Kevin Bennardo

Visiting Associate Clinical Professor
Adjunct Professor, IU Robert H. McKinney School of Law

Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 210C
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 278-8574
Fax: (317) 274-8565
E-Mail: kbennard@iupui.edu

Education

B.A. (magna cum laude), 2003, Miami University (Ohio)
J.D. (summa cum laude, Order of the Coif), 2007, Ohio State University Moritz College of Law

Courses

legal analysis and communication

Bio

Following law school, Professor Bennardo clerked for the Honorable Milton I. Shadur of the U.S. District Court for the Northern District of Illinois and practiced intellectual property litigation with the firm of Sidley Austin LLP in Chicago.  He then moved to Micronesia where he served as court counsel to the Supreme Court of the Republic of Palau.  Upon returning to the States, he worked as a staff attorney for the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.

Professor Bennardo began his academic career as an adjunct professor at the University of Richmond School of Law.  Immediately preceding his current appointment, he completed a two-year teaching fellowship at the Louisiana State University Paul M. Hebert Law Center.  His recent scholarship focuses on criminal punishment and the law of sentencing.  His work has been cited by numerous courts, case books, and treatises, including opinions of the Supreme Court of South Carolina, the Supreme Court of Appeals of West Virginia, and the Utah Court of Appeals.

Publications

Law Review and Journal Articles

  • Post-Sentencing Appellate Waivers, 48 University of Michigan Journal of Law Reform __ (forthcoming 2015).
  • United States v. Erwin and the Folly of Intertwined Cooperation and Plea Agreements, 72 Washington and Lee Law Review Online __ (forthcoming 2014).
  • Incarceration's Incapacitative Shortcomings, 54 Santa Clara Law Review 1 (2014).
  • A Perspective on the Proposed Amendments to the Drug Distribution Guideline, 26 Federal Sentencing Reporter 252 (2014) (invited).
  • A Quantity-Driven Solution to Aggregate Grouping Under the U.S. Sentencing Guidelines Manual, 40 Florida State University Law Review 791 (2013).
  • Decoupling Federal Offense Guidelines from Statutory Limits on Sentencing, 78 Missouri Law Review 683 (2013).
  • Sweeping Up Guideline Floors: The Misguided Policy of Amendment 767 to the U.S. Sentencing Guidelines Manual, 60 UCLA Law Review Discourse 60 (2013).
  • A Frank Look at Appellate Waiver in the Seventh Circuit, 36 Southern Illinois University Law Journal 531 (2012).
  • The Rights and Liberties of the Palau Constitution, 12 Asian-Pacific Law & Policy Journal 1 (2011).
  • At-Issue Waiver of the Attorney-Client Privilege in Illinois: An Exception in Need of a Standard, 30 Northern Illinois University Law Review 553 (2010).
  • Of Ordinariness and Excuse: Heat-of-Passion and the Seven Deadly Sins, 36 Capital University Law Review 675 (2008).
  • The Tort of Aiding and Advising?: The Attorney Exception to Aiding and Abetting a Breach of Fiduciary Duty, 84 North Dakota Law Review 85 (2008).
  • A Defense Bar: The "Proof of Innocence" Requirement in Criminal Malpractice Claims, 5 Ohio State Journal of Criminal Law 341 (2007) (student note).
  • Don't Shoot the Speaker: Why Forfeiture Liability for Indecency Violations over Broadcast Media Cannot be Expanded to Cover the Speaker, 8 Vanderbilt Journal of Entertainment & Technology Law 515 (2006).

Presentations

  • "Post-Sentencing Appellate Waivers," presented at the Teaching Fellows Workshop at the Louisiana State University Paul M. Hebert Law Center, Baton Rouge, Louisiana, September 2013.
  • "A Quantity-Driven Solution to Aggregate Grouping Under the U.S. Sentencing Guidelines Manual," presented at the Teaching Fellows Workshop at the Louisiana State University Paul M. Hebert Law Center, Baton Rouge, Louisiana, March 2013.
  • "A Quantity-Driven Solution to Aggregate Grouping Under the U.S. Sentencing Guidelines Manual," presented as a roundtable participant at the ABA Criminal Justice Section & AALS Section on Criminal Justice's Joint Legal Educators Colloquium, Washington, D.C., October 2012.
  • "A Quantity-Driven Solution to Aggregate Grouping Under the U.S. Sentencing Guidelines Manual," presented at the Southeastern Law Scholars Conference at the Charleston School of Law, Charleston, South Carolina, September 2012.