Luke Milligan

Associate Professor of Law

Luke Milligan's picture

Luke Milligan is a lawyer and law professor with an expertise in Criminal Law.  Prof. Milligan got his start at the Washington, D.C., firm of Williams & Connolly, where he defended business executives charged with fraud and related corporate crimes.  Since entering academia he's represented individuals in criminal matters ranging from identity theft to terroristic threatening to murder.  Here at the law school (tenure effective July 2015) Milligan has taught Criminal Law, Criminal Procedure, and Jurisprudence, winning the Alumni Award for Teaching Excellence in 2013.  He has held visiting teaching positions at Emory University, University of Turku (Finland), University of KwaZulu-Natal (South Africa), and University of Mainz (Germany).  Milligan’s writings center on the Search and Seizure Clause of the Fourth Amendment--with recent articles calling for a strong libertarian reading of its "to be secure" text.  His work has been published by the Boston University Law Review, Cardozo Law Review, Emory Law Journal, Georgia Law Review, Hastings Law Journal, and Washington and Lee Law Review, among other journals.  A graduate of Emory Law School, Milligan is a former law clerk to Judge Martin L.C. Feldman of the U.S. District Court in New Orleans and Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit.

Courses Taught

Criminal Law  

Criminal Procedure I 

Criminal Procedure II 



Law Review Articles

The Right to Be Secure, 31 Search & Seizure L. Rep. __ (forthcoming 2014) (reprint in part) 

The Forgotten Right to Be Secure, 65 Hastings L.J. 713 (2014)

The Fourth Amendment and Concreteness Drift, 82 Miss. L.J. 891 (2013)

The Real Rules of "Search" Interpretations, 21 Wm. & Mary Bill Rts. J. 1 (2012)

Analogy Breakers: A Reality Check on Emerging Technologies, 81 Miss. L.J. 1319 (2011)

Modeling the Congressional End-Run Constraint, 45 U. Rich. L. Rev. 863 (2011)

Congressional End-Run: The Ignored Constraint on Judicial Review, 44 Ga. L. Rev. 211 (2010)

Stacking in Criminal Procedure Adjudication, 85 Chi.-Kent L. Rev. 331 (2010)

Rethinking Press Rights of Equal Access, 65 Wash. & Lee L. Rev. 1103 (2008)

The "Ongoing Criminal Investigation" Constraint: Gettting Away With Silence, Wm. & Mary Bill Rts. J. 747 (2008)

A Theory of Stability: John Rawls, Fetal Homicide, and Substantive Due Process, 87 B.U. L. Rev. 1177 (2007)

The Source-Centric Framework to the Exclusionary Rule, 28 Cardozo L. Rev. 2739 (2007)

The Fourth Amendment Rights of Trespassers: Searching for the Legitimacy of the Government-Notification Doctrine, 50 Emory L.J. 1357 (2001) 

Other Publications

Kentucky Penal Code: Degradation and Reform, 78 Ky. Bench & Bar __ (forthcoming January 2015)

Hugo's Trumpet, 77 Ky. Bench & Bar 7 (April 2013)

Beyond Form and Hyperbole, Jurist (April 7, 2011)

Dangerous Incompetence, Louisville Courier-Journal (June 26, 2009)  

University and Community Service


Public Advocacy Commission, Commonwealth of Kentucky, 2010-Present

Brandeis Fellow, Louisville Metro Public Defender's Office, 2014-Present


Faculty Senate, 2013-Present

Law Dean Search Committee, 2013-14 

Law School

Strategic Planning Commitee, 2014-Present; 2012-2013

Dean's Advisory Council, 2012-Present

Faculty Excellence Committee, 2012-Present

Faculty Recruitment Commiteee, 2014-Present; 2009-12