Jay S. Silver

Jay Sterling Silver

Professor of Law

Email: jsilver@stu.edu

Phone: 305.623.2318


St. Thomas University School of Law
Faculty Suite (209)
16401 NW 37th Ave
Miami Gardens, FL 33054


B.A., Washington University
J.D., Vanderbilt University School of Law
LL.M., University of Pennsylvania School of Law


Criminal Law

Jay Sterling Silver

Jay Sterling Silver teaches Criminal Law, Juvenile Law, Torts, and a seminar on “Moral Dilemmas in the Practice of Law.” His scholarship has appeared in the Vanderbilt, Iowa, Wisconsin, William and Mary, Ohio State, UCLA, Texas A&M, and Rutgers law reviews, and his commentary has appeared in The New York Times, The Washington Post, The National Law Journal, The Guardian, CNBC, The Christian Science Monitor, The Hill, The Chronicle of Higher Education, and other national and local media, has been discussed on C-Span, cited on MSNBC, reprinted in The International Herald Tribune, Madrid’s El Pais, The Buenos Aires Herald, and The Quatar Tribune, and assigned reading in courses at, among others, NYU’s Stern School of Business, Vanderbilt Law School, and American University’s Washington College of Law.

Professor Silver is the Director of the Criminal Litigation Certificate Program, served as Associate Dean from the 1994-95 school year through 2001-02, as Vice Dean in 2002-03, and as Special Counsel to the University President in 2003-04. Prior to teaching, he worked as a legal services staff attorney in a coal-mining region at the foothills of the Appalachian Mountains and as a public defender in Pittsburgh.

Scholarship & Research


Books and Book Chapters:

  • Jay S. Silver, Legal Intent and the Human Mind (forthcoming, Cambridge University Press).


  • Jay Silver, Intent Reconceived, 101 Iowa L. Rev. 371 (2015). HeinOnline
  • Jay Silver, Responsible Solutions: Reply to Tamanaha and Campos, 2 Tex. A&L. Rev. 215 (2015). HeinOnline
  • Jay Silver, Pedagogically Sound Cuts, Tighter (Not Looser) Accreditation Standards, and a Well-Oiled Doomsday Machine: The Responsible Way Out of the Crisis in Legal Education, 66 Rutgers L. Rev. 353 (2014). HeinOnline
  • Jay Silver, The Case Against Tamanaha’s Motel 6 Model of Legal Education, 60 UCLA L. Rev. Discourse 50 (2012).
  • Jay Silver, Professionalism and the Hidden Assault on the Adversarial Process, 55 Ohio St. L.J. 855 (1994). HeinOnline
  • Jay Silver, Truth, Justice, and the American Way: The Case Against the Client Perjury Rules, 47 Vand. L. Rev. 339 (1994). HeinOnline
  • Jay Silver, Equality of Arms and the Adversarial Process: A New Constitutional Right, 1990 Wis. L. Rev. 1007 (1990). HeinOnline
  • Jay Silver, The Duty to Rescue: A Reexamination and Proposal, 26 Wm. & Mary L. Rev. 423 (1985) Reprinted at 42 Revista de Doutrina e Jurisprudência 86. HeinOnline

Additional Publications:

  • Jay Silver, Week-long FBI investigation likely a Pyrrhic victory, The Hill (Oct. 3, 2018), available at: The Hill
  • Jay Silver, The Contamination of Student Assessment, Inside Higher Ed (Aug. 9, 2018), available at: Inside Higher Ed
  • Jay Silver, Trump Is Close to Being Right on the Attorney-Client Privilege—But for All the Wrong Reasons, The National Law Journal (Apr. 23, 2018), available at: The National Law Journal
  • Jay Silver, Trump’s lawyer Michael Cohen faces the real price of client loyalty, CNBC (Apr. 11. 2018), available at: CNBC;
  • Jay Silver, The ‘Serious Illogic’ in the Arguments Against Gun Control, CNBC (Feb. 22, 2018), available at: CNBC; reprinted at Yahoo! Finance
  • Jay Silver, When a Lesson on Historical Oppression Takes an Ugly Turn, The Hill (June 19, 2017), available at: The Hill
  • Jay Silver, Brokered Conventions and the Paradox of Trump as a Symbol of Democracy, St. Thomas Lawyer 14 (2016), available at: The St. Thomas Lawyer Magazine
  • Jay Silver, Another Argument Against Laptops in the Classroom, Inside Higher Ed (Aug. 19, 2016), available at: Inside Higher Ed
  • Jay Silver, Law Schools’ Shell Game of Minority Enrollment, National Law Journal (2015), abstract reprinted in The Year in Opinion: Minority Enrollment Games, National Law Journal (2015).
  • Jay Silver, Comment, This ‘Extra Credit’ Question Does No Credit to Fairness, The Chronicle of Higher Education (2015).
  • Jay Silver, Comment, The Only People Who Need to Fear an Affirmative Consent Standard for Rape Are Rapists, The Guardian (2015).
  • Jay Silver, Comment, Voluntary Station-House Confession as Oxymoron, St. Thomas Lawyer 20 (2015).
  • Jay Silver, Taking Snowden’s Christmas Message Seriously, The Huffington Post (2014).
  • Jay Silver, Fixing the Conflict of Interest at the Core of Police Brutality Cases, The Washington Post (2014), reprinted in Dallas Morning News, Louisville Courier-Journal, Richmond Times-Dispatch, and Buenos Aries Herald.
  • Jay Silver, U. of I. Did Right, But Maybe for Wrong Reasons, The Chicago Sun-Times (2014).
  • Jay Silver, Top 10 Ironies in the Case Against Snowden, The Huffington Post (2013).
  • Jay Silver, Posturing in the U.S. v. Snowden, The Huffington Post (2013).
  • Jay Silver, On the Hearing to Put Jodi Arias to Death, The Huffington Post (2013).
  • Jay Silver, Making Sense of Incognito’s Bullying, Tikkun Daily (2013).
  • Jay Silver, On the Importance of Subtle Distinctions: A Short Exercise in Close Reading and Critical Thinking, L. Tchr (2013).
  • Jay Silver, Rethinking Success: Justice Fred Lewis’ Remarks at the 25th Anniversary Celebration of the St. Thomas Law Review, 25 St. Thomas L. Rev. 291 (2013).
  • Jay Silver, Todd Akin’s Remarks: The Broader Meaning, The Huffington Post (2012), originally appearing in Huffington Magazine (2012).
  • Jay Silver, Trayvon Martin’s Killing and the Arrest No One Understands, National Law Journal (2012).
  • Jay Silver, The Flawed Past and Perilous Future of Political Conventions, The Detroit News (2012), reprinted in The Huffington Post, For Convention Junkies: The Flawed Past and Perilous Future, (2012).
  • Jay Silver, Brutality On Field and Off Seems Linked, San Francisco Chronicle (2012).
  • Jay Silver, Can the Law Make Us Be Decent?, The New York Times (2012), reprinted in The International Herald Tribune (2012).
  • Jay Silver, Scott Brown’s Racial Stereotyping of Elizabeth Warren, Tikkun Daily (2012).
  • Jay Silver, Sandy Hook Exposes the Logic Gap In Opposition to Gun Control, Christian Science Monitor (2012), highlighted on Google News.
  • Jay Silver, Drew Peterson’s Case: The Lesson for Both Sides, National Law Journal (2012).
  • Jay Silver, Todd Akin’s Remarks: The Broader Meaning, The Huffington Post (2012).
  • Jay Silver, Raising the Consciousness of Lawmakers Instead of Our Children’s Pants, The Huffington Post (2012).
  • Jay Silver, Our Hubris Over American Criminal Justice, The Huffington Post (2012).
  • Jay Silver, The Indignities of Public Defending, National Law Journal (2012).
  • Jay Silver, On the Appropriate Breadth of Coverage, 19 L. Tchr 24 (2012).
  • Jay Silver, Trayvon Martin’s Killing and Probable Cause, National Law Journal (2012), cited on MSNBC.
  • Jay Silver, Blaming the Jews: Old Wine in a New Bottle, Tikkun Daily (2012).
  • Criminal Law
  • Moral Dillemas Seminar
  • Torts