Stephen E. Henderson

  • Judge Haskell A. Holloman Professor of Law

Education

B.S., University of California at Davis, 1995

J.D., Yale Law School, 1999

Research Interests

  • Criminal Law
  • Criminal Procedure
  • Privacy
  • Computer Crime
  • Legal Pedagogy

About

Professor Henderson teaches, writes, and speaks about criminal law, criminal procedure, and privacy.  He dabbles in other areas and debates most anything, from law to sports to music, and in a former life he taught intellectual property, most of which he loved but much of which he has forgotten. 

Henderson has been honored to receive teaching and scholarly awards, has served as Reporter for the American Bar Association Criminal Justice Standards on Law Enforcement Access to Third Party Records, and has taught in Batumi, Georgia, in a summer program hosted by that nation’s Constitutional Court.  He is co-editor of The Cambridge Handbook of Surveillance Law, and his personal writing has been argued and utilized in resolving contemporary search and seizure controversies at the state and federal levels.  He is cofounder and co-webmaster of Fourth Amendment Security, a mildly serious public education project, and of The Crimprof Multipedia, an extensive online resource for criminal law and procedure professors.

Henderson obtained a bachelor’s degree in Electrical Engineering from the University of California at Davis, where among other honors he received the College of Engineering Medal and perhaps the highest marks ever.  While receiving his JD from Yale Law School he co-founded the Yale Law and Technology Society, and after law school he 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.

Professor Henderson’s kids are the greatest; they perform together as SquishBAND.  His wife of twenty-three years is pretty great too.

 

Additional Information

Articles

A Few Criminal Justice Big Data Rules, Ohio St. J. Crim. L. (forthcoming).

Daredevil: Legal (and Moral?) Vigilante, Ohio St. J. Crim. L. (forthcoming).

Fourth Amendment Anxiety, Am. Crim. L. Rev. (forthcoming) (with Kiel Brennan-Marquez).

Carpenter v. United States and the Fourth Amendment: The Best Way Forward, Wm. & Mary Bill Rts. J. (forthcoming).

LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons, 13 Ohio St. J. Crim. L. 487 (2016) (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).

A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, 94 Tex. L. Rev. See Also 28 (2016).

Regulating Drones Under the First and Fourth Amendments, 57 Wm. & Mary L. Rev. 49 (2015) (with Marc Jonathan Blitz, James Grimsley, & Joseph Thai).

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).

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).

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).

Books

Criminal Law: Cases and Materials (forthcoming 2018).

The Cambridge Handbook of Surveillance Law (forthcoming 2017) (with David Gray).

Courses Taught

J.D.:

  • Criminal Law 5223
  • Criminal Procedure: Adjudication 5830
  • Criminal Procedure: Investigation 5303

Honors and Awards

Hooding at Graduation (Voted by 3Ls), 2017

Outstanding Professor (Voted by Student Body), 2016

Hooding at Graduation (Voted by 3Ls), 2016

Hooding at Graduation (Voted by 3Ls), 2015

University of Oklahoma Vice President for Research Award for Outstanding Research Impact, 2014

Outstanding Professor (Selected by SBA Leadership), 2013

Popular Press

If You Fly a Drone, so Can Police, Slate, May 26, 2016.

Fourth Amendment at Heart of Dispute Between FBI, Apple, The Oklahoman, March 19, 2016.

Praise Defenders, Not Just Prosecutors, Norman Transcript, Dec. 1, 2015.

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

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

Task Forces

Alternate Member, FAA Drone Advisory Committee Subcommittee, 2016 – Present.

Member, ABA Criminal Justice Section Task Force on Law Enforcement Body Cameras, 2015 – 2016.

Reporter, ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, 2007 – 2013.

Testimony

Updated 09/20/2017 by OU Law: lawcommunications@ou.edu

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