Adam M. Gershowitz
Professor of Law
Email: [[amgershowitz]]
Office phone: (757) 221-7363
Office location: Room 254F
Full resume: here (.pdf in new window)
Areas of Specialization
Criminal Law; Criminal Law--White Collar Crime; Criminal Procedure Law
Teaching in Academic Year 2013-2014
Contracts; Criminal Procedure I; The Wire: Crime, Law & Policy
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. During his first seven years of teaching, Gershowitz 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.
Scholarly Publications
Books
- Co-author, Criminal Law: Cases and Comments (Found. Press 9th ed. 2013) (with Moenssens, Bacigal, and Ashdown).
- The Wire: Crime, Law, and Policy (Carolina Academic Press 2013).
Articles
- Is Texas Tough on Crime But Soft on Criminal Procedure?, 49 Am. Crim. L. Rev. 31 (2012). SSRN.
- Texting While Drive Meets the Fourth Amendment: Deterring Both Texting and Warrantless Cell Phone Searches, 54 Ariz. L. Rev. 577 (2012). SSRN.
- Co-author, The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, 105 Nw. U. L. Rev. 261(2011) (with L. Killinger). SSRN.
- Password Protected? Can a Password Save Your Cell Phone From a Search Incident to Arrest, 96 Iowa L. Rev. 1125 (2011). SSRN.
- 12 Unnecessary Men: The Case for Eliminating Jury Trials in Drunk Driving Cases, 2011 U. Ill. L. Rev. 961 (2011). SSRN.
- 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, 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.
- The iPhone Meets the Fourth Amendment, 56 UCLA L. Rev. 27 (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) .
- An Informational Approach to the Mass Imprisonment Problem, 40 Ariz. St. L. J. 47 (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.
- Raise the Proof: A Default Rule for Indigent Defense, 40 Conn. L. Rev. 85 (2007).
- 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.
- 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).
Other
- Prosecutorial Misconduct and Supervisory Responsibility, 13 Loy. J. Pub. Int. L. 331 (2012) (invited lecture).
- Can a Password Stop Police From Searching Your Cell Phone Incident to Arrest?, 38 Search & Seizure L. Rep. 81 (2012).
- Can Police Search Your Cell Phone, and Even Break Your Password, During an Arrest?, 35 Champion 16 (Nov. 2011).
- Judge’s Ill-Timed Ruling Invites Irrationality in Public’s Views About Capital Punishment, Hous. Chron. at B10 (March 21, 2010).
- Searching Cell Phones Incident to Arrest: Can Courts and Legislatures Impose Limits on a Bright Line Rule?, 36 Search & Seizure L. Rep. 9 (2009).
- The Death Penalty for Child Rape: Why Texas May Help Louisiana, Jurist (May 2, 2007).
- Supreme Court Nominees and the Fourth Circuit Curse, Findlaw (March 2003).
