Mary D. Fan

  • Jack R. MacDonald Endowed Chair

Contact

Phone: (206) 685-4971
Email: mdfan@uw.edu

Education

J.D. 2003, Yale Law School Ph.D. Candidate (2017), Epidemiology, University of Washington M.Phil. 2008, University of Cambridge B.A., magna cum laude, 2000, University of Arizona

Curriculum Vitae

Areas of Expertise

Criminal Law and Procedure — Evidence — Immigration and Refugee Law — Police and Law Enforcement — Privacy — Prosecution and Prosecutorial Ethics

Recent Courses

Course Number Course Name
LAW A 505 Criminal Law
LAW B 503 Evidence
LAW B 515 Criminal Procedure: Investigation

Professor Mary D. Fan's expertise includes criminal law and procedure, evidence, information privacy, and crimmigration.  She is the author of numerous articles in leading law reviews and a recent book Camera Power: Proof, Policing, Privacy, and Audiovisual Big Data, published by Cambridge University Press. Her research and teaching are informed by her experiences as a federal prosecutor in the Southern District of California and as an associate legal officer at a United Nations criminal tribunal. Her scholarship has been cited by judges, including U.S. Supreme Court Justice Sonia Sotomayor, and in major media venues.

Among Professor Fan’s most cherished honors is that the student body has three times voted to award her Professor of the Year. She also has been nominated for the university-wide Distinguished Teaching Award. She also received the Dean's Medal for excellence in teaching, scholarship and service twice and also received the Washington Law Review’s Richard O. Kummert Outstanding Contribution Award.

Professor Fan was the Herman Phleger Visiting Professor at Stanford Law School in winter 2022, where she taught first-year criminal law. She was a Visiting Scientist at the Harvard School of Public Health in 2017-18. Professor Fan is an elected member of the American Law Institute (ALI) and an elected Life Fellow of the American Bar Association (ABA). She also serves on the Board of Directors for the American Civil Liberties Union (ACLU)-Washington.

Trained in epidemiology and anthropology as well as law, Professor Fan collaborates on interdisciplinary violence prevention research as a core faculty member at Harborview Medical Center's Injury Prevention & Research Center. She also is an affiliate faculty member at the Center for an Informed Public, an interdisciplinary collaboration on the integrity of information at the University of Washington.

Mary Fan clerked for the Hon. John T. Noonan, Jr. of the U.S. Court of Appeals for the Ninth Circuit and for Judge O-Gon Kwon at the first war crimes tribunal since the World War II era. She received her J.D. from Yale Law School and her M.Phil. from the University of Cambridge, where she was a Gates Cambridge Scholar. At Yale, she was a Notes Editor for the Yale Law Journal, a Managing Editor for the Yale Journal of International Law, and a Coker Teaching Fellow. She was awarded the Jewell Prize and the Nathan Burkan Prize for her publications.

Peer Reviewed Journals & Law Reviews


Books or Treatises


Book Chapters


News Media


Other Publications


  • Speaker, "Immigration Law in Federal Court: Past, Present and Future," 2026 Ninth Circuit Judicial Conference, (July 22, 2026)
  • Speaker, "Biometrics and Location Information," Search and Seizure Warrants in the Digital Age, Magistrate Judges Education Conference, Federal Judicial Center (May 5, 2026)
  • Speaker, "Recent Developments," Search and Surveillance Warrants in the Digital Era, Magistrate Judges Education Conference, Federal Judicial Center (May 5, 2026)
  • Moderator, "Decarceral Evidence Panel," Evidence Section Program, AALS Annual Meeting (January 7, 2026)
  • Panelist, "Defunding Science," New Books in Law & Social Sciences Panel, Law & Social Sciences Program, AALS Annual Meeting (January 7, 2026)
  • Panelist, "Digital Evidence Panel," Appellate Judges Education Institute (AJEI) Summit, (November 15, 2025)
  • Panelist, "Future Evolutions of the Fourth Amendment Panel," Allen L. Poucher Lecture, Florida Law Review, University of Florida School of Law (October 24, 2025)
  • Speaker, Faculty Colloquium, AI-Enhanced Evidence UCLA School of Law (September 3, 2025)
  • Speaker, Tech and Surveillance Workshop, UCLA Institute for Technology, Law, and Policy (September 3, 2025)
  • Speaker, "AI-Enhanced Evidence," Evidence Summer Workshop, Vanderbilt School of Law (May 6, 2025)
  • Speaker, "Justice on Video Workshop," University of Colorado Visual Evidence Lab (April 25, 2025)
  • Speaker, "Firearms Prohibition, Relinquishment, and Compliance," Washington State Courts Judicial Training Series, (April 18, 2025)
  • Speaker, "Firearms Prohibition, Relinquishment, and Compliance," Washington State Courts Judicial Training Series, (April 11, 2025)
  • Speaker, Mass Data Searches and the Constitution University of Pennsylvania Journal of Constitutional Law Symposium, University of Pennsylvania School of Law (January 31, 2025)
  • Panelist, Plural Publishing Personas Law & Anthropology Section Panel, American Association of Law Schools (AALS) Annual Meeting (January 11, 2025)
  • Conspiracy Trial Will Test Trump’s Aggressive Tactics Against Protesters
    May 17, 2026 | Source: New York Times

    Federal prosecutors will try to make the case this week that three activists who protested immigration enforcement last summer crossed the line from political dissent into criminal conspiracy — a legal theory that prompted the top federal prosecutor in Eastern Washington to resign rather than sign off on the charges. Mary Fan, professor of law at the UW, is quoted.

  • Washington banned masked law enforcement. ICE agents are still covering their faces — can anyone enforce them?
    Apr 02, 2026 | Source: KING

    Just two weeks after Gov. Bob Ferguson signed a law banning face masks for law enforcement, a photo from Burien appears to show masked federal agents continuing arrests, raising questions about whether the law has any real enforcement. Mary Fan, professor of law at the UW, is quoted.

  • WA experts explain legal limits on ICE, Border Patrol officers’ power (Professors Fan and Porter quoted)
    Jan 28, 2026 | Source:

    An immigration officer’s fatal shooting of intensive care nurse Alex Pretti in Minneapolis Saturday has intensified questions about legal limits to federal agents’ authority. Washington Gov. Bob Ferguson and state Attorney General Nick Brown joined others this week in declaring the actions of immigration officials, in Minneapolis and elsewhere, unconstitutional. Mary Fan and Elizabeth Porter, professors of law at the UW, are quoted.

  • Tim Walz, Jacob Frey reportedly under investigation by DOJ (Professor Fan quoted)
    Jan 16, 2026 | Source: Minneapolis Star Tribune

    The Justice Department is investigating whether Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey have impeded federal immigration enforcement through public statements they have made, two people familiar with the matter told the Associated Press. Mary Fan, professor of law at the UW, is quoted.

  • US DOJ launches probe into Fed chair Powell (Professor Fan quoted)
    Jan 13, 2026 | Source: BBC

    The U.S. Department of Justice has launched a criminal investigation into Federal Reserve chairman Jerome Powell. Mary Fan, professor of law at the UW, is quoted.

  • Why Plea Deals Don’t Always Bring Closure (Professor Fan quoted)
    Dec 17, 2025 | Source: A&E

    University of Washington School of Law professor Mary Fan tells A&E Crime + Investigation it’s common for victims’ loved ones to feel they’ve been denied the sense of validation, accountability and transparency a full trial might have provided.

  • Those arrested at Portland ICE protests recount disparate, confusing treatment by federal officers (Professor Fan quoted)
    Dec 03, 2025 | Source: OPB

    OPB interviewed more than a dozen people who were arrested at the Portland ICE protests between June and October. What they described was an apparent lack of standard operating procedures as various federal law enforcement agencies cycled through the facility. Mary Fan, professor of law at the UW, is quoted.

  • Teacher Accused of Using AI to Create Child Porn Makes Stunning Decision (Professor Fan interviewed_
    Nov 27, 2025 | Source: Law&Crime Sidebar

    "Law&Crime’s Jesse Weber breaks down the horrifying evidence and the teacher's last-minute plea with former federal prosecutor and law professor Mary Fan."

  • Here's why prosecutors didn't require a full confession from Bryan Kohberger (Professor Fan quoted)
    Jul 24, 2025 | Source: Associated Press

    The plea deal that spared Kohberger’s life required him to admit the elements of the crimes he committed, but it didn’t force him to provide a narrative or say why he did it. That has raised questions about whether prosecutors could have or should have insisted on a full confession — including motive — as a condition of the deal. Mary Fan, professor of law at the UW, is quoted.

  • Podcast: Professor Fan talks to Law&Crime Sidebar
    Jul 04, 2025 | Source: Law&Crime Sidebar Podcast

    Professor Mary Fan spoke with the Law&Crime Sidebar podcast to talk about AI used to create exploitative content with images of real people.

  • Judge orders venue change for Bryan Kohberger trial (Professor Fan quoted)
    Sep 09, 2024 | Source: NBC10 Philadelphia

    “Paramount is the concern for the right to a fair trial by jury, by an impartial jury,” said Mary D. Fan, a criminal law professor at the University of Washington. Often, victims' family members will want to attend every day of a trial as a way to signal support for the victim, or because they want to see for themselves if justice is being done. Prosecutors often consult with survivors and victims' families, and may give their concerns heavy consideration when crafting arguments against moving a trial, Fan said. “There are a number of potential adverse impacts, depending on where the change of venue occurs. Certainly it may be more of an inconvenience to witnesses, to family members who might want to attend every day of the trial,” said Fan.

  • FOX13 Investigates when TBI releases videos when law enforcement kills or injures someone (Professor Mary Fan quoted)
    Aug 21, 2023 | Source: FOX 13 Memphis

    “Law enforcement officers have discretion in the sense that they hold the video (and) they control whether or not there is an ongoing investigation,” said Mary Fan, a law professor at the University of Washington School of Law and an expert on police body camera policies across the country.

  • Trump, 18 others charged under Georgia’s RICO Act. Here’s what that means (Professor Mary Fan quoted)
    Aug 15, 2023 | Source: Global News (Canada)

    “RICO laws punish more severely the participation in a criminal enterprise to commit a series of crimes, recognizing the greater harms posed by a group of people acting with the purpose of committing multiple crimes,” Mary Fan, a law professor at the University of Washington, explained in an email.

  • Seattle Residents Had Mail Stopped Because of Rising Crime
    May 16, 2023 | Source: Newsweek

    Mary Fan, a criminal justice expert and professor at the University of Washington School of Law, told Newsweek via phone that in a number of major U.S. cities, there was a regression back to the mean compared to the time during the pandemic.

  • Man charged in murder of Leticia Martinez-Cosman (Professor Fan quoted)
    Apr 24, 2023 | Source: KIRO

    Prosecutors have filed charges for the murder of Leticia Martinez-Cosman, who was killed after attending a Mariners game in March. Mary Fan, professor of law at the UW, is interviewed.

  • Philadelphia City Council candidate floats drone policing program (Prof. Mary Fan quoted)
    Mar 15, 2023 | Source: Axios Philadelphia

    A proposal for Philadelphia Police to use drones as a crime-fighting tool could face opposition from privacy advocates who view it as an intrusion unlikely to reduce street violence. Mary Fan, professor of law at the UW, is quoted.

  • New Mexico seeks limits on release of police body-cam video (Professor Mary Fan quoted)
    Mar 10, 2023 | Source: Associated Press

    New Mexico’s House of Representatives has endorsed new limitations on public access to police body-camera video when it captures images of nudity, violence, injury or death. The 46-19 vote Thursday sent the bill to the Senate for consideration. Proponents of the initiative include the New Mexico State Police and associations representing county and municipal governments, including sheriffs’ departments. Mary Fan, professor of law at the UW, is quoted.

  • These companies say they can recover stolen crypto—that rarely happens (Professor Mary Fan quoted)
    Feb 23, 2023 | Source: Forbes

    Pig butchering, as it’s known, is a new type of online con perpetrated by overseas scammers who “fatten” up victims – making them believe they have made boatloads of money in cryptocurrency often using manipulated apps and websites – before absconding with all their money. Experts say billions of dollars are lost to this type of pernicious scheme each year. The hard truth is that recovering money lost to crypto scams is extremely rare, even when law enforcement does take up a case. But in recent years, a nascent industry has cropped up, offering services that promise to do just that. Mary Fan, professor of law at the UW, is quoted.

  • Tyre Nichols: How releasing body-cam video of police brutality became a national event (Professor Mary D. Fan quoted)
    Jan 28, 2023 | Source: Washington Post

    The message from those who had seen the video of Memphis police officers beating a 29-year-old Black man was both clear and chilling: It would be heartbreaking to watch what happened to Tyre Nichols. Anticipation for the release of the video on Friday, which showed the Jan. 7 violence against Nichols three days before he would die, brought headlines about violence and another nationwide reflection on American policing and the use of body-cam footage to prevent fatal police encounters. Mary Fan, professor of law at the UW, is quoted.

  • Who are body cameras really for? (Featuring Professor Mary D. Fan)
    Jan 13, 2023 | Source: Why Don't We Know (podcast)

    "This episode of Why Don’t We Know was done in collaboration with the Spencer Education fellowship at Columbia University, where host Sara Ganim was a fellow for the 2021-2022 academic year. Additionally, a companion piece ran in USA Today, elaborating on specific cases, with insight from other experts, lawyers and students who have been presented with these agreements."

  • Idaho student killings: Tech advancements cause unraveling of mystery (Professor Mary Fan)
    Jan 08, 2023 | Source: USA Today

    Security cameras. Internet video streams. Cellphone towers. In the days after four college students were stabbed to death in their Moscow, Idaho, rental home in the early hours of Nov. 13, police traced the digital footprint of the victims and the man accused of killing them in exhaustive detail. Mary Fan, professor of law at the UW, is quoted.

  • The white sedan: How police found suspect in Idaho slayings (Professor Mary Fan)
    Jan 05, 2023 | Source: Associated Press

    The white sedan cruised past the gray, three-story rental home on a dead-end street in Moscow, Idaho. Then again. And again. It was unusual behavior in the residential, hillside neighborhood in the quiet hours before dawn. And according to a police affidavit released Thursday, surveillance videos showing the vehicle that November night were key to unraveling the gruesome mystery of who killed four University of Idaho students inside the house. Mary Fan, professor of law at the UW, is quoted.

  • Federal court reaffirms First Amendment right to film police (Prof. Mary Fan interviewed)
    Jul 31, 2022 | Source: The San Diego Union-Tribune

    Mary D. Fan is a former federal prosecutor in the Southern District of California, current law professor at the University of Washington School of Law, and author of “Camera Power: Proof, Policing, Privacy, and Audiovisual Big Data.” She discusses this recent court ruling and how widely accessible recording is shifting the relationship between the public and the police

  • Race must be considered in determining legality of police stops and seizures, WA state Supreme Court rules (Prof. Mary Fan quoted)
    Jun 10, 2022 | Source: Seattle Times

    The Washington state Supreme Court on Thursday ruled that a person’s race, and law enforcement’s long history of discrimination against people of color, should be taken into account when determining the legality of police seizures. Mary Fan, professor of law at the UW, is quoted.

  • 2 more charges filed against Ethan Nordean before Jan. 6 hearings (Prof. Mary Fan interviewed)
    Jun 09, 2022 | Source: King 5

    Days before Congress began its committee hearings into the Jan. 6 Capitol attack, the Justice Department announced a superseding indictment in the case of five members of the Proud Boys group, including Ethan Nordean of Auburn. Mary Fan, professor of law at the UW, is interviewed.

  • Pierce Co. council candidate shoots at suspected car thief (Prof. Mary Fan comments)
    Jun 02, 2022 | Source: KIRO 7

    Mary Fan, professor of law at the UW, comments on the plausibility of a claim of self defense in the case involving a Pierce County council candidate.

  • Video Evidence Played Key Role in Arbery Murder Trial (Prof. Mary Fan quoted)
    Nov 24, 2021 | Source: The New York Times

    “We lawyers, we don’t have a lock on the story anymore,” said Mary Fan, a professor of law at the University of Washington and a former prosecutor. “It doesn’t matter how dramatically I do my openings or closing or how my witnesses tell their accounts, because the jury is going to look at the visual evidence and my words are just going to be words. I can never match the drama of a video.”

  • Kyle Rittenhouse’s Homicide Trial Will Be a Debate Over Self-Defense (Prof. Mary Fan quoted)
    Oct 31, 2021 | Source: The New York Times

    Mary D. M. Fan, a law professor at the University of Washington, said that while the trial would focus on the definition of self-defense, it would also be about the Second Amendment, race, politics and the role of free speech.

  • Before Kyle Rittenhouse’s Murder Trial, a Debate Over Terms Like ‘Victim’ (Prof. Mary Fan quoted)
    Oct 27, 2021 | Source: The New York Times

    A judge’s decision that the word “victim” generally could not be used in court to refer to the people shot by Kyle Rittenhouse after protests in Kenosha, Wis., last year drew widespread attention and outrage this week. But legal experts say that determining who should be considered a victim — in a case that hinges on Mr. Rittenhouse’s assertion of self-defense — is at the center of what jurors must decide in his trial, expected to begin next week. Mary Fan, professor of law at the UW, is quoted.

  • Homicides in Washington increased by 46% in 2020, new statewide data shows (Prof. Mary Fan quoted)
    Sep 29, 2021 | Source: The Seattle Times

    While homicides committed across the United States spiked by nearly 30% last year according to FBI data released this week, the surge wasn’t quite as pronounced in Washington, which saw a 21% increase in killings amid the pandemic. Mary Fan, professor of law at the UW, is quoted.

  • Judge dismisses charge, warns he could dismiss more cases from Utah police dept. (Prof. Mary Fan quoted)
    Sep 09, 2021 | Source: Fox 13 (Salt Lake City)

    “Utah, in this case, is part of a trend across the country of judges trying to address concerns that video is missing,” said Mary Fan, a law professor at the University of Washington who has written a book on police cameras.

  • Video still withheld after Lonoke County deputy’s fatal shooting of teen (Prof. Mary Fan quoted)
    Aug 01, 2021 | Source: Arkansas Democrat Gazette

    Fan said the answer to this issue is not something for an expert to decide; it's something for communities to decide. What the public wants will look different across the county and should be democratically decided.