Saturday, December 8, 2007

Steve Russell

No way I could list everything because I got not just bit but chewed up and spit out by the writing bug.

I've written for half a dozen or so underground papers besides The Rag and had regular gigs with The Daily Texan, The Texas Observer, The American Reporter,, and at this time, Indian Country Today. When I was an elected judge in Austin I had an opinion column in a rural newspaper under a nom de plume.

I guess my most famousest writing, the one that got me a Pulitzer nomination by my editor that was thrown out because first publication was on line, was "The X-On Congress: Indecent Comment on an Indecent Subject," an essay written to provoke a lawsuit to challenge the Communications Decency Act in 1996. In Shea v. Reno, my lawsuit got the act declared unconstitutional before the case that eventually made it to the Supreme Court, ACLU v. Reno. It's still archived many places on the web since it was one of the early "viral messages" because posting it was an act of civil disobedience. Here's the link to the Electronic Frontier Foundation:

Refereed and Law Review Articles:

“Law and Bones: Religion, Science, and the Discourse of Empire,” 99 Radical History Review 214-226 (2007).

“Chains and Circles: Hierarchy and the Status of Animals,” (with Sara M. Walsh) 3 Ayaangwaamizin: The International Journal of Indigenous Philosophy 271-290 (2006).

“Sex, Lies and Law: Moral Turpitude as an Enforcer of Gender and Sexuality Norms,” (with Sara M. Walsh and Krista Eckhardt) 3 Sexuality Research and Social Policy 37-51 (2006).

“Making Peace With Crow Dog’s Ghost: Racialized Prosecution in Federal Indian Law,” 21 Wicazo Sa Review 89-114 (2006).

“The Racial Paradox of Tribal Citizenship,” 46 American Studies 147-169 (2005).

“From the Red Core to the Black Sky: Corporate Crime in the Transnational Matrix,” 12 Journal of Criminal Justice and Popular Culture 148-165 (2005).

“Since September 11, All Roads Lead to Rome.” 13 Critical Criminology 37-53 (2005).

“Sovereign Decisions: A Plan for Defeating Federal Review of Tribal Law Applications.” 20 Wicazo Sa Review 93-108 (2005).

“In Search of the Meritocracy.” 27 American Indian Quarterly 400-411 (2004).

“Ethics, Alterity, Incommensurability, Honor.” 27 Cream City Review 121-144 (2003) and 3 Ayaangwaamizin: The International Journal of Indigenous Philosophy 31-54 (2003).

“Honor, Lone Wolf, and Talking to the Wind.” 38 Tulsa Law Review 147-157 (2002).

“Social Control of Transnational Corporations in the Age of Marketocracy.” (With Michael J. Gilbert) 30 International Journal of the Sociology of Law 33-50 (2002).

“Globalization of Criminal Justice in the Corporate Context.” (with Michael J. Gilbert) 38 Crime, Law and Social Change 211-238 (2002).

“Apples are the Color of Blood.” 28 Critical Sociology 65-76 (2002).

“The Jurisprudence of Colonialism.” 25 Legal Studies Forum 605-617 (2001).

“Truman’s Revenge: Social Control and Corporate Crime.” (with Michael J. Gilbert) 32 Crime, Law and Social Change 59-82 (1999).

“Critical Criminology at the Trial of Joseph K.: A Trial Judge’s Reflections on Asma’s Critique.” Journal of Postmodern Criminology, Vol. 5, Art. 4 (1999).

“A Black and White Issue: The Invisibility of American Indians in Racial Policy Discourse.” 4 Georgetown Public Policy Review 129-147 (1999).

“In the Ghetto: Legal Studies in Criminal Justice Programs,” 9 Journal of Criminal Justice Education 267-280 (1998).

“American Indians in the Twilight of Affirmative Action.” 2 Chicago Policy Review 37-45 (1998).

“Sacred Ground: Un-Marked Graves Protection in Texas Law,” 4 Texas Forum on Civil Liberties and Civil Rights 3-23 (1998).

“The Legacy of Thurgood Marshall in Strawberry Season,” 23 Thurgood Marshall Law Review 19-43 (1997).

“The Legacy of Ethnic Cleansing: Implementation of NAGPRA in Texas.” 19 American Indian Culture and Research Journal 193-211 (1995).

"‘Sacred to All’: American Indians Seek Religious Freedom,” 58 Texas Bar Journal 362 (1995).

“Political Correctness as a Plea for Rhetorical Disarmament,” 56 Texas Bar Journal 1144 (1993).

“The Futility of Eloquence: Selected Texas Family Violence Legislation 1979-1991,” 33 South Texas Law Review 301-375 (1992), reprinted in 5 Texas Family Law Service 1-17 (1993).

“The New Outlawry and Foucault's Panoptic Nightmare.” 17 American Journal of Criminal Justice 39-50 (1992).

“Commentary on Representative Justice,” 16 Thurgood Marshall Law Review 57-74 (1990).

“Status of the Texas Necessity Defense in Abortion Clinic Trespass Cases Assuming the Demise of Roe v. Wade,” 17 American Journal of Criminal Law 1-17 (1989).

“Family Violence: What Lawyers and Judges Can Do,” 49 Texas Bar Journal 965-968 (1986).

Book Chapters:

“The Cherokee Nation: A Colonial Morality Play in Three Acts,” in Eating Fire, Tasting Blood: Breaking the Great Silence of the American Indian Holocaust 128-145 (Marijo Moore, ed., 2006).

“Levande Indianer” and “Döda Indianer” in De Kallar Oss Indianer 93-117 (Annika Banfield, ed., 2004).

“Apples are the Color of Blood,” in Race and Ethnicity Across Time, Space and Discipline 19-30 (Rodney D. Coates, ed., 2004).

“The Jurisprudence of Colonialism,” in American Indian Thought 217-228 (Anne Waters, ed., 2004).

“Invisible Emblems: Empty Words and Sacred Honor,” in Genocide of the Mind 211-227 (Marijo Moore, ed., 2003).

“Rent-a-Judge and Hide-a-Crime: The Dark Potential of Private Adjudication,” in Privatization of Criminal Justice: Past, Present and Future 113-122 (David Shichor & Michael J. Gilbert, eds. 2000).

“Undercurrents of Judicial Policy: Demystifying the Third Branch of Government and the O.J. Simpson Case,” in Representing OJ: Murder, Criminal Justice & Mass Culture 178-182 (Gregg Barak, ed., 1996).

“Native American Reburial Issues in State Courts,” Vol. 1, No. 11 in Indian Law Summaries (National Judicial College 1995).

“The New Outlawry and Foucault’s Panoptic Nightmare,” in We Who Would Take No Prisoners 70-79 (Brian D. MacLean & Harold E. Pepinsky eds. 1993), reprinted in Before the Law: An Introduction to the Legal Process 266-270 (7th ed. John J. Bonsignore, Ethan Katsh, Peter d’Errico, Ronald M. Pipkin, Stephen Arons and Janet Rifkin, eds. 2002).

“Trials Before the Municipal Court,” “Plea Bargaining in Municipal Court,” “Jury Trials in Municipal Court,” all in Travis County Practice Handbook (Austin Young Lawyers Association 1982).

Book/Film Reviews and Encyclopedia Entries:

“The Second Amendment” and “Criminal Jurisdiction of Tribal Courts” in Battleground: Criminal Justice, pp. 645-650, 778-783 (G. Barak, ed., 2007).

Book Review of Jon Sorensen and Rocky Leann Pilgrim, Lethal Injection: Capital Punishment in Texas During the Modern Era (University of Texas Press, 2006) in Journal of the West, Vol. 45, No. 4 at 94 (2006).

“Consent as a Defense to Criminal Liability,” “Criminal Courts: Personnel,” “Necessity as a Defense to Criminal Liability,” and “Battered Women Defense to Criminal Liability” in Encyclopedia of Criminology, Vol. I, pp. 95-96, 224-226, 297-299, Vol. II, p. 1027 (Richard A. Wright and J. Mitchell Miller, eds., 2005).

Book Review of Jedrzej George Frynas and Scott Pegg (eds.), Transnational Corporations and Human Rights (Palgrave Macmillian 2003) in Human Rights Quarterly, Vol. 26, No. 3 at 783-785. (2004).

Book Review of Eva Marie Garroutte, Real Indians: Identity and the Survival of Native America (University of California Press 2003) in Political and Legal Anthropology Review, Vol. 27, No. 1 at 147-153. (2004).

“Indian Civil Rights Act,” in Major Acts of Congress, Vol. 2, 186-188 (Brian K. Landsberg, ed. 2004).

Book Review of David E. Wilkins and K. Tsianina Lomawaima, Uneven Ground: American Indian Sovereignty and Federal Law (University of Oklahoma Press 2001) on H-AmIndian List (Michigan State University 2003).

Film Review of Naturally Native, American Philosophical Association Newsletter, Vol. 1, No. 2 at 16-17 (2002).

“Gaming,” “The Mexican-American War,” and “The Treaty of Guadalupe-Hidalgo,” in The Encyclopedia of Minorities in American Politics 623-624, 656, 700 (Schultz, et al. eds. 2000).

Book Review of John William Sayer, Ghost Dancing the Law: The Wounded Knee Trials (Harvard University Press 1997) in The Texas Observer, Vol. 89, No. 21 at 27, (Nov. 21, 1997).

Film Review of A Time to Kill, 4 Journal of Criminal Justice and Popular Culture 80 (1996).

Book Review of John R. Wunder, "Retained by the People:" A History of American Indians and the Bill of Rights (Oxford University Press 1994) in 9 Western Legal History 97 (1996).

Book Reviews of Lawrence W. Sherman, Policing Domestic Violence: Experiments and Dilemmas (The Free Press 1992) in 21 American Journal of Criminal Law 321 (1994) and 57 Texas Bar Journal 291 (1994).

Non-refereed Articles:

“Teaching Criminal Justice Debate.” (with Craig Hemmens, Mathieu Deflem, Vance McLaughlin, and Tom O’Connor) 26 ACJS Today (1): 13-14 (2003).

“The Two Faces in the U.S. Human Rights Mirror.” (with Audrey Zamora and Christopher Boeck) 13 Peace Review 537-544 (2001).

“Identity as Survival.” 11 Peace Review 299-301 (1999).

“The Invisible People,” Texas Spectrum, Vol. 6, No. 2 (1998).

“Background on the Indian-Archaeologist Wars” (bibliography), Tennessee Archaeology, (January 1998).

“Broken Windows: Prevention Strategy or Cracked Policy?” (roundtable discussion), The Critical Criminologist, Vol. 8, No. 1 at 7-10 (Fall 1997).

“Exon Act, Do Not Go Gentle Into That Good Night,” The American Reporter, Vol. 3, No. 580 (June 27, 1997).

“Twixt Texas and the Pearly Gates,” The American Reporter, Vol. 3, No. 482 (February 11, 1997).

“The Politics of Indian Identity,” 9 Peace Review 515-519 (1997).

“The Roots of NAGPRA” (interview), The Mining Company, (September 6, 1997).

“Picking Bones in the Legislature,” The Texas Observer, Vol. 89, No. 14 at 15 (Aug. 1, 1997).

“Naming the Dragon: Law School Admissions in the Twilight of Affirmative Action,” Conference Proceedings, The Minority Student Today: Recruitment, Retention, and Success (University of South Carolina 1996).

“The Public Problem of Private Matters,” The American Reporter, Vol. 2 No. 320 (June 28, 1996).

“An Indecent Act,” Harper’s Magazine at 24 (May, 1996).

“Confessions of an Indecent Subversive,” Texas Lawyer, Vol. 12, No. 26 at 28 (Sept. 9, 1996).

“A Time to Bury the Dead,” 8 Peace Review 245-247 (1996).

“Indians and Anthropologists and the Politics of Identity,” epilogue to Quigg et al., Archeology and Native American Religion at the Leon River Medicine Wheel (Department of the Army 1996).

“Heresy From the Ivory Tower: Killing the Corporate ‘Person’,” The American Reporter, Vol. 2, No. 311 (June 17, 1996), reprinted in The Progressive Populist and The Albion Monitor.

“Waiting Out the CDA Challenge,” The American Reporter, Vol. 2, No. 308 (June 12, 1996).

“The X-On Congress: Indecent Comment on an Indecent Subject,” The American Reporter, Vol. 2, No. 219 (February 8, 1996), reprinted in The Philadelphia City Paper.

“Courtrooms are Ground Zero of US Immigration Policies,” The American Reporter, Vol. 1, No. 76W (July 22, 1995).

“Why the Exon Amendment Matters,” The American Reporter, Vol. 1, No. 63 (July 5, 1995).

“The Law of Diminishing Alternatives,” Voice for the Defense, Vol. 17, No. 7 at 18 (1988).

“Pretrial Release at the City Jail: A Primer for Civil Lawyers,” 3 Austin Lawyers Journal 7 (1981).

“Lest We Forget,” The Texas Observer, Vol. 71, No. 21 at 16 (December 28, 1979).

“Getting Organized in the Valley,” The Texas Observer, Vol. 70, No. 2 at 18 (February 3, 1978).

“Oh Say, Can You See What's Going On Here?,” The Texas Observer, Vol. 69, No. 11 at 16 (June 3, 1977).

“I Chose Law,” The Texas Observer, Vol. LXVIX, No. 4 at 17 (February 25, 1977).

“300,000 Migrants and the Legislature,” The Texas Observer, Vol. LXVIX, No. 3 at 7 (February 11, 1977).

“Looking Toward the Legislature,” The Texas Observer, Vol. LXVIII, No. 15 at 3 (August 6, 1976).

Poetry and Fiction:

“Honor Rap,” Pulse, (May 4, 2004).

“Indistinguishable Color,” Coloring Book: An Eclectic Anthology of Fiction and Poetry by Multicultural Writers 289-290 (boice-Terrel Allen, ed., 2003).

“Disruption, 1997,” Hypatia: A Journal of Feminist Philosophy Vol. 18, No. 2 at 1-2 (2003).

“What Indians Want,” Gatherings: The En'owkin Journal of First North American Peoples, Vol. 13, 81-82 (2002).

“Donna’s Potsherds,” “How to Succeed as an Indian Poet,” and “Chitto Harjo,” Messenger Journal of Cherokee Literature, Vol. 1, No. 1 at 3-5 (2001).

“Six O’Clock News,” in Hozho: Walking in Beauty 97-103 (Carolyn Dunn and Paula Gunn Allen, eds. 2001).

“The Year They Drilled for Oil,” “Eleven Mile Hill,” and “Bison Bones,” South Dakota Review, Vol. 38, No. 1 at 15-21 (2000).

“Repatriation,” Moccasin Telegraph, Vol. 6, No. 6 at 13 (1996).

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