Daniel Scott Harawa
Associate Professor of Law and Director, Appellate Clinic
Daniel Harawa’s scholarship focuses on race and the criminal legal system. Professor Harawa is particularly interested in studying how doctrine, institutional design, and litigation practice contribute to the subordination of people of color. Building from his extensive practice experience, his research also contemplates novel innovations to limit the influence of race in the criminal legal process. Professor Harawa’s scholarship has appeared or is forthcoming in the California Law Review, Georgetown Law Journal, and Georgia Law Review, among other journals. Professor Harawa also regularly provides commentary on pressing criminal justice and civil rights issues, with his popular writings appearing in the Washington Post, Politico, Slate, Inquest, and SCOTUSblog.
- Education
- J.D., Georgetown University Law Center
- B.A., University of Richmond
- Courses
- Criminal Law
- Evidence
- Appellate Clinic
- Areas of Expertise
- Criminal Law & Procedure
- Civil Rights
- Constitutional Law
- Race & the Law
- Publications
Articles & Essays
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Whitewashing the Fourth Amendment, 111 Geo. L.J. (forthcoming 2023)
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Weaponizing Race, 20 Ohio St. J. Crim. L. (forthcoming 2022) (invited essay)
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Lemonade: A Racial Justice Reframing of the Roberts Court’s Criminal Jurisprudence, 110 Calif. L. Rev. 681 (2022)
- Antiracism in Action, 78 Wash. & Lee L. Rev. 1027 (2021) (with Brandon Hasbrouck) (invited essay)
- The False Promise of Peña-Rodriguez, 109 Calif. L. Rev. (forthcoming 2021)
- Black Redemption, 48 Fordham Urban L.J. 701 (2021) (invited essay)
- Sacrificing Secrecy, 55 Ga. L. Rev. 593 (2021)
- Manning v. Caldwell – A Harbinger?, 71 S.C. L. Rev. 759 (2021) (invited comment)
- How Much is Too Much? A Test to Protect Against Excessive Fines, 81 Ohio St. L.J. 65 (2020)
- “Social Media Thoughtcrimes,” 35 Pace L. Rev. 366 (2014) (invited symposium article)
- “The Post-TSA Airport: A Constitution-Free Zone?,” 41 Pepp. L. Rev. 1 (2013)
- “A Numbers Game: The Ethicality of Law School Reporting Practices,” 24 Geo. J. of Legal Ethics 607 (2011) (note)
Selected Commentary
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Perhaps Defining an ‘Occasion’ is Not So Different After All, SCOTUSblog, Mar. 8, 2022
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The Racial Justice Gambit, Duke Ctr. For Firearms L.: Second Thoughts Blog (Jan. 5, 2022)
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A Hypothetical-Filled Argument Proves How Tricky it is to Define an ‘Occasion’, SCOTUSblog, Oct. 5, 2021
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What’s an “Occasion”? Scope of the Armed Career Criminal Act Depends on the Answer, SCOTUSblog, Oct. 1, 2021
- Trials Without Justice, Inquest, Sept. 21, 2021 (reviewing Carissa Byrne Hessick’s Punishment Without Trial)
- Are Secret Juries Bad for Black People?, Calif. L. Rev. Online (Feb. 2021)
- Argument Analysis: Two Paths Forward in Lawsuit Alleging Unconstitutional Police Violence, SCOTUSblog, Nov. 10, 2020
- Case Preview: When Does a Statutory ‘Judgment Bar’ Prevent Lawsuits against Federal Officers for Constitutional Violations?, SCOTUSblog, Nov. 6, 2020
- Senate Bill Would Disempower Elected Prosecutor, Disenfranchise St. Louis Voters, St. Louis American, May 1, 2020 (with Kimberly Norwood)
- DC Must Protect its Inmates from Coronavirus, Washington Post, Apr. 8, 2020 (with Ben Miller)
- Democrats Should Stop Saying Some People Should Die in Prison, Slate, Jan. 22, 2020 (with Ben Miller).
- Why the Attorney General’s Concern about Crime Victims and their Families Rings Hollow, The Appeal, Jan. 6, 2020 (with Ben Miller)
- Why America Needs to Break its Addiction to Long Prison Sentences, Politico Magazine, Sept. 3, 2019 (with Ben Miller)
- The Supreme Court Must Rule that Juries Can’t Sentence a Man to Death Because He is Gay, Slate, Apr. 2, 2019
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