Rebecca Wexler’s teaching and research focus on data, technology, and secrecy in the criminal legal system, with a particular focus on evidence law, trade secret law, and data privacy. Her scholarship has appeared or is forthcoming in the Harvard Law Review, Stanford Law Review, Yale Law Journal Forum, UCLA Law Review, Texas Law Review, Vanderbilt Law Review, and Berkeley Technology Law Journal, as well as in peer-reviewed computer science publications.
Wexler’s scholarly theories have twice been proposed for codification into federal law and litigated in multiple courts, including a cert petition to the U.S. Supreme Court. Her article Privacy as Privilege received the Privacy Law Scholars’ Conference 2020 Reidenberg-Kerr Award for overall merit for a paper by an untenured faculty member, and was named a 2021 “Must Read” article by the National Association of Criminal Defense Lawyers. Her Op-Eds have appeared in The New York Times, The Los Angeles Times, The Washington Monthly, and Slate, and her work has been featured in The Washington Post and NPR, among other media venues.
Wexler is a Faculty Co-Director of the Berkeley Center for Law & Technology and a Nonresident Fellow at the Brookings Institution. Prior to attending law school, she made documentary films for national broadcast television, museums, and educational distribution.
B.A., Harvard College, summa cum laude, Phi Beta Kappa Junior Inductee
M.Phil., Cambridge University, high first distinction, Gates-Cambridge Fellow
J.D., Yale Law School, The Yale Law Journal Forum Editor
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||View Teaching Evaluation||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|
Professor Rebecca Wexler, with U Chicago Law’s Professor Aziz Huq, writes, in an era of medication abortion and remote medicine, states’ ability to clamp down on abortion access turns partly on their ability to identify who is seeking such care. Tech companies can make that harder, or easier.
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.