Luke M. Milligan

Associate Professor of Law

Luke M. Milligan's picture

Luke Milligan is a law professor at the University of Louisville.  Professor Milligan centers his research on criminal procedure and judicial behavior, with an emphasis on the contending interpretations of the Fourth Amendment. His articles have appeared in the Boston University Law Review, Cardozo Law Review, Emory Law Journal, Georgia Law Review, Hastings Law Journal, and Washington and Lee Law Review, among others. Milligan's current projects examine the original meaning of the Fourth Amendment's right "to be secure."

Milligan won the Alumni Award for Teaching Excellence in 2013.  He has held visiting positions at Emory University School of Law and the University of Mainz (Germany).  In Fall 2014 he will serve as the inaugural Brandeis Fellow at the Louisville Metro Public Defender's Office. 

Before joining the faculty Milligan was a criminal defense lawyer with the Washington, D.C., law firm Williams & Connolly.  He also 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.  Milligan received his J.D., with honors, from Emory University School of Law, where he served as Articles Editor of the Emory Law Journal and worked on post-conviction matters at the Carter Center.  He holds a B.S.B. in Economics from Miami of Ohio.  Milligan was born in Marion, Ohio.     

Courses Taught

Criminal Law  

Criminal Procedure I 

Criminal Procedure II 



Law Review Articles

The Forgotten Right to Be Secure, 65 Hastings L.J. 713 (2014) (reprinted in part in The Right to Be Secure, 31 Search & Seizure L. Rep. __ (forthcoming 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

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