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Professor Max Minzner

Max Minzner

Professor of Law
Karelitz Chair in Evidence & Procedure

2013-2015 Presidential Teaching Fellow
Sc.B. 1996, Brown University
J.D. 1999, Yale Law School
Member, New Mexico Bar

 Curriculum Vitae SSRN

Contact Information

 Ph.: 505-277-5665
 Office: 2526


Professor Max Minzner teaches and writes in the areas of criminal law, criminal and civil procedure, and administrative agency enforcement. His scholarship has appeared in the Harvard Law Review, the Texas Law Review, and the William & Mary Law Review, among other journals. He is the recipient of the 2013-2015 University of New Mexico Presidential Teaching Fellowship, a lifetime achievement award given annually to a single professor University-wide to recognize excellence in teaching.

Professor Minzner brings extensive practical experience to the classroom. From 2002 until 2006, he worked as an Assistant United States Attorney in the United States Attorney’s Office for the Eastern District of New York, where he prosecuted a wide range of federal criminal cases. From 2009 to 2010, Minzner was on leave, serving as Special Counsel to the Director of the Office of Enforcement at the Federal Energy Regulatory Commission in Washington, D.C. In this role, he helped lead the enforcement arm of FERC, investigating violations in the energy sector relating to anti-competitive activities, market manipulation, and conduct that threatened the reliability of the electric grid.

Prior to joining UNM School of Law, Minzner was a member of the faculty at the Benjamin N. Cardozo School of Law. He was born and raised in Albuquerque and is a member of the New Mexico Bar.

Recent Articles

Should Agencies Enforce?, 99 Minn. L. Rev.__ (2015) (forthcoming).

For-Profit Public Enforcement, 127 Harv. L. Rev.857 (2014) (with Margaret Lemos).

Why Agencies Punish, 53 Wm. & Mary  L. Rev. 853 (2012).

Putting Probability Back Into Probable Cause, 87 Tex. L. Rev. 913 (2009).

Detecting Lies Using Demeanor, Bias, and Context, 29 Cardozo L. Rev. 2557 (2008).

Shorter and Solicited Works

A Sentencing Commission for the Administrative State?,104 Geo. L. Rev. Online 87 (2015).

Breaking Bad in the Classroom, 45 N.M. L. Rev. 301 (2015).

Do Warrants Matter?, 9 REV. L. & ECON 169 (2013) (with Christopher M. Anderson).

The Criminal Rules Enabling Act, 46 U. Rich.  L. Rev. 1047 (2012).

Saving Stare Decisis: Preclusion, Precedent, and Procedural Due Process, 2010 B.Y.U.  L. Rev. 597 (2010).

Revisiting Hooper, 39 N.M. L. Rev. 47 (2009) (solicited work).

Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country, 6 Nev. L.J. 89 (2005).

Gagged but not Bound: The Ineffectiveness of the Rules Governing Judicial Campaign Speech, 68 UMKC L. Rev. 209 (1999).

Entrenching Interests: State Supermajority Requirements to Raise Taxes, 14 Akron Tax J. 43 (1999).

Travis Lee, Max Minzner, et al., Excursions of a Random Walk Related to the Strong Law of Large Numbers, 28 Rocky Mtn. J. of Mathematics 595 (1998).

Travis Lee, Max Minzner, et al., The Length of an Excursion Above a Linear Boundary by a Random Walk, 34 Statistics & Prob. Letters 397 (1997).

Case Note, Construction Work: The Canons of Indian Law, 107 Yale L.J. 863 (1997) (student-published work).