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Trevor G. Gardner

Professor of Law

Professor Gardner’s scholarship addresses various issues in crime governance with a primary focus on police. Gardner has written extensively on the relationship between federalism and police administration and is developing a separate line of research regarding disparate African American perspectives on police reform. His scholarship has appeared in the Columbia Law Review, the Yale Law Journal, the Stanford Law Review, and the Boston University Law Review.

Gardner graduated from Harvard Law School in 2003 after serving as Co-Editor-in-Chief of the Harvard Blackletter Law Journal. He went on to work in the Trial Division of the District of Columbia Public Defender Service, litigating juvenile and adult cases from presentment through disposition. After leaving criminal practice for academia, Gardner earned his master’s and doctoral degrees in sociology at the University of California, Berkeley.

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  • Education
    • M.A., Ph.D., University of California, Berkeley, 2013
    • J.D., Harvard Law School, 2003
    • B.A., University of Michigan, 1999
  • Courses
    • Criminal Law
    • Criminal Procedure—Investigations
    • Crime Policy Seminar
  • Areas of Expertise
    • Police
    • Criminal Administration
    • Immigrant Sanctuaries
    • Racial Profiling
    • Criminological Theory
    • Sociology of Punishment
  • Publications

    Authors SSRN page:

    • Law-and-Order as the Foundational Paradox of the Trump Presidency, 73 Stan. L. Rev. Online 141 (2021)
    • By Any Means: A Philosophical Frame for Rulemaking Reform in Criminal Law, 130 Yale L.J. Forum (2021).
    • Regulating Police Chokeholds (with Esam al-Shareffi), The J. Crim. L. & Criminology Online (forthcoming).
    • Police Violence and the African-American Procedural Habitus, 100 B.U. L. Rev. 849 (2020).
    • Immigrant Sanctuary as the “Old Normal”: A Brief History of Police Federalism, 19 Colum. L. Rev. 1 (2019).
    • Right at Home: Modeling Sub-Federal Resistance as Criminal Justice Reform, 46 Fla. St. U. L. Rev. 527 (2019). (profiled in Jotwell: https://crim.jotwell.com/local-resistance-and-criminal-law-reform/).
    • Crime Policy and Federalism in Federalism in America: An Encyclopedia (2018) (co-authored with Lisa L. Miller).
    • The Promise and Peril of the Anti-Commandeering Rule in the Homeland Security Era: Immigrant Sanctuary as an Illustrative Case, 34 Louis U. Pub. L. Rev. 313 (2015).
    • Racial Profiling as Collective Definition, Social Inclusion, 2(3), 52-59 (2014) (peer-reviewed).
    • The Cap Effect: Racial Profiling in the ICE Criminal Alien Program, The Chief Justice Earl Warren Institute on Law and Social Policy, Berkeley Law Center (2009) (coauthored with Aarti Kohli).
    • The Political Delinquent: Crime, Deviance, and Resistance in Black America, 20 HARV. BLACKLETTER L.J. 141 (2004).
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