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Mugambi Jouet
USC Gould School of Law

Mugambi Jouet

Associate Professor of Law

Email:
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Personal Website: Link
SSRN Author Page: Link

Last Updated: September 13, 2022




Mugambi Jouet’s research focuses on criminal justice and comparative government from a multidisciplinary perspective. He is an expert on the distinctive historical evolution of American law, institutions, and sociopolitical culture compared to other Western democracies: European nations, Canada, Australia, and New Zealand.

His scholarship has notably analyzed mass incarceration, the death penalty, and juvenile justice. He is the author of Exceptional America: What Divides Americans From the World and From Each Other (University of California Press, 2017), a comprehensive book on the relationship between American exceptionalism and the intense polarization of modern America, from criminal justice to socioeconomic inequality and beyond.

His research has appeared or is forthcoming in peer-reviewed journals and law reviews, including the American Journal of Comparative Law, American Journal of Legal History, Federal Sentencing Reporter, American Journal of Criminal LawJournal of Criminal Law and Criminology, UBC Law Review, Nature - Palgrave Communications and Theoretical Criminology. He is the recipient of the 2021 Brophy Prize for the article in the American Journal of Legal History that “most significantly breaks new ground and adds new insights to the study and understanding of United States legal history.”  

Jouet has been interviewed by many media outlets, such as The New York Times, Time, C-SPAN, National Public Radio, CBC, Radio Canada, France 24, and France Culture. His commentary has been featured in The New Republic, Slate, Boston Review, Mother Jones, The San Francisco Chronicle, The Hill, Libération, Le Nouvel Observateur and Le Monde, France’s flagship newspaper.

Before joining USC in 2022, he was a law professor at McGill University following a Grey Fellowship at Stanford Law School. A member of the New York bar, he previously represented numerous indigent prisoners, from homicide cases to the “War on Drugs,” in Manhattan and the Bronx. He equally served as a judicial clerk at the U.N. war crimes tribunal for Yugoslavia in The Hague, and as an assistant clinical law instructor at Sciences Po in Paris. He has traveled widely internationally and is trilingual in English, French and Spanish.

Jouet earned his PhD in Law, summa cum laude, from Université Paris 1, Panthéon-Sorbonne; his JD, cum laude, from the Northwestern University School of Law; his MPA in Policy Analysis from New York University; and BA in History from Rice University.

Twitter: @MugambiJouet 

Books

  • Exceptional America: What Divides Americans From the World and From Each Other (University of California Press, 2017). - (www)

Articles

  • “A Lost Chapter in Death Penalty History: Furman v. Georgia, Albert Camus, and the Normative Challenge to Capital Punishment,” American Journal of Criminal Law (forthcoming 2022).  - (SSRN)
  • “Death Penalty Abolitionism From the Enlightenment to Modernity,” American Journal of Comparative Law (forthcoming 2022). - (SSRN)
  • “The Day Canada Said No to the Death Penalty in the United States: Innocence, Dignity, and the Evolution of Abolitionism,” UBC Law Review (forthcoming 2022). - (SSRN)
  • “Foucault, Prison, and Human Rights: A Dialectic of Theory and Criminal Justice Reform,” 26 Theoretical Criminology 202 (2022).  - (www)
  • “Revolutionary Criminal Punishments: Treason, Mercy, and the American Revolution,” 61 American Journal of Legal History 139 (2021). - (www)
  • “Juveniles Are Not So Different: The Punishment of Juveniles and Adults at the Crossroads,” 33 Federal Sentencing Reporter 278 (2021).  - (SSRN)
  • “Mass Incarceration Paradigm Shift?: Convergence in an Age of Divergence,” 109 Journal of Criminal Law and Criminology 703 (2019).  - (SSRN)
  • “Guns, Identity, and Nationhood,” 5 Nature – Palgrave Communications 138 (2019).  - (www)
  • “Judging Leaders Who Facilitate Crimes by a Foreign Army: International Courts Differ on a Novel Legal Issue,” 47 Vanderbilt Journal of Transnational Law 1091 (2014). 
  • “The Exceptional Absence of Human Rights as a Principle in American Law,” 34 Pace Law Review 688 (2014). 
  • “The Failed Invigoration of Argentina’s Constitution: Presidential Omnipotence, Repression, Instability, and Lawlessness in Argentine History,” 39 Inter-American Law Review 409 (2008).
  • “Spain’s Expanded Universal Jurisdiction to Prosecute Human Rights Abuses in Latin America, China, and Beyond,” 35 Georgia Journal of International & Comparative Law (2007).
  • “Reconciling the Conflicting Rights of Victims and Defendants at the International Criminal Court,” 26 St. Louis University Public Law Review 249 (2007).

FACULTY IN THE NEWS

The Conversation
September 20, 2022
Re: Jean Lantz Reisz

Jean Reisz wrote an op-ed explaining why Ron DeSantis dropping migrants off on Martha’s Vineyard may be illegal. "Certain factors – like DeSantis’ intent and knowledge of the migrants’ immigration status – could create potential civil and criminal liability," she wrote.

RECENT SCHOLARSHIP

Felipe Jiménez
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"Legal Positivism for Legal Officials," Canadian Journal of Law and Jurisprudence.

Robin Craig
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"Tribal Water Rights and Tribal Health: The Klamath Tribes and the Navajo Nation During the COVID-19 Pandemic," St. Louis University Journal of Health Law & Policy (Forthcoming 2023).

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"Remembering the Ocean in Water Law," chapter for A Research Agenda for Water Law.