Daniel Epps
Professor of Law
Professor Daniel Epps writes at the intersection of constitutional law and theory, federal courts, and criminal law and procedure. His scholarship has appeared or will appear in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the Michigan Law Review, the New York University Law Review, the University of Pennsylvania Law Review, the Southern California Law Review, the Vanderbilt Law Review, and the American Law & Economics Review. His writing for popular audiences has appeared in The New York Times, The Wall Street Journal, The Washington Post, The Guardian, Vox, The Atlantic, and The Washington Monthly.
As a nationally recognized expert on the U.S. Supreme Court, Professor Epps is regularly quoted in the media. He has particular expertise in Supreme Court reform, where his work is influencing major policy debates. After presidential candidate Mayor Pete Buttigieg endorsed his and Ganesh Sitaraman’s proposal to restructure the Supreme Court, the plan received widespread attention in the popular press. A pioneering legal podcaster, he currently co-hosts Divided Argument with Professor William Baude, a podcast that analyzes the Court’s work. Professor Epps is an experienced Supreme Court litigator, whose notable practice experience includes serving as co-counsel for the defendant in Ocasio v. United States and drafting the successful petition for certiorari and merits briefing in Walden v. Fiore. He also served as a Special Counsel for Senator Sheldon Whitehouse during the Senate confirmation process for then-Judge Amy Coney Barrett.
Professor Epps received his A.B. summa cum laude with highest distinction in philosophy from Duke University and his J.D. magna cum laude from Harvard Law School, where he was Articles Co-Chair of the Harvard Law Review and won the John M. Olin Law & Economics Prize. After law school, he clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and for Justice Anthony M. Kennedy of the Supreme Court of the United States. He then spent several years as an appellate specialist at King & Spalding LLP in Washington, D.C. While in practice, he also co-taught Supreme Court Decision-making at the University of Virginia School of Law. Immediately prior to joining WashULaw, he was a Climenko Fellow and Lecturer on Law at Harvard Law School.
- Education
- J.D. magna cum laude, Harvard Law School, 2008
- A.B. summa cum laude (with highest distinction in Philosophy), Duke University, 2004
- Courses
- Constitutional Law
- Criminal Procedure: Adjudication
- Criminal Procedure: Investigation
- Criminal Law
- Public Law Theory
- Areas of Expertise
- Constitutional Law & Theory
- Federal Courts
- Criminal Law & Procedure
- U.S. Supreme Court
- Publications
Selected Articles & Essays
- “The Endgame of Court-Packing,” 25 American Law & Economics Review _ (forthcoming 2024) (with Adam Chilton, Maya Sen & Kyle Rozema
- “The False Promise of Jurisdiction Stripping,” 123 Columbia Law Review 2077 (2023) (with Alan Trammell)
- “The Fourth Amendment and General Law,” 132 Yale Law Journal 910 (2023) (with Danielle D’Onfro)
- “The Informed Jury,” 75 Vanderbilt Law Review 823 (2022) (with William Ortman)
- “Designing Supreme Court Term Limits,” 95 Southern California Law Review 1 (2021) (with Adam Chilton, Kyle Rozema & Maya Sen)
- “Checks and Balances in the Criminal Law,” 74 Vanderbilt Law Review 1 (2021)
- “The Defender General,” 168 University of Pennsylvania Law Review 1469 (2020) (with William Ortman)
- “How to Save the Supreme Court,” 129 Yale Law Journal 148 (2019) (with Ganesh Sitaraman)
- “Harmless Errors and Substantial Rights,” 131 Harvard Law Review 2117 (2018)
- “The Lottery Docket,” 116 Michigan Law Review 705 (2018) (with William Ortman)
- “Adversarial Asymmetry in the Criminal Process,” 91 New York University Law Review 762 (2016)
- “The Consequences of Error in Criminal Justice,” 128 Harvard Law Review 1065 (2015)
- Note, “Mechanisms of Secrecy,” 121 Harvard Law Review 1556 (2008)
Selected Commentary
- “Schumer’s Lawless Attack on the Supreme Court,” Wall Street Journal (Aug. 14, 2024) (with Alan Trammell)
- “The Empirical Case for Supreme Court Term Limits,” Washington Monthly (July 30, 2024) (with Adam Chilton, Kyle Rozema & Maya Sen)
- “There’s No Magic Trick That Can Save Abortion Rights,” Washington Monthly (May 24, 2022) (with Alan M. Trammell)
- “How the US supreme court could be a threat to climate action in the US,” The Guardian (Nov. 3, 2021)
- “Jurors don’t know what the penalties for a guilty verdict will be. They should.” Washington Post (Sept. 15, 2021) (with William Ortman)
- “Major Supreme Court reform is unlikely. But these changes would be a good start.” Washington Post (July 15, 2021)
- “Sen. Hawley has been condemned. His bad legal arguments should be stamped out, too.” Washington Post (Jan. 20, 2021) (with Alan Trammell)
- “The Supreme Court is Leaking. That’s a Good Thing.” Washington Post (Aug. 3, 2020)
- “Abolishing Qualified Immunity Is Unlikely to Alter Police Behavior,” New York Times (June 16, 2020)
- “One Change That Could Make American Criminal Justice Fairer,” The Atlantic (Mar. 16, 2020) (with William Ortman)
- “How to Save the Supreme Court,” Vox (Oct. 10, 2018) (with Ganesh Sitaraman)
- “Police Officers Are Bypassing Juries to Face Judges,” Washington Post (Sept. 21, 2017)
- Contributor, “An Annotated Constitution,” New York Times Magazine (July 2, 2017)
- “In Health Care Ruling, Roberts Steals a Move from John Marshall’s Playbook,” The Atlantic (June 28, 2012)
- Honors and Awards
- Best Submitted Paper in Constitutional Law, Public Choice, & Political Economy, 2023 American Law & Economics Association Annual Meeting (for The Endgame of Court-Packing)
- 2023 Harvard/Stanford/Yale Junior Faculty Forum (for The False Promise of Jurisdiction Stripping)
- Honorable Mention, Scholarly Papers Competition, American Association of Law Schools (2018) (for The Lottery Docket)
- Finalist, Junior Scholars Paper Competition, Criminal Justice Section, American Association of Law Schools (2016) (for Adversarial Asymmetry in the Criminal Process)
- Exemplary Legal Writing, The Green Bag Almanac & Reader (2013) (for Brief of Professor Stephen E. Sachs as Amicus Curiae, Atlantic Marine Construction Co. v. U.S. District Court, 134 S. Ct. 568 (2013) (as co-counsel with Jeffrey S. Bucholtz & Stephen E. Sachs))
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