Texas Tech University

Dustin Benham

Professor of Law

Email: dustin.benham@ttu.edu

Phone: (806) 834-2880

Professor Benham is a law teacher who devotes his time to improving the civil-litigation system.  He teaches and studies civil procedure, evidence, and advocacy.  In 2017, 2016, and 2014, Professor Benham was honored with the law school's Best Advanced Professor Award, an award bestowed by vote of the student body. In 2015, Texas Tech University honored him with the President's Excellence in Teaching Award. In previous years, he was also awarded the Texas Tech Student Bar Association's Best Upper-Level Professor Award, and the Texas Tech Hispanic Law Students Association Best Professor Award.

In 2016, Professor Benham was elected to the Texas Tech University Teaching Academy.  Professor Benham also currently serves on the Executive Committee of the Association of American Law Schools' section on Teaching Methods.

Professor Benham's courses include Evidence, Discovery, Trial Advocacy, and Professional Responsibility.  He teaches all of these courses by synthesizing applicable legal doctrine with skills that students can use to hit the ground running in practice.

Over the years, he has also taught Appellate Advocacy and Procedure, Post-Trial Procedure, Supreme Court Advocacy, Criminal Law, Legal Practice, and Texas Trial and Appellate Procedure.

Professor Benham's research interests mirror his teaching interests.  Recently, his scholarship has taken an in-depth look at the costs and benefits of court confidentiality orders and agreements.  Professor Benham's articles, published in law journals around the country, have examined the line between helpful and dangerous court confidentiality.  Beyond journal articles, Professor Benham's opinions on the topic have also been featured in newspapers and other mainstream media.

Before he was a teacher, Professor Benham was a practicing lawyer, representing large and small clients in trial and appellate courts around the country.

Professor Benham is licensed to practice in Texas and is also admitted to practice before the United States District Court for the Northern District of Texas.

Photo Description

Education

  • B.A., Texas Tech University
  • J.D., Baylor University

Courses

  • Professional Responsibility
  • Evidence
  • Trial Advocacy

Selected Publications

Books

Evidence Law and Practice (7th Ed. Carolina Academic Press forthcoming 2018) (with Bergman and Friedland).

Law Review Articles

Tangled Incentives: Proportionality and The Market for Reputation Harm, 90 Temple L. Rev. ___ (forthcoming).

Discovery Sharing in Texas: Litigant Confidentiality v. Litigation Costs, 67 Baylor L. Rev. 622 (2015).

Proportionality, Pretrial Confidentiality, and Discovery Sharing, 71 Wash. & Lee L. Rev. 2181 (2014).

Dirty Secrets: The First Amendment in Protective-Order Litigation, 35 Cardozo L. Rev. 1781 (2014).

Beyond Congress's Reach: Constitutional Aspects of Inherent Power, 43 Seton Hall L. Rev. 75 (2013).

Twombly and Iqbal Should (Finally!) Put the Distinction Between Intrinsic and Extrinsic Fraud Out of Its Misery, 64 SMU L. Rev. 649 (2011).

Essays

Letter from a Law Professor (forthcoming).

Emerging Issues in Texas Dismissal Practice: Pleading Standards and Important Miscellany, 6 Houston L. Rev. (Online) 123 (2015).