Andrew Guthrie Ferguson
Professor of Law
LL.M, Georgetown Law Center 2004 (Masters in Advocacy)
J.D., University of Pennsylvania School of Law 2000 (summa cum laude)
B.A., Williams College 1994 (cum laude)
Areas of Expertise
Professor Ferguson teaches and writes in the area of criminal law, criminal procedure, and evidence. He is a national expert on juries, predictive policing, and the Fourth Amendment.
Professor Ferguson joined the law faculty in 2010. He was granted tenure and promoted to the rank of Full Professor in 2015. His articles have appeared in the University of Pennsylvania Law Review, the California Law Review, the Northwestern Law Review, the University of Southern California Law Review, the Notre Dame Law Review, and the Emory Law Journal.
Professor Ferguson’s book Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action (NYU Press) is the first book written for jurors on jury duty. (Book Review). He stars in the "Welcome To Jury Duty Video" in D.C. Superior Court seen by more than 30,000 citizens annually.
His legal commentary has been featured in numerous media outlets, including CNN, NPR, The Economist, the Washington Post, USA Today, the ABA Journal, The Atlantic (digital), The Huffington Post, and other national and international newspapers, magazines, and media sites.
Professor Ferguson twice received the "Outstanding Faculty Award" for teaching.
Prior to joining the law faculty, Professor Ferguson worked as a supervising attorney at the Public Defender Service for the District of Columbia. As a public defender for seven years, he represented adults and juveniles in serious felony cases ranging from homicide to misdemeanor offenses. In addition to participating as lead counsel in numerous jury and bench trials, he argued cases before the District of Columbia Court of Appeals. Before joining the Public Defender Service, Professor Ferguson was awarded the E. Barrett Prettyman Fellowship at the Georgetown Law Center’s Criminal Justice Clinic. For two years as a Prettyman Fellow, he taught and supervised third-year clinical students involved in the criminal justice clinic. Immediately after graduating from law school, he clerked for the Honorable Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit.
Professor Ferguson is involved in developing constitutional education projects in the Washington D.C. area. He is co-author of Youth Justice in America (CQ Press 2005, 2014), a textbook for high school students on their rights under the Fourth, Fifth, Sixth, and Eighth Amendments to the United States Constitution. He is on the Board of Directors of the Free Minds Book Club & Writing Workshop, a non-profit organization that teaches creative writing and poetry to juvenile defendants charged as adults in the District of Columbia.
Law Review Articles
- Policing Criminal Justice Data, Minnesota L. Rev. (with Wayne Logan) (forthcoming 2017).
- The “Smart” Fourth Amendment, Cornell L. Rev. (forthcoming 2017).
- Policing Predictive Policing, Wash. U. L. Rev. (forthcoming 2017).
- The Internet of Things and the Fourth Amendment of Effects, 104 Cal. L. Rev. xx (2016).
- The Big Data Jury, 91 Notre Dame L. Rev. 935 (2016).
- Big Data and Predictive Reasonable Suspicion, 163 U. Pa. L. Rev. 327 (2015).
- Defending Data, 88 S. Cal. L. Rev. 101 (2015) (with Pamela Metzger).
- Trial By Google: Judicial Notice in the Information Age, 108 Nw. U.L. Rev. 1137 (2014) (with Jeffrey Bellin).
- Personal Curtilage: Fourth Amendment Security in Public, 55 Wm. & Mary L. Rev. 1283 (2014).
- The Jury As Constitutional Identity, 47 U.C. Davis L. Rev. 1105 (2014).
- Constitutional Culpability: Questioning the New Exclusionary Rules, 66 Fla. L. Rev. 623 (2014).
- Jury Instructions As Constitutional Education, 84 U. Colo. L. Rev. 233 (2013).
- Predictive Policing and Reasonable Suspicion, 62 Emory L. J. 259 (2012).
- The Dialogue Approach to Miranda Warnings and Waiver, 49 Am. Crim. L. Rev. 1437 (2012).
- Crime Mapping and the Fourth Amendment: Redrawing High Crime Areas, 63 Hastings L. J. 101 (2011).
- The High Crime Area Question: Requiring Verifiable and Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, 57 Am. U.L. Rev. 1587 (2008) (co-author with Damien Bernache).
- Continuing Seizure: Fourth Amendment Seizure in Section 1983 Malicious Prosecution Cases, CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL HANDBOOK, National Lawyers Guild Civil Liberties Committee, (ed. Steven Saltzman) (West 1999).
Symposium Essays and Shorter Articles
- Predictive Prosecution, (Wake Forest Law Review, forthcoming 2016) (symposium essay).
- LAW-n Signs: A Fourth Amendment for Constitutional Curmudgeons, (with Stephen Henderson) (Ohio St. J. Crim. L., forthcoming 2016).
- Big Data Distortions: Exploring the Limits of the ABA LEATPR Standards, 66 Okla. L. Rev. 831 (2014) (invited symposium essay).
Selected Media Appearances