Richard M. Re

Joel B. Piassick Research Professor of Law

Biography
Publications
Courses
Media

Richard M. Re’s primary research and teaching interests are in criminal procedure, federal courts and constitutional law. He joined Virginia’s faculty in 2020 after serving on the faculty of the UCLA School of Law.

Re’s 2016 article, “Narrowing Supreme Court Precedent From Below” received the annual prize from the AALS Federal Courts Section for the best paper on federal courts by an untenured professor. In 2017, the law school's graduating class selected Re as Professor of the Year. And during the oral argument in Hughes v. United States (2018), the justices of the U.S. Supreme Court discussed Re’s amicus brief criticizing the Marks rule.

Re earned an A.B. in social studies from Harvard University and an M.Phil. in political thought and intellectual history from the University of Cambridge. He received his J.D. from Yale Law School. After law school, Re clerked for Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit and then for Justice Anthony M. Kennedy of the Supreme Court of the United States. Re also worked as an Honors Program attorney in the Criminal Appellate Section of the U.S. Department of Justice and practiced law at a firm in Washington, D.C.

Re is also a member of PrawfsBlawg and maintains his own blog, Re’s Judicata.

Education

J.D.
Yale Law School
2008
M.Phil.
University of Cambridge
2005
A.B.
Harvard University
2004

Articles and Chapters

“Reason and Rhetoric in Edwards v. Vannoy,” Duke J. Const. L. & Pub. Pol’y (forthcoming).
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“Precedent as Permission,” 99 Tex. L. Rev. 907 (2021).
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“Clarity Doctrines,” 86 U. Chi. L. Rev. 1497 (2019).
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“Developing Artificially Intelligent Justice” (with Alicia Solow-Niederman), 22 Stan. Tech. L. Rev. 242 (2019).
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“Beyond the Marks Rule,” 132 Harv. L. Rev. 1942 (2019).
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“Second Thoughts on ‘One Last Chance’?,” 66 UCLA L. Rev. 634 (2019).
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“Fourth Amendment Fairness,” 116 Mich. L. Rev. 1409 (2018).
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"Equal Right to the Poor," 84 U. Chi. L. Rev. 1149 (2017).
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“Explaining SCOTUS Repeaters,” 69 Vand. L. Rev. En Banc 297 (2016).
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“Imagining Perfect Surveillance,” 64 UCLA L. Rev. Discourse 264 (2016).
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“Narrowing Supreme Court Precedent from Below,” 104 Geo. L.J. 921 (2016).
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“The Positive Law Floor,” 129 Harv. L. Rev. Forum 313 (2016).
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“Promising the Constitution,” 110 Nw. U. L. Rev. 299 (2016).
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“The New Holy Trinity,” 18 Green Bag 2d 407 (2015).
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“Narrowing Precedent in the Supreme Court,” 114 Colum. L. Rev. 1861 (2014).
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“The Doctrine of One Last Chance,” 17 Green Bag 2d 173 (2014).
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“The Due Process Exclusionary Rule,” 127 Harv. L. Rev. 1885 (2014).
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“Relative Standing,” 102 Geo. L.J. 1191 (2014).
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“Should Chevron Have Two Steps?,” 89 Ind. L.J. 605 (2014).
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“On ‘A Ticket Good for One Day Only,’” 16 Green Bag 2d 155 (2013).
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“Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments” (with Christopher M. Re), 121 Yale L.J. 1584 (2012).
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“Jury Poker: A Statistical Analysis of the Fair Cross-Section Requirement,” 8 Ohio St. J. Crim. L. 533 (2011).
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“Can Congress Overturn Graham v. Florida?,” 34 Harv. J. L. & Pub. Pol'y 367 (2011).
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“Can Congress Overturn Kennedy v. Louisiana?,” 33 Harv. J. L. & Pol'y 1031 (2010).
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Other Publications

“Introduction: AI Advances, Impacts, and Governance Concerns” (with Edward Parson, Alicia Solow-Niederman and Elana Zeide), UCLA: The Program on Understanding Law, Science, and Evidence (PULSE) (Feb. 8, 2019).
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“Foreword – Imagining the Legal Landscape: Technology and the Law in 2030” (with Jennifer Mnookin), 65 UCLA Law Review Discourse i (2016).
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“Case Threw High Court a Curveball,” Daily Journal (May 29, 2015).

“Narrowing precedent at the U.S. High Court,” Daily Journal (Dec. 4, 2014).

Comment, Remedying the Fourth Amendment's Reasonable Manner Requirement, United States v. Ankeny, 117 Yale L.J. 723 (2008).

Note, “Re-Justifying the Fair Cross-Section Requirement: Representation and Enfranchisement in the American Criminal Jury,” 117 Yale L.J. 1568 (2007).
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Amicus Brief

Brief of Professor Richard M. Re as Amicus Curiae in Support of Neither Party, Hughes v. United States, UCLA School of Law Public Law & Legal Theory Working Paper No. (2018).
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