Eric Miller

Visiting Professor of Law


Bachelor of Laws, University of Edinburgh
LLM, Harvard Law School

Curriculum Vitae



Nancy Cummings - (314) 935-7967

Phone / Email

Phone: (314) 935-2747
Email: emiller24@wustl.edu 


Anheuser-Busch Hall, Room 538

Courses Taught

Criminal Law
Criminal Procedure
Race and the Law


After receiving his bachelor of laws in 1991 from the University of Edinburgh in Scotland, Eric Miller received his LLM from Harvard Law School in 1993. He later returned to Harvard as a Charles Hamilton Houston Fellow, going on to become a joint fellow at the Harvard Criminal Justice Institute and the Harvard Civil Rights Project. He clerked for Judge Myron Thompson, U.S. District Court, Middle Court, Alabama from 1998-1999 and for Judge Stephen Reinhardt on the U.S. Court of Appeals for the Ninth Circuit from 2000-2001, and was an associate at Quinn Emanuel Urquhart Oliver & Hedges, LLP for two years. Prior to joining the Loyola Law School faculty, Miller taught at Saint Louis University School of Law from 2005 to 2012. His work pays particular attention to the study of policing, race and problemsolving courts. Miller’s scholarship focuses the intersection of criminal justice with sociology and criminology, the study of problemsolving courts and legal theory.

Selected Scholarship

Forthcoming Scholarship

  • "A Fair Cop and a Fair Trial" in Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms (John Jackson & Sarah Summers, eds. ___) (forthcoming 2016)
  • "Encountering Resistance: Non-Compliance, Non-Cooperation and Procedural Justice," __ U.  Chicago Legal Forum __ (forthcoming 2016)

Articles & Essays

  • "Police Encounters with Race and Gender," 5 U. Irvine L. Rev. 735 (2015) [SSRN]
  • "Challenging Police Discretion," 58 Howard L. Rev. 521 (2015) [SSRN]
  • "Foreword: Some Perspective on ProblemSolving" in Jane C. Donoghue, Transforming Criminal Justice? Problem Solving and Court Specialization (2014)
  • "Permissive Justification," 47 Indiana Law Review 689 (2014) [SSRN]
  • "The Warren Court’s Regulatory Revolution in Criminal Procedure," 43 Connecticut Law Review 1 (2010) [SSRN]
  • "Putting the Practice into Theory," 7 Ohio State Journal Criminal Law 31 (2009) [SSRN]
  • "Drugs, Courts, and the New Penology," 20 Stanford Law & Policy Review 417 (2009) [SSRN]
  • "Judicial Preference," 44 Houston Law Review 5 (2008) [SSRN]
  • "The Therapeutic Effects of Managerial Reentry Courts, Federal Sentencing Reporter," 20, No. 2, (2007) [SSRN]
  • "RoleBased Policing: Restraining Police Conduct “Outside the Legitimate Investigative Sphere,” 94 California Law Review 617 (2006) [SSRN]
  • "Embracing Addiction: Drug Courts and the False Promise of Judicial Interventionism," 65 Ohio State Law Journal 1479 (2004) [SSRN]