Stephen E. Henderson

  • Judge Haskell A. Holloman Professor of Law

Education

B.S., Electrical Eng., UC Davis, 1995

J.D., Yale Law School, 1999

Research Interests

  • Criminal Law
  • Criminal Procedure
  • Privacy
  • Artificial Intelligence and Quantum Computing
  • Legal Pedagogy

About

Professor Henderson’s scholarship broadly engages with the substantive criminal law, the regulation of policing, and our modes of criminal adjudication, including the intersections of those fields with modern technologies from quantum computing to artificial intelligence.  He enjoys teaching from his textbooks and collaborating with other scholars; learning and sharing pedagogical techniques; and trying to do some good (or even merely tilting at windmills) through legislative testimony, the drafting of standards, or an amicus brief.  Much of that is available in links below.  He most enjoys spending time with his five children—who perform terrific music, sometimes together as Sheep Without Rights—and his wife of twenty-seven years, Hilary.  It’s been said that “life is just one damned thing after another,” which can sometimes seem a fair description.  It’s good, then, to have family to experience it with.

Additional Information

Books

Our Constitutional Constraints: Adjudication (First edition 2020, Current 2021).

Our Constitutional Constraints: Policing (First edition 2018, Current 2020).

The Criminal Law (First Edition 2019, Current 2021).

The Cambridge Handbook of Surveillance Law (2017) (with David Gray).

Articles

The Jury Veto, 40 Yale L. & Pol'y Rev. (forthcoming).

Search and Seizure Ceilings (forthcoming) (with Kiel Brennan-Marquez).

Behind Bartkus: A Flamboyant Lawyer, a Vindictive Judge, and the Untold Story of Double Jeopardy's Dual Sovereignty (forthcoming 2021, with Dean A. Strang).

Seeing Those We’ve Rendered Invisible — A Clarion Call for Criminal Justice, 18 Ohio St. J. Crim. L. 709 (2021) (with Jordan E. Thomas).

The Trial Lottery, 56 Wake Forest L. Rev. 1 (2021) (with Kiel Brennan-Marquez and Darryl Brown).

Double Jeopardy’s Dual Sovereignty: A Tragic (and Implausible) Lack of Humility, 18 Ohio St. J. Crim. L. 365 (2020) (with Dean A. Strang).

Should Robots Prosecute and Defend?, 72 Okla. L. Rev. 1 (2019).

Artificial Intelligence and Role-Reversible Judgment, 109 J. Crim. L. & Criminology 137 (2019) (with Kiel Brennan-Marquez). 

A Few Criminal Justice Big Data Rules, 15 Ohio St. J. Crim. L. 527 (2018).

Fourth Amendment Anxiety, 55 Am. Crim. L. Rev. 1 (2018) (with Kiel Brennan-Marquez).

Carpenter v. United States and the Fourth Amendment: The Best Way Forward, 26 Wm. & Mary Bill Rts. J. 495 (2017).

Daredevil: Legal (and Moral?) Vigilante, 15 Ohio St. J. Crim. L. 133 (2017).

LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons, 13 Ohio St. J. Crim. L. 487 (2016) (with Andrew Ferguson).

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), 18 U. Pa. J. Const. L. 933 (2016).

Teaching Criminal Procedure, 60 St. Louis Univ. L. J. 413 (2016) (with Joseph Thai).

A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, 94 Tex. L. Rev. See Also 28 (2016).

Regulating Drones Under the First and Fourth Amendments, 57 Wm. & Mary L. Rev. 49 (2015) (with Marc Jonathan Blitz, James Grimsley, & Joseph Thai).

Reforming the Grand Jury to Protect Privacy in Third Party Records, 64 Am. U. L. Rev. 195 (2014) (with & Andrew E. Taslitz).

A Dedication to Andrew E. Taslitz: "It's All About the Egyptians," and Maybe Tinkerbell Too, 66 Okla. L. Rev. 693 (2014).

Our Records Panopticon and the American Bar Association Standards for Criminal Justice, 66 Okla. L. Rev. 699 (2014).

Crowdsourced Coursebooks, 51 Alberta L. Rev. 907 (2014) (with Joseph Thai).

Search, Seizure, and Immunity: Second-Order Normative Authority and Rights, Crim. Just. Ethics 32.2 (2013) (official reprint here) (with Kelly Sorensen).

Real-time and Historic Location Surveillance After United States v. Jones: An Administrable, Mildly Mosaic Approach, 103 J. Crim. L. & Criminology 803 (2013).

After United States v. Jones, After the Fourth Amendment Third Party Doctrine, 14 N.C. J. L. & Tech. 431 (2013).

What Alex Kozinski and the Investigation of Earl Bradley Teach About Searching and Seizing Computers and the Dangers of Inevitable Discovery, 19 Widener L. Rev. 115 (2013). 

Expectations of Privacy in Social Media, 31 Mississippi College L. Rev. 227 (2012).

The Timely Demise of the Fourth Amendment Third Party Doctrine, 96 Iowa L. Rev. Bull. 39 (2011).

“Move On” Orders as Fourth Amendment Seizures, 2008 BYU L. Rev. 1 (2008).

Beyond the (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, and the Rest of Us Too, 34 Pepp. L. Rev. 975 (2007).

Learning from All Fifty States: How to Apply the Fourth Amendment and Its State Analogs to Protect Third Party Information from Unreasonable Search, 55 Cath. U.L. Rev. 373 (2006).

Nothing New Under the Sun? A Technologically Rational Doctrine of Fourth Amendment Search, 56 Mercer L. Rev. 507 (2005).

Suing the Insecure? A Duty of Care in Cyberspace, 32 N.M. L. Rev. 11 (2002) (with Matthew E. Yarbrough).

Testimony

Popular Press

Could a Robot be District Attorney?, Daily Journal, June 26, 2019.

If You Fly a Drone, so Can Police, Slate, May 26, 2016.

Fourth Amendment at Heart of Dispute Between FBI, Apple, The Oklahoman, March 19, 2016.

Praise Defenders, Not Just Prosecutors, Norman Transcript, Dec. 1, 2015.

Who Should be the 'Decider' on Keeping Our Secrets?, News J. (Wilmington) & Other Gannett Papers, Sept. 17, 2013, at A12.

The Technology of Surveillance: Will the Supreme Court's Expectations Ever Resemble Society's?, Widener Law Magazine (2007).

Honors and Awards

Hooding at Graduation (Voted by 3Ls), 2017

Outstanding Professor (Voted by Student Body), 2016

Hooding at Graduation (Voted by 3Ls), 2016

Hooding at Graduation (Voted by 3Ls), 2015

University of Oklahoma Vice President for Research Award for Outstanding Research Impact, 2014

Outstanding Professor (Selected by SBA Leadership), 2013

Task Forces

Alternate Member, FAA Drone Advisory Committee Subcommittee, 2016 – 2017.

Member, ABA Criminal Justice Section Task Force on Law Enforcement Body Cameras, 2015 – 2016.

Reporter, ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, 2007 – 2013.

Courses Taught

J.D.:

  • Assessing American Criminal Justice 6700-600
  • Criminal Law 5223
  • Criminal Procedure: Adjudication 5830
  • Criminal Procedure: Investigation 5303

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