Stephen E. Henderson
Judge Haskell A. Holloman 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 after teaching elsewhere for nine years. In 2013 and 2016, he was named the outstanding faculty member by the students, in 2014, he received the VPR Award for Outstanding Research Impact, and in 2015, he was named the Judge Haskell A. Holloman Professor of Law. He teaches, writes, and lectures in the areas of Criminal Law, Criminal Procedure, Privacy Law, and Computer Crime. (In a former life he taught Intellectual Property, most of which he loved but much of which he has forgotten.)
Henderson's research was cited by the Privacy and Civil Liberties Oversight Board in finding certain NSA surveillance illegal and possibly unconstitutional (report here), in opinions regarding law enforcement access to cell site location information (Supreme Court of Wisconsin, Supreme Court of Wisconsin, Supreme Judicial Court of Massachusetts), in a Second Circuit opinion developing the law of what he has framed as "move on" orders, and in a recent en banc Second Circuit opinion regarding the overseizure of computer data. He regularly speaks in professional and scholarly contexts, and he has taught in Batumi, Georgia, in a summer program hosted by that nation's Constitutional Court. He is co-editor of the forthcoming Cambridge Handbook of Surveillance Law.
Henderson served as Reporter for the American Bar Association Criminal Justice Standards on Law Enforcement Access to Third Party Records (available here), and currently serves on the ABA Police Body Camera Task Force. He is cofounder and co-webmaster of the Crimprof Multipedia, an online multimedia pedagogical resource for criminal law and procedure professors, and of Fourth Amendment Security, a public education project designed to encourage citizens to learn about their Fourth Amendment rights. Though stymied for now by a lack of financing, he has spent considerable time working on a revolutionary legal textbook platform appropriate to the twenty-first century.
Henderson 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 (the dean thought it so but this was in the day before big data knew all such things). He received a J.D. from Yale Law School, where he co-founded the Yale Law and Technology Society.
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 Henderson has six reasons for living, five of whom perform together as SquishBAND (and a seventh if you count a large dog who outweighs the rest).
Cambridge Handbook of Surveillance Law (forthcoming) (with David Gray).
If You Fly a Drone, so Can Police, Slate, May 26, 2016.
LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons, Ohio St. J. Crim. L. (2016) (forthcoming) (with Andrew Ferguson).
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), 18 U. Pa. J. Const. L. 933 (2016).
Teaching Criminal Procedure, 60 St. Louis Univ. L. J. 413 (2016) (with Joseph Thai).
Fourth Amendment at Heart of Dispute Between FBI, Apple, The Oklahoman, March 19, 2016.
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, 94 Tex. L. Rev. See Also 28 (2016).
Praise Defenders, Not Just Prosecutors, Norman Transcript, Dec. 1, 2015.
Regulating Drones Under the First and Fourth Amendments, 57 Wm. & Mary L. Rev. 49 (2015) (with Marc Jonathan Blitz, James Grimsley, & Joseph Thai).
Testimony on Oklahoma Civil Asset Forfeiture Reform, September 1, 2015.
Reforming the Grand Jury to Protect Privacy in Third Party Records, 64 Am. U. L. Rev. 195 (2014) (with & Andrew E. Taslitz).
A Dedication to Andrew E. Taslitz: "It's All About the Egyptians," and Maybe Tinkerbell Too, 66 Okla. L. Rev. 693 (2014).
Our Records Panopticon and the American Bar Association Standards for Criminal Justice, 66 Okla. L. Rev. 699 (2014).
Crowdsourced Coursebooks, 51 Alberta L. Rev. 907 (2014) (with Joseph Thai).
Who Should be the 'Decider' on Keeping Our Secrets?, News J. (Wilmington) & Other Gannett Papers, Sept. 17, 2013, at A12.
Law Enforcement Access to Third Party Records, American Bar Association Standards for Criminal Justice (2013).
Search, Seizure, and Immunity: Second-Order Normative Authority and Rights, Crim. Just. Ethics 32.2 (2013) (official reprint here) (with Kelly Sorensen).
Real-time and Historic Location Surveillance After United States v. Jones: An Administrable, Mildly Mosaic Approach, 103 J. Crim. L. & Criminology 803 (2013).
After United States v. Jones, After the Fourth Amendment Third Party Doctrine, 14 N.C. J. L. & Tech. 431 (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 (2013).
Expectations of Privacy in Social Media, 31 Mississippi College L. Rev. 227 (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).
A Few Online Presentations
Debate on Civil Asset Forfeiture (2015, organizer and moderator).
Drones as Disruption (Fourth Amendment) (2015, starting around the 4:53:30 mark).
The State(s) of Privacy: Constitution(s) and Code(s) (2013, starting around the 15 minute mark).
Crowdsourced Coursebooks (2013, starting around the 13:30 mark).
After United States v. Jones, After the Fourth Amendment Third Party Doctrine (2013, starting at eight minute mark).