Tim Bakken

Tim Bakken

Professor of Law

tim.bakken@westpoint.edu

Biography


Tim Bakken is Professor of Law at the US Military Academy, West Point. He has practiced law in New York City, in civil litigation and as a homicide prosecutor in Brooklyn. Bakken has been a visiting professor at Ural State Law University in Yekaterinburg, Russia, and the University of Chile, in Santiago, as a Fulbright Scholar. He started the Department of Law at the National Military Academy of Afghanistan (formerly), in Kabul. Bakken has been a visiting scholar at Columbia Law School, the Australian National University College of Law, the University of Sydney Law School, and the University of Cambridge Faculty of Law. He can be reached at (845) 938-5544 and tim.bakken@westpoint.edu.

Publications & Presentations


Books

Bakken, T. The Plea of Innocence: Restoring Truth to the American Justice System (New York University Press) (2022).

Bakken, T. The Cost of Loyalty: Dishonesty, Hubris, and Failure in the U.S. Military (Bloomsbury) (2020).

Bakken, T. & Ramsey, W. Criminal Justice and the 2004 Elections (pamphlet) (Wadsworth) (2005).

Bakken, T., Stock, M., & Welton, M. Guide to Criminal Law in New York (Second Edition) (Wadsworth) (2004).

Bakken, T., Bickers, J., & Goldstein, R. Guide to Criminal Procedure in New York (Wadsworth) (2004).

Bakken, T. Guide to Criminal Law in New York (Wadsworth) (2001).

Articles

Bakken, T. “Give People a Right to Claim Their Innocence,” The Atlantic (December 2022).

Bakken, T. “The Defendant’s Plea of Innocent in Sexual Abuse Cases,” in Wrongful Allegations of Sexual and Child Abuse, 271, Oxford University Press (Ros Burnett, ed.) (book chapter) (2016).

Bakken, T. “Legal Takeovers of Nations: The Value and Risks of Foreign Direct Investment in a Global Marketplace,” 40 University of Dayton Law Review 259 (2016).

Bakken, T. “Dodd-Frank’s Extension of Criminal Corporate Liability through the Foreign Corrupt Practices Act: Enabling Whistleblowers and Monitoring Conflict Minerals,” 36 Pace Law Review 1 (2015).

Bakken, T. “India's Constitutional Restraint: Less Expression in a Large Democracy,” 5 Alabama Civil Rights & Civil Liberties Law Review 155 (2014).

Bakken, T. “Constitutional Rights and Political Power of Corporations after Citizens United: The Decline of Citizens and the Rise of Foreign Corporations and Super PACs,” 12 Cardozo Public Law, Policy & Ethics Journal 119 (2014).

Bakken, T. “A Woman’s Right to Combat: Equal Protection in the Military,” 20 William & Mary Journal of Women and the Law 271 (2014).

Bakken, T. “Dodd-Frank's Caveat Emptor: New Criminal Liability for Individuals and Corporations," 48 Wake Forest Law Review 1173 (2013).

Bakken, T. “The Prosecution of Newspapers, Reporters, and Sources for Disclosing Classified Information: The Government’s Softening of the First Amendment,” 45 University of Toledo Law Review 1 (2013).

Bakken, T. “Models of Justice to Protect Innocent Persons,” 56 New York Law School Law Review 867 (2012).

Bakken, T. & Steel, L. “Exonerating the Innocent: Pre-trial Innocence Procedures,” 56 New York Law School Law Review 855 (2012).

Bakken, T. “Nations’ use of Force outside Self-defense,” 8 Georgetown Journal of Law & Public Policy 451 (2010).

Bakken, T. “Truth and Innocence Procedures to Free Innocent Persons: Beyond the Adversarial System,” 41 University of Michigan Journal of Law Reform 547 (2008).

Bakken, T. “Averting Catastrophe: Combating Iran’s Nuclear Threat,” 29 (2) Harvard International Review 84 (2007).

Bakken, T. “The Prosecution of War Crimes: Military Commissions and the Procedural and Substantive Protections Beyond International Law,” 30 Fordham International Law Journal 533 (2007).

Bakken, T. “What Does Lawrence v. Texas Mean for the Future of ‘Don’t Ask Don’t Tell,’” 14 Duke Journal of Gender Law & Policy 1218 (symposium) (2007).

Bakken, T. “The Contours of Judicial Deference to Military Personnel Policies,” 14 Duke Journal of Gender Law & Policy (symposium) 1231 (2007).

Bakken, T. “The Preemption of Nuclear Weapons,” 87 (6) Military Review 30 (2007).

Bakken, T. “The Absence of Spiritual Awakening and Understanding in Religious Conversion,” 59 The Journal of Religious Thought 101 (2006-07).

Casey-Acevedo, K., Bakken, T., & Karle, A. “Children Visiting Mothers in Prison: The Effects on Mothers’ Behavior and Disciplinary Adjustment,” 37 (3) Australian and New Zealand Journal of Criminology 418 (2004).

Casey-Acevedo, K. & Bakken, T. “Women Adjusting to Prison: Disciplinary Behavior and the Characteristics of Adjustment,” 17 (4) Journal of Health and Social Policy Review 37 (2003).

Bakken, T. “The Effects of Hate Crime Legislation: Unproven Benefits and Unintended Consequences,” 5 International Journal of Discrimination and the Law (4) 231 (2002).

Casey-Acevedo, K. & Bakken, T. “Visiting Women in Prison: Who Visits and Who Cares?” 43(3) Journal of Offender Rehabilitation 67 (2002).

Bransford, C. & Bakken, T. “The Evolution of Mental Health Care Policy and the Implications for Social Work,” 1 Social Work and Mental Health 1 (2002).

Bransford, C. & Bakken, T. “Reflections of Authority in Psychotherapy: From Freud to Post-Modernism,” 9 Psychoanalytic Social Work 57 (2002).

Bakken, T. & Bransford, C. “The Role of Human Agency in the Creation of Normative Influences within Individuals and Groups,” 5 Journal of Human Behavior in the Social Environment 89 (2002).

Casey-Acevedo, K., Bakken, T., & Welton, M. “Women as Offenders,” 4 Encyclopedia of Crime and Punishment, 1722 (D. Levinson, ed.) (Sage) (2002).

Casey-Acevedo, K. & Bakken, T. “The Effects of Visitation on Women in Prison,” 25 International Journal of Comparative and Applied Criminal Justice (1) (2001).

Casey-Acevedo, K. & Bakken, T. “The Effect of Time on the Disciplinary Adjustment of Women in Prison,” 45 International Journal of Offender Therapy and Comparative Criminology 489 (2001).

Bransford, C. & Bakken, T. “Organization Theory and the Utilization of Authority in Social Work,” 9(1) Social Work and Social Sciences Review 5 (2001).

Bakken, T., Becker, E., & Welton, M. “Institutional Acceptance and Legal Equality,” 27 Journal of Intergroup Relations 16 (2001).

Bakken, T. “A Foundation for Practical and Successful Career Intervention,” 25 The Journal (Institute of Guidance Counsellors), 63 (2001).

Bakken, T. “The Efficacy of Reinforcement Schedules and Knowledge of Results in Effecting Behavioral Change,” 6(2) Current Research in Social Psychology 22 (2001).

Bakken, T. “Liberty and Equality through Freedom of Expression: The Human Rights Questions Behind Hate Crime Laws,” 4(2) International Journal of Human Rights 1 (2000).

Bakken, T. “The Incorporation of Values into the Counseling Relationship,” 23 American Journal of Pastoral Counseling 1 (2000).

Bakken, T. “Constitutional and Social Equality: Legacies and Limits of Law, Politics, and Culture,” 7:1 Indian Journal of Gender Studies 71 (2000).

Bakken, T. & Kortering, L. “The Constitutional and Statutory Obligations of Schools to Prevent Special Education Students from Dropping Out,” 20 Remedial and Special Education 6 (1999).

Bakken, T. “A Rationale for Maximizing Freedom of Expression at Colleges and Universities,” 4 Journal of Civil Liberties 102 (1999).

Bakken, T. “Liberty, Obscenity, and Majoritarian Institutions: Who Determines the Value of Expression?” 16 Glendale Law Review 1 (1998).

Klepper, W. M. & Bakken, T. “Hate Speech: A Call to Principles,” 35 National Association of Student Personnel Administrators Journal 38 (1997).

Bakken, T. “The Continued Failure of Modern Law to Create Fairness and Efficiency: The Presentence Investigation Report,” 40 New York Law School Law Review 363 (1996).

Bakken, T. “The Grand Jury” (synopsis) American Justice 352 (J. M. Bessette, ed.) (Salem) (1996).

Bakken, T. “The Infiltration of a Motorcycle Gang and the Codification of Its Social Norms and Psychological Processes,” VI Popular Culture Review 29 (1996).

Bakken, T. “The Quest of Law Enforcement for the Principled Interpretation of State Constitutions,” 5(2) State Constitutional Commentaries and Notes 1 (1995).

Bakken, T. “The Utility of Using Case Studies to Confront Ethical Dilemmas,” Teaching and Interactive Methods 399 (H. E. Klein, ed.) (World Association for Case Method Research and Application) (1995).

Bakken, T. “Law Enforcement,” Survey of Social Science: Government and Politics Series 1059 (synopsis) (F. N. Magill & J. M. Bessette, eds.) (Salem) (1995).

Bakken, T. “The Responsibility of Schools and Colleges to Monitor Pornography to Prevent Sexual Harassment,” 45 Labor Law Journal 762 (1994).

Bakken, T. “Cultivating Civilization: The Age of the English Coffeehouse,” 58 Social Education 345 (1994).

Bakken, T. “International Law and Human Rights for Defendants in Criminal Trials,” 25 Indian Journal of International Law 411 (1985).

Bakken, T. “Religious Conversion and Social Evolution Clarified,” 16 Small Group Behavior 157 (1985).

Bakken, T. “Dispute Resolution under the Trading with the Enemy Act: A Cooperative Approach between Corporations and the United States,” 7, Commercial Law Gazette (29) 3 & (30) 6 (1984).

Bakken, T. “Recognizing the Dilemma of Psychological Religious Converts,” 27 Counseling and Values 99 (1983).

Presentations

“Creating a New Constitutional Structure for a Democracy,” University of Chile, Santiago, Chile (2023).

“Should a Constitution Protect Innocent People from Criminal Conviction?” University of Cambridge, Cambridge, England (2021).

“The Origins of Institutional Violence,” Progressive Connexions, Verona, Italy (2019).

“Reforming the Adversarial System and Freeing Innocent People,” Howard League for Penal Reform, University of Oxford, Oxford, England (2018).

“The Application of Innocence Procedures to One-Witness Cases,” University of South Africa, Pretoria, South Africa (2015).

“Discovering Innocence in Legal Systems,” University of South Africa, Pretoria, South Africa (2015).

“Discovering Innocence in Adversarial and Inquisitorial Legal Systems,” Athens Institute for Education and Research, Athens, Greece (2015).

“Conviction and Imprisonment of Innocent People: The Root of Untruth,” University of Sydney Law School, Sydney, Australia (2014).

“The Art and Science of taking Testimony,” International Organization of Securities Commissions, Madrid, Spain (2013).

“An Inquisitorial Process of Criminal Law and Procedure,” Law and Society Association, Honolulu, Hawaii (2012).

“Exonerating the Innocent: Waiver of the Right to Remain Silent,” Academy of Criminal Justice Sciences, New York, New York (2012).

“Exonerating the Innocent: Pre-trial Innocence Procedures,” New York Law School, New York, New York (2010).

“The Evolution of Military Policy on Don’t Ask – Don’t Tell,” New York Law School, New York, New York (2009).

“Nations’ use of Force outside Self-defense,” International Institute for the Sociology of Law, Onati, Spain (2009).

“Innocence Pleas: Beyond the Adversarial System,” Academy of Criminal Justice Sciences, Boston, Massachusetts (2009).

“The Contours of Judicial Deference to Military Personnel Policies,” Harvard Law School, Cambridge, Massachusetts (2007).

“What Does Lawrence v. Texas Mean for the Future of ‘Don’t Ask Don’t Tell,’” Harvard Law School, Cambridge, Massachusetts (2007).

“The Preemption of Nuclear Weapons,” Australian National University College of Law, Canberra, Australia (2007).

“Military Law and Military Commissions,” Australian National University College of Law, Canberra, Australia (2007).

“The Costs of Freeing Innocent Persons: Moving Toward Truth by Moving Away from the Adversarial System,” Academy of Criminal Justice Sciences, Seattle, Washington (2007).

“The Preemption of Nuclear Weapons,” Academy of Criminal Justice Sciences, Seattle, Washington (2007).

“The National Security Agency’s Eavesdropping in the Absence of a Warrant,” New York University School of Law, New York, New York (2007).

“The Preemption of Nuclear Weapons,” New York Law School, New York, New York (2007).

“The Preemption Doctrine,” Columbia University School of Law, New York, New York (2006).

“The Military Commissions Act of 2006,” Albany Law School, Albany, New York (2006).

“The Military Commissions Act of 2006 and Executive Power: Interrogation, Detention and Prosecution in the War on Terror,” Cardozo Law School, New York, New York (2006).

“Peace and National Security through Law and Ethics,” International Studies Association, Honolulu, Hawaii (2005).

“The Patriot Act and Civil Liberties,” American Society of Criminology, Nashville, Tennessee (2004).

“Military Commissions and Criminal Prosecutions,” Academy of Criminal Justice Sciences, Las Vegas, Nevada (2004).

“Laws that Discriminate: Civil Liberty Restrictions in Criminal Law,” Academy of Criminal Justice Sciences, Boston, Massachusetts, (2003).

“The Trials of Alleged Terrorists and Unlawful Combatants before Military Commissions,” Academy of Criminal Justice Sciences, Boston, Massachusetts (2003).

“The Unintended Consequences of Hate Crime Laws,” Academy of Criminal Justice Sciences, Anaheim, California (2002).

“The Evidence Necessary to Prove a Hate Crime in the United States,” Academy of Criminal Justice Sciences, Washington, DC (2001).

“The Effects of Hate Crime Legislation on the Justice System,” New York State Political Science Association, New Paltz, New York (2001).

“The Legal System’s Treatment of Serious Crimes Prior to and since the Enactment of Hate Crime Laws,” American Society of Criminology, San Francisco, California (2000).

“Using Criminal Law to Punish Thoughts, Motivations, and Expression,” University of Strathclyde School of Law, Glasgow, Scotland (1999).

“Freedom of Conscience: When will the Government Punish Your Thoughts?” Academy of Criminal Justice Sciences, Orlando, Florida (1999).

“The Effects of Making Expression Illegal: Achieving Liberty or Equality,” World Conference on Remedies to Racial and Ethnic Economic Inequality, Adelaide, Australia (1998).

“Using Case Studies to Confront Ethical Dilemmas,” World Association for Case Study Research and Application, Leysen, Switzerland (1995).

“Federalism and the Implications for Law Enforcement of Judicial Reliance on State Constitutions,” American Society of Criminology, Phoenix, Arizona (1993).

“The Role of Prosecutors in America,” University of Washington Law School, Seattle, Washington (1992).