Luke Milligan

Professor of Law

About

Luke M. Milligan is a professor of law and lawyer based in Louisville. Professor Milligan’s research is broadly focused on the relations between natural law, political theory, and constitutional interpretation. One of the more active lines of his research aims at developing a fuller understanding of the Fourth Amendment through renewed emphasis on natural law and the original meaning of the right "to be secure."

Professor Milligan is the author of numerous articles and book chapters. His work has appeared in the Boston University Law Review, Cato Supreme Court Review, Cardozo Law Review, Emory Law Journal, Georgia Law Review, Hastings Law Journal, and Washington and Lee Law Review, among others. In past years, he’s held visiting positions at Emory as well as several universities abroad— KwaZulu-Natal (South Africa), Mainz (Germany), and Turku (Finland). At the University of Louisville he teaches Constitutional Law, Jurisprudence, Criminal Law, Criminal Procedure, and a seminar on Rights of the Unborn (the nation’s first). He’s been named Professor of the Year and winner of the Helfat prize for legal scholarship.

Milligan was in North London tending bar when he decided to pursue law. He left England to enroll at Emory, where he was a student of Harold J. Berman. After graduating with honors, he worked for the federal courts in New Orleans, serving as law clerk to U.S. District Court Judge Martin L.C. Feldman and U.S. Circuit Court Judge Edith Brown Clement. He later practiced with Williams & Connolly in Washington, D.C., focusing on white-collar criminal defense, before returning to Emory in 2006 to begin full-time law teaching.

Professor Milligan lives with his wife and two sons. They split time between Louisville and their land in rural Indiana.

Interview with Professor Milligan

Lectures on Criminal Law

Lectures on Criminal Procedure

Lectures on Rights of the Unborn

Constitutional Law

Criminal Law

Criminal Procedure

Jurisprudence

Law & Postmodernism

Law & Religion

Rights of the Unborn

Book Chapter, Police Transparency and the Exclusionary Rule, in Technology and Remedies (Carolina Press) (forthcoming 2018)

Natural Law, Commonwealths, and Higher Education, __ University of Louisville Law Review __ (forthcoming 2018) (symposium on the idea of a commonwealth)

Book Chapter, Freedom from Fear: The Original Meaning of the Fourth Amendment, in Privacy in 21st Century (Carolina Press) (forthcoming 2017)

The Right "to Be Secure": Los Angeles v. Patel, 2015 Cato Sup. Ct. Rev. 251 (2015).

The Right to Be Secure, 41 Search & Seizure L. Rep. 85 (2014).

The Forgotten Right to Be Secure, 65 Hastings L.J. 713 (2014).

The Fourth Amendment and Concreteness Drift, 82 Miss. L.J. 891 (2013).

The Real Rules of "Search" Interpretations, 21 Wm. & Mary Bill Rts. J. 1 (2012).

Analogy Breakers: A Reality Check on Emerging Technologies, 81 Miss. L.J. 1319 (2011).

Modeling the Congressional End-Run Constraint, 45 U. Rich. L. Rev. 863 (2011).

Congressional End-Run: The Ignored Constraint on Judicial Review, 44 Ga. L. Rev. 211 (2010).

Stacking in Criminal Procedure Adjudication, 85 Chi.-Kent L. Rev. 331 (2010).

Rethinking Press Rights of Equal Access, 65 Wash. & Lee L. Rev. 1103 (2008).

The "Ongoing Criminal Investigation" Constraint: Gettting Away With Silence, Wm. & Mary Bill Rts. J. 747 (2008).

A Theory of Stability: John Rawls, Fetal Homicide, and Substantive Due Process, 87 B.U. L. Rev. 1177 (2007).

The Source-Centric Framework to the Exclusionary Rule, 28 Cardozo L. Rev. 2739 (2007).

The Fourth Amendment Rights of Trespassers: Searching for the Legitimacy of the Government-Notification Doctrine, 50 Emory L.J. 1357 (2001).

Other Publications

Kentucky Penal Code: Degradation and Reform, 78 Ky. Bench & Bar 26 (January 2015).

Hugo's Trumpet, 77 Ky. Bench & Bar 7 (April 2013).

Beyond Form and Hyperbole, Jurist (April 7, 2011).

Dangerous Incompetence, The Courier-Journal (June 26, 2009).

Community

Public Advocacy Commission, Commonwealth of Kentucky, 2010-Present

Brandeis Fellow, Louisville Metro Public Defender's Office, 2014-Present

University

Faculty Senate, 2013-Present

Law Dean Search Committee, 2013-14

Law School

Strategic Planning Committee, 2012-2013; 2014-Present

Dean's Advisory Council, 2012-Present

Faculty Excellence Committee, 2012-Present

Faculty Recruitment Committee, 2009-12; 2014-Present