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Colin Miller
Associate Professor
The John Marshall Law School
Chicago, IL 60604
Phone: 312.386.2864
Email: 7millerc@jmls.edu
BA, University of Virginia
JD, William and Mary Marshall-Wythe School of Law
Blogs: Evidence Blog
Scholarship | SSRN Publications
Colin Miller joined the faculty in 2007. He is the creator and blog editor of EvidenceProf Blog, the leading evidence law blog, which focuses upon recent precedent, scholarship, and developments in Evidence law. The blog has been cited in both law review articles and court opinions. In 2009, he completed a Legal Educator Blog Census of all blogs posted upon by educators at law schools in the United States. Miller also prepared a 100-page report comparing the Federal Rules of Evidence with Illinois Evidentiary Principles which served as the basis for the creation of the Illinois Rules of Evidence. He is also the editor of Illinois Criminal Procedure, Fifth Edition.
Miller's articles have appeared or will be appearing in journals such as the BYU Law Review, Maryland Law Review, Utah Law Review, University of Cincinnati Law Review, Pepperdine Law Review, Baylor Law Review, Brooklyn Law Review, Yale Law Journal Pocket Part, and Northwestern University Law Review Colloquy. His scholarship has led to him being asked to submit an amicus curiae brief and contribute to a petition for writ of certiorari to the United States Supreme Court. Miller is frequently contacted by the media, attorneys, and professors and students from across the world regarding issues of evidence law and criminal Law and procedure.
Miller teaches Evidence, Criminal Procedure, Criminal Law, and Civil Procedure I & II.
Selected Publications
Avoiding a Confrontation?: How Courts Have Erred in Finding that Nontestimonial Hearsay is Beyond the Scope of the Bruton Doctrine, Brooklyn Law Review (2011)
Anchors Away: Why the Anchoring Effect Suggests that Judges Should be Able to Participate in Plea Discussions, American Criminal Law Review (2011)
Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains, 59 U. KAN. L. REV. 407 (2011).
Lawyers, Guns and Money: Why the Tiahrt Amendment's Ban on the Admissibility of ATF Trace Data in State Court Actions Violates the Commerce Clause and the Tenth Amendment, 2010 UTAH L. REV. 665 (2010)
Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches Incident to Lawful Arrests are Unconstitutional, 62 BAYLOR L. REV. 1 (2010)
Crossing Over: Why Attorneys (and Judges) Should Not Be Able to Cross-Examine Witnesses Regarding Their Immigration Statuses for Impeachment Purposes, 104 NW. U. L. REV. COLLOQUY 290 (2010)
Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other Bias Violates the Right to Present a Defense, 61 BAYLOR L. REV. 872 (2009)
Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule, 36 PEPP. L. REV. 997 (2009)
A Public Privilege, 118 YALE L.J. POCKET PART 166 (2009)
Even Better than the Real Thing: How Courts Have Been Anything But Liberal in Finding Genuine Questions Raised as to the Authenticity of Originals Under Rule 1003, 68 MD. L. REV. 160 (2008)
Ordeal by Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Confidentiality, 102 NW. U. L. REV. COLLOQUY 391 (2008)
'Manifest' Destiny?: How Some Courts Have Fallaciously Come to Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption, 2008 BYU L. REV. 169 (2008)
The Best Offense is a Good Defense: Why Criminal Defendants' Nolo Contendere Pleas Should be Inadmissible Against Them When They Become Civil Plaintiffs, 75 U. CIN. L. REV. 725 (2006)
"Caveat Prosecutor": Where Courts Went Wrong in Applying Robertson's Two-Tiered Analysis to "Plea Bargaining" and How to Correct Their Mistakes, 32 NEW ENG. J. ON CRIM. & CIV. CONFINEMENT 209 (2006)
