GERALD CAPLAN Pacific/McGeorge School of law University of the Pacific 3200 Fifth Avenue Sacramento, CA 95817 916-739-7251 gcaplan@pacific.edu CURRENT POSITION Professor of Law, University of Pacific, McGeorge School of Law (1992- ) PRIOR EMPLOYMENT 1992-present Dean and Professor of Law, University of Pacific, McGeorge School of Law (Dean, 1992-2001) 1991-1992 Deputy Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, D. C. 1977-1992 Professor of Law, National Law Center, George Washington University 1986-1987 Director, Philadelphia Police Performance Study Commission (Chaired by Dean Robert McKay, New York University Law School) 1982 Acting President, Legal Services Corporation (staff complement of 200; annual budget of $240 million) 1973-1977 Director, National Institute of Justice, U.S. Dept. of Justice (staff complement of 100; annual budget $40 million) 1971-1973 Professor of Law, Arizona State University 1970-1971 General Counsel, District of Columba Police Department 1969 Senior Researcher, Law Enforcement Group, Urban Institute, D.C. 1968-1969 General Counsel, Law Enforcement Assistance Administration, U.S. Dept. of Justice 1968 Executive Assistant, Director of Public Safety, District of Columbia 1967 Staff, White House Task Force on Crime 1967 Chief, Planning and Research, Legal Services Program, Office of Economic Opportunity 1965-1967 Staff Attorney, President's Commission on Law Enforcement and Administration of Justice 1964-1965 Assistant U.S. Attorney, District of Columbia
Gerald Caplan Page 2 EDUCATION Undergraduate: Northwestern University, B.A. (1959) Graduate: Northwestern University, M.A., Political Science (1960) Northwestern University, J.D. (1963) (Honors: Order of the Coif; Editor, Law Review; Hardy Scholar; Lowden-Wigmore Moot Court Prize) Falk Fellow, Yale University, Political Science Dept. (1963-1964) Senior Guggenheim Fellow, Yale Law School (Spring semester, 1984) PROFESSIONAL ASSOCIATIONS & ACTIVITIES Admitted Illinois, Florida, and D.C. Bars Member, Criminal Justice Council, American Bar Association (1972-1976) Director, Law Enforcement Rulemaking Project (Ford Foundation funded, 1972-1974) Vice-Chair, American Bar Association Task Force on Crime Control (1981-1985) Board of Trustees, Vera Institute of Justice (1979-87) Consultant, U.S. Department of Justice (evaluated police use of deadly force in Los Angeles County (1979-1980) USIA Consultant on Corrections Policies, Argentina (March, 1980) Reporter, Criminal Justice Mental Health Standards, American Bar Association (1981-1983) American Ass n of Law Schools: Chair, Governmental Relations Committee, (1988-89) Reporter, Standards for Issuance of Search Warrants, American Bar Association (1988-90) Member, U.S. Court of Appeals Merit Screening Committee to Select D.C. Federal Public Defender (1989-90) Member, Board of Directors, Council for Court Excellence, Washington, D.C. (1991-96) Member, Advisory Committee, ABA Special Committee on the Drug Crisis (1991-92) Advisor, Albanian Parliamentary Constitutional Drafting Commission, sponsored by American Bar Association & U.S. Information Agency (1991)
Gerald Caplan Page 3 University of the Pacific: Member, Presidential Search Committee, 1995; Vice-Chair, Provost Search Committee, 1995; Chair, Search Committee (for Chief Financial Officer), 1996-97; Chair, University Handbook Committee, 1996-98; Member, Presidential Commission on Student Life, 1997-98; Chair, Search Committee (for Chief Information Officer), 1998 Member, Sacramento Police Department Advisory Committee, 1995-97 Chair, Ad Hoc Committee to Investigate Animal Care at the Sacramento Zoo (appointed by City Manager), 1996 Member, Advisory Board, Salvation Army (1996-98) Member, Access to Justice Working Group, California State Bar Association (chaired by Justice Earl Johnson Jr.), 1993-97 Chair, Blue Ribbon Committee to Evaluate Selected Police Policies and Practices, (appointed by City Manager), 1998) Chair, Reginald Heber Legal Services Book Award Committee, National Equal Justice Library (1998-99) Member, Board of Directors, Children s Law Center (responsible for representation inf Dependent Care litigation in Los Angeles and Sacramento,(2012- ) Member, Autism Advisory Task Force (created when Governor Brown signed Senate Bill 946 (SB 946) by Senator Darrell Steinberg. SB 946 requires the Department of Managed Health Care (DMHC) to convene this Task Force by February 1, 2012 to develop recommendations related to: 1) behavioral health treatment that is medically necessary for the treatment of individuals with autism or pervasive developmental disorder; and 2) the qualifications, training and licensure of providers who administer such treatment. The DMHC must submit a report of the Task Force to the Governor and Legislature by December 31, 2012, at which time the Task Force will cease to exist..) SELECTED PUBLICATIONS Freedom from Political Association, 56 Northwestern Univ. Law Review 777 (1962). The Making of "Natural Justice" in British Africa, 13 Journal of Public Law 120 (1964). Book Review: LaFave, Arrest, 80 Harvard Law Review 484 (1966-67). The Police Legal Advisor, Journal of Criminal Law, Criminology and Police Science (1967), reprinted by the U.S. Department of Justice. Career Inhibiting Factors: Problems of the Public Prosecutor and Defender, in the Politics of Local Justice, ed. by Klonoski and Mendelsohn (1970).
Gerald Caplan Page 4 The Case for Rulemaking by Law Enforcement Agencies, 36 Law & Contemporary Problems 500 (1971). Reflections on the Nationalization of Crime, 3 Law & the Social Order 583 (1973). Discipline, in Police Personnel Administration, ed. by Stahl and Stauffenberger (1974) (Co-author). Criminology, Criminal Justice and the War on Crime, 14 Criminology 3 (1976). Book Review: Kamisar, Police Interrogation and Confessions, National Law Journal p. 33 (Sept. 22, 1980). Editor, ABSCAM Ethics: The Moral Issues and Uses of Deception in Law Enforcement (Ballinger: 1983). Understanding the Controversy Over the Legal Services Corporation, 28 N.Y. Law Review 583 (1983). The Facts of Life about Teenage Prostitution, 30 Crime & Delinquency 69 (Jan., 1984). Miranda Revisited, 93 Yale Law Journal 1375 (1984). Questioning Miranda, 38 Vanderbilt Law Review 1417-76 (1985) excerpted in Wasserstrom & Snyder, A Criminal Procedure Anthology 268 (1996). Model Procedures for Police Interrogation (Police Executive Research Forum 1987) (Adopted by numerous law enforcement agencies). Philadelphia and Its Police: Toward a New Partnership (195 pages) (1987) (Editor and Co-author with Professor Mark Moore). Book Review: Miller & Bowman, Death by Installments, 57 George Washington Law Review 1643 (1989). The Ethics of the "Unprofessional Profession" (Review Essay), 88 Michigan Law Review 1698 (1990). Guidelines: Issuance of Search Warrants (82 pages) (American Bar Assn., 1990) (Reporter). Fostering Integrity, Local Government Police Management (3d Ed. 1991) pp. 239-71. (Co-Author, Commissioner Patrick V. Murphy). Criminal Justice in the Lower Courts: A Study in Continuity, (Review Essay) 89 Michigan Law Review 1694 (1991). Searching for Holmes Among the Biographers, George Washington Law Review 769-805 (2002).
Gerald Caplan Page 5 The Making of the Attorney General: John Mitchell and Watergate Reconsidered, 41 McGeorge Law Review311 (2009). Legal Autopsies: Evaluating and Judicial Performance Through the Window of Leading Contract Cases, Albany Law Review (2009). Medical Marijuana, A Study of Unintended Consequences, 43 McGeorge Law Review 127 (2011). CONGRESSIONAL TESTIMONY House Subcommittee on Energy and Power on the Octane Display and Disclosure Act of 1991 (June, 1991). Subcommittee on Crime, Judiciary Committee, House of Representatives (March 10, 1983). Subcommittee on Domestic & International Scientific Planning & Analysis of the Committee on Science and Technology, House of Representatives (April 1, 1975; May, 1977). New Directions for Federal Involvement in Crime Control, Workshop sponsored by Subcommittee on Crime, Judiciary Committee, House of Representatives (Dec. 1, 1976). Subcommittee on Crime, House Judiciary Committee (April 1, 1976). OPINION-EDITORIALS The Case for a National Bureau of Criminal Justice Statistics, The Criminologist (March, 1977). Why Government Alone Can't End the Crime Wave, U.S. News & World Report (April 11, 1977). Whatever Happened to the Crime 'Issue'? The Washington Post (Nov. 25, 1980). Policing Prostitution, The Washington Post (March 18, 1981). Sweet Riddance for a Sour Agency, Los Angeles Times (March 31, 1981). Abscam Wasn't Worth It, The Washington Post (May 5, 1981). Another Crime Report, New York Times (June 15, 1981). More Drugs, Less Crime, The Washington Post (June 18, 1981). Myths About the Hooker-Pimp Relationship, The Washington Post (September 13, 1981).
Gerald Caplan Page 6 The British Riots: An American View, London Daily Telegraph (1982). Should Reagan Kill Legal Services? Wall Street Journal (Dec. 9, 1982). Justices Shouldn't Take Each Fall So Hard, Wall Street Journal (October 2, 1984). Confession Can Be Good for the Soul and Community, Los Angeles Times (February 20, 1987). Must We Report Drug Users? Los Angeles Times (May 1, 1987). To Heat Up Drug War, Turn Down the Rhetoric, Los Angeles Times (April 10, 1989). Grappling With A Sport That Thrives on Fakery, Los Angeles Times (May 17, 1989). CONSULTANT Department of Justice (1973) Ford Foundation (1977-1979) German Marshall Fund (1977) Department of Agriculture (1978) Police Foundation (1977-1978, 1981, 1983-1984) Law Enforcement Assistance Administration (1979-1981, 1984) National Broadcasting Company (1980) President's Commission on Organized Crime (1984-1986) National Institute of Justice (1985, 1989) Police Executive Research Forum (1986) Montgomery County Public Defender (1988) Philadelphia City Solicitor (1989) American Bar Association (1991) Federal Trade Commission (1992-93) City of Sacramento (1996)