Stephen E. Henderson

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Professor of Law
B.S., University of California at Davis, 1995
J.D., Yale Law School, 1999

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Professor Henderson joined the law faculty in 2011.  In 2013, he was named the outstanding faculty member by the students, and in 2014 he received the VPR Award for Outstanding Research Impact.  He teaches, writes, and lectures in the areas of Criminal Law, Criminal Procedure, Intellectual Property, and Computer Crime.  His research was relied upon by the Privacy and Civil Liberties Oversight Board in finding certain NSA surveillance illegal and possibly unconstitutional (report here).  Recent presentations are available here, starting at the eight minute mark, and here, starting around the 15 minute mark.  Henderson served as Reporter for the American Bar Association Criminal Justice Standards on Law Enforcement Access to Third Party Records, the black letter for which were approved by the House of Delegates in February 2012 and the Commentary to which was published in 2013 (available here). He is cofounder and co-webmaster of the Crimprof Multipedia, an online multimedia pedagogical resource for criminal law and procedure professors, and he has also been working on creating a legal textbook for the twenty-first century (presentation here, starting around minute 13:30).

Before joining OU, Professor Henderson enjoyed eight years at Widener University School of Law in Wilmington, DE, and a year as a visitor at Chicago-Kent College of Law.  He obtained a B.S. in Electrical Engineering from the University of California at Davis where, among other honors, he received the College of Engineering Medal for most outstanding graduating student and received possibly the highest marks ever.  He received a J.D. from Yale Law School, where he co-founded the Yale Law and Technology Society and served as articles editor for the Yale Journal on Regulation.

Following law school, Professor Henderson clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit. He then practiced with Vinson & Elkins and Fish & Richardson, concentrating on intellectual property, criminal law, and the intersections thereof.  He is admitted to practice in Texas and Pennsylvania.

Professor Hendeson is active in his faith and local community, and his pride and joy are his four beautiful daughters, Jessie, Elena, Shawnda, and Katrina; his son Hyrum; and their celestial mom, Hilary. Together they enjoy reading, music, jogging, video games, and most everything in between.  His kids perform music as SquishBAND.


Publications

Our Records Panopticon and the American Bar Association Standards for Criminal Justice, Okla. L. Rev. (forthcoming 2014).

& Joseph Thai, Crowdsourced Coursebooks, Alberta L. Rev. (forthcoming 2014).

Who Should be the 'Decider' on Keeping Our Secrets?, News J. (Wilmington) & Other Gannett Papers, Sept. 17, 2013, at A12 (extended version available here).

Law Enforcement Access to Third Party Records, American Bar Association Standards for Criminal Justice (2013).

& Kelly Sorensen, Search, Seizure, and Immunity: Second-Order Normative Authority and Rights, Crim. Just. Ethics 32.2 (2013) (official reprint here).

Real-time and Historic Location Surveillance After United States v. Jones: An Administrable, Mildly Mosaic Approach, 103 J. Crim. L. & Criminology 803 (symposium edition) (2013).

After United States v. Jones, After the Fourth Amendment Third Party Doctrine, 14 N.C. J. L. & Tech. 431 (symposium edition) (2013).

What Alex Kozinski and the Investigation of Earl Bradley Teach About Searching and Seizing Computers and the Dangers of Inevitable Discovery, 19 Widener L. Rev. 115 (symposium edition) (2013). 

Expectations of Privacy in Social Media
, 31 Mississippi College L. Rev. 227 (symposium edition) (2012).

The Timely Demise of the Fourth Amendment Third Party Doctrine, 96 Iowa L. Rev. Bull. 39 (2011).

“Move On” Orders as Fourth Amendment Seizures
, 2008 BYU L. Rev. 1 (2008).

Beyond the (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, and the Rest of Us Too
, 34 Pepp. L. Rev. 975 (2007).

The Technology of Surveillance: Will the Supreme Court's Expectations Ever Resemble Society's?, Widener Law Magazine (2007).

Learning from All Fifty States: How to Apply the Fourth Amendment and Its State Analogs to Protect Third Party Information from Unreasonable Search, 55 Cath. U.L. Rev. 373 (2006).

Nothing New Under the Sun? A Technologically Rational Doctrine of Fourth Amendment Search
, 56 Mercer L. Rev. 507 (2005). 

& Matthew E. Yarbrough,Suing the Insecure?: A Duty of Care in Cyberspace, 32 N.M.L.R. 11 (2002).

Hijacked From Both Sides – Why Religious Extremists and Religious Bigots Share an Interest in Preventing Academic Discourse on Criminal Jurisprudence Based on the First Principles of Christianity
, 37 Idaho L. Rev. 103 (2000).


Select Recent and Forthcoming Presentations

Regulating Drones, Fifth Annual CrimProf Conference, Newark, NJ, July 21, 2014.

Electronic Media and the Fourth Amendment, Oklahoma Criminal Defense Lawyers Association (OCDLA) 2014 Criminal Defense Institute, Tulsa, OK, June 27, 2014.

Commenter, 2014 Privacy Law Scholars Conference, Washington, DC, June 5, 2014.

The Fourth Amendment in Our World of Ubiquitous Surveillance, Establishing Innocence or Guilt: Causes of and Solutions to Wrongful Convictions, Plano, TX, Feb. 27, 2014.

Constitutional Restraints on Police Interrogation, Freedom 101, Norman, OK, Jan. 8, 2014.

The Miranda Warnings: Why a Right to Remain Silent?, Freedom 101, Norman, OK, Jan. 8, 2014.

Law Enforcement Access to Third Party Records, The Univeristy of Oklahoma Law Review Symposium, Norman, OK, Nov. 15, 2013.

The End of Privacy? Information Privacy, the Fourth Amendment, and Big Data, Meacham Auditorium, Norman, OK, Oct. 17, 2013.

The State(s) of Privacy: Constitution(s) and Code(s), Wisconsin Legislative/Judicial Conference, Madison, WI, Oct. 8, 2013 (available here, starting around the 15 minute mark).

Crowdsourced Coursebooks, The University of Alberta Faculty of Law’s Centenary Conference on The Future of Law School, Edmonton, Alberta, Canada, Sept. 28, 2013 (available here, starting around the 13:30 mark).

Beyond the Casebook and Whiteboard: Teaching Criminal Law with Technology, Faculty Seminar, The University of Alberta, Alberta, Canada, Sept. 26, 2013.

Search, Seizure, and Immunity: Second-Order Normative Authority and Rights, Sixth Annual Rocky Mountain Ethics Congress, Boulder, CO, Aug. 8, 2013.

Commenter, 2013 Privacy Law Scholars Conference, Berkeley, CA, June 7, 2013.

Exigent Circumstances After Kentucky v. King, 2013 Privacy Law Scholars Conference, Berkeley, CA, June 6, 2013.

Panel Chair and Panelist, The Privacy and Social Implications of Unmanned Aerial Systems, Oklahoma UAS Summit, Norman, OK, March 26, 2013.

Federalist Society SCOTUS Post-Decision Podcast on Bailey v. United States, Feb. 26, 2013 (available here).

Moderator and Panelist, Privacy, The Future of Privacy in a Socially Networked World Centennial Symposium, OU Gaylord College of Journalism & The Institute for the American Constitutional Heritage, Norman, OK, Feb. 26, 2013.

Rise of the Drones (er...UAS), Oklahoma State University, Stillwater, OK, Feb. 18, 2013.

Real-time and Historic Location Surveillance after United States v. Jones: An Administrable, Mildly Mosaic Approach, Symposium on Cybercrime, Northwestern University School of Law, Chicago, IL, Feb. 1, 2013 (available here, third panel beginning at 29:30).

After United States v. Jones, After the Fourth Amendment Third Party Doctrine, United States v. Jones Symposium, The University of North Carolina School of Law, Chapel Hill, NC, Jan. 25, 2013 (available here, beginning at eight minute mark).

Federalist Society SCOTUS Post-Argument Podcast on Bailey v. United States, Nov. 1, 2012 (available here).

Jones and the Third Party Doctrine: the Best Way Forward, The University of Minnesota Law School, Minneapolis, MN, Oct. 25, 2012.

The Crimprof Multipedia Turns Three, Twenty-Second Annual Conference for Law School Computing, Thomas Jefferson School of Law, San Diego, CA, June 22, 2012.  

Commenter, 2012 Privacy Law Scholars Conference, Washington, DC, June 6, 2012.

Fellow, Anonymity and Identity in the information Age, Benjamin N. Cardozo School of Law, New York, NY, May 4, 2012.

Organizer and Moderator, Producing Success: An Interdisciplinary Look at the Functions of an Entertainment Enterprise, Fred Jones Jr. Museum of Art, The University of Oklahoma, Norman, OK, April 19, 2012.

Privacy After the Jones GPS Decision
, ABA Teleconference/Webinar, March 16, 2012.

Expectations of Privacy in Social Media
, Social Media and the Law Symposium, Mississippi College School of Law, Jackson, MS, Feb. 24, 2012.