Adam M. Gershowitz
Associate Dean for Academic Affairs and R. Hugh and Nolie Haynes Professor of Law
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.
Professor Gershowitz has won nine teaching awards, including the Professor of the Year prize at three different law schools. At William & Mary, he has been honored with the McGlothlin Teaching Award, the Walter L. Williams, Jr. Memorial Teaching Award, and the 1L Professor of the Year. Previously, he was awarded the All University Teaching Award at the University of Houston. Outside of the classroom, Professor Gershowitz has been quoted in hundreds of media stories, including in N.Y. Times, Wall Street Journal, Washington Post, L.A Times, and NPR.
Professor Gershowitz is the author of more than two dozen scholarly articles, which have appeared in the Michigan Law Review, Northwestern University Law Review, UCLA Law Review, Vanderbilt Law Review, and other leading journals. The College of William & Mary recognized Professor Gershowitz's research with a Plumeri Award for Faculty Excellence in 2015. The Supreme Court cited his amicus brief in its ruling in Riley v. California, 134 S. Ct. 2473 (2014) forbidding warrantless cell phone searches.
Professor Gershowitz served as the Associate Dean for Research and Faculty Development from 2015 to 2019.
- Crim Pro 360: The Investigation Process (Carolina Academic Press, forthcoming 2021).
- Criminal Procedure: The Investigation Process (2021) (with Jeffrey W. Bellin).
- Criminal Procedure: The Adjudication Process (2020) (with Jeffrey W. Bellin).
- Criminal Law: Cases and Comments (Foundation Press 10th ed. 2017; 9th ed. 2013) (with Ashdown & Bacigal).
- The Wire: Crime, Law, and Policy (Carolina Academic Press 2013).
Articles and Book Chapters
- The Myth of the All-Powerful Federal Prosecutor at Sentencing, 95 St. John's L. Rev. ___ (forthcoming 2022).
- The Race to the Top to Reduce Prosecutorial Misconduct, 89 Fordham L. Rev. 1179 (2021) (symposium). SSRN.
- The Opioid Doctors: Is Losing Your License a Sufficient Penalty for Dealing Drugs?, 72 Hastings L.J. 871 (2021). SSRN.
- Punishing Pill Mill Doctors: Inconsistent Sentences in the Opioid Epidemic, 54 U.C. Davis L. Rev. 1053 (2020). SSRN.
- Criminal-Justice Apps, 105 Va. L. Rev. Online 37 (2019). SSRN.
- Justice on the Line: Prosecutorial Screening Before Arrest, 2019 U. Ill. L. Rev. 833 (2019). SSRN.
- The Challenge of Convincing Ethical Prosecutors That Their Profession Has a Brady Problem, 15 Ohio St. J. Crim. L. 307 (2019) (solicited). SSRN.
- Prosecutorial Dismissals as Teachable Moments (and Databases) for the Police, 86 Geo. Wash. L. Rev. 1525 (2018) (symposium). SSRN.
- The Post-Riley Search Warrant: Search & Seizure L. Rep., 69 Vand. L. Rev. 585 (2017). SSRN.
- Consolidating Local Criminal Justice: Should Prosecutors Control the Jails?, 51 Wake Forest L. Rev. 677 (2016) (symposium). SSRN.
- Post-Trial Pleas Bargaining in Capital Cases: Using Conditional Commutations to Remove Weak Cases from Death Row, 73 Wash. & Lee L. Rev. 1359 (2016) (symposium). SSRN.
- Google Glass While Driving, 47 Ariz. St. L.J. 755 (2015). SSRN.
- An NTSB for Capital Punishment, 47 Tex. Tech L. Rev. 151 (2014) (symposium). SSRN.
- Rethinking the Timing of Capital Clemency, 113 Mich. L. Rev. 1 (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 Jury 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.
- 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.
- 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).
- Judge's Ill-Timed Ruling Invites Irrationality in Public's Views About Capital Punishment, Hous. Chron. at B10, Mar. 21, 2010, at B10 (op-ed).
- Searching Cell Phones Incident to Arrest: Can Courts and Legislatures Impose Limits on a Bright Line Rule?, Search & Seizure L. Rep. 9 (2009).
- 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 (op-ed).