Andrew Guthrie Ferguson
Associate Professor of Law
B.A. Williams College 1994 (cum laude), J.D.; University of Pennsylvania School of Law 2000 (summa cum laude); L.L.M, Georgetown Law Center 2004 (Masters in Advocacy). Professor Ferguson teaches and writes in the area of criminal law, criminal procedure, and evidence.
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 also 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, a non-profit organization that teaches creative writing and poetry to juvenile defendants charged as adults in the District of Columbia. He is also runs the ABA Criminal Justice Section's Student Activities Committee which runs the "Citizen Amicus Project" - a national project to involve law students in current Supreme Court cases.
Most recently he has written Why Jury Duty Matters: A Citizen's Guide to Constitutional Action (NYU Press 2013), the first book written for jurors on jury duty. (Book Review)
His legal commentary has been featured in numerous media outlets, including CNN, NPR, The Economist, The USA Today, the ABA Journal and other newspapers and magazines.
Professor Ferguson has twice won the "Outstanding Faculty Award" for teaching.
Defending Data (Southern California Law Review forthcoming) (with Pamela Metzger) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2279203
Big Data and Predictive Reasonable Suspicion (University of Pennsylvania Law Review forthcoming) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2394683
Trial By Google: Judicial Notice in the Information Age (Northwestern University
Law Review forthcoming) (co-author Jeff Bellin.) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2331578
Personal Curtilage: Fourth Amendment Security in Public, 55 William and Mary
Law Review 1283 (2014) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2230653
Big Data Distortions:
Exploring the Limits of the ABA
LEATPR Standards, 66 Oklahoma Law Review 831 (2014) (invited symposium
The Jury As Constitutional Identity, 47 U.C. Davis Law Review 1105 (2014) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2222158
Constitutional Culpability: Questioning the New Exclusionary Rules, 66 Florida Law Review 623 (2014) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2279129
Jury Instructions As Constitutional Education.84 U. Colo. L. Rev. 233 (2013).http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2014089
Predictive Policing and Reasonable Suspicion, 62 Emory L. J. 259
The Dialogue Approach to Miranda Warnings and Waiver, 49 Am. Crim. L. Rev.
Crime Mapping and the Fourth Amendment: Redrawing High Crime Areas, 63 Hastings L. J. 101 (2011).http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1774876
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).http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1269169
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).
WHY JURY DUTY MATTERS: A CITIZEN'S
GUIDE TO CONSTITUTIONAL ACTION(New York University
YOUTH JUSTICE IN AMERICA
(CQ Press 2005, second edition 2014)
(co-author with Jamin Raskin & Maryam Ahranjani).
CNN - UDC David A. Clarke School of Law Professor
Andrew G. Ferguson served as a jury expert on CNN on July 18, providing insight
into the Zimmerman jury decision-making process. http://www.cnn.com/video/data/2.0/video/us/2013/07/18/tsr-todd-dnt-dueling-juror-accounts.cnn.html
NPR - Can Software That Predicts Crime Pass Constitutional Muster? http://www.npr.org/2013/07/26/205835674/can-software-that-predicts-crime-pass-constitutional-muster
- The Joy of Jury Duty: Why Americans
should stop complaining and learn to appreciate this constitutional obligation,
- Predictive policing may help bag
burglars—but it may also be a constitutional problem http://www.abajournal.com/magazine/article/predictive_policing_may_help_bag_burglars--but_it_may_also_be_a_constitutio/