Professor Rudstein teaches and writes in the fields of criminal law and criminal procedure. He holds a bachelor’s degree (with honors) from the University of Illinois, a law degree (cum laude) from Northwestern University, where he was elected to the Order of the Coif, and a master of laws degree from the University of Illinois. After graduation, he served as a teaching assistant at the University of Illinois, and then as a law clerk to Justice Walter V. Schaefer of the Supreme Court of Illinois during 1972-73. Professor Rudstein joined the faculty of Chicago-Kent in 1973. He spent a semester as a visiting professor at the University of Illinois in 1983, and returned to Chicago-Kent to serve as associate dean from 1983 to 1987. He is the co-author of a three-volume treatise titled Criminal Constitutional Law and has written numerous articles in the field of criminal procedure. His book Double Jeopardy: A Reference Guide to the United States Constitution was published in late 2004. His most recent casebooks are Criminal Law: Cases, Materials and Problems (2d ed. 2008) and Criminal Procedure: The Investigative Process (2008).
Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause?, Catholic University Law Review (2012)
Retrying the Acquitted in England, Part III: Prosecution Appeals Against Judges' Rulings of "No Case to Answer", San Diego International Law Journal (2011)
Retrying the Acquitted in England, Part II: The Exception to the Rule Against Double Jeopardy for “Tainted Acquittals" (forthcoming), San Diego International Law Journal (2008)
Retrying the Acquitted in England, Part I: The Exception to the Rule Against Double Jeopardy for "New and Compelling Evidence", San Diego International Law Journal (2007)
A Brief History of the Fifth Amendment Guarantee Against Double Jeopardy, William and Mary Bill of Rights Journal (2005)
Criminal Constitutional Law (Matthew Bender & Co. 1990 & Supp. 1991-2011) (with C.P. Erlinder & David C. Thomas). (2008)
Contributions to Books
Criminal Procedure and the Supreme Court--Then and Now, Then & Now: Stories of Law and Progress (2013)
Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause?, ExpressO (2012)
This article considers whether a statute or rule of court allowing the prosecution to appeal...