B.A., Loyola Marymount University
M.A., Fordham University
J.D., Georgetown University Law Center

Advanced Topics in Criminal Law (Seminar)
Corporations
Criminal Law
Criminal Procedure
Professional Responsibility
White Collar Crime

Professor Henning joined the Faculty in 1994 as an Associate Professor, and was promoted to Professor of Law in 2002. He graduated magna cum laude from Georgetown University Law Center in 1985, where he served as a Notes and Comments Editor on the Georgetown Law Journal.  After graduation, he taught in the College of Business Administration at Loyola Marymount University, and then clerked for Chief Judge Murray M. Schwartz of the United States District Court for the District of Delaware.  After clerking, Professor Henning was a Senior Attorney in the Division of Enforcement at the U.S. Securities & Exchange Commission until 1991, where he worked on cases involving insider trading, penny stock fraud, market manipulation, and accounting irregularities.  He then moved to the Criminal Division of the U.S. Department of Justice, where he worked in the Fraud Section on the investigation and prosecution of bank fraud.  During this time he also published articles in the Kansas Law Review, St. Louis University Law Journal, and American Criminal Law Review.

Professor Henning teaches courses in Corporations, White Collar Crime, Professional Responsibility & the Legal Profession, Criminal Law, Criminal Procedure, and Securities Litigation.  He taught previously at the high school and university undergraduate levels.  Professor Henning has received a number of teaching awards, including the President’s Award for Excellence in Teaching, whose recipients are selected from among the entire Wayne State University faculty, and the Donald H. Gordon Teaching Award that is presented by the alumni of the Law School. 

Professor Henning’s scholarship focuses primarily on white collar crime, constitutional criminal procedure, and attorney ethics.  Recent articles examining the role of federalism in the interpretation of federal criminal law were published in the Kentucky Law Journal and the Missouri Law Review.  He has also published articles on the mail fraud statute, prosecutorial misconduct, Fifth Amendment rights of witnesses before a grand jury, and defense discovery in white collar crime prosecutions.  His articles have appeared in the Boston College Law Review, Journal of Criminal Law and Criminology, Washington University Law Quarterly, South Carolina Law Review, and Nebraska Law Review.  He is a co-author of the casebook White Collar Crime: Law and Practice (2d ed. 2003), with Professor Jerold Israel, Professor Ellen Podgor, and United States District Judge Paul Borman.  Professor Henning recently became a co-author of the Criminal volumes of the late Professor Charles Alan Wright’s Federal Practice and Procedure treatise, which is among the most cited reference works in judicial opinions on issues related to federal rules and practice.

Professor Henning is an elected member of the American Law Institute, and treasurer of the American National Section of the International Association of Penal Law.  He has been quoted frequently in newspapers, including the Detroit Free Press, Detroit News, and the Wall Street Journal, and has appeared on local radio and television programs to comment on legal issues.  He speaks before local professional organizations such as the Young Entrepreneurs Organization and the Risk Managers Society, and has presented papers at conferences held at Georgia State University, the University of Buffalo, and American University.  He is a neutral arbitrator through the NASD Dispute Resolution’s arbitration program to resolve customer and broker claims involving securities

Professor Henning and his wife Karen have three daughters: Molly, Alexandra, and Grace.

http://ssrn.com/author=182574

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  View Table of Contents and Introductory Material Mastering Criminal Procedure, Volume 2 The Adjudicatory Stage (Carolina Academic Press) 2012
  
  

  Mastering Criminal Procedure, Volume 2: The Adjudicatory Stage focuses on the process of a criminal case from the filing of charges against a defendant through the pre-trial and trial stages of the prosecution, and then post-conviction proceedings. This concise guide treats the leading Supreme Court decisions along with a range of statutes and rules that govern the process by which a criminal charge is adjudicated. A number of constitutional protections apply in a prosecution, including the right to a jury trial, confrontation of witnesses, the prohibition on excessive bail, and protection from double jeopardy. A number of procedural rules come into play, including discovery rights, jurisdiction and venue, and post-conviction proceedings, including habeas corpus.

  
  Click here for more info.
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  The Prosecution and Defense of Public Corruption: The Law and Legal Strategies (Oxford)
  
  

  The Prosecution and Defense of Public Corruption: The Law and Legal Strategies is the only comprehensive analysis of public corruption prosecutions available today. It furnishes a detailed analysis of the federal statutes and leading cases related to the investigation and prosecution of public officials at the federal, state and local level, covering all facets of public conduct.

  
  Click here for more info.
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  Mastering Criminal Procedure, Volume 1 (Carolina Academic Press) 2010 coauthored with Professor Andrew Taslitz (Howard), Dean Margaret Paris (Oregon), Professor Cynthia Jones (American) and Professor Ellen Podgor (Stetson).
  
  

  From Carolina Academic Press:

  Mastering Criminal Procedure provides a concise treatment of the relevant federal constitutional doctrines that guide and constrain interactions between the police and individuals in the investigation of criminal conduct. The book provides an overview of the criminal process and the constitutional sources of the criminal procedure rules, including different approaches to constitutional interpretation.

  
  Click here for more info.
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  Criminal Law: Concepts and Practice (Carolina Press) 2008 2nd Edition co-authored with Ellen S. Podger, Andrew Taslitz, and Alfredo Garcia
  
  

  This book is a leader in providing materials that match the “skills and values” theme emphasized in the MacCrate and Carnegie Reports. The second edition still includes over 50 problems that allow the law professor to explore the practical impact of the theoretical concepts underlying criminal law. This newer edition expands this orientation with several new problems, a new case study that examines issues from Jena Six, as well as new materials that recognize recent federal sentencing guideline changes. The book retains its international and comparative notes with the addition of a problem that considers the increased influence of international matters. In keeping with the original theme of having a casebook with recent decisions, several new cases are inserted, with a few older ones removed. The authors plan to introduce with this casebook a website that will offer podcasts, syllabi, Powerpoints, and other teaching materials. In short, a text that is compact, student-friendly, flexible, both practical and theoretical, and hi-tech ­ all in one novel package, including a teachers' manual with answers to every problem.
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  Mastering Criminal Law (Carolina Press) 2008 co-authored w/Ellen S. Podger & Neil P. Cohen
  
  

  This book provides a clear and concise consideration of the fundamental structure of a crime, including statutory interpretation and sentencing. It has chapters on the typical crimes covered in most criminal law casebooks, namely homicide, rape, assault and battery, and theft. It extends the study to newer forms of crimes, such as criminal enterprises, and includes chapters on accomplice liability, solicitation, attempt and conspiracy. The book covers the traditional defenses seen in criminal law courses and also examines the concept of what is a defense. Cultural defenses and the right to present a defense are included. Many factual examples come from real-world cases. The learning tools used throughout the book provide an overview of the subject, reinforcement of basic principles, and a better understanding of criminal law principles.
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  Global Issues in Criminal Law (West Group) 2007 co-authored w/Linda Carter and Christorpher L. Blakesley
  
  

  This book provides an introduction to issues arising in international and transnational crimes, giving students a broader perspective on a developing area of the law. The book also provides faculty and students with material from domestic and international sources. It builds on a number of subjects treated in the traditional criminal law class, such as mens rea, actus reus, accomplice and conspiratorial liability, and defenses, by analyzing three subjects of current interest: transnational crimes, terrorism, and genocide.
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  Criminal Law: Concepts and Practice (Carolina Press) 2005, Teacher‘s Manual 2006 co-authored with Ellen S. Podger, Andrew Taslitz, and Alfredo Garcia
  
  

  This book is a leader in providing materials that match the “skills and values” theme emphasized in the MacCrate and Carnegie Reports. The forthcoming second edition will still include over 50 problems that allow the law professor to explore the practical impact of the theoretical concepts underlying criminal law. The new edition expands this orientation with several new problems, a new case study that examines issues from Jena Six, as well as new materials that recognize recent federal sentencing guideline changes. The book will retain its international and comparative notes with the addition of a problem that considers the increased influence of international matters. In keeping with the original theme of having a casebook with recent decisions, several new cases are inserted, with a few older ones removed. The authors plan to introduce with this casebook a website that will offer podcasts, syllabi, Powerpoints, and other teaching materials. In short, a text that is compact, student-friendly, flexible, both practical and theoretical, and hi-tech ­ all in one novel package, including a teachers' manual with answers to every problem.
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  White Collar Crime: Law and Practice (West Group, 2d Edition (American Casebook Series)) July 2003 co-authored with Jerold H. Israel, Ellen S. Podgor, and Paul D. Borman
  
  

  This book exposes students to how legal transactions involved in a single white collar crime case can require consideration of substantive criminal law, criminal procedure, administrative procedure, corporate law, evidence, civil procedure, sentencing law, and highly specialized regulatory law. It provides a unique combination of traditional materials (cases and statutes) and not-so-traditional materials (e.g., newspaper articles, forms, and practice manuals). Coverage includes traditional mail fraud, RICO (Racketeer Influenced Corrupt Organizations), and computer fraud legislation.

The Changing Atmospherics of Corporate Crime Sentencing in the Post-Sarbanes-Oxely Act Era, 3 JOURNAL OF BUSINESS & TECHNOLOGY LAW 243 (2008)

Prior Good Works in the Age of Resonableness, 20 FEDERAL SENTENCING REPORTER 187 (2008)

The DNA of White Collar Crime (Reviewing LYING, CHEATING, AND STEALING: A MORAL THEORY OF WHITE-COLLAR CRIME, by Stuart P. Green), 11 NEW CRIM. L. REV. (2008 (forthcoming).

FEDERAL PRACTICE AND PROCEDURE: CRIMINAL, Vols. 2, 2A, and 3B (2007 Annual Update) (with the late Professor Charles Alan Wright).

White Collar Crime Sentences After Booker: Was the Sentencing of Bernie Ebbers Too Harsh?, 37 MCGEORGE L. REV. 757 (2006).

Lawyers, Truth, and Honesty in Representing Clients, 20 NOTRE DAME J.L. ETHICS & PUB. POL’Y 209 (2006).

Targeting Legal Advice, 54 AM. U. L. REV. 669 (2005).

Sarbanes-Oxley Act § 307 and Corporate Counsel: Who Better to Prevent Corporate Crime?, 8 BUFF. CRIM. L. REV. 323 (2004).

Federalism and the Federal Prosecution of State and Local Corruption, 92 KY. L.J. 75 (2003).

Misguided Federalism, 68 MO. L. REV. 389 (2003).

Corruption and Related Offences in International Business Relations, American National Report for the XVII International Congress of Penal Law, 74 REVUE INTERNATIONALE DE DROIT PENAL 169 (2003).

Public Corruption: A Comparative Analysis of International Corruption Conventions and United States Law, 18 ARIZ. J. INT’L & COMP. L. 793 (2001).

Prosecutorial Misconduct in Grand Jury Investigations, 51 S.C. L. REV. 1 (1999).

Prosecutorial Misconduct and Constitutional Remedies, 77 WASH. U. L.Q. 713 (1999) (Quoted by the California Supreme Court in People v. Batts, 30 Cal.4th 660, 690 n.23, 134 Cal.Rptr.2d 67, 90 n.23 (Cal. 2003)).

Defense Discovery in White Collar Criminal Prosecutions, 15 GA. ST. U. L. REV. 601 (1999).

Finding What Was Lost: Sorting Out the Custodian’s Privilege Against Self-Incrimination from the Compelled Production of Records, 77 NEB. L. REV. 34 (1998).

Individual Liability for Conduct by Criminal Organizations in the United States, American National Report, General Part, for the XVI International Congress of Penal Law, in REVUE INTERNATIONALE DE DROIT PENAL (1998) (expanded and updated version published in 44 WAYNE L. REV. 1305 (1998)).

The Conundrum of Corporate Criminal Liability: Seeking a Consistent Approach to the Constitutional Rights of Corporations in Criminal Prosecutions, 63 TENN. L. REV. 793 (1996).

Foreword: Statutory Interpretation and the Federalization of the Criminal Law, 86 J. CRIM. L. & CRIMINOLOGY 1167 (1996).

Maybe It Should Just Be Called Federal Fraud: The Changing Nature of the Mail Fraud Statute, 36 B.C.L. REV. 435 (1995).

Precedents in a Vacuum: The Supreme Court Continues to Tinker with Double Jeopardy, 31 AM. CRIM. L. REV. 1 (1993).

Testing the Limits of Investigating and Prosecuting White Collar Crime: How Far Will the Courts Allow Prosecutors To Go?, 54 U. PITT. L. REV. 405 (1993).

Balancing the Need for Enhanced Sentences for Perjury at Trial Under Section 3C1.1 of the Sentencing Guidelines and the Defendant’s Right to Testify, 29 AM. CRIM. L. REV. 933 (1992).

Corporate Law After the Eighties: Reflections on the Relationship Between Management, Shareholders, and Stakeholders, 36 ST. LOUIS U. L.J 519 (1992).

Between Chiarella and Congress: A Guide to the Private Cause of Action for Insider Trading Under the Federal Securities Laws, 39 U. KAN. L. REV. 1 (1990).