Missoula: Rape and the Justice System in a College Town
SELECTED BIBLIOGRAPHY
Armstrong, Ken, and Nick Perry. Scoreboard, Baby: A Story of Football, Crime, and Complicity. Lincoln: Bison Books, 2010.
Aronofsky, David. “Legal Issues & Recommendations.” Memorandum to University of Montana President Royce Engstrom, February 28, 2012.
Atkinson, Matt. “Rape and False Reports.” Oklahoma Coalition Against Domestic Violence & Sexual Assaults. www.ncdsv.org/images/OCADVSA_RapeAndFalseReports_2010.pdf.
Baker, Katie J. M. “Former Prosecutor Set to Take Over Missoula Office That Mistreated Rape Victims on Her Watch.” BuzzFeed, April 15, 2014. http://www.buzzfeed.com/katiejmbaker/missoula-county-prosecutor-kirsten-pabst#.mv828lZ88X.
——. “My Weekend in America’s So-Called ‘Rape Capital.’ ” Jezebel, May 10, 2012. http://jezebel.com/5908472/my-weekend-in-americas-so-called-rape-capital.
——. “University of Montana Quarterback Charged with Rape.” Jezebel, August 1, 2012. http://jezebel.com/5930780/university-of-montana-quarterback-charged-with-rape.
Barz, Diane. “Status Report.” Letter to University of Montana President Royce Engstrom, December 31, 2011.
Bhargava, Anurima, and Gary Jackson. “RE DOJ Case No. DJ 169-44-9, OCR Case No. 10126001.” U.S. Department of Justice and U.S. Department of Education Letter to University of Montana President Royce Engstrom and University Counsel Lucy France, May 9, 2013.
Bissinger, Buzz. “The Boys in the Clubhouse.” New York Times, October 18, 2014.
Bloomekatz, Ari. “Brian Banks, Exonerated in Rape Case, Cut from Atlanta Falcons.” Los Angeles Times, August 30, 2013.
Blumenthal, Richard, Dianne Feinstein, Tammy Baldwin, and Robert P. Casey, Jr. “Dear Mr. Will.” Letter from United States Senators to George Will, Politico, June 12, 2014. http://images.politico.com/global/2014/06/12/2014_06_12_george_will_letter.html.
Brady, Mike, and John Engen. “DOJ Decision Has Made Missoula Better.” Missoulian, February 21, 2014.
Breiding, Matthew J., Sharon G. Smith, Kathleen C. Basile, Mikel L. Walters, Jieru Chen, and Melissa T. Merrick. “Prevalence and Characteristics of Sexual Violence, Stalking, and Intimate Partner Violence Victimization—National Intimate Partner and Sexual Violence Survey, United States, 2011.” Report, Centers for Disease Control and Prevention, September 5, 2014.
Brownmiller, Susan. Against Our Will: Men, Women, and Rape. New York: Ballantine, 1993.
Bucks, Frances Marks. “Van Valkenburg’s Ego-Based Fight Affects Community’s Well-Being.” Missoulian, January 15, 2014.
Burns, Amy Knight. “Improving Prosecution of Sexual Assault Cases.” Stanford Law Review Online, 67, no. 17, July 5, 2014.
Cates, Irina. “Ex-Griz Donaldson Pleads Guilty to Rape.” KPAX.com, September 11, 2012. http://www.kpax.com/news/ex-griz-donaldson-pleads-guilty-to-rape/.
——. “Griz QB Served with Restraining Order After Alleged Sexual Assault.” KPAX.com, March 15, 2012. http://www.kpax.com/news/griz-qb-served-with-restraining-order-after-alleged-sexual-assault/.
Cohan, William D. The Price of Silence: The Duke Lacrosse Scandal, the Power of the Elite, and the Corruption of Our Great Universities. New York: Scribner, 2014.
Colb, Sherry F. “ ‘Yes Means Yes’ and Preponderance of Evidence.” Dorf on Law Blog, October 29, 2014. http://www.dorfonlaw.org/2014/10/yes-means-yes-and-preponderance-of.html.
Culp-Ressler, Tara. “This Is Why One Study Showed 19% of College Women Experience Sexual Assault and Another Said 0.6%.” thinkprogress.org, December 11, 2014. http://thinkprogress.org/health/2014/12/11/3602344/estimate-college-sexual-assault/.
Dederer, Claire. “Why Is It So Hard for Women to Write About Sex?” Atlantic, March 2014.
Dershowitz, Alan M. The Best Defense. New York: Vintage, 1983.
Doe, John, Plaintiff, vs. The University of Montana, Defendant. United States District Court for the District of Montana, Missoula. CV 12-77-M-DLC. Order, June 26, 2012.
Dougherty, Michael Brendan. “The Rape Culture That Everyone Ignores.” The Week, December 9, 2014. https://theweek.com/articles/441689/rape-culture-that-everyone-ignores.
Engstrom, Royce. “Sexual Assault Report.” Memorandum to UM Campus Community and Missoula Community, March 22, 2012.
Fletcher v. Montanans for Veracity, Diversity and Work. Commissioner of Political Practices of the State of Montana. No. COPP 2014-CFP-028. Dismissal of Complaint Against Kirsten Pabst, Summary of Facts and Findings of Sufficient Evidence to Show a Violation of Montana’s Campaign Practices Act as to Montanans for Veracity, Diversity and Work, July 16, 2014.
Florio, Gwen. “Attorney: Ex-Griz Donaldson Will Plead Guilty to Rape Charge.” Missoulian, September 5, 2012.
——. “Donaldson Pleads Guilty to Rape; Prosecution Wants 30-Year Sentence.” Missoulian, September 11, 2012.
——. “Griz Football Player Jailed on Rape Charge.” Missoulian, January 7, 2012.
——. “Griz QB Allowed Back at Practice by Legal Misunderstanding, Says Woman’s Attorney.” Missoulian, March 28, 2012.
——. “Justice Department Investigating 80 Missoula Rapes; County Attorney Blasts Feds.” Missoulian, May 1, 2012.
——. “Lead Detective in Johnson Case: City Revised Policy on Sexual Assaults.” Missoulian, February 22, 2013.
——. “Missoula County Attorney’s Heir Apparent Leaving for Solo Practice.” Missoulian, February 26, 2012.
——. “Missoula Police: 2nd Attack May Be Linked to Alleged Sex Assault Involving UM Football Players.” Missoulian, December 20, 2011.
——. “Officials: Evidence Threshold Is High for Rape Charges.” Missoulian, January 8, 2012.
——. “Research Varies on Frequency of False Rape Reports.” Missoulian, January 7, 2012.
——. “Saudi Student Accused of UM Rape Has Fled the U.S.” Missoulian, February 24, 2012.
——. “Student Says She Was Sexually Assaulted by UM Football Players; County Filed No Charges.” Missoulian, December 21, 2011.
——. “3 UM Football Players Allegedly Involved in Sexual Assault on Campus.” Missoulian, December 16, 2011.
——. “TRO Dismissed Against Griz QB; New Civil Agreement Forbids Contact with Accuser.” Missoulian, March 24, 2012.
——. “UM Dean Implicated 4 Football Players in Gang Rape, Emails Reveal.” Missoulian, May 19, 2012.
——. “UM Hires Outside Investigation of Alleged Sex Assault Involving Multiple Students, Victims.” Missoulian, December 15, 2011.
——. “UM Keeps Mum on Reasons for O’Day, Pflugrad Firings.” Missoulian, April 1, 2012.
——. “UM Student Accuses Grizzlies Quarterback of Rape.” Missoulian, March 20, 2012.
——. “UM Vice President Sought to Punish Alleged Rape Victim, Emails Reveal.” Missoulian, May 20, 2012.
——. “University of Montana Helps High-Profile Athletes Find Top Lawyers.” Missoulian, November 6, 2011.
——. “Woman Claims Sexual Assault by Griz QB; Court Issues TRO.” Missoulian, March 17, 2012.
Florio, Gwen, and Keila Szpaller. “Jordan Johnson Found Not Guilty of Rape.” Missoulian, March 1, 2013.
Freedman, Monroe H. Lawyers’ Ethics in an Adversary System. Indianapolis: Bobbs-Merrill, 1975.
Freud, Sigmund. Beyond the Pleasure Principle. New York: W. W. Norton, 1961.
Gerson, Allan, ed. Lawyers’ Ethics. New Brunswick, NJ: Transaction, 1980.
Goldstein, Dana. “The Dueling Data on Campus Rape.” Marshall Project, December 11, 2014. https://www.themarshallproject.org/2014/12/11/the-dueling-data-on-campus-rape.
Grether, Nicole. “Men’s Rights Activist: Feminists Have Used Rape ‘as a Scam.’ ” Al Jazeera America, June 6, 2014.
Gross, Bruce. “False Rape Allegations: An Assault on Justice.” Forensic Examiner, Spring 2009.
Haake, Kathryn. “Former Deputy to Run for Missoula County Attorney.” Missoulian, November 22, 2013.
——. “Jason Marks Ends Campaign for Missoula County Attorne
y.” Missoulian, March 29, 2014.
——. “Missoula County Attorney Election: Pabst Has ‘Clear Ideas’ for Improvements.” Missoulian, April 15, 2014.
——. “Missoula County, State, DOJ Sign Agreements to Improve Handling of Sexual Assault Cases.” Missoulian, June 10, 2014.
——. “PAC That Backed Pabst Violated Law, State Official Finds.” Missoulian, July 18, 2014.
Harwell, M. Claire, and David Lisak. “Why Rapists Run Free.” Sexual Assault Report, 14, no. 2, November–December 2010.
Heller, Zoë. “Rape on the Campus.” New York Review of Books, February 5, 2015.
Herman, Judith Lewis. “The Mental Health of Crime Victims.” Journal of Traumatic Stress, 16, no. 2, April 2003.
——. Trauma and Recovery. New York: Basic Books, 1997.
Kanin, Eugene J. “False Rape Allegations.” Archives of Sexual Behavior, 23, no. 1, February 1994.
Kato, Dillon. “Rape Suspect Said to Have Fled U.S.” Montana Kaimin, February 23, 2012.
Kidston, Martin. “Petition Seeks Regent Williams’ Ouster for ‘Thugs’ Comment.” Missoulian, February 13, 2013.
——. “State Appeals Order to Release Records of UM Quarterback’s Disciplinary Hearing.” Missoulian, October 16, 2014.
Kingkade, Tyler. “Fewer Than One-Third of Campus Sexual Assault Cases Result in Expulsion.” Huffington Post, September 29, 2014. http://www.huffingtonpost.com/2014/09/29/campus-sexual-assault_n_5888742.html.
Kittredge, William. The Next Rodeo: New and Selected Essays. Saint Paul: Graywolf, 2007.
Krakauer, Jon, Petitioner, v. State of Montana, by and Through Its Commissioner of Higher Education, Clayton Christian, Respondent. Montana First Judicial District Court, Lewis and Clark County. Cause No.: CDV-2014-117. Memorandum and Order on Cross Motions for Summary Judgment, September 25, 2014.
Krebs, Christopher P., Christine H. Lindquist, Tara D. Warner, Bonnie S. Fisher, and Sandra L. Martin. “The Campus Sexual Assault (CSA) Study.” Final Report, National Institute of Justice, October 2007.
Lauerman, John. “College Men Accused of Sexual Assault Say Their Rights Violated.” Bloomberg News, December 17, 2013.
Lisak, David. “False Allegations of Rape: A Critique of Kanin.” Sexual Assault Report, 11, no. 1, September–October 2007.
——. “Understanding the Predatory Nature of Sexual Violence.” Sexual Assault Report, 14, no. 4, March–April 2011.
Lisak, David, Lori Gardinier, Sarah C. Nicksa, and Ashley M. Cole. “False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases.” Violence Against Women, 16, no. 12, December 2010.
Lisak, David, and Paul M. Miller. “Repeat Rape and Multiple Offending Among Undetected Rapists.” Violence and Victims, 17, no. 1, 2002.
Lockwood, Patricia. “The Rape Joke.” The Awl, July 25, 2013. http://www.theawl.com/2013/07/rape-joke-patricia-lockwood.
LoMonte, Frank D. “UM Cries Wolf over Johnson Privacy Issue.” Great Falls Tribune, November 17, 2014.
Lonsway, Kimberly A., and Joanne Archambault. “The ‘Justice Gap’ for Sexual Assault Cases: Future Directions for Research and Reform.” Violence Against Women, 18, no. 2, February 2012.
Lonsway, Kimberly A., Joanne Archambault, and David Lisak. “False Reports: Moving Beyond the Issue to Successfully Investigate and Prosecute Non-Stranger Sexual Assault.” The Voice, 1, no. 1, 2009.
Maclean, Norman. “A River Runs Through It” and Other Stories. Chicago: University of Chicago Press, 1976.
Macur, Juliet. “Transcript of Winston Hearing Reveals Accuser’s Words, and Florida State’s Complicity.” New York Times, December 23, 2014.
Mayrer, Jessica. “Still Fighting: County Attorney Fred Van Valkenburg Stands Firm in the Face of Mounting Criticism.” Missoula Independent, September 5, 2013.
McCaskill, Claire. “Sexual Violence on Campus.” Report, U.S. Senate Subcommittee on Financial and Contracting Oversight, July 9, 2014.
Mellen, Greg. “Long Beach Unified Wins Judgment Against Accuser in False Rape Case Against Brian Banks.”
Mollo, Kimberly. “Profile of a Journalist: Gwen Florio.” Feature Well, May 13, 2011. https://thefeaturewell.wordpress.com/2011/05/13/profile-of-a-journalist-gwen-florio/.
Moore, Michael. “UM Rape Victim Comes Forward About Attack, Response from University.” Missoulian, January 15, 2012.
——. “University of Montana Has Problem Sex Assaults, President Says.” Missoulian, January 17, 2012.
Morris, David J. The Evil Hours: A Biography of Post-Traumatic Stress Disorder. Boston: Houghton Mifflin Harcourt, 2015.
Muir, Mark. “Van Valkenburg Is Right: Time to Muzzle Holder and DOJ.” Missoulian, February 18, 2014.
Munson, Lester. “QB’s Trial Begins Amid Larger Scandal.” ESPN.com, February 8, 2013. http://espn.go.com/espn/otl/story/_/id/8921202/university-montana-qb-rape-trial-begins-amid-larger-sex-assault-scandal-plaguing-missoula.
Neal, Anne D. “Statement of the American Council of Trustees and Alumni.” News release, June 25, 2014.
Nerbovig, Ashley. “Missoula Sexual Assaults Spur Controversial Media Coverage.” Montana Journalism Review, May 17, 2013. http://dev.mjr.jour.umt.edu/?p=1794.
Pabst, Kirsten. “Which Right Would You Sacrifice?” Pabstblawg, March 22, 2013.
——. “Why Reporters Should Be Elected Officials.” Pabstblawg, June 19, 2012.
Paoli, David R. “Williams’ Comment Jeopardized a Fair Trial.” Missoulian, March 17, 2013.
Perez, Thomas E., and Michael W. Cotter. “Re: The United States’ Investigation of the Missoula Police Department.” U.S. Department of Justice letter to Missoula Mayor John Engen, May 15, 2013.
Posner, Richard A. The Problems of Jurisprudence. Cambridge, MA: Harvard University Press, 1990.
Powers, Ashley. “A 10-Year Nightmare over Rape Conviction Is Over.” Los Angeles Times, May 25, 2012.
Raphael, Jody. “The Duke Lacrosse Case: Exploiting the Issue of False Rape Accusations.” Violence Against Women, 14, no. 3, March 2008.
Rennison, Callie Marie. “Privilege, Among Rape Victims.” New York Times, December 21, 2014.
Robbins, Jim. “Montana Football Team at Center of Inquiry into Sexual Assaults.” New York Times, May 22, 2012.
——. “Trial of Former College Quarterback Accused of Rape Starts Friday in Montana.” New York Times, February 6, 2013.
Roiphe, Katie. “Date Rape Hysteria.” New York Times, November 20, 1991.
Samuels, Jocelyn, and Michael W. Cotter. “The United States’ Investigation of the Missoula County Attorney’s Office.” U.S. Department of Justice letter to Missoula County Attorney Fred Van Valkenburg, February 14, 2014.
Sebold, Alice. Lucky. New York: Scribner, 1999.
State of Montana, Plaintiff, vs. Beau A. Donaldson, Defendant. Montana Fourth Judicial District, Missoula County. Cause No. DV-12-34. Sentencing Hearing, transcript, January 11, 2013.
State of Montana, Plaintiff, vs. Beau A. Donaldson, Defendant. Montana Supreme Court, Sentence Review Division. Sentence Review Hearing, transcript, May 2, 2013.
State of Montana, Plaintiff, vs. Jordan Todd Johnson, Defendant. Montana Fourth Judicial District Court, Missoula County. Cause No. DC-12-352. Court filings and transcripts of proceedings, 2012–2013.
Strier, Franklin. “Adversarial Justice.” World & I, July 1998.
Taylor, Stuart, Jr., and KC Johnson. Until Proven Innocent: Political Correctness and Shameful Injustices of the Duke Lacrosse Rape Case. New York: Thomas Dunne, 2007.
Toland, John. The Last 100 Days. New York: Random House, 1966.
Toobin, Jeffrey. The Run of His Life: The People v. O. J. Simpson. New York: Random House, 1996.
Trieweiler, Terry. “ ‘Straight Talk’ Was Long Overdue.” Missoulian, March 22, 2013.
U.S. Department of Education. “U.S. Department of Education Releases List of Higher Education Institutions with Open Title IX Sexual Violence Investigations.” News release, May 1, 2014.
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U.S. Department of Justice. “Justice Department Announces Investigations of the Handling of Sexual Assault Allegations by the University of Montana, the Missoula, Mont., Police Department and the Missoula County Attorney’s Office.” News release, May 1, 2012.
——. “Rape and Sexual Assault Victimization Among College-Age Females, 1995–2013.” Special report, December 2014.
Valenti, Jessica. “The Only ‘Privilege’ Afforded to Campus Rape Victims Is Actually Surviving.” Guardian, June 10, 2014.
——. The Purity Myth: How America’s Obsession with Virginity Is Hurting Young Women. Berkeley, CA: Seal Press, 2010.
van der Kolk, Bessel A. “The Compulsion to Repeat the Trauma.” Psychiatric Clinics of North America, 12, no. 2, June 1989.
Van Valkenburg, Fred. “Missoula County Attorney Response to Department of Justice Letter Dated February 14, 2014.” News release, February 21, 2014.
White House. “Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault.” Report, April 2014.