Daniel Epps

Daniel Epps is an associate professor of law at Washington University in St. Louis. Epps teaches first-year criminal law, upper-level courses in criminal procedure, and a seminar on public law theory. His scholarship has appeared in the Harvard Law Review,[1] the Yale Law Journal,[2] the Michigan Law Review,[3] and the NYU Law Review,[4] and his writing for popular audiences has appeared in the New York Times Magazine,[5] the Washington Post,[6] Vox,[7] and The Atlantic.[8] He is currently working on projects about the role of the jury, the Supreme Court’s case-selection process and the harmless-error doctrine.[9]

Daniel Epps
Alma materDuke University (AB)
Harvard Law School (JD)
EmployerWashington University in St. Louis
Notable work
“How to Save the Supreme Court”

Supreme Court Experience

Epps is a nationally recognized expert on the Supreme Court. An experienced Supreme Court litigator, he most recently served as co-counsel for the defendant in Ocasio v. United States, 136 S. Ct. 1423 (2016), which addressed the scope of criminal conspiracy liability for public-sector extortion. His other notable prior work includes the successful petition for certiorari and merits briefing in Walden v. Fiore, 133 S. Ct. 1493 (2014); a brief for the Court-appointed amicus curiae in Millbrook v. United States, 133 S. Ct. 1441 (2013); and an amicus brief for criminal law and procedure scholars in United States v. Davila, 133 S. Ct. 2139 (2013). He also served as co-counsel on the brief of Prof. Stephen E. Sachs as amicus curiae in Atlantic Marine Construction Co. v. U.S. District Court, 134 S. Ct. 568 (2013) (with Jeffrey S. Bucholtz & Stephen E. Sachs), which The Green Bag Almanac & Reader included on its list of “Exemplary Legal Writing” for 2013.[8]

Publications

Articles & Essays

  • "How to Save the Supreme Court," 129 Yale Law Journal _ (forthcoming 2019) (with Ganesh Sitaraman)[2]
  • "Harmless Errors and Substantial Rights," 131 Harvard Law Review 2117 (2018)[1]
  • "The Lottery Docket," 116 Michigan Law Review 705 (2018) (with William Ortman)[3]
  • "Adversarial Asymmetry in the Criminal Process," 91 New York University Law Review 762 (2016)
  • "One Last Word on the Blackstone Principle," 101 Virginia Law Review Online 34 (2016)
  • "The Consequences of Error in Criminal Justice," 128 Harvard Law Review 1065 (2015)[1]
  • Note, "Mechanisms of Secrecy," 121 Harvard Law Review 1556 (2008)[1]

Selected Commentary

  • "How to Save the Supreme Court," Vox (Oct. 10, 2018) (with Ganesh Sitaraman)[10]
  • "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)[8]

Awards and Honors
  • 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)[11]

References
  1. "Harvard Law - Daniel Epps".
  2. Entman, Liz. "Depoliticizing the Supreme Court may mean radically overhauling it: Law professor". Vanderbilt University. Retrieved 2019-08-02.
  3. Epps, Daniel; Ortman, William (2018-03-01). "The Lottery Docket". Michigan Law Review. 116 (5): 705–757. ISSN 0026-2234.
  4. "Daniel Epps | Take Care". takecareblog.com. Retrieved 2019-08-02.
  5. Bouie, Jamelle (2019-06-06). "Opinion | Why Pete Buttigieg Is Wrong About the Supreme Court". The New York Times. ISSN 0362-4331. Retrieved 2019-08-02.
  6. "'If it wasn't the Roberts court already, it is the Roberts court now'".
  7. Epps, Daniel (2018-09-06). "How to save the Supreme Court". Vox. Retrieved 2019-08-02.
  8. "Daniel Epps". WashULaw. Retrieved 2019-08-02.
  9. "Daniel Epps | The Source | Washington University in St. Louis". The Source. Retrieved 2019-08-02.
  10. "How to Save the Supreme Court". SSRN 3288958. Cite journal requires |journal= (help)
  11. "Daniel Epps CV" (PDF).
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