Professor Thomas has a B.S. from the University of Tennessee, an M.F.A. (creative
writing) and J.D. from the University of Iowa, and an LL.M. and J.S.D. from Washington
University in St. Louis. Prior to joining the Rutgers faculty in 1986, he practiced law
in Tennessee and was a member of the University of Tennessee faculty. He is the author of
Double Jeopardy: The History, the Law and the co-author of The Miranda Debate (with
Richard Leo) and Criminal Procedure: Principles, Policies and Perspectives (with Joshua
Dressler). Professor Thomas has published 50 articles. Some placements include the law
reviews of Michigan, Virginia, Texas, UCLA, NYU, California, and Northwestern. His latest
book, Reclaiming Innocence From Judicial Neglect, will be published by the University of
Michigan Press in 2007. His next book will be on the history, the present, and the future
of the law of confessions. He enjoys gardening, jogging, reading fiction, and working on
novels that he never finishes. 



Justice Story Cuts the Gordian Knot of Hung Jury Instructions (with Mark Greenbaum), Rutgers University (Newark) Legal Working Paper Series (2006)

Constitutional law grows more complex over time. The complexity is due, in large part, to...


Criminal Law and Procedure


Discretion and Criminal Law: The Good, The Bad, and the Mundane, Rutgers University (Newark) Legal Working Paper Series (2005)

Most academic papers condemn discretion in the enforcement and prosecution of crime. This essay argues...



Time Travel, Hovercrafts, and the Framers: James Madison Sees the Future and Rewrites the Fourth Amendment, Rutgers University (Newark) Legal Working Paper Series (2005)

The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because...



Missing Miranda's Story, A Review of Gary L. Stuart's, Miranda: The Story of America's Right to Remain Silent, Rutgers University (Newark) Legal Working Paper Series (2005)

Miranda v. Arizona is the best known criminal procedure decision in the history of the...