Professor Michael J.Z. Mannheimer has a national reputation among legal scholars and jurists for his research on the original understandings of the United States Constitution, principally protections against unreasonable search and seizure, and cruel and unusual punishment. He has been recognized for his work by election to the American Law Institute, the leading organization in the United States for lawyers, judges, and scholars to help clarify, modernize, and improve the law.
Professor Mannheimer’s law review articles have been published in the Columbia Law Review, Texas Law Review, Notre Dame Law Review, Emory Law Journal, Indiana Law Journal, and Iowa Law Review, among others, and his book, The Fourth Amendment: Original Understandings and Modern Policing, was published by the University of Michigan Press in 2023. It explores how the Fourth Amendment should be read in light of the Fourteenth Amendment’s commitment to racial equality and the rule of law.
Professor Mannheimer holds a Juris Doctor from Columbia Law School. Following graduation from law school in 1994 he was as a staff attorney with the Criminal Appeals Bureau of the Legal Aid Society in New York City, a law clerk for Judge Sidney H. Stein of the U.S. District Court for the Southern District of New York and subsequently for Judge Robert E. Cowen of the U.S. Court of Appeals for the Third Circuit. From 1997 to 1999, he worked as a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York City, where he practiced general commercial litigation. From 1999 to 2004, he served as appellate counsel and later senior appellate counsel at the Center for Appellate Litigation in New York City, where he represented indigent criminal defendants on appeal from their convictions and in related collateral proceedings.
At Chase, Professor Mannheimer is also coordinator of the Kentucky Innocence Project, in which students investigate credible claims of wrongful convictions.
Professor Mannheimer believes strongly in the principles of diversity, equity, and inclusion, and that all lawyers have the obligation to recognize and seek to root out the systemic racism and implicit biases that continue to plague our legal system.
The Fourth Amendment: Original Understandings and Modern Policing (forthcoming Summer 2023) (University of Michigan Press)
“Institutional Deterrence and the Exclusionary Rule” (work in progress)
Police Use of Force and the Original Meaning of “Due Process of Law,” 50 N. Ky. L. Rev. ___ (forthcoming 2023) (invited symposium submission)
Fugitives From Slavery and the Lost History of the Fourth Amendment, 25 U. Pa. J. Const. L. ___ (forthcoming 2023) SSRN
“The Impossibility Constraint in Criminal Law” (work in progress)
Fraudulently Induced Confessions, 96 Notre Dame L. Rev. 799 (2020) SSRN
“Eighth Amendment Federalism,” in The Eighth Amendment and Its Future in a New Age of Punishment (William Berry & Meghan Ryan, eds) (Cambridge U. Press 2020)
Vagueness as Impossibility, 98 Tex. L. Rev. 1049 (2020) SSRN
Three-Dimensional Dual Sovereignty: Observations on the Shortcomings of Gamble v. United States, 53 Tex. Tech. L. Rev. 67 (2020) (invited symposium submission)
The Unusual Case of Anthony Chebatoris: The “New Deal for Crime” and the Federal Death Penalty, 70 Syracuse L. Rev. 851 (2020) SSRN
Decentralizing Fourth Amendment Search Doctrine, 107 Ky. L.J. 169 (2019)
The Local-Control Model of the Fourth Amendment, 108 J. Crim. L. & Criminology 253 (2018)
The Coming Federalism Battle in the War Over the Death Penalty, 70 Ark. L. Rev. 309 (2017) (invited symposium submission)
The Two Mirandas, 43 N. KY. L. REV. 317 (2016) SSRN (invited symposium submission)
Gideon, Miranda, and the Downside of Incorporation, 12 Ohio St. J. Crim. L. 401 (2015) (invited symposium submission) SSRN
The Contingent Fourth Amendment, 64 Emory L.J. 1229 (2015) SSRN
Harmelin’s Faulty Originalism, 14 Nev. L.J. 522 (2014) SSRN
Cruel and Unusual Federal Punishments, 98 Iowa L. Rev. 69 (2012) SSRN pdf
Self-Government, the Federal Death Penalty, and the Unusual Case of Michael Jacques, 36 Vt. L. Rev. 131 (2011) (invited submission) pdf SSRN
Proportionality and Federalism: A Response to Professor Stinneford, 97 Va. L. Rev. In Brief 51 (2011) pdf
Not the Crime But the Cover-up: A Deterrence Based Rationale for the Premeditation-Deliberation Formula, 86 Ind. L.J. 879 (2011) (winner of the 2010 AALS Criminal Justice Section Junior Scholar Paper Award) pdf SSRN
The Impact of Information Overload on the Capital Jury's Ability to Assess Aggravating and Mitigating Factors, 17 Wm. & Mary Bill Rts. J. 1089 (2009) (co-authored with Katie Morgan) Hein Online
Toward a Unified Theory of Testimonial Evidence Under the Fifth and Sixth Amendments, 80 Temp. L. Rev. 1135 (2008) Hein Online SSRN
When the Federal Death Penalty Is 'Cruel and Unusual' , 74 U. Cin. L. Rev. 819 (2006) Hein Online SSRN
Ripeness of Self-Incrimination Clause Disputes, 95 J. Crim. L. & Criminology 1261 (2005) Hein Online pdf SSRN
Coerced Confessions and the Fourth Amendment, 30 Hastings Const. L.Q. 57 (2002) Hein Online pdf SSRN
Equal Protection Principles and The Establishment Clause: Equal Participation in the Community as the Central Link, 69 Temp. L. Rev. 95 (1996) Hein Online pdf
Panelist, “Perception vs. Reality: How Evolving Understandings of Technology Influence Fourth Amendment Jurisprudence,” Association of American Law Schools 2023 Annual Meeting, Criminal Justice Section, San Diego, CA, Jan. 6, 2023.
“Splitting the Exclusionary Rule,” CrimFest! 2022, Benjamin N. Cardozo School of Law, New York, NY, July 18, 2022
“The Fourth Amendment: Original Understandings and Modern Policing,” ch. 9 and 10, Criminal Justice Roundtable, Vanderbilt Law School, Nashville, TN, Nov. 12, 2021
“Three-Dimensional Dual Sovereignty: Observations on the Shortcomings of Gamble v. United States,” Symposium on Double Jeopardy, Texas Tech Law School, Apr. 8, 2021 (remote)
Panelist, Say Her Name: A Day-Long Virtual Symposium on Breonna Taylor, Panel One: The Substantive Issues, University of Kentucky, J. David Rosenberg College of Law (via Zoom), Oct. 23, 2020
“Eighth Amendment Federalism and Modern Sentencing,” Prison Brake: Rethinking the Sentencing Status Quo, NACDL’s 2020 Presidential Summit & Sentencing Symposium, Georgetown University Law Center (via Zoom), Oct. 20, 2020
Senior Commenter, Chicagoland Junior Scholars Conference, Northern Illinois University College of Law (via Zoom), Oct. 2, 2020
“The Impossibility Constraint in Criminal Law,” NIU CrimWip Series, Northern Illinois University College of Law (via Zoom), June 18, 2020
“Fraudulently Induced Confessions"
- Federalist Society Annual Faculty Conference, Washington, DC, Jan. 4, 2020
- CrimFest! 2019, Brooklyn Law School, Brooklyn, NY, July 15, 2019
“Vagueness as Impossibility”
- University of Louisville, Brandeis School of Law, Mar. 5, 2019
- Willamette University College of Law, Feb. 11, 2019
“Saving Constructions of Vague Penal Statutes,” CrimFest! 2018, Benjamin N. Cardozo School of Law, New York, NY, July 16, 2018
“Decentralizing Fourth Amendment Search Doctrine”
- ABA/AALS CJS Roundtable, Washington, DC, Nov. 2, 2017
- University of Kentucky College of Law, Lexington, KY, Sept. 6, 2017
- Federalist Society Faculty Conference, San Francisco, CA, Jan. 6, 2017
Salmon P. Chase College of Law
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