Headshot of Erin Fitzgerald

Erin Fitzgerald

Assistant Professor of Law

Department: Elon University School of Law

Office and address: Elon University School of Law 2005 Campus Box Greensboro, NC 27401

Brief Biography

Before joining Elon Law, Professor Fitzgerald served as a Faculty Fellow at New England Law | Boston, where she taught Criminal Law, Incarceration & the Law, Torts, and Insurance Law. Professor Fitzgerald’s current scholarship centers on the intersection of the criminal justice system and juvenile law, with a particular focus on juvenile justice reform.

Following law school, she was a law clerk, first with the New Hampshire Superior Court and then to the Honorable Carol Ann Conboy of the New Hampshire Supreme Court. After her clerkships, she served as an Assistant County Attorney in New Hampshire, focusing on sexual assault and domestic violence cases. Professor Fitzgerald also served as an Assistant Attorney General and Deputy Chief of the Homicide Unit in the Criminal Justice Bureau of the New Hampshire Attorney General’s Office.

Professor Fitzgerald was Chair of the Board of Directors of the New Hampshire Women’s Bar Association, an organization dedicated to promoting the advancement of women in the legal community. She also served as an instructor for the Law Division of Sponsors for Educational Opportunity, a non-profit organization dedicated to providing supplemental support to law students from underrepresented communities.

Professor Fitzgerald earned a B.A. in psychology and criminal justice from Stonehill College, and a J.D. from New England Law | Boston where she served as an Executive Comment & Note Editor of the New England Law Review.

    Education

    J.D., New England Law | Boston

    B.A., Stonehill College

    Courses Taught

    Evidence

    Criminal Law

    Juvenile Justice

    Incarceration & the Law

    Torts

    Insurance Law

    Publications

    Calling on Congress: Use the Spending Clause to Keep Juveniles in Juvenile Court, 52 Pepp. L. Rev. 241 (2025).

    Put the Juvenile Back in Juvenile Court, 68 Vill. L. Rev. 367 (2023).

    No Place for Strict Katz in New Hampshire’s Right of Privacy, 56 New Eng. L. Rev. F. 6 (2022).

    Importance of NH’s Right of Privacy in the Wake of Dobbs, Concord Monitor (July 24, 2022).

    Lawmakers Were Right to Delay Funding for State-Owned Drones, N.H. Bull. (Apr. 27, 2022) (with Lawrence Friedman).

    Capitol Riots Denialism May Benefit Victims of Sexual Assault, N.H. Bar News (Sept. 15, 2021).

    Jury Selection: Is it Time for a More Protective Approach?, N.H. Bar News (June 16, 2021).

    Note, The Fashion Police: Criminalizing the Knowing Purchase of Trademark Counterfeit Fashion Items, 47 New Eng. L. Rev. 127 (2012).

    Presentations

    Presenter, Criminal Law, Criminal Procedure, and the Legacies of Slavery, SEALS Annual Conference, July 22, 2024.

    Panelist, Aspiring Law Teacherts Workshop: What's in a Job Talk?, SEALS Annual Conference, July 22, 2024.

    Moderator, Technology & Science in the Law, CrimFest! Conference, July 16, 2024.

    Presenter, Juveniles, CrimFest! Conference, July 15, 2024.

    Presenter, CrimWIP Summer Series, July 1, 2024.

    Panelist, Is the New Hampshire Constitution Unique?, New Hampshire CLE, November 10, 2021.

    Moderator, New England Law Review Fall Symposium, Prisoners of Politics: Breaking the Cycle of Mass Incarceration, November 10, 2021.

    Presenter, The Eighth Amendment – Sentencing Juvenile Offenders, Plymouth State University, 2018.