PROFESSOR ANDREW G. FERGUSON

Transcription

1 As of 3/20/18 PROFESSOR ANDREW G. FERGUSON UDC David A. Clarke School of Law 4340 Connecticut Avenue N.W Washington D.C EDUCATION Georgetown University Law Center, Washington D.C. L.L.M. (Master of Laws in Advocacy) (2004) University of Pennsylvania School of Law, Philadelphia PA J.D. (summa cum laude) (2000) Order of the Coif; G. Newton Green Memorial Prize (Torts) Senior Editor, University of Pennsylvania Law Review Williams College, Williamstown MA B.A. (cum laude) Political Science (1994) ACADEMIC APPOINTMENTS David A. Clarke School of Law, University of the District of Columbia Professor of Law (granted tenure in 2015) 2015-present Associate Professor of Law Assistant Professor of Law Tenured position teaching criminal law, criminal procedure, advanced criminal procedure, and evidence. Harvard Law School Criminal Justice Policy Program Fall Senior Visiting Scholar Washington College of Law, American University Professional Lecturer, Adjunct Faculty. Summer 2009 Georgetown Criminal Justice Clinic, Georgetown Law Center E. Barrett Prettyman Fellowship, Clinical Instructor. Supervised third year law students participating in criminal justice clinic. AWARDS Student Choice for Outstanding Law School Professor Award (2017) UDC National Lawyers Guild Chapter Outstanding Law Professor Award (2017) Annual Teaching Award Law School Professor of the Year ( ) University-wide Certificate of Commendation for Service (2016) Annual Teaching Award Outstanding Faculty Award for Excellence in Teaching ( ) Dean s Award: Going the Extra Mile (Service Award) ( ) Annual Teaching Award Law School Professor of the Year ( )

2 ANDREW GUTHRIE FERGUSON PAGE 2 ARTICLES Law Review Articles The Exclusionary Rule in the Age of Big Data, VANDERBILT L. REV. (forthcoming) The Smart Fourth Amendment, 102 CORNELL L. REV. 547 (2017). Policing Predictive Policing, 94 WASH. U. L. REV (2017). The Internet of Things and the Fourth Amendment of Effects, 104 CALIF. L. REV. 805 (2016). Policing Criminal Justice Data, 101 MINN. L. REV. 711 (with Wayne Logan) (2016). The Big Data Jury, 91 NOTRE DAME L. REV. 935 (2016). Big Data and Predictive Reasonable Suspicion, 163 U. PA. L. REV. 327 (2015). Defending Data, 88 S. CAL. L. REV. 101 (2015) (with Pamela Metzger). Trial By Google: Judicial Notice in the Information Age, 108 NW. U.L. REV (2014) (with Jeffrey Bellin). Personal Curtilage: Fourth Amendment Security in Public, 55 WM. & MARY L. REV (2014). The Jury As Constitutional Identity, 47 U.C. DAVIS L. REV (2014). Constitutional Culpability: Questioning the New Exclusionary Rules, 66 FLA. L. REV. 623 (2014). Jury Instructions As Constitutional Education, 84 U. COLO. L. REV. 233 (2013). Predictive Policing and Reasonable Suspicion, 62 EMORY L. J. 259 (2012). The Dialogue Approach to Miranda Warnings and Waiver, 49 AM. CRIM. L. REV (2012). Crime Mapping and the Fourth Amendment: Redrawing High Crime Areas, 63 HASTINGS L. J. 101 (2011). The High Crime Area Question: Requiring Verifiable and Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, 57 AM. U.L. REV (2008) (with Damien Bernache). Continuing Seizure: Fourth Amendment Seizure in Section 1983 Malicious Prosecution Cases, CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL HANDBOOK, National Lawyers Guild Civil Liberties Committee, (ed. Steven Saltzman) (West 1999). Symposium Essays and Shorter Articles Illuminating Black Data Policing, (OHIO ST. J. CRIM. L. forthcoming 2018) (symposium essay). The Miranda App: Metaphor and Machine, 97 B.U. L. REV. 935 (2017) (with Richard Leo) (invited symposium essay). Predictive Prosecution, 51 WAKE FOREST L. REV. 705 (2016) (invited symposium essay). LAW-n Signs: A Fourth Amendment for Constitutional Curmudgeons, 13 OHIO ST. J. CRIM. L. 487 (2016) (with Stephen Henderson)

3 ANDREW GUTHRIE FERGUSON PAGE 3 Big Data Distortions: Exploring the Limits of the ABA LEATPR Standards, 66 OKLA. L. REV. 831 (2014) (invited symposium essay). BOOKS THE RISE OF BIG DATA POLICING: SURVEILLANCE, RACE, AND THE FUTURE OF LAW ENFORCEMENT (NYU Press 2017). o Winner the Association of American Publishers 2018 PROSE AWARD for Law and Legal Studies (best scholarly book on law and legal studies). WHY JURY DUTY MATTERS: A CITIZEN S GUIDE TO CONSTITUTIONAL ACTION (NYU Press 2013). YOUTH JUSTICE IN AMERICA (CQ Press 2005, 2 nd edition 2014) (co-author with Jamin Raskin and Maryam Ahranjani). BOOK CHAPTERS/OTHER Chapter: Predictive Policing Theory in CAMBRIDGE HANDBOOK ON POLICING IN THE UNITED STATES (forthcoming Cambridge Univ. press 2019). Chapter: Big Data Surveillance: The Convergence of Big Data and Law Enforcement in CAMBRIDGE HANDBOOK OF SURVEILLANCE LAW (2017). Amicus Brief, Brief of Scholars of Criminal Procedure and Privacy as Amicus Curiae in Support of Petitioner, No (Carpenter v. United States) (2017) (cell site Fourth Amendment case). COMMENTARY The Fragmented Surveillance State, Slate (11/10/17) Police are Using an Algorithm to Tell if You are a Threat, Time (10/3/17) Policing the Litigation Risk in Predictive Policing Tech, HuffPost (7/11/17) Could Lawyers Stop Tech s Vision for Body Worn Cameras, HuffPost (6/15/17) Ever Heard of Bill Cosby, N.Y. Times (3/3/17) In Criminal Justice, Simple Solutions are Usually Wrong, The Crime Report (1/30/17) A Juror Bill of Rights, The Atlantic (digital) (9/11/15) Why Jury Duty is a Character Issue, The Huffington Post (8/18/15) Predicting Predictive Policing in New York, The Huffington Post (7/8/15) What is the Most American Thing You Can Do?, CNN Opinion (7/3/15) The Trauma of Jury Duty, The Atlantic (digital) (5/17/15) Everyday Justice in the District, The Huffington Post (5/12/15) Creating Smarter Police-Worn Body Cameras, The Huffington Post (12/8/14) Why Grand Jurors Matter, From the Square Blog, NYU Press (11/26/14) Save Our Juries, Save Our Constitution, The Huffington Post (9/17/14) A Constitutional Book Drive, The Huffington Post (9/10/14) Policing Stop and Frisk with Stop and Track Policing, The Huffington Post (8/17/14) Do Jurors Become Better Citizens, The Huffington Post (7/25/14)

4 ANDREW GUTHRIE FERGUSON PAGE 4 Big Data Policing in the Big Apple, The Huffington Post (7/15/14) The Juror Voices Project, The Huffington Post (6/4/14) Are We Failing the Citizenship Test, ACS Blog (1/31/14) Harsh Sentences are Killing the Jury Trial, The Atlantic (digital) (12/6/13) The Danger in Disrespecting Jurors, ACS Blog (11/25/13) The US Constitution Needs You, The Atlantic (digital) (9/17/13) On the Zimmerman Jurors, ACS Blog (7/16/13) The Zimmerman Trial and the Meaning of Verdicts, The Atlantic (digital) (7/12/13) Why the George Zimmerman Trial s All Female Jury Is News, The Atlantic (digital) (6/21/13) What Commencement Speeches Leave Out, The Atlantic (digital) (5/17/13) Why Restrict Jury Duty to Citizens, The Atlantic (digital) (5/9/13) The Joy of Jury Duty, The Atlantic (digital) (5/3/13) Jury Duty is Constitution Duty, ACS Blog (2/21/13) Waiting for Democracy, From the Square Blog (NYU Press) (1/23/13) Predictive Policing and the Fourth Amendment (Blog) Am. Crim. L. Rev. (11/28/11) Law Students Joining the Constitutional Conversation as Citizen Amicus (ACS Blog) American Constitution Society (10/21/11) SELECTED PANELS AND PUBLIC PRESENTATIONS Invited Lecture on Big Data Policing, Tech Policy Lab, University of Washington School of Law, Seattle, WA, Jan. 25, CATO Surveillance Summit, CATO Institute, Washington D.C., Dec. 13, Local Policing and Surveillance, Privacy Localism Conf., NYU Law, New York, NY, Nov. 3, Big Data Policing, Data & Society Institute, New York, NY, Nov. 2, Harvard/Stanford Roundtable on Technology and Policing, Stanford Law School, Stanford California, Oct. 20, Faculty Talk, Washington College of Law, American University, Washington D.C., Oct. 13, Book Talk, Harvard Law School, Harvard Criminal Justice Policy Program, Boston, MA. Oct. 12, Cyber Alliance Lecture, Boston University Law School, Boston MA, Oct, 11, Big Data Criminal Law Symposium, Ohio State Law School, Columbus, Ohio, Sept. 30, Moderator, National Academy of Sciences, Predictive Analytics in Human Services, Washington D.C. Sept. 15, National Institute of Justice, Sentinel Events Initiative, Washington D.C. June 19, Author meets Reader: The Rise of Big Data Policing, AALS Mid-Year Meeting, Washington College of Law, American University, June 14, 2017.

5 ANDREW GUTHRIE FERGUSON PAGE 5 The Exclusionary Rule in the Age of Data, AALS Mid-Year Meeting, Washington College of Law, American University, June 12, Criminal Law Roundtable, Columbia Law School, NY, NY, May 5-6, National Institute of Justice, Priority Criminal Justice Needs Initiative, Social Media and Social Network Analysis Workshop, Washington D.C. April 4-5, Symposium, Katz at 50, Georgetown University Law School, Washington D.C., March 10, Symposium, Cyberlaw, University of Maryland School of Law, Baltimore, MD, February 10, Black Data Policing, Rutgers School of Criminal Justice, Newark, New Jersey, January 31, Roundtable on Sensitive Data and Algorithms, Future of Privacy Forum, Washington D.C., November 30, Knowledge Seminar, Administrative Office of the US Courts, Jury Service Program, Washington D.C. November 17, ABA/AALS Criminal Justice Scholars Roundtable, The Miranda App, Washington D.C. November 3, Symposium, Policing and Race, University of California, Irvine School of Law, Irvine, CA, October 7, Speaker, Civil Juries: A Short History of Power, Power of Change Conference, Washington D.C., September 29, Faculty Speaker Series, The Smart Fourth Amendment, University of Miami School of Law, Miami, FL, September 9, Law Enforcement Advisory Panel, National Institute of Justice, RAND, and the Police Executive Research Forum, Washington D.C. June 22, 2016 Commentator, Plausible Cause by Kiel Brennan-Marquez, Privacy Law Scholars Conference, Washington D.C. June 2, Quattrone Center Symposium, Technology in Criminal Justice Reform, University of Pennsylvania Law School, Philadelphia, PA, May 12, Montana Judicial Institute, Keynote, Juries as Education, Missoula, Montana, April 22, Symposium, The Color of Surveillance, Georgetown Law School, Washington D.C., April 8, Symposium Presentation, Predictive Prosecution, Wake Forest Law School, Winston-Salem, NC., April 1, 2016.

6 ANDREW GUTHRIE FERGUSON PAGE 6 Invited Faculty Presentation, The Smart Fourth Amendment, Elon Law School, Greensboro, NC, March 7, AALS Annual Conference, Criminal Justice Section, Predicting Trouble: Risk, Technology, and a Data- Driven Criminal Justice System, New York City, January 8, American Society of Criminology Conference 2015, Defending Data, Washington D.C., November 19, Commentator, Vanderbilt Law School Criminal Justice Scholars Workshop, Nashville, Tennessee November 3-4, Data & Civil Rights Conference, Predictive Policing Panel, Data & Society, Washington D.C. October 27, ABA/AALS Criminal Justice Scholars Roundtable, Policing Predictive Policing, Washington D.C. October 22, Computers, Freedom, Privacy Conference, Predictive Policing: Prejudicial Pre-Crime or Helpful Sociological Analysis, Washington D.C., October 13, Invited Scholarly Presentation, The Internet of Things and the Fourth Amendment of Effects, George Washington University Law School, Washington D.C., October 8, The Role of the Jury, Opening Convocation Address, The American Tort Law Museum, Winsted, Connecticut, September 26, The James Otis Lecture, Constitution Day Speech, Massachusetts Chapter of the American Board of Trial Advocates, Boston, Massachusetts, September 17, What Innovations Judges, Court Systems, and Citizens Can Adopt to Save the Civil Jury Trial, Inaugural Conference, NYU Law School Project on the Civil Jury, New York City, September 11, Presenter, Privacy Law Scholars Conference (PLSC), The Internet of Things and the Fourth Amendment of Effects, Berkeley, California, June 4, Duke Law School, Judicial LLM Presentation, Juries as Institutional Legitimacy, Duke Law School, Durham, NC., June 12, Moderator, Texas Tech Law Review Symposium, The Fourth Amendment in the 21 st Century Symposium: What Is (Should Be) the Scope and Limitation of the Police Power to Track Suspects, Lubbock, Texas, April 17, National Jury Summit, Why the Civil Jury Matters, American Board of Trial Advocates National Summit, San Francisco, California, April 30, Moderator, Engaging Diverse Communities through ADR, UDC Law Review Symposium, Washington D.C., March, 27, 2015.

7 ANDREW GUTHRIE FERGUSON PAGE 7 Speaker & Organizer, Defenders in the Legal Academy, The PDS Experience, Georgetown Law Center, Washington D.C., November 8, Academic Workshop, Defenders in the Legal Academy, The PDS Experience, Presented The Big Data Jury, Georgetown Law Center, Washington D.C., November 7, American Bar Association, Criminal Justice Scholars Roundtable, The Big Data Jury, Washington D.C., October 23, Rekindling Faith, Juries in America, National Board Meeting, American Board of Trial Advocates, Philadelphia, PA, October 10, The Taslitz Galaxy, A Gathering of Scholars in Memory of Andy Taslitz, Symposium, The Taxonomy of Mentorship, Howard Law School, Washington D.C., September 19, Commentator, Privacy Law Scholars Conference (PLSC), Jane Bambauer s Other People s Papers, George Washington Law School, Washington D.C., June 6, Saving the Jury Trial, American Association of Trial Lawyer s National Meeting, Tucson, Arizona, April 5, Gathering of D.C. Area Criminal Law Scholars, Washington College of Law, American University, Big Data and Predictive Reasonable Suspicion, Washington D.C., March 20, Scholarship 4.0, Northeastern Law School Symposium, Big Data and Predictive Reasonable Suspicion, Boston, MA, March 13, Symposium presentation, Big Data Distortions, Commentary on ABA Standards, Law Enforcement Access to Third Party Records, Oklahoma Law Review Symposium, Norman, OK., November 15, National Judicial College, Symposium, The Jury Trial in the 21 st Century, National Judicial College, Chicago, Illinois, June 22-23, Council for Court Excellence, Changing Perceptions about Juries, Council for Court Excellence, Panel Discussion, Washington D.C., June 12, 2013 Moderator, 2013 ABA/AALS Mid-Year Meeting, The Competitive Advantage of Grounded Scholarship, San Diego, California., June 10, Law and Society Conference, Presented: The Jury and Constitutional Identity, Boston, MA, May 30, The National African American Drug Policy Coalition, Stop and Frisk Debate, Howard University, Washington D.C., April 18, Stop and Frisk Litigation, American Criminal Law Brief Symposium, Washington College of Law, American University, Washington D.C., February 25, 2013.

8 ANDREW GUTHRIE FERGUSON PAGE 8 Moderator, William and Mary Law Review Symposium, The Civil Jury as a Political Institution, Williamsburg, VA, February 23, Symposium presentation, Bipartisanship Criminal Justice Reform Symposium, Catholic University School of Law, Washington D.C., February 15, Moderator, AALS Criminal Justice Section Panel, Technology and Crime: The Future of the Fourth Amendment in Public, New York City, January 5, AALS/ABA Scholars Workshop, Presented: The Jury and Constitutional Identity, Washington D.C., October 25, The National African American Drug Policy Coalition, Stop and Frisk and the Fourth Amendment, Howard University, Washington D.C., September 25, Southeastern Association of Law Schools Conference (SEALS), Presented: The Jury and Constitutional Identity, Jacksonville, FL, July 30, Are Individuals Losing the Right to Trial by Jury, American Constitution Society, National Convention, Democracy at Risk, Washington D.C., June 15, NACDL, Executive Committee Retreat, The Future of the Exclusionary Rule, Washington D.C., June 1, Presenter, Exonoree Turned Esquire, The Story of Anthony Robinson, Sponsored by the Innocence Project, Washington D.C., April 5, Moderator, Symposium Panel, United States v. Jones: What Jones Means to the Future of the 4th Amendment, UDC Law Review, Washington D.C., March 23, Moderator, Symposium Panel, Smartphones and the 4th Amendment: Expectation of Privacy in a New Age, UDC Law Review, Washington D.C., March 23, Scholarly Commentary: Washington College of Law at American University, Response to Professor Richard E. Myers II, Challenges to Terry for the 21 st Century, Washington D.C., March 9, Judging Juries: Examining Engagement and Exclusion, U.S. District Court for the District of Columbia, Washington D.C., October 31, Mid-Atlantic Clinical Theory Workshop, Washington College of Law, American University, Miranda as Dialogue, Washington D.C., October, 7, NYU Clinical Law Review Workshop, NYU Law School, Miranda as Dialogue: Minimizing Disputed Miranda Waivers in the Interrogation Room, New York City, October 1, American Constitution Society Workshop The Constitution in 2020 hosted by Professor Mark Tushnet, George Washington University School of Law, The Potentiality of Jury Service, Washington D.C., June 16, 2011.

9 ANDREW GUTHRIE FERGUSON PAGE 9 Presenter, A Victim of Injustice: The Story of Leslie Vass and His Wrongful Conviction, Sponsored by the Innocence Project, Washington D.C., April 18, Moderator, Know Your Rights, Know the Law: ACLU Metro Bag Search Symposium, Washington D.C., April 11, Moderator, Life After the War on Drugs: Reviewing Past and Present Polices with an Eye Toward Legal Reform, (Panel on Conflicts between State and Federal Drug Laws) UDC-DCSL Law Review Symposium, Washington D.C., March 24, Presenter, Guilty Until Proven Innocent: A Panel on Factors Leading to Wrongful Convictions, UDC- DCSL, Sponsored by the Innocence Project, Washington D.C., March 29, Juvenile Competency to Waive Miranda Warnings, 2011 BADC Neglect and Delinquency Practice Institute, Washington D.C., March 7, GIS and the High Crime Area Question: Constitutional Problems : National Institute of Justice, Department of Justice, Geospatial Technology Working Group, Arlington, VA., October 14, SELECTED MEDIA APPEARANCES Quoted in national and international media outlets including, The New York Times, The Washington Post, CNN, Associated Press, Time, NPR, The Economist, The USA Today, the ABA Journal, Rolling Stone, the National Law Journal, Forbes, Fox-Latino, Christian Science Monitor, TechCrunch, Gizmodo, the Verge, and the Wall Street Journal among others.

10 ANDREW GUTHRIE FERGUSON PAGE 10 PROFESSIONAL EXPERIENCE Public Defender Service for the District of Columbia Supervising Attorney, Staff Attorney Represented indigent clients in serious felony trials in the District of Columbia. Georgetown Criminal Justice Clinic, Washington D.C. E. Barrett Prettyman Fellowship Represented clients in misdemeanor and felony cases. Supervised law students. United States Court of Appeals for the Fifth Circuit, Houston, TX Law Clerk for the Honorable Carolyn Dineen King PROFESSIONAL ACTIVITIES Appointed Member, Advisory Merit Selection Panel (responsible for interviewing and recommending candidates to be D.C. Superior Magistrate Judges). Welcome to Jury Duty, Jury Video in D.C. Superior Court (narrator of introductory jury video seen by +30,000 citizens a year in D.C. Superior Court). Co-Founder, Getting Scholarship into Court Project (a monthly collaboration with the National Association of Criminal Defense Lawyers (NACDL) to identify and disseminate scholarship to judges and lawyers). Board Member, Free Minds Book Club (non-profit project works with juveniles charged as adults in D.C. jail). Member, Council for Court Excellence, Jury Service in the 21 st Century (year-long review of the jury system in the District of Columbia). Academic Advisor, NYU Law Civil Jury Project. Creator of FourthAmendmentSecurity.com (public education website about Fourth Amendment). Founder/Director, The Citizen Amicus Project, with the American Bar Association s Criminal Justice Section (created a national project directed to encourage law students to contribute to constitutional cases currently before the US Supreme Court ( )). Co-Chair, ABA Criminal Justice Section Law Students Activities Committee ( ). Co-Organizer, AALS/ABA Fall Criminal Justice Conference (part of the AALS criminal justice section) (2012). Co-Founder, Constitution in the Classroom Program, American Constitution Society (developed a national constitutional literacy project for high school and middle school students).