Professor Dawinder "Dave" S. Sidhu

Contact Information

Ph.: 505-277-1094
Fax: 505-277-1597
Office: 3116

Dawinder S. Sidhu

Associate Professor of Law
B.A. 2000, University of Pennsylvania
M.A. 2003, Johns Hopkins University
J.D. 2004, The George Washington University
Member of the Maryland Bar

Curriculum Vitae SSRN

Profile

Dawinder "Dave" S. Sidhu joined the law school community in 2011. From 2013-2014, Sidhu was on leave, serving as a fellow at the Supreme Court of the United States. As a Supreme Court Fellow, Sidhu was assigned to the U.S. Sentencing Commission, an independent agency within the federal judiciary, and was the recipient of a Distinguished Service Award.

Sidhu teaches and writes in the areas of constitutional law, criminal law, and national security. He has taught at the Georgetown University Law Center and the University of Baltimore School of Law, and has held research posts at the Oxford University Faculty of Law, among other institutions. His scholarship has been cited in a U.S. Department of Justice report, by the Solicitor General of the United States, and by practitioners appearing before the U.S. Supreme Court, federal circuit courts, and state intermediate and high courts. In addition, his public commentary has been published by the New York Times, Washington Post, and SCOTUSblog, among other sources. Sidhu has participated, on a pro bono basis, in several constitutional cases before the U.S. Supreme Court and federal courts of appeal. Sidhu served as a staff attorney in the U.S. Department of Education and as a law clerk to U.S. District Judge David G. Campbell.

Sidhu is a technical advisor to the Aspen Institute's Inclusive America Project and he sits on the academic board of the University's National Security Studies Program. He has been a legal observer of military commissions at Guantanamo, an opportunity now available to UNM law students. He founded the law school chapter's of the Marshall-Brennan Constitutional Literacy Project and serves as faculty advisor to both the American Constitution Society and the Federalist Society student groups.

Courses

Constitutional Rights

Constitutional Rights

This course involves an in-depth inquiry into the building blocks of civil rights law; freedom of expression (speech and press), equal protection, due process, and religious freedom. There will be discussion of litigation strategy and the decision-making processes of the U.S. Supreme Court.

Criminal Law I

Criminal Law I

This course considers the general principles of substantive criminal law and evaluates them in terms of the various purposes that justify a system of criminal punishment. It will include an analysis of the doctrines of mens rea attempt, complicity, and conspiracy as well as certain crimes such as homicide and certain defenses such as self-defense.

Employment Discrimination Seminar

Introduction to Constitutional Law

Introduction to Constitutional Law

This course is an introduction to the study of Constitutional Law. The focus will be on the structural framework established by the Constitution, including principles of federalism and the role of the Supreme Court in policing the constitutional order. Among other things, we will study the doctrine of judicial review, the reach of federal legislative power, limits on the reach of state power, the workings of the Supreme Court, and separation of powers and limits on the exercise of federal judicial power.

National Security Law

National Security Law

This seminar explores the fundamental constitutional and legal issues that arise in the national security context. It examines, among other things, the scope of executive wartime power, the role of the courts in times of war, the use of the writ of habeas corpus to challenge unlawful detention, and the rights and experiences of those targeted by governmental national security initiatives. Students will study historical moments, such as the Civil War and World War II, in which these issues are implicated, as well as important post-9/11 developments in the national security arena.

Sentencing Theory and Practice

Sentencing Theory and Practice

This course explores the theories of criminal punishment, the criminal sentencing process, and contemporary issues in sentencing. Students first will analyze the traditional justifications for criminal punishment: retribution, deterrence, incapacitation, and rehabilitation. With this philosophical foundation in place, students will then participate in sentencing exercises. In particular, students will simulate the sentencing process by taking turns drafting pre-sentence reports, acting as prosecution, and serving as defense counsel in weekly cases. These cases will be drawn from actual criminal matters and will span various criminal contexts, including drugs, homicide, and fraud. As a part of these simulations, students will learn to apply the federal Sentencing Guidelines and will debate whether the sentences advised under the Guidelines are consistent with the underlying purposes of criminal punishment. The semester closes with discussions of systemic sentencing issues, such as racial disparities in the criminal justice system.

Representative Publications and Essays

Moneyball Sentencing, 56 B.C. L. Rev. ____ (forthcoming, 2015)

Judicial Modesty in the Wartime Context, 39 J. S. Ct. Hist. 190 (2014)

Spatial Terrorism, 41 Fordham Urb. L. J. 79 (2014).

Lessons on Terrorism and "Mistaken Identity" From Oak Creek, With a Coda on the Boston Marathon Bombings, 113 Colum. L. Rev. Sidebar 76 (2013).

The Unconstitutionality of Urban Poverty, 62 DePaul L. Rev. 1 (2012).

Religious Freedom and Inmate Grooming Standards, 66 U. Miami L. Rev. 923 (2012).

Out of Sight, Out of Legal Recourse: Interpreting and Revising Title VII to Prohibit Workplace Segregation Premised on Religion, 36 N.Y.U. Rev. L. & Soc. Change 103 (2012).

Shadowing the Flag: Extending the Habeas Writ Beyond Guantánamo, 20 Wm. & Mary Bill Rts. J. 39 (2011).

First Korematsu and now Ashcroft v. Iqbal: The Latest Chapter in the Wartime Supreme Court's Disregard for Claims of Discrimination, 58 Buff. L. Rev. 419 (2010).

Are Blue and Pink the New Brown? The Permissibility of Sex-Segregated Education as Affirmative Action, 17 Cornell J. L. & Pub. Pol'y 579 (2008).

Book

Civil Rights In Wartime: The Post-9/11 Sikh Experience (Ashgate, 2009) (with Neha Singh Gohil).

Selected Commentary

"The Birth of the Greenback," N.Y. TIMES, Dec. 31, 2013.

"Guantanamo Military Commissions: Reflections from a Legal Observer," Oxford Human Rights Hub Blog, Sept. 12, 2013 (Part I), Sept. 24, 2013 (Part II), Sept. 30, 2013 (Part III).

"Get Rid of Tenure for Law Schools," USA Today, Aug. 25, 2013.

"A Critical Look at the ‘Critical Mass' Argument," Chronicle of Higher Education, Feb. 18, 2013.

"The Meaning and Viability of the Thirteenth Amendment," The Hill, Jan. 7, 2013.

"Oak Creek and the Future of Sikhs in America", Washington Post, Oct. 2, 2012.

"In the Wake of the Temple Shootings, a New Call for Sikh Leadership", Center for Public Leadership, Kennedy School of Government, Harvard University, Aug. 6, 2012.

"Violence against Sikhs Stems from Ignorance and Fear", Baltimore Sun, Aug. 6, 2012.

"Call the Colorado Shootings What They Were: Terrorism," Baltimore Sun, July 24, 2012.

"A Decade After 9/11, Ignorance Persists", Albuquerque Journal, Dec. 16, 2011.

"Obama's Looming Legal Trap in Afghanistan," Salon, Apr. 6, 2010.

Civil Rights and the Wartime Supreme Court, SCOTUSBlog, Feb. 22, 2010.