
Biography
Prior to becoming the inaugural Dean’s Professor at Emory Law, Professor Tomkovicz served on the University of Iowa College of Law faculty. He joined the Iowa Law faculty in 1982 after serving as a visiting professor at Iowa in the spring of 1981 and an adjunct professor at the UCLA School of Law during the 1981-82 academic year. Tomkovicz retired from the Iowa faculty in the summer of 2021 after more than 40 years in academia. Before entering legal education, Tomkovicz was an attorney with the Appellate Section of the Lands Division of the Department of Justice in Washington, DC. He also served as a law clerk to the Honorable Edward J. Schwartz, Chief Judge of the US District Court for the Southern District of California, and as law clerk to the Honorable John M. Ferren, Associate Judge of the District of Columbia Court of Appeals.
During the fall 2019 semester, Tomkovicz was a visiting professor at Emory Law, teaching both Constitutional Criminal Procedure: Investigations and Evidence. He has also served as visiting professor at Pepperdine University School of Law, Southwestern School of Law, University of Michigan Law School, UCLA School of Law, and USC Gould School of Law. He has taught summer sessions at University of San Diego School of Law and participated as a faculty member in the London Law Consortium.
Education: JD, University of California, Los Angeles, 1976; BA, University of Southern California, 1973
Select Publications
Books
- James Tomkovicz. Criminal Procedure: Constitutional Constraints Upon Investigation and Proof 9th, with Welsh White (1940-2005). Durham, NC: Carolina Academic Press 2021, xxviii, 1259 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 8th, with Welsh White (1940-2005). Durham, NC: Carolina Academic Press 2017, xxvi, 1331 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 7th, with Welsh White. New Providence, NJ: LexisNexis 2012, xxvi, 1225 pages.
- James Tomkovicz. Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order. New York: Oxford University Press 2011, xviii, 430 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 6th, with Welsh White. Newark, NJ: LexisNexis 2008, xxvi, 1013 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 5th, with Welsh White. New York: LexisNexis 2004, xxxi, 1159 pages.
- James Tomkovicz. The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution. Westport, CT: Greenwood Press 2002, xxv, 258 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 4th, with Welsh White. New York: Lexis-Nexis 2001, xxvi, 868 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 3d, with Welsh White. New York: Matthew Bender 1998, xxvii, 797 pages.
- James Tomkovicz, Criminal Procedure. New York: Aspen Law & Business, 1997, xxxix, 552 pages. (Roadmap Law Course Outlines)
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof 2d, with Welsh White. New York: Matthew Bender 1994, xxviii, 928 pages.
- James Tomkovicz. Criminal Procedure: Constitutional Constraints upon Investigation and Proof, with Welsh White. New York: Matthew Bender 1990, xxvii, 837 pages.
Book Chapters
- James Tomkovicz, “Against the Tide: Rehnquist’s Efforts to Curtail Expansion of the Right To Counsel,” in The Rehnquist Legacy, edited by Craig Bradley. New York: Cambridge University Press 2006, at 129, 27 pages.
Articles
- James J. Tomkovicz, “An Introduction to Fifty Years of Gideon (Symposium: Fifty Years of Gideon: The Past, Present, and Future of the Right to Counsel),” 99 Iowa Law Review 1875 (2014), 18 pages.
- James Tomkovicz, “Fourth Amendment Decisions During the Rehnquist Years (1972-2005),” 82 Mississippi Law Journal 443 (2013), 44 pages.
- James Tomkovicz, “Rehnquist’s Fourth: A Portrait of the Justice as a Law and Order Man,” 82 Mississippi Law Journal 359 (2013), 84 pages.
- James Tomkovicz, “Twenty-Five Years of Batson: An Introduction to Equal Protection Regulation of Peremptory Jury Challenges, (Symposium: Batson at Twenty-Five: Perspectives on the Landmark, Reflections on Its Legacy),” 97 Iowa Law Review 1393 (2012), 31 pages.
- James Tomkovicz, “Sacrificing Massiah: Confusion Over Exclusion and Erosion of the Right to Counsel,” 16 Lewis & Clark Law Review 1 (2012), 70 pages.
- James Tomkovicz, “Davis v. United States: The Exclusion Revolution Continues,” 9 Ohio State Journal of Criminal Law 381 (2011), 23 pages.
- James Tomkovicz, “Hudson v. Michigan and the Future of Fourth Amendment Exclusion,” 93 Iowa Law Review 1819 (2008), 69 pages.
- James Tomkovicz, “Divining and Designing the Future of the Search Incident to Arrest Doctrine: Avoiding Instability, Irrationality, and Infidelity,” 2007 University of Illinois Law Review 1417, 59 pages.
- James Tomkovicz, “Saving Massiah from Elstad: The Admissibility of Successive Confessions Following a Deprivation of Counsel,” 15 William and Mary Bill of Rights Journal 711 (2007), 54 pages.
- James Tomkovicz, “Reaffirming the Right to Pretrial Assistance: The Surprising Little Case of Fellers v. United States,” 15 William and Mary Bill of Rights Journal 501 (2006), 31 pages.
- James Tomkovicz, “Welsh White: A Farewell Tribute to a Generous Spirit,” 4 Ohio State Journal of Criminal Law 19 (2006), 7 pages.
- James Tomkovicz, “Technology and the Threshold of the Fourth Amendment: A Tale of Two Futures,” 72 Mississippi Law Journal 317 (2002), 130 pages.
- James Tomkovicz, “The Endurance of the Felony-Murder Rule: A Study of the Forces that Shape Our Criminal Law,” 51 Washington and Lee Law Review 1429 (1994), 52 pages.
- James Tomkovicz, “California v. Acevedo: The Walls Close In on the Warrant Requirement,” 29 American Criminal Law Review 1103 (1992), 75 pages.
- James Tomkovicz, “On Teaching Rape: Reasons, Risks, and Rewards,” 102 Yale Law Journal 481 (1992), 28 pages.
- James Tomkovicz, “The Truth About Massiah,” 23 University of Michigan Journal of Law Reform 641 (1990), 44 pages.
- James Tomkovicz, “The Massiah Right to Exclusion: Constitutional Premises and Doctrinal Implications,” 67 North Carolina Law Review 751 (1989), 43 pages.
- James Tomkovicz, “An Adversary System Defense of the Right to Counsel Against Informants: Truth, Fair Play, and the Massiah Doctrine,” 22 U.C. Davis Law Review 1 (1988), 92 pages.
- James Tomkovicz, “Standards for Invocation and Waiver of Counsel in Confession Contexts,” 71 Iowa Law Review 975 (1986), 87 pages.
- James Tomkovicz, “Beyond Secrecy for Secrecy’s Sake: Toward an Expanded Vision of the Fourth Amendment Privacy Province,” 36 Hastings Law Journal 645 (1985), 93 pages.