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Ben McJunkin

Associate Professor of Law and Associate Deputy Director of the Academy for Justice
Faculty, DTPHX Campus, Mailcode 9520
Associate Professor of Law and Affilliate Professor
Faculty, DTPHX Campus, Mailcode 9520
Biography: 

Ben McJunkin is an Associate Professor of Law and Associate Deputy Director of the Academy for Justice. He is also an Affiliated Faculty Member with the School of Criminology and Criminal Justice.

Professor McJunkin currently teaches and writes on topics in criminal law and criminal procedure. His scholarship focuses primarily on the criminalization of sexual violence and the policing of marginalized communities. His legal research connects doctrine with broader themes in moral philosophy and gender theory. His work in substantive criminal law routinely questions how the legal regulation of sex and sexuality shapes, and is shaped by, societal narratives about gender identity and sexual injury.  Meanwhile, his work in constitutional criminal procedure questions the prevailing conceptions of privacy, which tend to be overly individualistic and hostile to the values of mutuality and interdependence.  Taken together, his scholarship critiques legal liberalism and emphasizes the criminal law's expressive character—its ability to communicate social values and establish duties intended to guide conduct. 

Prior to joining the law school, Professor McJunkin was an alumni fellow at the University of Michigan Law School, where he also earned his J.D. magna cum laude. During law school, he was the Editor-in-Chief of the Michigan Journal of Gender & Law. Following law school, he clerked for Justice Peter J. Rubin on the Massachusetts Appeals Court and Judge Kermit V. Lipez on the United States Court of Appeals for the First Circuit. 

Professor McJunkin also brings a wealth of private-practice experience in white-collar criminal defense. Working at three prominent law firms, he represented corporate clients in federal criminal investigations and related regulatory proceedings. His practice experience informs his scholarship, particularly regarding the legitimate limits of criminalization and the role of mental states in blameworthiness.  

Professor McJunkin's recent scholarship has been published in the Michigan Law Review, the Wisconsin Law Review, the New Criminal Law Review, and the Columbia Journal of Gender & Law. He is also a frequent guest on podcasts and panels discussing the role of police in American society.  

Education: 

J.D., magna cum laude, University of Michigan Law School

B.A., cum laude, Philosophy and Political Science, University of Vermont

Research Interests: 
  • Criminal Law
  • Criminal Procedure
  • Policing
  • Gender & Sexuality
  • Jurisprudence
Publications: 

Homlessness, Indignity, and the Promise of Mandatory Citations, 52 Arizona State Law Journal ___ (forthcoming 2020) 

Sex Offenders: Technological Monitoring and the Fourth Amendment, 46 Search & Seizure Law Report 75 (2019) (with J.J. Prescott)

The Private-Search Doctrine Does Not Exist, 2018 Wisconsin Law Review 971 (2018) 

Fourth Amendment Constraints on the Technological Monitoring of Convicted Sex Offenders, 21 New Criminal Law Review 379 (2018) (with J.J. Prescott)

Rank Among Equals, 113 Michigan Law Review 855 (2015) 

Deconstructing Rape by Fraud, 28 Columbia Journal of Gender & Law 1 (2014)

Fall 2021
Course NumberCourse Title
LAW 691Seminar
LAW 781Independent Study
LAW 791Seminar
Spring 2021
Course NumberCourse Title
LAW 516Criminal Law
LAW 735Teaching Assistant
LAW 781Independent Study
Fall 2020
Course NumberCourse Title
LAW 691Seminar
LAW 781Independent Study
LAW 791Seminar
Spring 2020
Course NumberCourse Title
LAW 516Criminal Law
LAW 735Teaching Assistant
Fall 2019
Course NumberCourse Title
LAW 691Seminar