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Trevor G Gardner

Associate Professor of Law

Professor Trevor Gardner’s scholarship addresses the relationship between American federalism and municipal police authority. His most recent paper, published in Columbia Law Review, explains the immigrant sanctuary movement as indicative of the traditional state and local government response to federal government overreach in the field of police administration.

In addition to his scholarship in the area of criminal federalism, Gardner is developing a line of research assessing disparate African American perspectives on the contemporary criminal justice reform movement. His research has been supported by the National Science Foundation, the University of Michigan Interuniversity Consortium for Political and Social Research, the UC Berkeley Institute for the Study of Societal Issues, and the Prison University Project.

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. Gardner previously served as Faculty Fellow at the New York University School of Law and as Assistant Professor at the University of Washington School of Law in Seattle.

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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:

    • 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. _____ (2019).
    • 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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