Richard M. Re

  • Joel B. Piassick Research Professor of Law

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’s work has appeared or been featured in the New York Times, Washington Post, Wall Street Journal and elsewhere.

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.


  • J.D.
    Yale Law School
  • M.Phil.
    University of Cambridge
  • A.B.
    Harvard University


Permissive Interpretation, University of Pennsylvania Law Review (2023).

Articles & Reviews

Personal Precedent at the Supreme Court, 136 Harvard Law Review 824–860 (2023).
The Peril and Promise of SCOTUS Resignations, 107 Iowa Law Review Online 117–135 (2022).
Reason and Rhetoric in Edwards v. Vannoy, 17 Duke Journal of Constitutional Law & Public Policy 63–98 (2022).
Precedent as Permission, 99 Texas Law Review 907–949 (2021).
Beyond the Marks Rule, 132 Harvard Law Review 1942–2008 (2019).
Clarity Doctrines, 86 University of Chicago Law Review 1497–1562 (2019).
Developing Artificially Intelligent Justice (with Alicia Solow-Niederman), 22 Stanford Technology Law Review 242–289 (2019).
Second Thoughts on 'One Last Chance'?, 66 UCLA Law Review 634–653 (2019).
Fourth Amendment Fairness, 116 Michigan Law Review 1409–1463 (2018).
Equal Right to the Poor, 84 University of Chicago Law Review 1149–1216 (2017).
Explaining SCOTUS Repeaters, 69 Vanderbilt Law Review En Banc 297–324 (2016).
Foreword - Imagining the Legal Landscape: Technology and the Law in 2030 (with Jennifer L. Mnookin), 64 UCLA Law Review Discourse i-ii (2016).
Imagining Perfect Surveillance, 64 UCLA Law Review Discourse 264–292 (2016).
Narrowing Supreme Court Precedent from Below, 104 Georgetown Law Journal 921–971 (2016).
Promising the Constitution, 110 Northwestern University Law Review 299–355 (2016).
The Positive Law Floor, 129 Harvard Law Review Forum 313–337 (2016).
The New Holy Trinity, 18 The Green Bag Second Series 407–421 (2015).
Narrowing Precedent in the Supreme Court, 114 Columbia Law Review 1861–1911 (2014).
Relative Standing, 102 Georgetown Law Journal 1191–1250 (2014).
Should Chevron Have Two Steps?, 89 Indiana Law Journal 605–642 (2014).
The Doctrine of One Last Chance, 17 The Green Bag Second Series 173–185 (2014).
The Due Process Exclusionary Rule, 127 Harvard Law Review 1885–1966 (2014).
On "A Ticket Good for One Day Only", 16 The Green Bag Second Series 155–166 (2013).
Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments (with Christopher M. Re), 121 Yale Law Journal 1584–1670 (2012).
Can Congress Overturn Graham v. Florida?, 34 Harvard Journal of Law & Public Policy 367–375 (2011).
Jury Poker: A Statistical Analysis of the Fair Cross-Section Requirement, 8 Ohio State Journal of Criminal Law 533–551 (2011).
Can Congress Overturn Kennedy v. Louisiana, 33 Harvard Journal of Law & Public Policy 1031–1105 (2010).

Op-Eds, Blogs, Shorter Works

Current Courses

All Courses

Constitutional Criminal Procedure
Federal Courts
Dissenting Opinions
Privacy and Power in the Digital Age


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