http://forward.com/articles/202472/florida-law-professor-dan-markel-was-intended-vict/#ixzz38ENxadtM
Law Professor Dan Markel Killed by Gunshot to Head ...
forward.com/articles/202598/
The Jewish Daily Forward
Florida Law Professor Dan Markel Found Shot Dead in ...
forward.com/.../florida-law-professor-dan-mar...
The Jewish Daily Forward
Adrienne's Corner: Breaking: Dan Markel, Florida State Law ...
adriennescatholiccorner.blogspot.com/.../breaking-dan-markel-florida-st...
21 hours ago - According to an email sent out by the school to students, Dan Markelwas taken to the hospital after being shot Friday. He died from his injuries ...Death of Dan Markel (1972-2014)
en.actu.net/p/death-of-dan-markel-19722014
Dan Markel, D'Alemberte Professor of Law at Florida State and the founder of ... wasshot during an attempted robbery in his home in Tallahassee on Friday and... -
More images for dan markel shooting
FSU law professor dies in shooting | FSView | fsunews.com
www.fsunews.com/article/.../140719001
FSView & Florida Flambeau20 hours ago - A Florida State University law professor was shot and killed Friday. ...FSU Professor of Law Dan Markel was taken to the hospital after being ...Toronto-raised law professor shot dead in Florida | Toronto ...
www.thestar.com/.../torontoraised_law_professor_shot_dead...
Toronto Star15 hours ago - Dan Markel, father of two and law professor at Florida State University, was shot at his house in Tallahassee on Friday, according to media ..."Toronto-raised law professor shot dead in Florida; Dan ...
www.lawblogs.net/.../toronto-raised-law-professor-shot-dead-in-florida-d...
6 hours ago - "Toronto-raised law professor shot dead in Florida; Dan Markel, father of two and law professor at Florida State University, was shot at his ...Police investigate fatal shooting of law professor - Sarasota ...
www.heraldtribune.com/article/.../307209849
Sarasota Herald‑Tribune1 hour ago - Police investigate fatal shooting of law professor ... Donald Weidner told faculty and staff that Dan Markel died early Saturday after being "fatally ...FSU law highbrow shot and killed in Tallahassee
www.flnewsfeed.com/.../fsu-law-professor-shot-and-killed-in-tallahassee/
17 hours ago - Photo Credit: Florida State University Law School Dan Markel Dan Markel Posted: Saturday, Jul 19, 2014 5:04 pm | Updated: 9:32 pm, Sat Jul
Dan Markel, RIP - The Washington Post
www.washingtonpost.com/news/.../dan-markel-rip/
The Washington Post
TaxProf Blog: Death of Dan Markel (1972-2014)
taxprof.typepad.com/taxprof_blog/2014/07/death-of.html
TaxProf Blog
TPD Investigating FSU Law Professor's Death as a Homicide
www.wctv.tv/.../BREAKING-Police-Investigate-Shooting-on-Tres...
WCTV
BREAKING: FSU Prof Shot and Killed
www.thecollegefix.com/post/18468/
PrawfsBlawg: We Have Lost Our Beloved Friend, Dan Markel
prawfsblawg.blogs.com/.../we-have-lost-our-beloved-friend-dan-markel....
Tallahassee: White FSU Law Professor, Dan Markel, Shot ...
nicholasstixuncensored.blogspot.com/.../tallahassee-white-fsu-law-profes...
Dan Markel | Just Security
justsecurity.org/13086/dan-markel/
In Memoriam: Dan Markel (1972-2014) - Brian Leiter's Law ...
leiterlawschool.typepad.com/.../in-memoriam-dan-markel-1972-2014.ht...
Saturday, July 19, 2014
In Memoriam: Dan Markel (1972-2014)
I am very sorry to report the horrible news that Professor Markel, a well-known criminal law scholar and theorist at Florida State, has died, apparently murdered during an attempted robbery of his home in Tallahassee on Friday. (The details are unclear at this point, I will post more as soon as I know more.)
UPDATE: This news item confirms that he was shot and died of the gunshot wound. The circumstances of the shooting and the perpetrator remain unspecified.
ANOTHER: From what colleagues at FSU tell me, Prof. Markel was murdered after opening the door of his home, though whether as part of a robbery or something else is unclear. It's just ghastly.
AND ANOTHER: His colleagues at PrawfsBlog have posted a memorial notice, and the thread is open for remembrances and condolences.
MORE: Local police have confirmed they are investigating the crime as a homicide, without any mention of robbery, attempted or otherwise.
http://ninjapundit.blogspot.com/2014/07/florida-professor-dan-markel-killed-in.html
No comments:
Post a Comment