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Primus, Eve Brensike

Professor of Law

835 Legal Research
734.615.6889
E-mail ebrensik@umich.edu
Professor Eve Brensike Primus teaches Criminal Law, Criminal Procedure, Evidence, and Habeas Corpus, and writes about structural reform in the criminal justice system. Her scholarship has been cited by the U.S. Supreme Court as well as lower appellate courts. She also has won the L. Hart Wright Award for Excellence in Teaching on more than one occasion. Before joining the Michigan Law faculty, she was an attorney in the Maryland Office of the Public Defender. In that office, Professor Primus worked both as a trial attorney and as an appellate litigator, appearing several times before the state's highest court. Professor Primus also has participated in the lawmaking process, giving legislative testimony and helping to draft proposed legislation on criminal justice issues. Professor Primus holds a BA, magna cum laude, from Brown University and a JD, summa cum laude, from Michigan Law. In law school, she was an articles editor for the Michigan Law Review, a board member for the Henry M. Campbell Moot Court Competition, and the winner of the Henry M. Bates Memorial Scholarship Award—the Law School's highest honor. Prior to law school, Professor Primus worked as a criminal investigator for the Public Defender Service in Washington, D.C. After law school, she clerked for The Hon. Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. In addition to teaching, litigating, and writing about criminal justice issues, Professor Primus also is the founder and director of the Law School's MDefenders organization—a group designed to educate and support aspiring public defenders.

Recent Publications

More Publications...


"Disentangling Ineffective Assistance of Counsel Doctrine: Four Forms of Constitutional Ineffectiveness." (Working Paper).

"Select Criminal Cases from the 2018-19 Supreme Court Term." Court Review: The Journal of the American Judges Association (Forthcoming, 2019).

Basic Criminal Procedure: Cases, Comments, and Questions. 15th ed. Yale Kamisar et al. American Casebook Series. St. Paul, Minn.: West Academic Publishing, 2019.

Modern Criminal Procedure: Cases, Comments, and Questions. 15th ed. Yale Kamisar et al., co-authors. American Casebook Series. St. Paul, Minn.: West Academic Publishing, 2019.

"Equitable Gateways: Toward Expanded Federal Habeas Corpus Review of State Court Criminal Convictions." Ariz. L. Rev. 61, no. 2 (2019): 291-323.
Full Text: HEIN (UMich users) | HEIN | Lexis | Westlaw | WWW

Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. 2019 ed. Jerold H. Israel et al., co-authors. American Casebook Series. St. Paul, Minn.: West Academic Publishing, 2019.

Advanced Criminal Procedure: Cases, Comments, and Questions. 15th ed. Yale Kamisar et al. American Casebook Series. St. Paul, Minn.: West Academic, 2019.

​"Redefining Strickland Prejudice after Weaver v. Massachusetts." J. Murray, co-author. Harv. L. Rev. Blog. (2018).
Full Text: WWW

"Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time." Am. Const. Soc'y Issue Brief (2018): 1-21.
Full Text: MLaw Repository | WWW

Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. 2018 ed. J. H. Israel et al., co-authors. American Casebook Series. St. Paul, Minn.: West Academic Publishing, 2018.

"Federal Review of State Criminal Convictions: A Structural Approach to Adequacy Doctrine." Mich. L. Rev. 116, no. 1 (2017): 75-122.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw

"Disentangling Miranda and Massiah: How to Revive the Sixth Amendment Right to Counsel as a Tool for Regulating Confession Law." B.U. L. Rev. 97, no. 3 (2017): 1085-128.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw

"Defense Counsel and Public Defense." In Reforming Criminal Justice: Pretrial and Trial Processes, edited by E. Luna, 3, 121-45. Phoenix, Ariz.: Academy for Justice, 2017.
Full Text: MLaw Repository | WWW

Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. 2017 ed. W. R. LaFave et al., co-authors. American Casebook Series. St. Paul, Minn.: West Academic Publishing, 2017.

"Culture as a Structural Problem in Indigent Defense." Minn. L. Rev. 100, no. 5 (2016): 1769-821.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | WWW | SSRN

Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. 4th ed. J.H.Israel et al., co-authors. American Casebook Series. St. Paul, Minn.: West, 2016.
Professor

Activities

Presented "Incorporating Social Science Into Your Criminal Defense Practice," Criminal Defense Attorneys of Michigan Summer Conference, July 2019.

Presented "Revisiting Strickland and Cronic: Four Different Kinds of Trial Attorney Ineffectiveness," St. John's University School of Law Faculty Workshop Series, March 2019.

Invited panelist, "Voluntariness Jurisprudence," Voluntariness Doctrine and False Confessions: Journal of Criminal Law and Criminology Symposium, Northwestern University Pritzker School of Law, February 2019.

Presented "Equitable Gateways in Federal Habeas Review," CrimFest Conference, Cardozo Law School, July 2018.

Invited panelist, "Courthouses: Over-Criminalization and the Indigent Defense Crisis," A More Human Dwelling Place: Reimagining the Racialized Architecture of America: Michigan Journal of Race & Law Symposium, University of Michigan Law School, February 2018.

Invited panelist, "Minorities, Social Justice, and Police Enforcement: An Open Discussion," University of Michigan Department of Theater and Drama, November 2017.

Presented "Defense Counsel and Public Defense," Academy for Justice Criminal Reform Conference, Arizona State University Sandra Day O'Connor College of Law, February 2017.