Rebecca Wexler is an Assistant Professor of Law at the University of California, Berkeley, School of Law, where she teaches, researches, and writes on issues concerning data, technology, and criminal justice. Her work has focused on evidence law, criminal procedure, privacy, and intellectual property protections surrounding new data-driven criminal justice technologies. She is also a Faculty Co-Director of the Berkeley Center for Law & Technology.
Before joining Berkeley Law, Professor Wexler clerked for Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit (2017-2018) and for Judge Katherine Polk Failla of the United States District Court for the Southern District of New York (2018-2019). She has worked as a Yale Public Interest Fellow at The Legal Aid Society’s criminal defense practice; a Lawyer-in-Residence at The Data and Society Research Institute; a Visiting Fellow at the Yale Law School Information Society Project; a Visiting Scholar at the Human Rights Center at Berkeley Law; a Visiting Scholar at Harvard University; and a Legal Intern at the Electronic Frontier Foundation. Professor Wexler is a graduate of Harvard College, Cambridge University, and Yale Law School, where she was awarded the Nathan Burkan Prize for Best Paper in the Field of Copyright Law, and received the Miller Prize for Best Paper Concerning the Bill of Rights two years in a row. While at Yale, she served as a Forum Editor for The Yale Law Journal. She is a member of the New York bar.
Professor Wexler’s research includes Life Liberty and Trade Secrets: Intellectual Property in the Criminal Justice System, The Stanford Law Review (2018); Technology’s Continuum: Body Cameras, Data Collection, and Constitutional Searches, in Visual Imagery and Human Rights Practice (2018); Gags as Guidance: Expanding Notice of National Security Letter Investigations to Targets and the Public, The Berkeley Technology Law Journal (2016); The Private Life of DRM: How Fundamental Rights Frame Copyright Enforcement Reform, The Yale Journal of Law & Technology (2015); and Warrant Canaries and Disclosure by Design: The Real Threat to National Security Letter Gag Orders, The Yale Law Journal Forum (2014). Her work has appeared in The New York Times, Washington Monthly, and Slate, and been featured on NPR’s The Takeaway.
Prior to attending law school, Rebecca made documentary films for national broadcast television, museums, and educational distribution. She was a 2012 Senior Fulbright Advanced Research and Lecturing Scholar in Sri Lanka. From 2010-2011, she co-founded and served as instructor for the Yale Visual Law Project.
B.A., Harvard College
M.Phil., Cambridge University
J.D., Yale Law School
Rebecca Wexler is teaching the following courses in Spring 2022:
Courses During Other Semesters
|Semester||Course Num||Course Title||Teaching Evaluations||Fall 2021||241 sec. 001||Evidence||Spring 2021||241 sec. 001||Evidence||View Teaching Evaluation||276.82 sec. 001||Secrecy: The Use and Abuse of Information Control in the Courts||View Teaching Evaluation|
A secret algorithm is transforming DNA evidence. This defendant could be the first to scrutinize it.
Professor Rebecca Wexler discusses a key problem with using a proprietary algorithm in the criminal legal system
Professor Rebecca Wexler says the California Supreme Court opinion in Touchstone v Facebook reflects a real skepticism of Facebook’s claims about the Stored Communications Act
Professor Rebecca Wexler discusses the issues with the current rules of evidence in criminal court, which do not account for the rise of forensic software, or for the entrance of trade secrets claims
Professor Rebecca Wexler argues that the courts’ interpretation of the Stored Communications Act has created a category of privileged communication without congressional approval or instruction
Professor Rebecca Wexler weighs in on the trade-secret and intellectual property issues related to algorithms currently in use to solve crimes
Research by professors Rebecca Wexler and Andrea Roth sparks a federal bill to help level the forensic evidence playing field.
Scholars Rebecca Wexler and Andrea Roth prompt a California congressman to introduce a federal bill that would make the algorithms more transparent to criminal defendants.
Frank Partnoy, Seth Davis, and Erik Stallman ’03 have begun teaching at the school, with Rebecca Wexler to join next year.