William and Mary Law School
Adam M. Gershowitz

Adam M. Gershowitz

Kelly Professor of Teaching Excellence and Professor of Law
Degrees: J.D., University of Virginia School of Law; B.A., University of Delaware
Email: [[amgershowitz]]
Office phone: (757) 221-7363
Office location: Room 259
Full resume: here (.pdf in new window)
Areas of Specialization

Criminal Law; Criminal Law--White Collar Crime; Criminal Procedure Law

Representative Professional Activities and Achievements

Adam Gershowitz received his undergraduate degree, summa cum laude, from the University of Delaware. He then earned his law degree from the University of Virginia School of Law, where he was elected to the Order of the Coif, won the Roger and Madeleine Traynor Prize for best paper by a graduating student, and served as the Articles Development Editor of the Virginia Law Review. After law school, Professor Gershowitz served as a law clerk to the Honorable Robert B. King of the United States Court of Appeals for the Fourth Circuit and worked as a litigation associate at Covington & Burling. Prior to joining William & Mary, Professor Gershowitz taught at the University of Houston Law Center and South Texas College of Law.

Gershowitz has won six teaching awards, including the Professor of the Year prize at both of his prior law schools and the All University Teaching Award at the University of Houston. He has been quoted in hundreds of media stories, including in The New York Times, Wall Street Journal, Washington Post, Los Angeles Times, and NPR. The Supreme Court cited his amicus brief in its unanimous ruling in Riley v. California, 134 S. Ct. 2473 (2014) forbidding warrantless cell phone searches.

Scholarly Publications
  • Co-author, Criminal Law: Cases and Comments (Found. Press 9th ed. 2013) (with Andre Moenssens, Ronald Bacigal & Gerald Ashdown).
  • The Wire: Crime, Law, and Policy (Carolina Academic Press 2013).
  • Google Glass While Driving, 47 Ariz. St. L.J. ___ (forthcoming 2015). SSRN.
  • Rethinking the Timing of Capital Clemency, 113 Mich. L. Rev. 1 (2014). SSRN.
  • Symposium, An NTSB for Capital Punishment, 47 Tex. Tech L. Rev. ___ (forthcoming 2014). SSRN.
  • The Wire as a Gap-Filling Class on Criminal Law and Procedure, 64 J. Legal Educ. 117 (2014). SSRN.
  • Why Arizona v. Gant Is the Wrong Solution to the Warrantless Cell Phone Search Problem, 94 B.U. L. Rev. Annex 9 (2014) (solicited). SSRN.
  • Seizing a Cell Phone Incident to Arrest: Data Extraction Devices, Faraday Bags, or Aluminum Foil as a Solution to the Warrantless Cell Phone Search Problem, 22 Wm. & Mary Bill Rts. J. 601 (2013). SSRN.
  • Is Texas Tough on Crime But Soft on Criminal Procedure?, 49 Am. Crim. L. Rev. 31 (2012). SSRN.
  • Texting While Driving Meets the Fourth Amendment: Deterring Both Texting and Warrantless Cell Phone Searches, 54 Ariz. L. Rev. 577 (2012). SSRN.
  • 12 Unnecessary Men: The Case for Eliminating July Trials in Drunk Driving Cases, 2011 U. Ill. L. Rev. 961 (2011). SSRN.
  • Password Protected? Can a Password Save Your Cell Phone From a Search Incident to Arrest?, 96 Iowa L. Rev. 1125 (2011). SSRN.
  • Co-author, The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, 105 Nw. U. L. Rev. 261 (2011) (with Laura R. Killinger). SSRN.
  • Can Police Search Your Cell Phone, and Even Break Your Password, During an Arrest?, Champion, Nov. 2011, at 16.
  • Statewide Capital Punishment: The Case for Eliminating Counties' Role in the Death Penalty, 63 Vand. L. Rev. 307 (2010). SSRN.
  • Co-author, Imputed Liability for Supervising Prosecutors: Applying the Military Doctrine of Command Responsibility To Reduce Prosecutorial Misconduct, 14 Berkeley J. Crim. L. 395 (2009) (with G. Corn). SSRN.
  • Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, 42 U.C. Davis L. Rev. 1059 (2009). SSRN.
  • An Informational Approach to the Mass Imprisonment Problem, 40 Ariz. St. L.J. 47 (2008). SSRN.
  • Get in the Game or Get Out of the Way: Fixing the Politics of Death, 94 Va. L. Rev. In Brief 51 (2008).
  • The iPhone Meets the Fourth Amendment, 56 UCLA L. Rev. 27 (2008). SSRN.
  • Imposing a Cap on Capital Punishment: A Proposal for Minimizing the Arbitrariness of the Death Penalty, 72 Mo. L. Rev. 73 (2007). SSRN.
  • Pay Now, Execute Later: Why Counties Should Be Required to Post a Bond to Seek the Death Penalty, 41 U. Rich. L. Rev. 861 (2007). SSRN.
  • Raise the Proof: A Default Rule for Indigent Defense, 40 Conn. L. Rev. 85 (2007).
  • The Invisible Pillar of Gideon, 80 Ind. L.J. 571 (2005). SSRN.
  • The Diffusion of Responsibility in Capital Clemency, 17 J.L. Pol. 669 (2001). SSRN.
  • Note, The Supreme Court's Backwards Proportionality Jurisprudence: Comparing Judicial Review of Excessive Criminal Punishments and Excessive Punitive Damages Awards, 86 Va. L. Rev. 1249 (2000). SSRN.
  • Delaware's Capital Jury Selection: Inadequate Voir Dire and the Problem of Automatic Death-Penalty Jurors, 2 Del. L. Rev. 235 (1999).
  • Symposium on Riley v. California: Surprising Unanimity, Even More Surprising Clarity, SCOTUSblog, June 26, 2014. Online.
  • Can a Password Stop Police From Searching Your Cell Phone Incident to Arrest?, Search & Seizure L. Rep. 81 (2012).
  • Prosecutorial Misconduct and Supervisory Responsibility, Loy. J. Pub. Int. L. 331 (2012) (invited).
  • Op-ed, Judge's Ill-Timed Ruling Invites Irrationality in Public's Views About Capital Punishment, Hous. Chron. at B10, Mar. 21, 2010, at B10.
  • Searching Cell Phones Incident to Arrest: Can Courts and Legislatures Impose Limits on a Bright Line Rule?, Search & Seizure L. Rep. 9 (2009).
  • Op-ed, The Death Penalty for Child Rape: Why Texas May Help Louisiana, Jurist, May 2, 2007.
  • Op-ed, Supreme Court Nominees and the Fourth Circuit Curse, Findlaw, Mar. 26, 2003.

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