Mary D. Fan
Assistant Professor of Law
Office: Room 446
Phone: 202-274-4288
E-mail: mfan@wcl.american.edu
Mary Fan joined the WCL faculty in fall 2008 after serving as an Assistant U.S. Attorney in the Southern District of California and as an Associate Legal Officer to Judge O-Gon Kwon at the International Criminal Tribunal for the Former Yugoslavia, where she worked on cases involving war crimes, crimes against humanity and genocide. Her research and teaching center on U.S. and international criminal law and procedure, privacy, and immigration and border law and often draw from law and psychology and law and social anthropology.
She is a member of the Editorial Committee for the Journal of International Criminal Justice (Oxford University Press) and will be coauthor, with Antonio Cassese, Guido Acquaviva and Alex Whiting, of International Criminal Law: Cases and Commentary, under contract with Oxford University Press.
Professor Fan clerked for Judge John T. Noonan, Jr. of the U.S. Court of Appeals for the Ninth Circuit. She was a Gates Scholar at the University of Cambridge, where she studied social anthropological analysis. While at Yale Law School, she was a Notes Editor for the Yale Law Journal, a Managing Editor for the Yale Journal of International Law, a Coker Teaching Fellow for Professor Stephen L. Carter, and a recipient of the Jewell Prize and Nathan Burkan Prize for two of her publications.
Currently Teaching
Areas of Specialization
- Criminal Law & Procedure (Domestic & International)
- Privacy
- Law & Psychology
- Law & Social Anthropology
- Immigration & Border Law
Degrees & Universities
- M.Phil, University of Cambridge 2008 (Social Anthropological Analysis)
- J.D., Yale Law School 2003
- B.A., University of Arizona 2000
Selected Publications
- Mary D. Fan (with Antonio Cassese, Guido Acquaviva & Alex Whiting), International Criminal Law: Cases and Commentary (Oxford U. Press forthcoming 2010).
- Mary D. Fan, Home, Community, Property: Crimes of Displacement and the Evolution in Focus from Sovereign Interests to Victim Rights-Holder, in The Global Community YILJ (Giuliana Ziccardi Capaldo, ed., Oxford U. Press forthcoming 2009).
- Mary D. Fan, When Deterrence and Death Mitigation Fall Short: Fantasy and Fetishes as Gap-Fillers in Border Regulation, 42 L. & Socy. Rev. 701 (2008).
- Mary De Ming Fan, The Immigration-Terrorism Illusory Correlation and Heuristic Mistake, 10 Harv. Latino L. Rev. 33 (2007).
- Mary De Ming Fan, Disciplining Criminal Justice: The Peril amid the Promise of Numbers, 26 Yale L. & Policy Rev. 1 (2007).
- Mary D. Fan, Reforming the Criminal Rap Sheet: Federal Timidity and the Traditional State Functions Doctrine, 33 Am. J. Crim. L. 31 (2005).
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More Publications...
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- Mary De Ming Fan, Governing Copyright in Cyberspace: The Penalty Default Problem with State-Centric Sovereignty, 43 Jurimetrics 315 (2003).
- Mary D. Fan, Comment, Risk Magnified: Standing Under the Statist Lense, 112 Yale L.J. 1633 (2003).
- Mary De Ming Fan, Comment, The Fallacy of the Sovereign Prerogative to Set De Minimis Liability Rules for Sexual Slavery, 27 Yale J. Intl. L. 395 (2002).
- Mary Fan, Case Note, Textual Imagination, 111 Yale L.J. 1521 (2002).
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Selected Presentations- Mary D. Fan, Panelist, Millimeter Wave Imaging Technology, Privacy, and Fourth Amendment Reasonableness (Homeland Security Institute, Arlington, Va., Aug. 5, 2009).
- Mary D. Fan, Presentation, Quasi-Privacy and Redemption in a World of Ubiquitous Checking-Up (GWU-Berkeley Law School Privacy Law Scholars Conference, Berkeley, Cal., June 5, 2009).
- Mary D. Fan, Presentation, The Quantum of Rights in Crime and War and the Cognition and Intuition of Citizenship (Law & Society Conference, Denver, Colo., May 29, 2009).
- Mary D. Fan, Presentation, Affective and Formal Citizenship and the Quantum of Rights in Crime and War (University of Oregon/Wayne Morse Center for Law & Politics Contested Citizenships Conference, Eugene, Or., May 8, 2009).
- Mary D. Fan, Moderator, Current Status of “Comfort Women” and Abuses Committed Against Women During Armed Conflict (Founder's Series Conference, American University Washington College of Law, Wash., D.C., Apr. 9, 2009).
- Mary D. Fan, Panelist, Drug Law Reform (American University Washington College of Law-ACLU, Wash., D.C., Oct. 13, 2008).
- Mary D. Fan, Presentation, Prevention-through-Deterrence and Death Mitigation: Border Law’s Symbolic Order and Its Symptoms (Law & Society Conference, Montreal, Cal., May 30, 2008).
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Selected Media Appearances- FOX News, "Roman Polanski Extradition" (FOX News Network, LLC. Sept. 29, 2009) (Interview).
