Recent ​Faculty Scholarship

​Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.

USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.

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Dripps, Donald


  • Criminal Law and Procedure: Cases and Materials, 12th Ed. (with Boyce, and Perkins) (Foundation Press, 2013)
  • Teacher's Manual for Criminal Law and Procedure, 12th Ed. (Foundation Press, 2013)
  • About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure (Greenwood Press, 2003)

Chapters of Books or Articles within Books

  • “Understanding Due Process” (in the Cambridge Companion to the Constitution) in (Karren Orren, and John Compton, eds.) (Cambridge University Press, forthcoming 2016)
  • “The Substance-Procedure Relationship in Criminal Law” in Philosophical Foundations of Criminal Law p.409 (Duff, and Green, eds.) (Oxford University Press, 2011)
  • “Rape, Law, and American Society” in Rethinking Rape Law: International and Comparative Perspectives p.224 (McGlynn, and Munro, eds.) (Routledge-Cavendish, 2010)
  • “Fifth Amendment—Self-Incrimination Clause” in The Heritage Guide to the Constitution p.335 (Forte, Meese, and Spalding, eds.) (Regnery Publishing, 2005)
  • “Sixth Amendment—Right-to-Counsel Clause” in The Heritage Guide to the Constitution p.357 (Forte, Meese, and Spalding, eds.) (Regnery Publishing, 2005)
  • “Criminal Justice Process” in Encyclopedia of Crime and Justice p.362, 2nd Ed. (Dressler, ed.) (Macmillan Reference USA, 2002)
  • “Exclusionary Rule” in Encyclopedia of Crime and Justice p.629, 2nd Ed. (Dressler, ed.) (Macmillan Reference USA, 2002)
  • “Precommitment and Prohibition” in The New Palgrave Dictionary of Economics and the Law p.75 (Newman, ed.) (Palgrave Macmillan, 1998)
  • “The Miranda Rules (Update)” in Encyclopedia of the American Constitution p.330 (Karst, Levy, and Winkler, eds.) (Macmillan Reference USA, 1992)

Journal Articles

  • “"Perspectives on the Fourth Amendment" Forty Years Later: Toward an Inclusive Regulatory Model” in 100 Minnesota Law Review 1885 (2016)
  • Guilt, Innocence, and Due Process of Plea Bargaining” in 57 William and Mary Law Review 1343 (2016)
  • “The Civil Sdie of Criminal Procedures” in 14 Ohio State Law Journal (2016)
  • “Race and Crime Sixty Years After Brown v. Board of Education” in 52 San Diego Law Review 899 (2015)
  • Does Liberal Procedure Cause Punitive Substance? Preliminary Evidence from Some Natural Experiments” in 87 Southern California Law Review 459 (2014)
  • 'Dearest Property': Digital Evidence and the History of Private 'Papers' as Special Objects of Search and Seizure” in 103 Journal of Criminal Law and Criminology 49 (2013)
  • “Why Gideon Failed: Politics and Feedback Loops in the Reform of Criminal Justice” in 70 Washington and Lee Law Review 833 (2013)
  • “Plea Bargaining and the Supreme Court: The End of the Beginning?” in 25 Federal Sentencing Reporter 55 (2012)
  • Responding to the Challenges of Contextual Change and Legal Dynamism in Interpreting the Fourth Amendment” in 81 Mississippi Law Journal 1085 (2012)
  • Up from Gideon” in 45 Texas Tech Law Review 113 (2012)
  • On Reach and Grasp in Criminal Procedure: Crawford in California ” in 37 North Carolina Journal of International Law and Commercial Regulation 349 (2011)
  • Controlling the Damage Done by Crawford v. Washington: Three Constructive Proposals” in 7 Ohio State Journal of Criminal Law 521 (2010)
  • The 'New' Exclusionary Rule Debate: From 'Still Preoccupied with 1985' to 'Virtual Deterrence'” in 37 Fordham Urban Law Journal 743 (2010)
  • “The Fourth Amendment, the Exclusionary Rule, and the Roberts Court: Normative and Empirical Dimensions of the Over-Deterrence Hypothesis” in 86 Chicago-Kent Law Review 209 (2010)
  • Recreational Drug Regulation: A Plea for Responsibility” in 2009 Utah Law Review 117 (2009)
  • Rehabilitating Bentham's Theory of Excuses” in 42 Texas Tech Law Review 383 (2009)
  • The Fourteenth Amendment, the Bill of Rights, and the (First) Criminal Procedure Revolution” in 18 Journal of Contemporary Legal Issues 469 (2009)
  • “The Priority of Politics and Procedure Over Perfectionism in Penal Law, OR, Blackmail in Perspective” in 3 Criminal Law & Philosophy 247 (2009)
  • “After Rape Law: Will the Turn to Consent Normalize the Law of Sexual Assault?” in 41 Akron Law Review 957 (2008)
  • “Is the Privilege Against Private Discrimination an Artifact or an Icon? ” in 43 San Diego Law Review 1063 (2007)
  • “Justice Harlan on Criminal Procedure: Two Cheers for the Legal Process School” in 3 Ohio State Journal of Criminal Law 125 (2005)
  • Overcriminalization, Discretion, Waiver: A Survey of Possible Exit Strategies” in 109 Penn State Law Review 1155 (2005)
  • “Three Tensions, and One Omission, in the Case for the Federal Marriage Amendment” in 42 San Diego Law Review 935 (2005)
  • “Ineffective Assistance of Ineffective Assistance Claims: Some Uncomfortable Reflections on Massaro v. United States” in 42 Brandeis Law Review 33 (2004)
  • “The Fourth Amendment and the Fallacy of Composition: Determinacy Versus Legitimacy in a Regime of Bright-Line Rules” in 73 Mississippi Law Journal 341 (2004)
  • “Fundamental Retribution Error: Criminal Justice and the Social Psychology of Blame ” in 56 Vanderbilt Law Review 1383 (2003)
  • “Terror and Tolerance: Criminal Justice for the New Age of Anxiety” in 1 Ohio State Journal of Criminal Law 9 (2003)
  • “Constitutional Theory for Criminal Procedure: Miranda, Dickerson, and the Continuing Quest for Broad-but-Shallow” in 43 William and Mary Law Review 1 (2001)
  • “On the Costs of Uniformity, and the Prospects of Dualism in Constitutional Criminal Procedure” in 45 St. Louis University Law Journal 433 (2001)
  • “The Case for the Contingent Exclusionary Rule” in 38 American Criminal Law Review 1 (2001)
  • Is the Miranda Caselaw Really Inconsistent? A Proposed Fifth Amendment Synthesis” in 17 Constitutional Commentary 19 (2000)
  • “Miscarriages of Justice and the Constitution” in 2 Buffalo Criminal Law Review 635 (1999)
  • “The Variola Variation” in 16 Constitutional Commentary 511 (1999)
  • “The Liberal Critique of the Harm Principle” in 17 Criminal Justice Ethics 3 (1998)
  • “Ineffective Assistance of Counsel: The Case for an 'Ex Ante' Parity Standard” in 88 The Journal of Criminal Law and Criminology 242 (1997)
  • “Akhil Amar on Criminal Procedure and Constitutional Law: 'Here I Go Down that Wrong Road Again'” in 74 North Carolina Law Review 1560 (1996)
  • “For a Negative, Normative Model of Consent, With a Comment on Preference-Skepticism” in 2 Legal Theory 113 (1996)
  • “Police, Plus Perjury, Equals Polygraphy” in 86 The Journal of Criminal Law and Criminology 693 (1996)
  • “Relevant but Prejudicial Exculpatory Evidence: Rationality Versus Jury Trial and the Right to Put on a Defense ” in 69 Southern California Law Review 1389 (1996)
  • “The Exclusivity of the Criminal Law: Toward a 'Regulatory Model' of, or 'Pathological Perspective' on, the Civil-Criminal Distinction” in 7 Journal of Contemporary Legal Issues 199 (1996)
  • Bowers v. Hardwick and the Law of Standing: Noncases Make Bad Law” in 44 Emory Law Journal 1417 (1995)
  • “At the Borders of the Fourth Amendment: Why a Real Due Process Test Should Replace the Outrageous Government Conduct Defense” in 1993 University of Illinois Law Review 261 (1993)
  • “Criminal Procedure, Footnote Four, and the Theory of Public Choice: OR, Why don't Legislatures Give a Damn about the Rights of the Accused?” in 44 Syracuse Law Review 1079 (1993)
  • “More on Distinguishing Sex, Sexual Expropriation, and Sexual Assault: A Reply to Professor West” in 93 Columbia Law Review 1460 (1993)
  • “Precommitment, Prohibition, and the Problem of Dissent” in 22 The Journal of Legal Studies 255 (1993)
  • “Beyond Rape: An Essay on the Difference Between the Presence of Force and the Absence of Consent” in 92 Columbia Law Review 1780 (1992)
  • “Self-Incrimination and Self-Preservation: A Skeptical View” in 1991 University of Illinois Law Review 329 (1991)
  • “Beyond the Warren Court and its Conservative Critics: Toward a Unified Theory of Constitutional Criminal Procedure” in 23 University of Michigan Journal of Law Reform 591 (1990)
  • “Delegation and Due Process” in 1988 Duke Law Journal 657 (1988)
  • “Foreward: Against Police Interrogation--and the Privilege Against Self-Incrimination” in 78 Journal of Criminal Law and Criminology 699 (1988)
  • “The Constitutional Status of the Reasonable Doubt Rule” in 75 California Law Review 1665 (1987)
  • “Living with Leon” in 95 Yale Law Journal 906 (1986)
  • “More on Search Warrants, Good Faith, and Probable Cause” in 95 Yale Law Journal 1424 (1986)
  • “New Directions for the Regulation of Public Employee Strikes” in 60 NYU Law Review 590 (1985)

Presentations and Conferences

  • "Procedure for No Substance, OR, 229 Degrees of Theft" at Osgoode Hall Law School's Conference on the Philosophy of Criminal Procedure at Osgoode Hall (November 6, 2016)
  • "Miranda for the Next Fifty Years: Why the Fifth Amendment Should Go Fourth" at Boston University Law School's Symposium on the Fiftieth Anniversary of Miranda v. Arizona at Boston University School of Law (October 1, 2016)
  • ""Perspectives on the Fourth Amendment" Forty Years Later: Toward an Inclusive Regulatory Model" as presenter at Minnesota Law Review's Centennial Symposium at University of Minnesota Law School (October 2, 2015)
  • "Reinventing Plea Bargaining" as presenter at Paper for the Robina Institute Conference on The Future of Criminal Law at University of Minnesota (April 26, 2014)