Faculty Scholarship

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click to view scholarship for this faculty Dripps, Donald A.

Books

  • 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)

Contact:

Office of the Dean
Warren Hall, Room 201
Phone: (619) 260-4527