Kathryn Miller is a Professor of Law and the Co-Director of the Criminal Defense Clinic. Her scholarship focuses on how dominant conceptions of criminal punishment and adjudication implicate the constitutional rights of criminal defendants. She explores how procedural rules designed to further the interests of criminal defendants often disadvantage them and have detrimental spillover effects.

Prior to joining Cardozo, Professor Miller was a clinical fellow and supervising attorney at UC Berkeley School of Law where she taught in the law school's Death Penalty Clinic. Professor Miller has represented individuals convicted of capital crimes at the Equal Justice Initiative and has served as a supervising attorney at The Bronx Defenders.

Professor Miller has a B.A. summa cum laude from The College of William & Mary and a J.D. from UC Berkeley School of Law, where she was elected to the Order of the Coif.

Featured Scholarship

The Anti-Subordination Eighth Amendment

112 CAL. L. REV. (2024)

No Sense of Decency

98 WASH. L. REV. 115 (2023)

Resurrecting Arbitrariness

107 Cornell L. Rev. 1319 (2022) 

A Second Look for Children Sentenced to Die in Prison

75 Okla. L. Rev. 141 (2022) (invited contribution) 

The Myth of Autonomy Rights

43 Cardozo L. Rev. 375 (2021)

The Eighth Amendment Power to Discriminate

5 Wash. L. Rev. 809 (2020)

The Attorneys Are Bound and the Witnesses Are Gagged: How States Limit Post-Conviction Investigation in Criminal Cases

106 Cal. L. Rev. 135 (2018)

View All Scholarship