Luke M. Milligan

Assistant Professor of Law

Luke M. Milligan's picture
   

Professor Milligan was a criminal defense lawyer with the Washington, D.C. law firm of Williams & Connolly.  Before joining the firm he served as law clerk to Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit and Judge Martin L.C. Feldman of the U.S. District Court in New Orleans.  While a law student at Emory he was articles editor of the Emory Law Journal and worked on capital post-conviction matters at the Carter Center.   

Milligan's research draws on constitutional theory, political theory, and political science to describe how judges make rules affecting the criminal justice system. His ongoing projects examine the forces constraining the judiciary's interpretation of the Fourth Amendment.  Milligan's writings have appeared in the Boston University Law Review, Cardozo Law Review, Emory Law Journal, Georgia Law Review, and Washington and Lee Law Review, among others.  He is co-author of the forthcoming edition of Criminal Law: Cases, Materials, and Text (West, 8th ed., 2012) (with Morgan Cloud).

Professor Milligan began his teaching career as a visiting assistant professor at Emory Law School.  In recent years he has been a visiting lecturer at the University of Turku (Finland) and the University of KwaZulu-Natal (South Africa).   

Courses Taught

Criminal Law, Criminal Procedure, Habeas Corpus, Law & Religion, Jurisprudence 

Publications

Books

CRIMINAL LAW: CASES, MATERIALS, AND TEXT (West, 8th ed., forthcoming 2012) (w/ Cloud). 

Articles 

To Be Secure: The Forgotten Words of the Fourth Amendment (forthcoming)

Concreteness Drift:  Why Katz Was Born to Lose (forthcoming 2012)

Atomic Code: The Real Rules of Fourth Amendment Interpretations, 20 William & Mary Bill of Rights Journal __ (forthcoming 2012) 

Modeling the Congressional End-Run Constraint, 45 University of Richmond Law Review 863 (2011)

Analogy Breakers: A Reality Check on Emerging Technologies, 81 Mississippi Law Journal 1319 (2011)

Congressional End-Run: The Ignored Constraint on Judicial Review, 44 Georgia Law Review 211 (2010)

Stacking in Criminal Procedure Adjudication, 85 Chicago-Kent Law Review 331 (2010)

The Remains of Confessions Jurisprudence, __ Revue Internationale de Langue Juridiques et de Droit Compare __(forthcoming 2009) (w/ Weaver)

Rethinking Press Rights of Equal Access, 65 Washington & Lee Law Review 1103 (2008)

Presidential Power and the "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, 16 William & Mary Bill of Rights Journal 747 (2008)

A Theory of Stability: John Rawls, Fetal Homicide, and Substantive Due Process, 87 Boston University Law Review 1177 (2007)

The Source-Centric Framework to the Exclusionary Rule, 28 Cardozo Law Review 2739 (2007)

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

University and Community Service

Commissioner, Department of Public Advocacy, Commonwealth of Kentucky, 2010-Present

Faculty Appointments Commitee, University of Louisville School of Law, 2009-Present

Strategic Planning Committee, University of Louisville School of Law, 2011

Faculty Senate, University of Louisville, 2012