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Our History: Former Faculty [Fall 2020 - this site is under construction as we update this list]: Stuntz, William J. (1986-2000)

Tenured faculty at the University of Virginia School of Law through its history.

William J. Stuntz, 1986-2000


A native of Maryland, William Stuntz received a B.A. from the College of William and Mary in 1980 and a J.D. from the University of Virginia School of Law in 1984. While in law school at Virginia, Stuntz was notes editor of the Virginia Law Review and received several honors, including the Alumni Association Award for Academic Excellence, awarded to the member of the graduating class with the highest academic standing, and the Roger and Madeline Traynor Prize for the best student written work. He is a member of Phi Beta Kappa, Phi Alpha Theta, and the Order of the Coif. Following law school, Stuntz was clerk to District Judge Louis Pollak, and the year following to Justice Lewis F. Powell, Jr. At UVA he taught torts, criminal law, civil rights litigation, remedies, and criminal procedure. In addition to these teaching responsibilities, he was a frequent lecturer to police audiences at the FBI Academy in Quantico, Virginia, and an occasional speaker for other groups, including federal and state judges, state prosecutors, and students at the Center for Christian Study. In 1993 he was awarded the First-Year Student Council Teaching Award. He spent the 1996-97 academic year as a visiting professor at Yale Law School. In 2000 he moved to Harvard Law School. He specialized in Christianity and legal theory, crime policy, and criminal law and procedure. Stuntz died in March 2011 at the age of 52 from colon cancer.



Issues in Capital Punishment Law (United States Court of Appeals for the Fourth Circuit, 1990).

Constitutional Criminal Procedure: An Examination of the Fourth, Fifth, and Sixth Amendments, and Related Areas (with Ronald J. Allen and Richard B. Kuhns) (Little, Brown, 3d ed. 1995).

Articles and Book Chapters

Recent Developments in Constitutional Criminal Procedure, in The Rehnquist Court: The First Year 41-45 (Virginia Law Foundation, 1987).

Self-Incrimination and Excuse, 88 Colum. L. Rev. 1227-1296 (1988).

The American Exclusionary Rule and Defendants’ Changing Rights, 1989 Crim. L. Rev. 117-128.

Waiving Rights in Criminal Procedure, 75 Va. L. Rev. 761-842 (1989).

Ineffective Assistance and Procedural Default in Federal Habeas Corpus (with John C. Jeffries, Jr.), 57 U. Chi. L. Rev. 679-728 (1990).

Remedies and Incentives in Private and Public Law: A Comparative Essay (with Saul Levmore), 1990 Wis. L. Rev. 483-499.

Rechtsfolgen im Privatrecht und im Öffentlichen Recht: Rechtvergleichung unter einem Law-and-Economics Blickwinkel (with Saul Levmore), in Ökonomische Probleme des Zivilrechts 297-313 (Claus Ott & Hans-Bernd Schafer eds., Springer-Verlag, 1991).

Warrants and Fourth Amendment Remedies, 77 Va. L. Rev. 881-943 (1991).

Implicit Bargains, Government Power, and the Fourth Amendment, 44 Stan. L. Rev. 553-591 (1992).

Plea Bargaining as Contract (with Robert E. Scott), 101 Yale L.J. 1909-1968 (1992).

A Reply: Imperfect Bargains, Imperfect Trials, and Innocent Defendants (with Robert E. Scott), 101 Yale L.J. 2011-2015 (1992).

Habeas after the Revolution (with Joseph L. Hoffmann), 1993 Sup. Ct. Rev. 65-123.

Lawyers, Deception, and Evidence Gathering, 79 Va. L. Rev. 1903-1956 (1993).

Warrants and Fourth Amendment Remedies, 19 Search & Seizure L. Rep. 1-8 (1993).

Privacy’s Problem and the Law of Criminal Procedure, 93 Mich. L. Rev. 1016-1078 (1995).

Reply, 93 Mich. L. Rev. 1102-1104 (1995).

The Substantive Origins of Criminal Procedure, 105 Yale L.J. 393-447 (1995).

Substance, Process, and the Civil-Criminal Line. 7 J. Contemp. Legal Issues 1-41 (1996).

The Uneasy Relationship Between Criminal Procedure and Criminal Justice, 107 Yale L.J. 1-76 (1997).

The Virtues and Vices of the Exclusionary Rule, 20 Harv. J. L. & Pub. Pol’y 443-455 (1997).

Race, Class, and Drugs, 98 Colum. L. Rev. 1795-1842 (1998).

Terry and Substantive Law, 72 St. John’s L. Rev. 1362-1366 (1998).

Terry’s Impossibility, 72 St. John’s L. Rev. 1213-1229 (1998).

The Distribution of Fourth Amendment Privacy, 67 Geo. Wash. L. Rev. 1265-1289 (1999).


The Police, Remedies, and Race: A Comparative Essay, Va. L. Wkly., Oct. 19, 1990, at 1, 3.

A Faculty Perspective on U.Va.’s Diversity, Va. L. Wkly., Apr. 5, 1991, at 2.

The Police, Remedies, and Race, Va. L. Sch. Rep., Summer 1992, at 12-15.

Lewis F. Powell, Jr., 1972-1987, in The Supreme Court Justices: Illustrated Biographies, 1789-1993, at 491-495 (Clare Cushman ed., Congressional Quarterly, 1993); reprinted in The Supreme Court Justices: Illustrated Biographies, 1789-1995, at 491-495 (Clare Cushman ed., Congressional Quarterly, 1995).

Crime Talk and Law Talk (reviewing Friedman, Crime and Punishment in American History), 23 Rev. Am. Hist. 153-158 (1995).

Dicta: The Moral Problem with American Public Law, Va. L. Weekly, Feb. 17, 1995, at 1, 4-6; Feb. 24, 1995, at 1, 4-5.

When Rights Are Wrong, First Things, April 1996, at 14-18.

Law and the Christian Story, First Things, Dec. 1997, at 26-29.

Pride and Pessimism in the Courts, First Things, Feb. 1997, at 22-27.