Stephen E. Henderson

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

 Email:  sehenderson@ou.edu

 Phone:  (405) 325-7127

Professor Henderson joined the law faculty in 2011, and in 2013 was named the outstanding faculty member by the students.  Before joining OU he 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 (32 A+, 6 As, and one A-, the last of which continues to chafe because he likes Shakespeare and, like Itchak and Avram, he can maintain a grudge for far too long).  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 Henderson teaches, writes, and lectures in the areas of Criminal Law, Criminal Procedure, Intellectual Property, and Computer Crime (a recent presentation is here, starting at the eight minute mark). He serves 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 are available here. He is cofounder and co-webmaster of the Crimprof Multipedia, an online multimedia pedagogical resource for criminal law and procedure professors.

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.

Publications

& Joseph Thai, Crowdsourced Casebooks (forthcoming 2014).

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

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

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

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

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

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

Crowdsourced Casebooks, The University of Alberta Faculty of Law’s Centenary Conference on The Future of Law School, Edmonton, Alberta, Canada, Sept. 27, 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.

Computer Crime, Match.com legal training, Dallas, TX, Nov. 18, 2011.

The Bradley Search Warrants, Lessons from Tragedy Symposium: Legal, Professional & Ethical Issues Raised by the Earl Bradley Case, Widener University School of Law, Wilmington, DE, Nov. 4, 2011.

What Can We Expect From United States v. Jones, Constitutional Forum: Supreme Court First Monday, The University of Oklahoma College of Law, Norman, OK, Oct. 3, 2011.

Pounding Doors, Questioning Kids, and Trusting Judges, Federal Bar Association Supreme Court Review, Oklahoma City, OK, July 28, 2011.

The Fourth Amendment and New Technologies: Computer Searches, Cell Phones, and Location Tracking, PACDL Search and Seizure Seminar, Pittsburgh, PA, Dec. 10, 2010.

Arizona Senate Bill 1070, Widener University School of Law, Nov. 10, 2010.

Commenter, 2010 Privacy Law Scholars Conference, Washington, DC, June 4, 2010.

A Debate on Gun Control, Widener Law Federalist Society/SBA, March 22, 2010.

Reforming Internet Privacy Law, University of Colorado School of Law, Boulder, CO, Dec. 4, 2009.

Government Data Gathering and Surveillance: Government Access to Records, 2009 Privacy Law Scholars Conference, Berkeley, CA, June 4, 2009.

A Debate on the Death Penalty, Widener Law ACLU/Federalist Society, Feb. 9, 2009.

National Security and Civil Liberties in the Obama Administration, WHYY’s (PBS) Legal Matters, Jan. 22, 2009.