Professor Dustin Benham
|Associate Professor of Law
Professor Benham teaches and writes about civil procedure, evidence, and advocacy. Before joining the faculty at Texas Tech University School of Law, he served as a Visiting Assistant Professor at Baylor Law School, teaching appellate advocacy and civil procedure courses.
In addition to his teaching experience, Professor Benham has an array of litigation and appellate experience on both sides of the docket. Of particular note, Professor Benham was second-chair and briefing attorney for the petitioner in Spears v. United States, 555 U.S. 261 (2009). In Spears, he wrote a substantial portion of a winning petition involving criminal sentencing issues before the United States Supreme Court.
Professor Benham is licensed to practice in Texas and is also admitted to practice before the United States District Court for the Northern District of Texas.
Recent Law Review Articles
Proportionality, Pretrial Confidentiality, and Discovery Sharing, 71 Wash. & Lee L. Rev. ___ (forthcoming 2014).
Dirty Secrets: The First Amendment in Protective-Order Litigation, 35 Cardozo L. Rev. 1781 (2014).
Beyond Congressís Reach: Constitutional Aspects of Inherent Power, 43 Seton Hall L. Rev. 75 (2013).
Twombly and Iqbal Should (Finally!) Put the Distinction Between Intrinsic and Extrinsic Fraud Out of Its Misery, 64 SMU L. Rev. 649 (2011).
Amicus Briefs (Selected)
Brief for Federal Public and Community Defenders Amicus Curiae Supporting Petitioner, Kimbrough v. United States, 552 U.S. 85 (2007) (M. O'Hear (Marquette) and M. Osler (St. Thomas (Minneapolis)), co-authors).