Jody L. Madeira

Jody L. Madeira

Professor of Law and Louis F. Niezer Faculty Fellow

  • B.A., Millersville University of Pennsylvania 1997
  • M.S., Georgetown University 1999
  • J.D., University of Pennsylvania Law School 2003
  • Ph.D., University of Pennsylvania Annenberg School for Comm. 2007
  • Earned her J.D. magna cum laude from the University of Pennsylvania School of Law; elected to the Order of the Coif; and served as Senior Articles Editor for the University of Pennsylvania Journal of Constitutional Law
  • Clerk, Hon. Richard D. Cudahy, U.S. Court of Appeals for the Seventh Circuit, Chicago (2004-2005)
  • Climenko Fellow and Lecturer on Law, Harvard University (2005-2007)
  • Research Associate, Capital Punishment Research Initiative, University of Albany School of Criminal Justice
  • Recipient, Federalist Society Searle Young Legal Scholars Research Fellowship, 2011-12
  • Recipient, Indiana University Trustees' Teaching Award, 2015

Professor Madeira joined the Indiana Law faculty in the fall of 2007. Her scholarly interests primarily involve the intersection of law and emotion in criminal and family law. Madeira's new book, Killing McVeigh: The Death Penalty and the Myth of Closure, applies collective memory to criminal prosecution and sentencing, exploring the ways in which victims' families and survivors came to comprehend and cope with the Oklahoma City bombing through membership in community groups as well as through attendance and participation in Timothy McVeigh's prosecution and execution. She is also actively involved in empirical research projects assessing patient decision making and informed consent in assisted reproductive technology (ART).

Additionally, Madeira investigates the effects of legal proceedings, verdicts, and sentences upon victims' families; the role of empathy in personal injury litigation; and the impact of recent developments in capital victims' services upon the relationship between victims' families and the criminal justice system.

After graduating from law school, Professor Madeira clerked for the Hon. Richard D. Cudahy at the U.S. Court of Appeals for the Seventh Circuit. She then came to Harvard as a Climenko Fellow and Lecturer in Law, where she taught legal research and writing as well as a seminar on the cultural life of capital punishment. Madeira also recently served as a Research Associate at the Capital Punishment Research Initiative at the School of Criminal Justice, University at Albany, State University of New York.

Selected Works
  • June Carbone & Jody Lyneé Madeira, The Acceptability of Surrogacy, Washington Law Review Online (forthcoming Spring 2015)
  • Jody Lyneé Madeira, “The Ghosts in the Machinery of Death: The Rhetoric of Mistake in Lethal Injection Reform,” in Law's Mistakes (Austin Sarat, Lawrence Douglas & Martha Umphrey eds., University of Massachusetts Press) (forthcoming)
  • Jody Lyneé Madeira, Conceiving of Products and the Products of Conception: Theoretical Reflections on Commodification, Consumption, ART, and Abortion, ____ J. of Law, Medicine & Ethics ___ (May 2015)
  • Jody Lyneé Madeira, Laying bin Laden to Rest, in The In/Visibility of America's 21st Century Wars (Jon Simons and John Lucaites eds.) (forthcoming 2016)
  • Nicole K. Smith, Jody Madeira, & Heather Millard, Sexual Function and Fertility Quality of Life in Women Using In Vitro Fertilization, Journal of Sexual Medicine (accepted and forthcoming 2015)
  • Jeanna M. Mastrocinque, Jed W. Metzger, Jody Madeira, Kay Lang, Heather Pruss, Peter K. Navratil, Marla Sandys, & Catherine Cerulli, I'm Still Left Here With the Pain: Exploring the Health Consequences of Homicide on Families and Friends, Homicide Studies (June 2014)
  • Aborted Emotions: Regret and Relationality, 21 Mich. J. Gender & L. 1 (2014).
  • Clear and Ever-Present Dangers? Redefining “Closure” in a Post-9-11 World, Capital Punishment: Part of a Sustainable Criminal Justice System? (Lill Scherdin ed., Ashgate Press, 2014)
  • "Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy," 71 MD. L. REV. 339 (2012)
  • "The Family Capital of Capital Families: Investigating Empathic Connections Between Jurors and Defendants' Families in Death Penalty Cases" ___ MICH. ST. L. REV. (2012).
  • "The Visibly Offensive Offender: A Semiotic Phenomenology of an Execution," LAW, CULTURE, AND VISUAL STUDIES (Richard Sherwin & Anne Wagner eds.) (Springer, forthcoming 2012).
  • "Conceivable Changes: Effectuating Infertile Couples' Emotional Ties to Frozen Embryos Through New Disposition Options," 79 U. MO. KANSAS CITY L. REV. 315 (2010) (invited contribution to the Global Issues in Family Law Symposium at University of Missouri, Kansas City Law School).
  • "Why Rebottle the Genie?": Capitalizing on 'Closure' in the Capital Punishment Context, 85 IND. L. J. 1477 (2010).
  • When It's So Hard to Relate: Can the Legal System Mitigate the Trauma of Victim-Offender Relationships?, 46 HOUSTON L. REV. 401 (2009)
  • Blood Relations: Collective Memory, Cultural Trauma, and the Prosecution and Execution of Timothy McVeigh, 45 STUDIES IN LAW, POLITICS AND SOCIETY 75 (2008)
  • Recognizing Odysseus' Scar: Reconceptualizing Pain and Its Empathic Role in Civil Adjudication, 34 FLA. ST. U. L. REV. 41 (2006)
  • Lashing Reason to the Mast: Understanding Judicial Constraints on Emotion in Personal Injury Litigation, 40 UC DAVIS L. REV. 137 (2006)
  • Pained Sympathy for Sympathy Pains: The Reasoned Morality of Empathy in Adjudicating Suffering, 58 S.C. L. REV. 415 (2006)
  • The Execution as Sacrifice, in EVIL, LAW, AND THE STATE: PERSPECTIVES ON STATE POWER AND VIOLENCE (John T. Parry, ed., 2006)
  • A Constructed Peace: Narratives of Suture in the News Media, CANADIAN JOURNAL OF LAW AND SOCIETY 19:2 (2004) (peer-reviewed)