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Daniel Epps

Of Counsel

Dan Epps is Of Counsel at Wilkinson Stekloff. Outside his work for the firm, Dan is a law professor and legal scholar nationally recognized for his expertise on constitutional law, federal courts, criminal law and procedure, and the U.S. Supreme Court. His scholarship has been published in the nation’s leading law reviews, including the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review. His writing for popular audiences has appeared in high-profile venues such as the New York Times, the Washington Post, and The Atlantic.

As an established expert on the U.S. Supreme Court, Dan is regularly quoted in the national media. He has particular expertise in Supreme Court reform, where his work is influencing major policy debates. After presidential candidate Mayor Pete Buttigieg endorsed his and Ganesh Sitaraman’s proposal to restructure the Supreme Court, the plan received widespread attention in the popular press. Dan is also an experienced Supreme Court litigator, whose notable practice experience includes serving as co-counsel for the defendant in Ocasio v. United States and drafting the successful petition for certiorari and merits briefing in Walden v. Fiore.

Dan received his A.B. summa cum laude with highest distinction in philosophy from Duke University and his J.D. magna cum laude from Harvard Law School, where he was Articles Co-Chair of the Harvard Law Review and won the John M. Olin Law & Economics Prize. After law school, he clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and for Justice Anthony M. Kennedy of the Supreme Court of the United States. He then spent several years in practice as an appellate litigator in Washington, D.C. While in practice, he also co-taught Supreme Court Decision-making at the University of Virginia School of Law. Immediately after leaving full-time practice, he served as a Climenko Fellow and Lecturer on Law at Harvard Law School.


Education

  • Undergraduate: Duke University, A.B., summa cum laude with Highest Distinction in Philosophy (2004); Phi Beta Kappa
  • Law: Harvard Law School, J.D., magna cum laude (2008); Articles Co-Chair, Harvard Law Review

Clerkship

  • Justice Anthony M. Kennedy, Supreme Court of the United States (2009-2010)
  • Judge J. Harvie Wilkinson III, U.S. Court of Appeals for the Fourth Circuit (2008-2009)

Publications (Selected)

  • The False Promise of Jurisdiction Stripping, 123 Columbia Law Review _ (forthcoming 2023) (with Alan Trammell)
  • The Fourth Amendment and General Law, 132 Yale Law Journal 910 (2023) (with Danielle D’Onfro)
  • The Informed Jury, 75 Vanderbilt Law Review 823 (2022) (with William Ortman)
  • Designing Supreme Court Term Limits, 95 Southern California Law Review 1 (2021) (with Adam Chilton, Kyle Rozema & Maya Sen)
  • Checks and Balances in the Criminal Law, 74 Vanderbilt Law Review 1 (2021)
  • The Defender General, 168 University of Pennsylvania Law Review 1469 (2020) (with William Ortman)
  • How to Save the Supreme Court, 129 Yale Law Journal 148 (2019) (with Ganesh Sitaraman)
  • Harmless Errors and Substantial Rights, 131 Harvard Law Review 2117 (2018)
  • The Lottery Docket, 116 Michigan Law Review 705 (2018) (with William Ortman)
  • Adversarial Asymmetry in the Criminal Process, 91 New York University Law Review 762 (2016)
  • The Consequences of Error in Criminal Justice, 128 Harvard Law Review 1065 (2015)