Luke Milligan

Associate Professor of Law

Luke Milligan's picture
   

Luke Milligan is a lawyer and law professor based in Louisville.  Professor Milligan focuses his practice, teaching, and research on criminal law matters. 

Milligan got his start at the Williams & Connolly law firm in Washington, D.C., where he defended individuals and corporations in criminal fraud cases.  Since joining the Louisville faculty he has represented individuals in numerous criminal matters, ranging from identity theft to terroristic threatening to murder. 

At the University of Louisville he teaches Criminal Law, Criminal Procedure, and Jurisprudence (tenure effective July 2015).  Milligan won the Alumni Award for Teaching Excellence in 2013.  In past years he has held visiting positions at Emory University School of Law and the University of Mainz (Germany).

Milligan’s research centers 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." 

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 

Jurisprudence   

Publications

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

Community

Public Advocacy Commission, Commonwealth of Kentucky, 2010-Present

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

University  

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