Faculty Profiles

Morgan  Cloud

Morgan Cloud

Charles Howard Candler Professor of Law

Areas of Expertise

Criminal Law, Criminal Procedure, White Collar Crime, Comparative Constitutional Law, Pretrial Litigation

Curriculum Vitae

Assistant: Linda Jackson

Morgan Cloud teaches and writes about criminal law, criminal procedure, constitutional theory, and comparative constitutional law. 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: JD, Cornell University, 1977; MA, University of Iowa, 1972; BA, Grinnell College, 1969

4th Amendment Search And Seizure

The Fourth Amendment During The Lochner Era: Privacy, Property, and Liberty, 48 Stanford Law Review 555 (1996).

Searching Through History, Searching for History, 63 The University of Chicago Law Review 1707 (1996) (Solicited Article).

Pragmatism, Positivism, and Principles in Fourth Amendment Theory, 41 U.C.L.A. Law Review 199-302 (1993).

Judges, "Testilying," and the Constitution, 69 Southern California Law Review 1341 (1996) (Solicited Article).

A Liberal House Divided:  How the Warren Court Dismantled the Fourth Amendment, 3 Ohio State Jour. Crim. L. 33 (2005), in The Warren Court Criminal Justice Revolution: Reflections A Generation Later (Solicited Article) (2005).

A Conservative House United:  How the Post-Warren Court Dismantled the Fourth Amendment, 10 Ohio State Journal of Criminal Law 475 (2013) (solicited article).

Quakers, Slaves, and the Founders: Profiling to Save the Union, 73 Mississippi Law Journal 369 (2003) (Solicited Article).

Rights Without Remedies:  The Court That Cried “Wolf,” 77 Miss. L. Jour. 465 (2007) (Article based upon Named Lecture).

Rube Goldberg Meets The Constitution: The Supreme Court, Technology And The Fourth Amendment, 72 Mississippi Law Journal 5 (Solicited Article for Symposium) (2002)

Search and Seizure by the Numbers: The Drug Courier Profile and Judicial Review of Investigative Formulas, 65 Boston University Law Review 843-921 (1985).

The Dirty Little Secret, 43 Emory Law Journal 1311- 1349 (1994).

Ignorance and Democracy, 39 Texas Tech. L. Rev. 1143 (2007) (Solicited Article).

Judicial Review and the Exclusionary Rule, 26 Pepperdine Law Review 835 (1999) (Solicited Article for Symposium).


5th Amendment Privileges Against Self-Incrimination

Words Without Meaning—The Constitution, Confessions, and Mentally Retarded Suspects, with George B. Shepherd, Alison Nodvin Barkoff, and Justin V. Shur, 69 The University of Chicago Law Review 495 (2002).

Torture and Truth, 74 Texas Law Review 1211 (1996) (Solicited Article).


6th Amendment Right To Counsel

Forfeiting Defense Attorneys Fees: Applying an Institutional Role Theory to Define Individual Constitutional Rights, 1987 Wisconsin Law Review 1-66 (1987), cited  in  United States v. Monsanto, 105 L.Ed. 2d 512 (1989) (Blackmun, J., dissenting), and Caplin & Drysdale v. United States, 105 L.Ed. 2d 528 (1989) (Blackmun, J., dissenting).

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 Law Journal 817 (1987), cited in United States v. Monsanto, 105 L.Ed. 2d 512 (1989) (Blackmun, J., dissenting), and Caplin & Drysdale v. United States, 105 L.Ed. 2d 528 (1989) (Blackmun, J., dissenting).


Legal History

Searching Through History, Searching for History, 63 The University of Chicago Law Review 1707 (1996) (Solicited Article).

Torture and Truth, 74 Texas Law Review 1211 (1996) (Solicited Article).

Quakers, Slaves, and the Founders: Profiling to Save the Union, 73 Mississippi Law Journal 369 (2003) (Solicited Article).

A Conclusion in Search of a History to Support It, 42 Texas Tech. L. Rev. 29 ( 2010) (Solicited Article).


Criminal Law & White Collar Crime

Law Deans In Jail (with George Shepherd), 77 University of Missouri Law Journal  (2013).

RICO, Federalism, and Law Enforcement in the European Union, 27 Syracuse Journal of International Law and Commerce 243 (2000) (Solicited Article for Symposium).


Legal Theory

More Than Utopia, in Vulnerability: Reflections on a New Ethical Foundation for Law and Politics, 78-94 (Martha A. Fineman et al. eds., 2013).

Expressive Property in a Digital Age, in Information and Law in Transition, 55-71 (Anna-Sara Lind et al. eds., 2015).

The Fourth Amendment During The Lochner Era: Privacy, Property, and Liberty, 48 Stanford Law Review 555 (1996).

Pragmatism, Positivism, and Principles in Fourth Amendment Theory, 41 U.C.L.A. Law Review 199-302 (1993).

Yugoslavia, 2 The Green Bag 2d 351 (1999)

Human Rights for the Real World, 54 Emory L. Jour. 151 (2005) (Solicited Article). 

Time and Money:  Discovery Leads to Hourly Billing, 1999 University of Illinois Law Review 91 (with George Shepherd) (1999).


Legal Ethics & Civil Procedure

Forfeiting Defense Attorneys Fees: Applying an Institutional Role Theory to Define Individual Constitutional Rights, 1987 Wisconsin Law Review 1-66 (1987), cited  in  United States v. Monsanto, 105 L.Ed. 2d 512 (1989) (Blackmun, J., dissenting), and Caplin & Drysdale v. United States, 105 L.Ed. 2d 528 (1989) (Blackmun, J., dissenting).

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 Law Journal 817 (1987), cited in United States v. Monsanto, 105 L.Ed. 2d 512 (1989) (Blackmun, J., dissenting), and Caplin & Drysdale v. United States, 105 L.Ed. 2d 528 (1989) (Blackmun, J., dissenting).

Law Deans In Jail (with George Shepherd), 77 University of Missouri Law Journal  (2013).

Time and Money:  Discovery Leads to Hourly Billing, 1999 University of Illinois Law Review 91 (with George Shepherd) (1999).

Privileges Lost?  Privileges Retained? 69 Tennessee Law Review 65 (2001) (Solicited Article).

The 2000 Amendments to the Federal Discovery Rules and the Future of Adversarial Pretrial Litigation, 74 Temple Law Review 27 (2001) (Solicited Article).