Publications

• Decentering Property in Fourth Amendment Law, 92 U. Chicago L. Rev. __ (forthcoming 2025) (with Michael C. Pollack). Accepted, 02/15/2024.
• The Reality of the Good Faith Exception, 113 Georgetown L.J. __ (forthcoming 2025) (with Michael Gentithes). Accepted, 02/10/2024.
• Government Purchases of Private Data, 59 Wake Forest L. Rev. __ (forthcoming 2024). Accepted, 10/2023.
• Disease-Preventive Behaviors and Subjective Well-Being in the COVID-19 Pandemic, 11 BMC Psychology 288 (2023) (peer-reviewed journal) (with Hadley Rahrig and Jeffrey D. Green). Published, 09/2023.
• Regulating Artificial Intelligence, 56 Arizona State L.J. __ (forthcoming 2024) (with Yonathan Arbel and Albert C. Lin). Accepted, 09/2023.
• The Carpenter Test as a Transformation of Fourth Amendment Law, 2023 U. Illinois L. Rev. 507 (2023). Published, 01/2023.
• The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021, 135 Harvard L. Rev. 1790 (2022). Published, 05/2022.
• Smart Meters as a Catalyst for Privacy Law, 72 Florida L. Rev. F. 104 (2022). Published, 01/2022.
• Telephone Pole Cameras Under Fourth Amendment Law, 83 Ohio State L.J. 977 (2022). Published, 01/2022.
• Social Norms in Fourth Amendment Law, 119 Michigan L. Rev. 265 (2021) (with Ari E. Waldman). Published, 08/2020.
• Inescapable Surveillance, 105 Cornell L. Rev. 409 (2021). Published, 03/2020.
• Supreme Court Clerks and the Death Penalty, 89 George Washington L. Rev. Arguendo 48 (2020) (symposium essay). Published, 11/2019.
• The Emerging Principles of Fourth Amendment Privacy, 88 George Washington L. Rev. 1 (2020). Published, 03/2019.
• 42nd Annual Foulston-Siefkin Lecture, The Next Wave of Fourth Amendment Challenges after Carpenter, 59 Washburn L.J. 1 (2020) (keynote lecture). Published, 03/2019.
• The Normative Fourth Amendment, 104 Minnesota L. Rev. 741 (2019). Published, 02/2019.
• Blank Slates, 59 Boston College L. Rev. 591 (2018). Published, 01/2018.
• Knowledge and Fourth Amendment Privacy, 111 Northwestern U. L. Rev. 139 (2016). Published, 12/2016.
• Judicial Resistance and Legal Change, 82 U. Chicago L. Rev. 901 (2015). Published, 01/2015.
• Automation and the Fourth Amendment, 96 Iowa L. Rev. 581 (2011). Published, 03/2011.
• The Content/Envelope Distinction in Internet Law, 50 William & Mary L. Rev. 2105 (2009). Published, 04/2009.
• Virtual Confrontation: Is Videoconference Testimony by an Unavailable Witness Constitutional?, 74 U. Chicago L. Rev. 1581 (2007). Published, 01/2007.

Presentations

• The Present and Future of Fourth Amendment Law, Utah Juvenile Judges' Conference. Presentation, Presented, 04/2023.
• The Carpenter Test and Pole Camera Surveillance, Technology Governance Workshop, University of Nebraska School of Law. Presentation, Presented, 02/2023.
• Criminal Justice: Perception v. Reality: How Evolving Understandings of Technology Influence Fourth Amendment Jurisprudence, AALS Conference. Panel, Presented, 01/2023.
• ACS Junior Scholars Workshop, AALS Conference. Panel, Presented, 01/2023.
• Discussant, Law & Technology Workshop, University of Minnesota Law School. Presentation, Presented, 01/2023.
• The Case for Affirmative Action in the Harvard/UNC Litigation, Federal Bar Association 17th Annual Tri-State Seminar. Presentation, Presented, 09/2022.
• The Carpenter Test as a Transformation of Fourth Amendment Law, Privacy Law Scholars Conference, Northeastern University School of Law. Presentation, Presented, 06/2022.
• The Carpenter Test and Pole Camera Surveillance, Ohio State Law Journal Symposium. Presentation, Presented, 02/2022.
• The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018–2021, Utah Indigent Defense Division. Presentation, Presented, 01/2022.
• State v. Malloy and the Fourth Amendment, University of Utah Webinar (with District Attorney Sam Sutton). Presentation, Presented, 01/2022.
• The Present and Future of Fourth Amendment Law,”Utah Appellate Court Judges Conference. Presentation, Presented, 09/2021.
• The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018–2021, SEALS Conference. Presentation, Presented, 08/2021.
• The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018–2021. Privacy Law Scholars Conference, Georgetown Law School; University of Akron School of Law Faculty Workshop; Rocky Mountain Junior Scholars Conference. Invited Talk/Keynote, Presented, 06/2021.
• Social Norms in Fourth Amendment Law, Law & Society Association Annual Conference; Joel R. Reidenberg Northeast Privacy Scholars Workshop, Northeastern University School of Law. Conference Paper, Refereed, Presented, 05/2021.
• Chokeholds and Officer Misconduct: Stopping the Police Force Crisis, BYU School of Law. Panel, Presented, 11/2020.
• Inescapable Surveillance, AALS Criminal Justice Section Works in Progress Panel; University of Akron School of Law Faculty Workshop; Privacy Law Scholars Conference, George Washington University School of Law. Invited Talk/Keynote, Presented, 01/2020.
• DNA Evidence, University of Utah School of Human Genetics. Invited Talk/Keynote, Presented, 09/2019.
• Emerging Principles of Fourth Amendment Privacy, Privacy Law Scholars Conference, UC Berkeley School of Law, May 2019. Conference Paper, Refereed, Presented, 05/2019.
• 42nd Annual Foulston-Siefkin Lecture, The Next Wave of Fourth Amendment Challenges after Carpenter, Washburn University School of Law, March 2019 . Invited Talk/Keynote, Presented, 03/26/2019.
• Privacy and the Fourth Amendment, University of Central Florida. Invited Talk/Keynote, Presented, 03/02/2019.
• Genetics and Criminal Law Enforcement, University of Utah School of Medicine . Invited Talk/Keynote, Presented, 10/2018.
• The Normative Fourth Amendment, Vanderbilt Criminal Justice Roundtable, CrimFest, Benjamin N. Cardozo School of Law; Ruth Bader Ginsburg Clerk Reunion Workshop, United States Supreme Court; Summer Workshop Series, The Ohio State University Moritz College of Law. Presentation, Presented, 07/2018.
• Blank Slates, AALS Criminal Justice Section Mid-Year Meeting/CrimFest, American University Washington College of Law; BYU Works in Progress Faculty Workshop, BYU Law School; Rocky Mountain Junior Scholars Conference, BYU Law School. Presentation, Presented, 06/2017.
• Knowledge and Fourth Amendment Privacy, Saint Louis University School of Law; Southeastern Association of Law Schools Conference; CrimFest, Benjamin N. Cardozo School of Law; Privacy Law Scholars Workshop, George Washington University Law School; Midwestern Privacy Law Scholars Workshop, The Ohio State University Moritz College of Law; Salmon P. Chase College of Law, Faculty Workshop. Presentation, Presented, 08/2016.
• Automation and the Fourth Amendment, The University of Chicago Law School, Faculty Works in Progress Workshop; George Washington Law School, Privacy Law Scholars Conference. Presentation, Presented, 10/2010.
• Booker, EBay, and Legal Change, The University of Chicago Law School, Legal Scholarship Workshop. Presentation, Presented, 09/2010.