Lenese Herbert

Professor of Law

J.D., University of California, Los Angeles


Professor Herbert has taught at Howard since 2008, thrice as a visitor and, as of 2013, as a full-time tenured professor. She teaches courses in criminal law, criminal procedure, evidence, admin law, and social media and the law.

Considered an expert on bias in the criminal justice system, (im)proper policing, and the role of a criminal prosecutor, Herbert’s scholarship is published in a number of law reviews and journals; it is also cited in court decisions and pleadings, including amicus briefs filed in the recent U.S. v. Jones, the Supreme Court’s GPS tracking decision. Herbert has also co-authored two volumes, Constitutional Criminal Procedure (with the late Howard law professor Andrew Taslitz and Margie Paris) and Lexis Nexis Skills and Values: Criminal Law  (with Taslitz and Tinto).

On Twitter, she can be found @HowNow,Herbert? heavily re-tweeting links and other content related to criminal justice, policing, and SCOTUS.

Recently Published

Her newest solo effort2018 Supplement to Taslitz, Paris, and Herbert’s Constitutional Criminal Procedure (University Casebook Series 2018), is now in bookstores. (ISBN-13: 9781683283010)

Constitutional Criminal Procedure (5th ed. with Taslitz & Paris, 2014)
Skills and Values: Criminal Law (with Taslitz & Tinto, LexisNexis, 2014)

Policing, Protestors, and Discretion: Why Properly Policing a Protest Matters, Fordham Urban Law Journal (2013)
How Occupy’s Race-Based Privilege May Improve Fourth Amendment Jurisprudence for All, Seattle U. Law Review (2012)
Bete Noire: How Race-Based Policing Threatens National Security, Michigan Journal of Race and Law (Vol. IX, 2003)

Presently Relevant

Moments in History: Remembering Thurgood Marshall, a video in which she is featured:

Media expert, trained by the Women's Media Center:

Speaking engagement:

Washington Post article on implicit bias training, August 16, 2016

Recent Media Appearances

C-SPAN, American Constitution Society 2018 Supreme Court Review
Legal experts reviewed the Supreme Court decisions of the 2017-18 term. The panelists also talked about the retirement of Justice Anthony Kennedy.
(The National Press Club, Washington, DC 2018)

​BBC News, “What Americans Get Wrong About 911,” 
(August 20, 2018)

The Washington Post, “Implicit Bias Training Seeks to Counter Hidden Prejudice in Law Enforcement,” 
(August 16, 2018)