Morgan Cloud

Charles Howard Candler
Professor of Law

Course Website




Areas of Expertise
Criminal Law, Criminal Procedure, White Collar Crime, Comparative Constitutional Law, Pretrial Litigation


Morgan Cloud teaches and writes about criminal law, criminal procedure, constitutional theory and comparative constitutional law. His numerous publications include: Constitutional Criminal Procedure: From Investigation to Trial, Fourth Edition (West Group 2005) (with Johnson); Criminal Law: Cases, Materials and Text, Seventh Edition (West Group 2003) (with Johnson); "Words Without Meaning: The Constitution, Confessions, and Mentally Retarded Supspects" (with Shepherd, Barkoff & Shur) in the University of Chicago Law Review; "Searching through History, Searching for History" in the University of Chicago Law Review; "The Fourth Amendment During the Lochner Era: Privacy, Property, and Liberty in Constitutional Theory" in the Stanford Law Review; "Torture and Truth" in the Texas Law Review; "Judges, 'Testifying', and the Constitution" in the Southern California Review; "The Dirty Little Secret" in the Emory Law Journal; and "Pragmatism, Positivism, and Principles in Fourth Amendment Theory" in the UCLA Law Review.

In addition to his Emory courses, Professor Cloud regularly teaches and lectures at other universities. In the United States, he has been the Robert Daniels Distinguished Visiting Professor at the University of Iowa College of Law, a Distinguished Visiting Professor in Advocacy and Dispute Resolution at the University of Tennessee College of Law, and a Visiting Professor at the University of Mississippi School of Law. In Europe, he has been a German Marshall Fund distinguished guest lecturer and has taught courses on Corporate Crime in a Global Economy, constitutional theory and United States law at the University of Konstanz Law School in Germany, at the Central European University in Budapest, Hungary, and at the European Business School in Germany. Professor Cloud lectures regularly to academic and professional groups in the United States and other countries. Recent lectures have been delivered at the University of Heidelberg, the National Judicial College and the National Center for Justice and the Rule of Law at the University of Mississippi.

Professor Cloud practiced law as a trial lawyer and litigator in Florida and California before joining the Emory faculty. He served as a program director for the National Institute for Trial Advocacy for more than twenty years, and lectures to practicing attorneys around the country about trial practice and civil litigation. He has served as chairperson of the Section on Litigation of the Association of American Law Schools. He also serves on the advisory board of the Green Bag, a journal devoted to legal history and legal policy issues.

Education: BA, Grinnell College, 1969; MA, University of Iowa, 1972; JD, Cornell University, 1977.

A Liberal House Divided: How the Warren Court Dismantled the Fourth Amendment
Emory Public Law Research Paper No. 06-5, Ohio State Journal of Criminal Law, Vol. 3, p. 33, 2005 2006

Human Rights for the Real World
54 Emory L.J. 151 (2005) 2005

Quakers, Slaves and the Founders: Profiling to Save the Union
73 Miss. L.J. 369 (2003-2004) 2003

Rube Goldberg Meets the Constitution: The Supreme Court, Technology and the Fourth Amendment
72 Miss. L.J. 5 (2002-2003) 2002

Words without Meaning: The Constitution, Confessions, and Mentally Retarded Suspects
Cloud, Morgan; Shepherd, George B.; Barkoff, Alison Nodvin; Shur, Justin V.69 U. Chi. L. Rev. 495 (2002) 2002

2000 Amendments to the Federal Discovery Rules and the Future of Adversarial Pretrial Litigation, The
74 Temp. L. Rev 27 2001

Privileges Lost - Privileges Retained
69 Tenn. L. Rev. 65 (2001-2002) 2001

Organized Crime, RICO, and the European Union
27 Syracuse J. Int'l L. & Com. 243 (2000) 2000

Time and Money: Discovery Leads to Hourly Billing
University of Illinois Law Review 1999

Time and Money: Discovery Leads to Hourly Billing
Shepherd, George B.; Cloud, Morgan 1999 U. Ill. L. Rev. 91 (1999) 1999

Judicial Review and the Exclusionary Rule
26 Pepp. L. Rev. 835 (1998-1999) 1998

Fourth Amendment during the Lochner Era: Privacy, Property, and Liberty in Constitutional Theory, The
48 Stan. L. Rev. 555 (1995-1996) 1995

Torture and Truth
74 Tex. L. Rev. 1211 (1995-1996) 1995

Judges, Testilying, and the Constitution
69 S. Cal. L. Rev. 1341 (1995-1996) 1995

Dirty Little Secret, The
43 Emory L. J. 1311 (1994) 1994

Pragmatism, Positivism, and Principles in Fourth Amendment Theory
41 UCLA L. Rev. 199 (1993-1994) 1993

Structure and Values in Constitutional Interpretation
40 Emory L. J. 875 (1991) 1991

Introduction: Compassion and Judging
22 Ariz. St. L.J. 13 (1990) 1990

Cocaine, Demand, and Addiction: A Study of the Possible Convergence of Rational Theory and National Policy
42 Vand. L. Rev. 725 (1989) 1989

Government Intrusions Into the Attorney-Client Relationship: The Impact of Fee Forfeitures on the Balance of Power in the Adversary System of Criminal Justice
36 Emory L. J. 817 (1987) 1987

Forfeiting Defense Attorneys' Fees: Applying an Institutional Role Theory to Define Individual Constitutional Rights
Cloud, Morgan 1987 Wis. L. Rev. 1 (1987) 1987


Morgan Cloud

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