Lenese Herbert is a professor of law at Howard University School of Law, where she teaches evidence, criminal procedure, criminal law, social media and the law, and administrative law. Prior to entering law teaching, Professor Herbert practiced extensively as agency counsel for the U.S. Department of Transportation, the U.S. Commodity Futures Trading Commission, and served as an Assistant U.S. Attorney for the District of Columbia in both the Criminal and Civil Divisions under former U.S. Attorney General and U.S. Attorney for the District of Columbia, Eric Holder. A graduate of Howard University (B.S., cum laude) and UCLA School of Law (Juris Doctor), Professor Herbert practiced before administrative law judges, military tribunals, and Article III courts on federal, local, trial, and appellate levels.
Professor Herbert co-authors Constitutional Criminal Procedure, a problem-based casebook adopted in a number of law schools across the U.S., as well as Criminal Law: Skills and Values. She is a contributing author to Race to Injustice: Lessons Learned From the Duke Lacrosse Rape Case. Her scholarly work has appeared in a number of law reviews and journals including Seattle University Law Review, The Ohio State Journal of Criminal Law, Michigan Journal of Race & Law, and the Georgetown Journal on Poverty Law & Policy. Professor Herbert has served as an expert witness before the U.S. Department of Housing and her scholarship is regularly cited by academicians and practitioners alike. Her article, “Challenging the (Un)Constitutionality of Governmental GPS Surveillance,” was cited by three amicus briefs before the U.S. Supreme Court in United States v. Jones and was voted “Best of ABA Sections: Criminal Justice, 2012.” Her media appearances include Voice of America, Al-Jazeera English, NBC News Channel 4 (Washington, DC), WTTG Fox 5 (Washington, DC), The Washington Post, and News Channel 8.
Sub specialities: (Im)Proper policing, Fourth Amendment search and seizure law, criminal prosecutions, federal agency administrative procedure, criminal procedure, criminal trial practice, the law of Evidence
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Implicit bias training seeks to counter hidden prejudice in law enforcement
Washington Post [August 16, 2016] -
US Justice Department to Probe Chicago Police Force
Voices of America News [December 7, 2015] -
Protests In US Over Chokehold Death Case
Al-Jazeera English [December 4, 2014] -
Stand Your Ground Shooting Verdict
WTTG Fox 5 Live -
Taslitz, Paris and Herbert's Constitutional Criminal Procedure, (5th Edition)
West Academic -
Skills & Values: Criminal Law
Carolina Academic Press -
Challenging the (Un)Constitutionality of Governmental GPS Surveillance
Criminal Justice, Volume 26 -
Policing, Protestors, and Discretion: Why Properly Policing a Movement Matters: A Response to Alafair Burke’s Policing, Protestors, and Discretion
Fordham Urban Law Journal -
When Prosecutorial Discretion Meets Disaster Capitalism
RACE TO INJUSTICE: LESSONS LEARNED FROM THE DUKE UNIVERSITY LACROSSE PLAYERS’ RAPE CASE -
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence for All
“Racial Bias in the Criminal Justice System” Symposium, 35 -
Othello Error: Facial Profiling, Privacy, and the Suppression of Dissent
Racial Blindsight: The Absurdity of Color-Blind Criminal Justice,” 5 -
Et In Arcadia Ego: A Perspective On Black Prosecutors’ Loyalty Within The American Criminal Justice System
“Loyalty & Criminal Justice” Symposium, 49