curriculum vitae - oberlin college · curriculum vitae ronald kahn james monroe professor of...
TRANSCRIPT
1
CURRICULUM VITAE
RONALD KAHN
James Monroe Professor of Politics and Law
Office: Home:
Department of Politics 45 King St.
Oberlin College Oberlin, OH 44074
Oberlin, OH 44074 (440) 774-1670
(440) 775-8495, 8487 Fax: (440) 774-1670
Fax: (440) 775-8898
E-Mail: [email protected]
EDUCATION
Ph.D. Political Science, December, 1973. University of Chicago, 1964-1969. Thesis topic: "Police
Accountability Politics in New York City: 1950-1970."
Fields of Concentration: Public Law and Jurisprudence, American Politics and Parties (including
Urban Politics), Political Sociology, Comparative Politics, Political Theory.
M.A. Political Science, September, 1967. Thesis topic: "The Politics of Roads: National Highway
Legislation in 1955-1956."
B.A. Political Science, June 1964. Rutgers University, New Brunswick, New Jersey.
HONORS, GRANTS, AND NATIONAL PROFESSIONAL ASSOCIATION SERVICE
2012 Oberlin College Bonner Center for Service & Learning Award for Program of the Year for Oberlin
Initiative in Electoral Politics (with Professors Eve Sandberg and Michael Parkin).
2007 Member, NEH Panel in Political Science and Jurisprudence (to evaluate requests for one-year NEH
funding).
2006-2007 Member, Committee on Teaching and Mentoring, APSA Organized Section on Law and Courts.
2006 2006 Teaching and Mentoring Award, Organized Section on Law and Courts American Political
Science Association.
2003-2004 Member, Western Political Science Association, Committee to Select Ph.D. Dissertation Award.
2003-2004 Chair, Committee on Teaching and Mentoring, APSA Organized Section on Law and Courts.
2002-2004 Chair, Professional Development Committee, Western Political Science Association.
2001 Distinguished Teacher Award, Oberlin College, The American Political Science Association, and Pi
Sigma Alpha.
2000-2001 Member, American Political Science Association, Edward S. Corwin Award Committee, to select
best doctoral dissertation in field of public law completed in 2000.
2
2000-2001 Member, APSA Organized Section on Law and Courts, C. Herman Pritchett Award Committee, to
select best book on law and courts published in 2000.
2000-2001 Grant from Oberlin College, William Perlik Student Research Assistantship, in support of project on
Social Construction in Supreme Court Decision-making.
1999-2002 American Political Science Association Delegate to the American Council of Learned
Societies.
1997-98 Director, Short Course on Courts, Law, and the New (Historical) Institutionalism, sponsored by Law
and Courts Section of APSA, September 2, 1998, Boston, MA.
1997 Named James Monroe Professor of Politics and Law, Oberlin College, June, 1997.
1995-1997 Member, Executive Committee, Organized Section on Law and Courts, American Political Science
Association.
1995-2000 Chair (1999-2001, Member, 1995-1998) Committee on Professional Development,
1995-2001 Western Political Science Association.
1995-96 Research Status Appointment, Oberlin College, for Project on Civic Republicanism,
Social Facts, and the Rights of Subordinated Groups.
1994 Grant from Oberlin College, Student Research Assistant to aid preparation of a
Bibliography on Civic Republicanism, Social Facts, and the Rights of Subordinated
Groups, Spring 1994.
1993 Grant from Oberlin College to prepare a course for the Politics Department and
Environmental Studies Program on Environmental Law, Summer, 1993.
1992 Member of Program Committee, 1992 Annual Meeting, American Political Science Association,
Chicago, IL., September 3-6, Organized Panels on Constitutional Law and Jurisprudence.
1992 Ohio Humanities Grant To Teach Mini-Course (Columbus Area Social Studies Teachers), on The
1992 Presidential Election in Ohio and the Nation: Parties, Polls and Political Change, September
19, 1992.
1992 Grant From Ohio Humanities Council to Oberlin Public Library to present: Are Individual Rights
Self-Evident?: A Series of Six Community Forums On Privacy, Equal Protection, and the First
Amendment, September 17-December 3, 1992.
1992 Oberlin College Grant to Sponsor Ford-Mellon Minority Research Scholar: Project on
the Effects of Polity Principles in Warren, Burger, and Rehnquist Court Decisions.
1991 Award from Oberlin College, Under Lilly Endowment Grant in Minority Concerns to Oberlin
College, to prepare a course on Urban Politics.
1991-1994 Member of First Editorial Board, The Law and Politics Book Review, a Publication of the Law and
Courts Organized Section, American Political Science Association.
3
1991-1995 Associate Editor for Constitutional Law and Jurisprudence, Law and Courts, Periodical of Law and
Courts Organized Section, American Political Science Association.
1990 Member, Committee on Elections, American Political Science Association.
1990-92 Editorial Board Member, The Political Science Syllabi Project, American Political
Science Association.
1990 Chair, Committee to Award Distinguished Graduate Student Paper, Law, Courts, and Judicial
Process Organized Section, American Political Science Association.
1988-90 Member, National Council, American Political Science Association.
1988-90 Member, American Political Science Association/Association of American
Colleges Task Force on the Political Science Major.
1988-89 Research Status Appointment, Oberlin College.
1988-89 Member, National Advisory Group, Sigma Xi- The Scientific Research Society
and Participant in NSF-supported Conference To Explore the Nature and Quality
of Undergraduate Education in Science, Mathematics, and Engineering, at
Wingspread, Racine, WI, January 23-26, 1989.
1989 Participant in Association of American Colleges Study and Conference on Liberal Education, and
the Arts and Sciences Major, March 5-7, 1989, Charlotte, NC.
1988 Grant, Fund for Justice and Education, American Bar Association, to participate in Conference on
Equality: The Opportunities and Limits of Law, ABA Commission on College and University
Nonprofessional Legal Studies, April 28-30, 1988, Bedford, MA.
1988 Grant, Fund for Justice and Education, American Bar Association, to participate in National
Conference on Education and Mediation, ABA Standing Committee on Dispute Resolution,
September l-4, 1988, Washington, DC.
1993-94, 90, Research Grants from Oberlin College Research and Development Committee.
84-87, 81-82,
79, 74-76
1985-89 Dana Foundation Student Research Assistant Grants from Oberlin College.
1987-90 Midwest Regional Review Panel, Harry S. Truman Scholarship Foundation.
1987 Grant, Oberlin Teachers Academy, Summer Institute, to teach course for high school teachers
entitled: A Bicentennial Celebration and Analysis of American Constitutional Law.
1986-1992 Editorial Board Member, Law and Society Review, Journal of Law & Society Association.
1985 Grant, Fund for Justice and Education, American Bar Association, to participate in National
Conference on Law in Undergraduate Education, ABA Commission on College and University
Nonprofessional Legal Studies, March 22-24, 1985, Washington, DC.
4
1984 National Endowment for the Humanities Fellowship to attend Summer Seminar at Stanford
University on Political Experience and Thought in Revolutionary America.
1984 Award, Under a Mellon Grant to Oberlin College, to teach a Freshman-Sophomore Seminar on
Constitutional Law and Politics.
1979-80 Liberal Arts Fellow in Law and Government, Harvard Law School.
1979-80 Curriculum Development Fellowship from Oberlin College.
1979 National Endowment for the Humanities Fellowship to attend Summer Seminar at Princeton
University on America's Continuing Revolution: Role of the Supreme Court.
1968-69 Ford Foundation Doctoral Dissertation Completion Fellowship.
1967-69 Fellow, Russell Sage Foundation Project on Citizen Participation in Anti-Poverty Programs,
University of Chicago.
1964 Rutgers University: Class of 1876 Prize for Best Senior Thesis In Political Science, Henry Rutgers
Scholar, Pi Sigma Alpha, With Honors.
PUBLICATIONS
Books
The Supreme Court and American Political Development. (with Ken I Kersch, Princeton University)
Lawrence, KS: University Press of Kansas, 2006. 494 pp. (Hardback and Paperback)
The Supreme Court and Constitutional Theory, 1953-1993. Lawrence, KS: University Press of Kansas, 1994. 316 pp.
(Paperback Edition, 1995).
Political Science Course Syllabi Collection: Capstone Course/Senior Seminar. Washington, D.C.: American Political
Science Association, 1992.
Articles, Book Chapters, Essays, and Shorter Pieces
United States v. Windsor (2013): Formalism, Realism and Social Change
Ronald Kahn*
“The Commerce Clause and Executive Power: Exploring Nascent Individual Rights in National Federation of
Independent Businesses v. Sebelius,” 73 University of Maryland Law Review Number 1, (November,
2013): 133-189.
“Judicial Philosophy and Decision-making,” Encyclopedia of Political Science (Washington, DC: CQ Press, 2011):
863-865.
“Chief Justice Warren Burger,” “Justice Sandra Day O’Connor,” and “Chief Justice William Rehnquist,” in Richard
M. Valelly (ed.), Encyclopedia of United States Political History, Volume Seven: The Clash of Conservatism
and Liberalism, 1976 to Present (Washington, DC: CQ Press, 2010): 35-39; 288-293; 329- 332.
5
“Government Funding and Free Speech” (526-528), “The Internet and First Amendment Rights” (609-10), “Judaism”
(630-632), “Lee v. International Society of Krishna Consciousness (1992)” (661-662),
“Lehman v. City of Shaker Heights (1974)” (663-664), “Reno v. ACLU (1997)” (925-926), and “Symbolic
Speech” (1040-41) in David L. Hudson, David A. Schultz, and John R. Vile, (eds), Encyclopedia of the First
Amendment. (Washington, D.C.: CQ Press, 2009).
“Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas
(2003) in Legal and Political Time,” in Austin Sarat (ed.), 44 Studies in Law, Politics and Society, Special
Issue: Constitutional Politics in a Conservative Era: 173-217 (London, United Kingdom: JAI Press-An
Imprint of Emerald Group Publishing Limited, 2008).
“Hartz, Political Culture, and Supreme Court Decision Making in the 21st Century: Questioning Popular Constitutional
Theory,” 16 The Good Society No.1 (2007) (actual publication date May, 2008): 46-53.
“Judicial Supremacy” Encyclopedia of the Supreme Court of the United States, Farmington Hills, Michigan:
Macmillan Reference USA (2008), Volume 3 J-O: 71-74.
“Deshaney v. Winnebago County Department of Social Services 489 U.S. (1989), Encyclopedia of the Supreme Court
of the United States, Farmington Hills, Michigan: Macmillan Reference USA (2008), Volume 2 D-I: 28-29.
“Originalism, the Living Constitution, and Supreme Court Decision-making in the 21st Century: Explaining Lawrence
v. Texas,” 67 Maryland Law Review, No. 1 (Fall, 2007): 25-35.
“The Constitution Restoration Act, Judicial Independence, and Popular Constitutionalism,” 56 Case Western Reserve
Law Review, No. 4 (Summer 2006): 1083-1118.
“Social Constructions, Supreme Court Reversals, and American Political Development: Lochner, Plessy, Bowers, But
Not Roe.” In The Supreme Court and American Political Development, ed. Ronald Kahn and Ken I. Kersch.
Lawrence, KS: University Press of Kansas, 2006: 67-113.
“Wisconsin v. Yoder, 406 U.S. 205 (1972): Application of Mandatory School Attendance Law to the Amish
Mennonite Church,” The American Midwest: An Interpretive Encyclopedia. Bloomington, IN: Indiana
University Press (2006): 1598-1599.
“Free Speech on the Internet,” “Fighting Words Doctrine,” “Flag Burning” and “Hate Speech,” in Otis H. Stephens,
John M. Scheb, and Kara E. Stooksbury, (eds.). Encyclopedia of American Civil Rights and Liberties.
(Westport, CT: Greenwood Publishers, 2006):
“The Meaning of Liberalism/Conservatism on the Mature Rehnquist Court: First Amendment Absolutism and a Muted
Social Construction Process,” The Good Society 4.1-2 (December, 2005): 50-58.
“Why Lawrence v. Texas (2003) Was Not Expected: A Critique of Pragmatic Legalist and Behavioral Explanations
of Supreme Court Decision Making.” In The Future of Gay Rights in America, ed. H.N. Hirsch. New York:
Routledge, 2005: 229-264.
“Lemon Test,” “Lemon v. Kurtzman (1971),” and “Wisconsin v. Yoder (1972).” In The Oxford Companion to the
Supreme Court of the United States, 2nd
Edition, ed. Kermit L. Hall, 499-500, 500-501, 934-935. New York:
Oxford University Press, 2005.
“Fighting Words,” “Lee v. Weisman (1992),” “Overturning Supreme Court Decisions,” “Precedent,” “R.A.V. v. City of
St. Paul (1992),” “The Right to Travel,” “San Antonio Independent School District v. Rodriguez (1973)”
(with Steven A. Peterson), “Seven Dirty Words,” “Symbolic Speech,” and “United States Supreme Court.” In
6
Encyclopedia of Civil Liberties in America, ed. David Schultz and John Vile, 374-375; 554; 686-687; 732-
734; 769; 813-815; 838-839; 863-864; 922-924; 971-974. Armonk, NY: M.E. Sharpe Inc., 2005.
“Judge Henry Jacob Friendly (1993-1986).” In Great American Judges, Vol. 1, ed. John Vile, 273-285. Santa
Barbara, CA: ABC-CLIO Publishers, Inc., 2003.
“Judge Richard A. Posner (1939- ).” In Great American Judges. Vol. 2, ed. John Vile, 615-628. Santa Barbara, CA:
ABC-CLIO Publishers, Inc., 2003.
“Federal Aid Highway Program.” In Dictionary of American History, 3rd ed. Vol. 3, ed. Stanley I. Kutler, 335-336.
New York: Charles Scribner’s Sons, 2003.
“Marbury v. Madison as a Model for Understanding Contemporary Judicial Review.” In Marbury Versus Madison:
Documents and Commentary, ed. Mark A. Graber and Michael Perhac, 155-180. Washington, D.C.: CQ
Press, 2002.
“Parliamentary Supremacy.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, ed.
Herbert A. Kritzer, 1278-1282. Santa Barbara, CA.: ABC-CLIO Publishers, 2002.
“Buck v. Bell (1927).” In Historical and Multicultural Encyclopedia of Female Reproductive Rights in the United
States, ed. Judith A. Baer, 46-47. New York: Greenwood Press, 2002.
“Constitutional Interpretation,” “Due Process,” “Engel v. Vitale (1962),” “Establishment Clause,” “Everson v. Board
of Education (1947),” and “Zorach v. Clauson (1952).” In The Encyclopedia of American Law, ed. David A.
Schultz, 104-106; 134-136; 147-148; 159-160; 161-162; 477-478. New York: Facts on File, Inc., 2002.
“Dial 911 For Liberties Lost: Anti-Terrorist Bill Takes Shots at Civil Liberties.” Oberlin Alumni Magazine 97, no. 3
(Winter 2001-2002): 35-37.
“Alan Morton Dershowitz.” In Great American Lawyers: An Encyclopedia. Vol. 1, ed. John R. Vile, 198-207. Santa
Barbara, CA: ABC-CLIO Publishers, Inc., 2001.
“Laurence H. Tribe.” In Great American Lawyers: An Encyclopedia. Vol. 2, ed. John R. Vile, 672-685. Santa
Barbara, CA: ABC-CLIO Publishers, Inc., 2001.
“Institutional Norms and Supreme Court Decision-Making: The Rehnquist Court on Privacy and Religion.” In Courts,
Judges, and Politics: An Introduction to the Judicial Process, 5th ed., ed. Walter F. Murphy, C. Herman
Pritchett, and Lee Epstein, 473-476. New York: McGraw Hill, 2002. (An abridgement of “Institutional
Norms and Supreme Court Decision-Making: The Rehnquist Court on Privacy and Religion.” In Supreme
Court Decision-Making: New Institutionalist Approaches, ed. Cornell W. Clayton and Howard Gillman.
Chicago: University of Chicago Press, 1999.) (Republished in Sixth Edition, 2006, 487-490)
“ ‘The Canon’ of Constitutional Law for Undergraduate Teaching: The Melding of Constitutional Theory, Law, and
Interpretive/Empirical Political Science.” Constitutional Commentary 17, no. 2 (June 2000): 397-407.
“Right to Travel.” In Encyclopedia of the U.S. Supreme Court, ed. Thomas L. Lewis and Richard L. Wilson, 959-960.
Pasadena, CA: Salem Press, 2000.
“Workload.” In Encyclopedia of the U.S. Supreme Court, ed. Thomas L. Lewis and Richard L. Wilson, 1037-1040.
Pasadena, CA: Salem Press, 2000.
“Coming Soon to an Election Near You!: Is Cyber-Voting a Good Thing?” Around the Square, June 2000, 2.
7
“The Supreme Court of the United States.” In Magill’s Legal Guide, ed. Timothy L. Hall, 834-837. Pasadena, CA:
Salem Press, 2000.
“Liberalism, Political Culture, and the Rights of Subordinated Groups: Constitutional Theory and Practice at a
Crossroads.” In The Liberal Tradition in American Politics: Reassessing the Legacy of American Liberalism,
ed. David F. Ericson and Louisa Bertch Green, 171-197; 254-259. New York: Routledge Publishing, Inc.,
1999.
“Institutional Norms and the Historical Development of Supreme Court Politics: Changing Social Facts and Doctrinal
Development.” In The Supreme Court in American Politics: New Institutionalist Interpretations, ed. Howard
Gillman and Cornell W. Clayton, 43-59. Lawrence, KS: University Press of Kansas, 1999.
“Affirmative Action from the Students’ Perspective.” Oberlin Alumni Magazine 95, no. 3 (Winter 1999), 28.
“Lemon Test,” “Lemon v. Kurtzman (1971),” and “Wisconsin v. Yoder (1972).” In The Oxford Guide to United States
Supreme Court Decisions, ed. Kermit Hall, 158,159, 336-337. New York: Oxford University Press, 1999).
“Introduction” and “New (Historical) Institutionalism: Relating Supreme Court Decision-making to Social, Political
and Economic Change.” In “AA Law and Courts Symposium: Courts, Law, and the New (Historical)
Institutionalism,” ed. Ronald Kahn. Law and Courts IX, no. 1 (Spring 1999), 1, 3, 12-13.
Symposium Editor, “AA Law and Courts Symposium: Courts, Law, and the New (Historical) Institutionalism.” Law
and Courts IX, no. 1 (Spring 1999), 1-23. (Participants: Eileen L. McDonagh; Rogers Smith, Cornell W.
Clayton, Howard Gillman, Christine B. Harrington, Ronald Kahn, Mark A. Graber, Michael McCann, Susan
E. Lawrence, and Roy B. Flemming).
“Institutional Norms and Supreme Court Decision-Making: The Rehnquist Court on Privacy and Religion.” In
Supreme Court Decision-Making: New Institutionalist Approaches, ed. Cornell W. Clayton and Howard
Gillman, 175-198. Chicago: University of Chicago Press, 1999.
“Bringing the Outside World into Supreme Court Decision-making.” Focus on Law Studies: Teaching About Law in
the Liberal Arts XIV, no. 1 (Fall 1998), 5, 16.
“Presidential Power and the Appointments Process: Structuralism, Legal Scholarship, and the New Historical
Institutionalism.” Case Western-Reserve Law Review 47, no. 4 (Summer 1997), 1419-1450.
“Constitutional Law in The United States.” In Survey of Social Science: Government and Politics Series, ed. Frank
N. Magill, 439-444. Pasadena, CA: Salem Press, 1995.
“Pluralism.” In Survey of Social Science: Government and Politics Series, ed. Frank N. Magill, 1402-1407. Pasadena,
CA: Salem Press, 1995.
“Self -Interest In Politics." In Survey of Social Science: Government and Politics Series, ed. Frank N. Magill, 1802-
1808. Pasadena, CA: Salem Press, 1995.
Editor, “Symposium on Social Facts, Constitutional Theory, and Doctrinal Change.” Law and Courts 5, no. 2
(Summer 1995): 3-15. (Contributions by H.N. Hirsch, William Haltom, Susan Burgess, Howard
Gillman, Michael McCann, and Ronald Kahn).
“Social Facts and the Reconceptualization of Constitutional Theory.” In “Symposium on
8
Social Facts, Constitutional Theory, and Doctrinal Change,” ed. Ron Kahn. Law and Courts 5, no. 2
(Summer 1995): 10-15.
“Review Essay: Rethinking Constitutional Theory, Method, Practice, and Doctrinal Change.” The Journal of
Politics 57, no.1 (Feb 1995), 229-242.
“The Supreme Court as a (Counter) Majoritarian Institution: Misperceptions of the Warren, Burger, and
Rehnquist Courts.” Detroit College of Law Review 1994, no. 1 (Spring 1994), 1-59.
“Essay Review: The Supreme Court, Constitutional Theory, and Social Change.” Journal of Legal Education43, no. 3
(Sep 1993), 454-467.
“God Save Us From the Coercion Test: Constitutive Decision-Making, Polity Principles, and Religious Freedom.”
Case-Western Reserve Law Review 43 (Spring 1993), 983-1020.
“Lemon Test,” “Lemon v. Kurtzman (1971),” and “Wisconsin v. Yoder (1972).” In The Oxford Companion to the
Supreme Court of the United States, ed. Kermit L. Hall, 499-500, 500-501, 934-935. New York: Oxford
University Press, 1992.
“A New Outlook for the Court.” Forum/Essay & Comment Page, The Plain Dealer, 1 July 1992, 3(C).
“The Supreme Court-Its Past: Marshall's Place in History.” Perspective Page, The Plain Dealer, 30 June 1991, 1(C),
4(C).
“Political Science,” with Twilley Barker, et al. In Liberal Learning and the Arts and Sciences Major, Vol. 2,
Association of American Colleges, 131-149. Washington, D.C.: Association of American Colleges, 1990.
“Hermeneutics and Constitutional Faith.” Polity 22, no. 12 (Fall 1989), 165-179.
“Pluralism, Civic Republicanism, and Critical Theory.” Tulane Law Review 63 (1989), 1475-1500.
“Polity and Rights Values in Conflict: The Burger Court, Ideological Interests, and the Separation of the Church and
State.” Studies in American Political Development III (1989), 279-293.
“Ideology, Religion, and the First Amendment.” In Judging the Constitution: Critical Essays on Judicial Lawmaking,
ed. Gerald Houseman and Michael McCann, 409- 441. Boston, MA: Scott, Foresman, Little Brown and
Company, 1989.
“Intersection of Polity and Rights Principles on the Burger Court: Towards a Social Science of Jurisprudence.” Legal
Studies Forum XI, no. 1 (1987), 5-28.
“Burger Court, Boundary Setting, and Local/State Government Power.” Proteus: A Journal of Ideas 4 (Fall 1987),
37-46.
“Bork Pick Opens Debate on Court.” Forum: Essay & Comment Page, Plain Dealer, 10 July 1987, 7(B).
“Review Essay.” American Political Science Review 80 (Dec 1986), 1315-131.
“Process and Rights Principles in Modern Constitutional Theory.” Stanford Law Review 37, no. 1 (Nov 1984),
253-269.
9
“Political Change in America: Highway Politics and Reactive Policy-making.” In Public Values and Private Power in
American Politics, ed. J. David Greenstone, 139-172. Chicago: University of Chicago Press, 1984.
“Explaining Changes in Supreme Court Jurisprudence.” Oberlin College Observer 5, no. 18 (1984), 6.
“Meese Steps Up to Bat: A Purely Political Attorney General.” Forum Page, The Plain Dealer, 25 Jan 1984, 15(A).
“Political Change in America: Highway Politics and Reactive Policy Making.” In Public Values and Private Power
in American Politics, ed. J. David Greenstone, 139-172. Chicago, IL: University of Chicago Press, 1989.
“The Politics of Police Accountability: A Test of the ‘Bureaucratic State’ Approach to Political Change in Machine
Cities.” In Determinants of Law Enforcement Policies, ed. Fred A. Meyer and Ralph Baker, 135-157.
Lexington, MA: D.C. Heath and Company, 1979.
“Reforming Local Criminal Justice Systems in America.” Journal of Politics 40 (1978), 833-838.
“Urban Reform and Police Accountability in New York City: 1950-74.” In Urban Problems and Public Policy, ed.
Robert Lineberry and Louis H. Masotti, 107-127. Lexington, MA: D.C. Heath, Co., 1975.
Book Reviews
A Storm Over the Court: Law, Politics, and Supreme Court Decision-making in Brown v. Board of Education. By
Jeffrey D. Hockett. Charlottesville, VA: University of Virginia Press, 2013. Law and Politics Book Review
23, no. 11 (November, 2013): 568-578.
Habeas Corpus in America: The Politics of Individual Rights. By James J. Wirt. Lawrence: The University Press of
Kansas, 2011. Law and Politics Book Review 22, no. 5 (May 2012).
The Constitution of Electoral Speech Law: The Supreme Court and the Freedom of Expression in Campaigns and
Elections. By Brian K. Pinaire. Stanford: Stanford University Press, 2008. Perspectives on Politics 7, no. 3
(September, 2009): 670-671.
Securing Constitutional Democracy: The Case of Autonomy, by James E. Fleming. Chicago: The University of
Chicago Press, 2006. Law and Politics Book Review 18, no. 7 (July, 2008): 610-623.
Purposive Interpretation in Law, by Aharon Barak. (Princeton, NJ: Princeton University Press, 2005). Law and
Politics Book Review 16, No, 9 (September 2006), 708-738.
The Supreme Court under Earl Warren, 1953-1969, by Michael R. Belknap. (Columbia, S.C.: University of South
Carolina Press, 2005). Journal of American History (September 2006): 591-592.
Justice of Shattered Dreams: Samuel Freeman Miller and the Supreme Court during the Civil War Era, by Michael A.
Ross. (Baton Rouge: Louisiana State University Press, 2003). American Historical Review 110, no. 2 (April
2005), 491-492.
Restoring the Lost Constitution: The Presumption of Liberty, by Randy E. Barnett, (Princeton: Princeton University
Press, 2003). Law and Politics Book Review 14, no. 11 (Nov 2004), 900-911.
Welfare and the Constitution, by Sotirios A. Barber (Princeton: Princeton University Press, 2004). Law and Politics
Book Review 14, no. 7 (July 2004), 583-596.
John Marshall and the Heroic Age of the Supreme Court, by R. Kent Newmyer, (Baton Rouge, LA: Louisiana State
University Press, 2001). American Historical Review 108, no. 3 (June 2003), 828-829.
10
Adversarial Legalism: The American Way of Law, by Robert A. Kagan, (Cambridge: Harvard University
Press, 2001). American Political Science Review 96, no. 3 (Sept 2002), 641-642.
Constitutionalism and American Culture: Writing the New Constitutional History, by Sandra F. VanBurkleo,
(Lawrence: University Press of Kansas, 2002). Law and Politics Book Review 12, no. 8 (Aug
2002), 411-434.
The Constitution and the New Deal, by G. Edward White, (Cambridge: Harvard University Press, 2000).
American Historical Review (Dec 2001), 1826-1827.
Law without Values: The Life, Work, and Legacy of Justice Holmes, by Albert Alschuler, (Chicago:
University of Chicago Press, 2000). Law and Politics Book Review 11, no. 5 (May 2001), 195-209.
Brandeis and the Progressive Constitution, Erie and Judicial Power, and the Politics of Federal Courts in
Twentieth Century America, by Edward A. Purcell, Jr., (New Haven: Yale University Press, 2000).
Law and Politics Book Review 10, no. 7 (July 2000), 429-433.
Constitutional Construction: Divided Powers and Constitutional Meaning, by Keith E Whittington,
(Cambridge: Harvard University Press, 1999). American Political Science Review 94, no.1
(Mar 2000), 183-184.
When the Nazis Came to Skokie: Freedom for Speech We Hate, by Phillippa Strum, (Lawrence:
University Press of Kansas, 1999). Rhetoric and Public Affairs 3, no. 1 (Spring 2000), 105-108.
The Warren Court and the Pursuit of Justice, by Morton J. Horwitz, (New York: Hill and Wang, 1999).
Journal of American History 82, no. 2 (Sept 1999), 845-846.
Representing Popular Sovereignty: The Constitution in American Political Culture, by Daniel Lessard Levin, (Albany:
State University of New York Press, 1999). Law and Politics Book Review 9, no. 7
(July 1999), 309-314.
Just Interpretations: Law Between Ethics and Politics, by Michel Rosenfeld, (University of California Press, 1998).
Law and Politics Book Review 8, no. 8 (Aug 1998), 335-342.
Courts and Congress, by Robert A. Katzman, (Brookings Institution Press, 1997). Political Science Quarterly 113,
no. 2 (1998), 320-321.
The Strategy of Rhetoric: Campaigning for the American Constitution, by William H. Riker, (New Haven: Yale
University Press, 1996). Journal of American History 84, no. 4 (March 1998), 1492.
The Power of Separation: American Constitutionalism and the Myth of the Legislative Veto, by Jessica Korn,
Princeton University Press, 1996). Law and Politics Book Review 7, no. 8 (Aug 1997), 402-405.
The Ninth Amendment and the Politics of Creative Jurisprudence: Disparaging the Fundamental Right
of Popular Control, by Marshall L. DeRosa, (New Brunswick: Transaction Publishers, 1996). Political
Science Quarterly 111, no. 3 (Fall 1996), 547.
A Year in the Life of the Supreme Court, by Rodney Smolla, (Durham, NC: Duke University Press, 1995). Law and
Politics Book Review 6, no. 3 (March 1996), 51-52.
The Constitution in the Courts: Law or Politics?, by Michael Perry, (Oxford University Press, 1994). Political
11
Science Quarterly 110, no. 1 (May 1995), 137-138.
Brennan v. Rehnquist: The Battle for the Constitution, by Peter Irons, (New York: Alfred A. Knopf, Inc., 1994).
The Journal of American History 82 (Dec 1995), 1297.
Bargaining With the State, by Richard A. Epstein, (Princeton: Princeton University Press, 1993). The Annals of the
American Academy of Political and Social Science 540 (Dec 1995), 159.
Reason In Law, 4th Edition, by Lief Carter, (Harpercollins College Division, 1994). The Law and Politics Book
Review 5, no. 2 (Feb 1995), 68-71. (Part of Symposium on Textbooks on Law for Undergraduates).
Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789, by Maeva Marcus (ed.), (New York: Oxford
University Press, 1992). The Law and Politics Book Review 2, no. 11 (Nov 1992), 181-183.
The Constitution in the Supreme Court: the Second Century, 1888-1986, by David P. Currie, (University of Chicago
Press, 1990). The Law and Politics Book Review 1, no. 4 (June 1991), 65-68.
The Politics of Size: Representation in the United States 1776-1850, by Rosemarie Zagarri, (Cornell University Press,
1988). The Journal of Interdisciplinary History 19 (Spring 1989), 693-696.
Public Prayer and the Constitution: A Case Study of Constitutional Interpretation, by Rodney K. Smith (Wilmington,
DL: Scholarly Resources, 1987). Religious Studies Review 14 (1988), 241-242.
The Legal Research Manual: A Game Plan For Legal Research and Analysis, by Christopher G. Wren and
Jill Robinson Wren, (Madison: A-R Editions, 1984). Focus on Law Studies 1 no. 2 (Spring 1986), 7-8.
On What the Constitution Means, by Sotirios A. Barber (Baltimore: Johns Hopkins University Press, 1984). American
Political Science Review 79, no. 3 (Sept 1985), 832.
Protest Is Not Enough: The Struggle of Blacks and Hispanics for Equality in Urban Politics, by Rufus P.
Browning, Dale Rogers Marshall, and David H. Tabb, (University of California Press, 1984). American
Political Science Review 79, no. 2 (June 1985), 520-521.
The Burger Court: The Counter Revolution That Wasn't, Vincent Blasi (ed.), (New Haven: Yale University Press,
1983). The American Political Science Review 78, no. 1 (Sept 1984), 797-798.
Spheres of Justice: A Defense of Pluralism and Equality, by Michael Walzer, (Oxford: Martin Robertson, 1983).
American Political Science Review 78, no. 1 (March 1984), 289-290.
The Constitution, the Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional
Policy-Making by the Judiciary, by Michael J. Perry, (New Haven: Yale University Press, 1982). American
Political Science Review 77, no. 3 (Sept 1983), 761-762.
City Trenches: Urban Politics and the Patterning of Class in the United States, by Ira Katznelson, (New York:
Pantheon Books, 1981). American Political Science Review 76, no. 3 (Sept 1982), 659-660.
Public Transportation and Land Use Policy, by Boris S. Pushkarev and Jeffrey M. Zupan, (Bloomington: Indiana
University Press, 1977). Perspective: Monthly Reviews of New Books in Gov't/Politics-International
Affairs VII (1978), 125-126.
Bureaucratic Insurgency, by Margaret Levi, (Lexington, MA: Lexington Books, 1977). Perspective VI (1977), 200.
12
Transport in Transition: The Reorganization of the Federal Transport Portfolio, by John W. Langford, (Montreal:
McGill-Queen's University Press, 1976). Perspective VI (1977), 35-36.
Trucking Regulation: Lessons From Europe, by Thomas Gale Moore, (Washington: American Enterprise Institute for
Public Policy Research, 1976). Perspective V (1976), 198-199.
The States and Land-Use Control, by Don T. Allensworth and Robert R. Linowes, (New York: Praeger, 1975).
Perspective V, (1976), 44-45.
The Politics of Policy in Local Government: The Making and Maintenance of Public Policy in the Royal
Borough of Kensington and Chelsea, by John Dearlove. The Journal of Politics 37 (1975), 629.
Vallingsby and Farsta B From Idea to Reality: The New Community Development Process in Stockholm,
by David Pass. The Journal of Politics 37, no. 1, (Feb 1975), 329.
State Secrets: Policy Surveillance in America, by Paul Cowan, Nick Egleson, and Nate Hentoff. Perspective,
III (1974), 153.
Film Review
Mr. Justice Brennan, prod. Jerry Colbert, Pathmakers, 60 min, (Alexandria: PBS Video, 1996). Journal of American
History 84 (Dec 1997), 1179-1180.
PAPERS AND LECTURES
“A Commerce Clause Right to Liberty in National Federation of Independent Business v. Sebelius (2012): The
Staying Power of Nascent Individual Rights” 2013 Annual Meeting of the American Political Science Association,
August 29-September 1, 2013.
“The Commerce Clause and Executive Power: Exploring Nascent Individual Rights in National Federation of
Independent Businesses v. Sebelius (2012),” University of Maryland Discussion Group on Constitutionalism,
University of Maryland Law School, Baltimore, MD, February 22-23, 2013.
“Constitutional Textuality, (Conservative and Progressive) Originalism, and Supreme Court Decision-Making,”
University of Wisconsin Law School Conference on Constitutionalism: Constitutional Interpretation, Madison, WI,
October 3-4, 2009.
“Can ‘Liberal’ Originalist Constitutional Theory Help Us Explain the Supreme Court as an Institution in American
Political Development?,” 2008 Annual Meeting, American Political Science Association, Boston, MA, August 28-31,
2008.
“Judicial Minimalism, ‘Liberal’ Originalist Constitutional Theory, Supreme Court Decision-making, and American
Political Development,” 2008 Annual Meeting, Western Political Science Association, San Diego, CA, March 20-22,
2008.
“Equal Citizenship for Women, Gonzales v. Carhart (2007), and the Right of Abortion Choice,” University of
Maryland Discussion Group on Constitutionalism, University of Maryland Law School, Baltimore, MD, March 7-8,
2008.
“Legal Time, Political Time and Popular Constitutionalism: The Supreme Court in American Political Development,”
65 Annual Meeting of the Midwest Political Science Association, Chicago, IL, April 12-15, 2007.
13
“The Constitution May Be Undemocratic, But Not Supreme Court Decision-making: The Difference Between Legal
and Political Time,” University of Maryland Discussion Group on Constitutionalism, University of Maryland Law
School, Baltimore, MD, December 1-2, 2006.
“Unenumerated Rights on the Roberts Supreme Court,” Roundtable: Unenumerated Rights and American Political
Development, 2006 Annual Meeting, Western Political Science Association, Albuquerque, N.M., March 16-18, 2006.
“Hartz, Political Culture, and Supreme Court Decision Making in the 21st Century: Questioning Popularist
Constitutional Theory,” University of Maryland Discussion Group on Constitutionalism, University of Maryland Law
School, Baltimore, MD, March 3-4, 2006.
“Why Lawrence v. Texas (2003) Was Not Expected: A Critique of Pragmatic Legalist and Behavioral Explanations
of Supreme Court Decision Making,” Panel on Gender, Family, and the Law, 2005 Annual Meeting, New England
Political Science Association Annual Meeting, Portland, Maine, April 29-April 30, 2005.
“The Difference Between Legal and Political Time: The Supreme Court (and the Presidency) in American Political
Development,” Panel on the Supreme Court in American Political Development, 2005 Annual Meeting, Western
Political Science Association, Oakland, CA, March 17-19, 2005.
“Testing Standards of Evaluation and Methods of Inquiry in Hirschl’s Toward Juristocracy: The Origins and
Consequences of the New Constitutionalism,” Maryland Discussion Group on Constitutionalism, University of
Maryland Law School, Baltimore, MD, March 4-6, 2005.
“Why We Did Not Expect Lawrence v. Texas (2003): The Social Construction Process and the Limits of Judicial
Minimalism,” Panel on Contemporary Constitutional Theory, 62nd
Annual National Conference, Midwest Political
Science Association, Chicago, IL. April 15-18, 2004.
“The Meaning of Liberalism/Conservatism on the Mature Rehnquist Court: First Amendment Absolutism and a Muted
Social Construction Process,” Panel on The New First Amendment and the Bush/Rehnquist Court, University of
Maryland Discussion Group on Constitutionalism, University of Maryland Law School, Baltimore, MD, March 5-6,
2004.
“A New Constitution for a New Continental Order,” Fulbright Program American Studies Summer Institute: The Rise
of Globalism: Ideas, Institutions, and American Political Development, CUNY Graduate Center, New York City, NY,
June 22-August 5, 2003
“Law and Society at Oberlin College Since 1973,” Roundtable–Legal Studies in the Academy in the Twenty-First
Century, 2003 Annual Meeting, Law and Society Association, Pittsburgh, PA, June 5-8, 2003.
“The Supreme Court and Path Dependence in Mark Tushnet’s The New Constitutional Order,” Panel on The Supreme
Court in the New Constitutional Order, University of Maryland Discussion Group on Constitutionalism, University of
Maryland Law School, Baltimore, MD, April 4-5, 2003.
“Social Constructions, Path Dependence, and Supreme Court Reversals: Lochner and Plessy, but not Roe,”
2003 Annual Meeting, Western Political Science Association, Denver, CO, March 27-29, 2003.
“The Supreme Court in American Political Development” (with Ken I. Kersch), Maryland Discussion
Group on Constitutionalism, College Park, MD, April 12-13, 2002.
“Marbury v. Madison (1803) As a Model for Understanding Contemporary Judicial Review: Historical
Institutionalism, Social Constructions, and the Significance of the Constitutional Revolution of 1937,”
2002 Annual Meeting, Western Political Science Association, Long Beach, CA, March 22-24, 2002.
14
“A Critique of Judicial Minimalism: The Outside World in Supreme Court Decision-making,” 2001
Annual Meeting, American Political Science Association, San Francisco, CA, August 29-September 2, 2001.
‘The Social and Political Construction of Abortion Rights in Supreme Court Decision-making,” 2001
Annual Meeting, Western Political Science Association, Las Vegas, NV, March 15-17, 2001.
“The Creation of a New Constitutional Order?: England’s Human Rights Act of 1998,” University of
Maryland/Georgetown University Conference in Constitutional Law: The Creation, Maintenance, and
Destruction of Constitutional Orders, College Park, MD, March 9-10, 2001.
“Social Constructs, Moral Choices, and the Law: The Supreme Court and States as Venues for
Transforming the Rights of Abortion Choice and Sexual Intimacy,” 2000 Annual Meeting, American
Political Science Association, Washington, D.C., August 31-September 3, 2000.
“Social Constructs, Supreme Court Decision-making, and the Rights of Subordinated Groups: A Critique of Sunstein’s
and Ackerman’s Visions of Social Transformation through Law,” 2000 Annual Meeting,
Western Political Science Association, San Jose, CA, March 24-26, 2000.
“The Canon of Constitutional Law for Undergraduate Teaching: The Melding of Constitutional Theory,
Law, and Interpretive/Empirical Political Science,” Georgetown Conference in Constitutional Law,
Georgetown University Law Center, Washington, D.C., December 4-5, 1999
“The Role of ‘Precedential Social Facts’ in Reversals of Landmark Supreme Court Decisions: The Rights of
Subordinated Groups to Expression, Religion, Privacy, and Equal Protection,” Panel on Legitimacy of
Arguments, Evidence, and Amendments, 1999 Annual Meeting, American Political Science Association,
Atlanta, GA, September 2-5, 1999.
“The New Historical Institutionalism and Constitutional Change: Explaining Gender Discrimination in the Twentieth
Century,” Faculty and Graduate Student Research Colloquium, Department of Political Science,
Rutgers University, New Brunswick, NJ, May 20, 1999.
“New Historical Institutionalism, Precedential Social Constructs, Political Culture, and Doctrinal Change:
Gender Discrimination in the Twentieth Century,” (with Susan Dennehy), Panel on Historical
Institutionalism and the Politics of Courts, 1999 Annual Meeting, Western Political Science Association,
Seattle, WA, March 25-27, 1999.
“How Empirical Should Constitutional Theory Be?: Precedential Social Facts, Constitutional Theory and Doctrinal
Change,” Georgetown Conference in Constitutional Law, Georgetown University Law Center, Washington, D.C.,
December 5-6, 1998.
“Precedential Social Facts and the Rights of Subordinated Groups in Post-Pluralist America,” 1998 Annual
Meeting, American Political Science Association, Boston, MA, September 3-6, 1998.
“New (Historical) Institutionalism and the Study of Supreme Court and Legal Change,” Panel on
Applications to Law and Legal Institutions, Short Course on Courts, Law, and the New (Historical)
Institutionalism, Sponsored by Law and Courts Section, American Political Science Association, September 2, 1998,
Boston, MA.
“Liberalism, Political Culture, and the Rights of Subordinated Groups,” 1998 Annual Meeting, Western
Political Science Association, Los Angeles, CA, March 19-21, 1998.
15
“Administering an Undergraduate Liberal Arts Department: Procedures for Tenure Review,” Short
Course for Department Chairs, Annual Meeting, American Political Science Association, Washington,
D.C., August 27-September 1, 1997.
“Affirmative Action: Does It Make Sense As It Is Today?” Program in Criminal Justice and Department
of Politics, University of Delaware, Newark, DE, April 15, 1997.
“The Constitutive Approach and Social Pictures in Precedents: Explaining Social Change Through
Constitutional Law,” Graduate Seminar on Supreme Court Decision-making, University of Delaware,
Department of Political Science, Newark, DE. April 14, 1997.
“Presidential Power and the Appointments Process,” Conference on Presidential Power in the Twenty-First Century,
Case Western Reserve University School of Law, April 4-5, 1997
“Historical Institutionalism, Social Facts in Precedents, and Doctrinal Change,” 1997 Annual Meeting,
Western Political Science Association, Tucson, AZ, March 13-15, 1997.
“Constitutive Decision making on the Supreme Court & the Rights of Subordinated
Groups,” Faculty Seminar, Lewis and Clark College, Portland, OR, February 17, 1997.
“The Rights of Abortion Choice and Sexual Intimacy After Bowers, Casey, and Romer,” Public Lecture,
Lewis and Clark College, Portland, OR, February 18, 1997.
“Liberalism and the Rights of Subordinated Groups: Constitutional Theory and Practice at a Crossroads,”
Conference on the Liberal Tradition in American Politics: Consensus, Polarity, or Multiple Traditions?, University of
Chicago, Chicago, IL, November 23, 1996.
“Constitutive Supreme Court Decision-making, Social Facts, and the New or Historical Institutionalism,” Panel on
Institutional Approaches to Supreme Court Politics, Annual Meeting, American Political
Science Association, San Francisco, CA, August 29-September 1, 1996.
“Social Science, Social Facts, and the Rights of Subordinated Groups,” Joint International Conference of the
Law and Society Association and the Research Committee on the Sociology of Law of the International
Sociological Association, University of Strathclyde, Glasgow, Scotland, July 10-13, 1996.
“Constitutive, Not Rational Decision making on the Rehnquist Court in the 1990s,” 1996 Annual Meeting
of the Western Political Science Association, San Francisco, CA, March 14-16, 1996.
“Roe v. Wade and its Children,” Macalester College, Department of Political Science, St. Paul, MN. Feb. 12, 1996.
“Supreme Court Decision-making and Doctrinal Change: Constitutive Methods of Analysis,” Faculty Seminar,
Macalester College, St. Paul, MN, February 12, 1996.
“Proposition 187 and Rights of Illegal Immigrants: The Supreme Court and Social Change,” Rockefeller Center in the
Social Sciences and Department of Government, Dartmouth College, Hanover, NH, February. 23, 1995.
“The Supreme Court As a Counter Majoritarian Institution,” Center for the Social Sciences, American Society and
Politics Seminar, Department of Political Science, Columbia University, New York, NY, November 19, 1994.
“Principles, Rationality, and Self-Interest in the Scholarship of J. David Greenstone,” A Roundtable on J.
David Greenstone's The Lincoln Persuasion: Remaking American Liberalism, Annual Meeting, Western
Political Science Association, Albuquerque, NM, March 12, 1994.
16
“Constitutive Supreme Court Decision-making, the Attitudinal Model, and the ICPSR Supreme Court
Data-Base,” Session on Assessments of Data-Based Approaches to the Study of Law and Courts,
American Political Science Association Short Course, Using and Abusing Data in the Study of Law and
Courts, sponsored by Law and Courts Organized Section, American Political Science Association, September 1, 1993.
“Is The Coercion Test a Necessary Element of Establishment Clause Jurisprudence?” Case-Western
Reserve University School of Law, Symposium on Religion and the Public Schools After Lee v. Weisman, Cleveland,
OH, November 13-14, 1992.
“The Supreme Court as a Counter Majoritarian Institution: Misperceptions of the Warren, Burger, and
Rehnquist Courts,” Panel on the Supreme Court As a (Counter) Majoritarian Institution, Annual
Meeting, American Political Science Association, Chicago, IL, September 3-6, 1992.
“The Casey Decision and Reproductive Policy in the Future,” Roundtable: Reproductive Policy From A Political
Science Perspective, Annual Meeting, American Political Science Association, Chicago, IL, September 3-6, 1992.
“The Capstone Course in the Political Science Major,” APSA Education Committee Panel on the Political Science
Course Syllabi Collections, Annual Meeting, American Political Science Association, Chicago, IL, September 3-6,
1992.
“Misperceiving the Burger Court,” Roundtable In Honor of the Legacy of J. David Greenstone, Annual Meeting,
American Political Science Association, Washington, D.C., August 29-September 1, 1991.
“The Burger Court: A Revisionist Perspective,” Panel on the Burger-Rehnquist Court and the New Structuralism,
Annual Meeting, American Political Science Association, San Francisco, CA, August 30-September 2, 1990.
“Roundtable on Recruiting Political Scientists: What Should Be Done?” Annual Meeting, American Political Science
Association, San Francisco, CA, August 30-September 2, 1990.
“The Burger Court and the Ascent of Pragmatism: A Critique,” Panel on Forms of Judging and Legal
Reasoning, Annual Meeting, Law and Society Association, Berkeley, CA, May 31-June 3, 1990.
“Roundtable on Curriculum Reform and General Education in the Colleges C Lessons of the Past Decade,”
Annual Meeting, Midwest Political Science Association, Chicago, IL, April 5-7, 1990.
“The New Public Law: Linking the Normative to the Empirical,” Roundtable on Public Law - New Directions in
Research, Annual Meeting, American Political Science Association, Atlanta, GA, August 31-September 3, 1989.
“Pluralism, Civic Republicanism, and Critical Theory,” Panel on Legitimacy, Autonomy, and Hegemony: Perspectives
on Law and the State, Annual Meeting, Law & Society Association, Madison, WI, June 8-11, 1989.
“On Hermeneutics and Constitutional Theory,” Panel on Conceptualizing Political Jurisprudence, Southwestern
Political Science Association, Little Rock, AK, March 29-April 1, 1989.
“Roundtable on Perspectives on New Constitutional Theory,” Annual Meeting, Midwest Political Science Association,
Chicago, IL, April 13-15, 1989.
“Science For Non-Science Majors,” Lecture to meeting of National Advisory Group of Sigma Xi - The
Scientific Research Society. Conference to Explore the Nature and Quality of Undergraduate Education in
Science, Mathematics, and Engineering, sponsored by the National Science Foundation and Johnson
Foundation, Racine, WI, January 23-26, 1989.
17
“Ely, Perry, Tribe, and Modern Constitutional Theory/Practice,” Panel on Constitutional Interpretation, Annual
Meeting, American Political Science Association, Washington, D.C., September 1-4, 1988.
“Polity and Rights Values in the Constitutional Theories of Tribe, Ely, Perry, and Choper,” Panel on Judicial Policy
Making, Annual Meeting, Law & Society Association, Vail, CO, June 9-12, 1988.
“The Constitution, Foreign Policy, and War Powers: Conflicts Between President and Congress,” Cleveland Council
on World Affairs, Cleveland, OH, January 13, 1988.
“How Do/Should We Teach about Equality and Law in Constitutional Law/Civil Liberties Courses,” Lecture and
Discussant, Conference on Equality: The Opportunities and Limits of Law, American Bar Association, College and
University Nonprofessional Legal Studies, Bedford, MA, April 28-30, 1988.
“Informal Mediation Structures in a College Setting,” Lecture and discussion group leader, National Conference on
Education and Mediation, American Bar Association, Standing Committee on Dispute Resolution, Washington, D.C.,
April 8-10, 1988.
“The Burger Court, Process and Rights Values, and the Religion Clauses of the First Amendment,” Panel on
Constitutional Interpretation, Annual Meeting, American Political Science Association, Chicago, IL, September 3-6,
1987.
“The Burger Court and Separation of Church and State,” Panel on The Politics and Jurisprudence of Constitutional
Interpretation, Annual Meeting, Law & Society Association, Washington, D.C., June 11-14, 1987.
“The Intersection of Process and Rights Values in the New Equal Protection,” Panel on Language, Doctrine, and
Equality, Law & Society Association Annual Meeting, Washington, D.C., June 11-14, 1987.
“The Intersection of Process and Rights Values in the New Equal Protection: The Burger/Rehnquist Court
in Transition,” Keynote Lecture, Gettysburg College Symposium on the Civil War Amendments,
Commemorating the Bicentennial of the United States Constitution, Gettysburg, PA, March 20-21, 1987.
“The Burger Court and Equal Protection of the Law: The Changing Intersection of Process and Rights
Values,” Panel on Equality and the Constitution, Annual Meeting, American Political Science Association,
Washington, D.C., August 28-31, 1986.
“Process and Rights Values: The Separation of Church and State in Burger Court Jurisprudence,” Panel on Politics,
Morality, and the Constitution, Annual Meeting, Law and Society Association, Chicago, IL, May 29-June 1, 1986.
“The Burger Court and the Separation of Church and State: Application of Process and Rights Values,”
Panel on a Critique of the Doctrinal and Decisional Dynamics of the Burger Court: The First Amendment and
Federalism Revisited, Annual Meeting, American Political Science Association, New Orleans, LA, August 29-
September 1, 1985.
“The Intersection of Polity and Rights Principles in Burger Court Jurisprudence: Religion, Individual Rights,
and Community Values,” Panel on Can the Center Hold?: The Burger Court and Individual Rights, Annual Meeting of
Law & Society Association, San Diego, CA, June 6-9, 1985.
“Rights, Process Values, Ideological Interests, and the Choice of Constitutional Principles: Towards a Social
Science of Jurisprudence that is Neither Scientism Nor Demystification,” Panel on Law as Ideology, Annual Meeting,
American Society for Legal History, Newark, NJ, October 19-20, 1984.
18
“The Intersection of Polity and Rights Principles: Federalism and State/Local Autonomy in Burger Court
Jurisprudence, With Some Reflections on the Founding Period,” Panel on Federalism and Individual Liberties, Annual
Meeting, American Political Science Association, Washington, D.C., August 30-September 4, 1984.
“The Choice of Constitutional Principles: Towards a Social Science of Jurisprudence that Is Neither Scientism nor
Demystification,” Annual Meeting, Law & Society Association, Boston, MA, June 7-10, 1984.
“The Consequences of Separating Constitutional Theory and the Analysis of Practice into Rights and ‘Process’
Formulations,” Annual Meeting, American Political Science Association, Chicago, IL, September 1-4, 1983.
“The Burger Court, Boundary Setting, and Local/State Government Power,” Annual Meeting, American Political
Science Association, New York, NY, September 3-6, 1981.
“Boundary Setting and Constitutional Law: Towards an Integrated Theory of Rights and Polity in Supreme Court
Decision-making,” Annual Meeting, Southern Political Science Association, Atlanta, GA, October 28-30, 1982.
“Political Change in America: Highway Politics and Reactive Policy Making,” Annual Meeting, Midwest Political
Science Association, Chicago, IL, April 19-22, 1979.
“Political Change and Police Accountability Politics: The Utility of the ‘Bureaucratic State’ Approach to the Decline
of the Political Machine,” Annual Meeting, Midwest Political Science Association, Chicago, IL, April 20-22, 1978.
“Police Accountability Politics in Chicago and New York: 1950-1975,” Lecture to Political Science Forum of
Northeastern Illinois University, Chicago, IL, May 27, 1976.
“Political Change and Police Accountability Politics in Machine Cities: Chicago, New York, and Philadelphia,”
Program on Law and Social Sciences, Northwestern University, Evanston, IL, April 1, 1976.
“Urban Reform and Police Accountability in New York City: 1950-74,” Political Science Forum, Kean College of
New Jersey, Union, NJ, March 13, 1975.
“Conflict Theory and Bureaucratic Change in Urban Politics: The Case of Police Accountability in New York City,
1953-70,” Annual Meeting of American Political Science Association, Washington, D.C., September 5-9, 1972.
“Concerning the Relationship of Political Authority Attitudes to Police Accountability Structures: The Case
of New York and Philadelphia,” American Political Science Association, New York City, NY, September 2-6, 1969.
OTHER SCHOLARLY AND PROFESSIONAL WORK
Organizer, Roundtable, Author Meets Critic: Ken I. Kersch, Constructing Civil Liberties Discontinuities In
Chair, and Development of American Constitutional Law, at 101st Annual Meeting, American Political
Participant Science Association, Washington, D.C., Sept. 1-4, 2005.
Roundtable on Gay Rights after Lawrence v. Texas (2003): The Supreme Court in American
Political Development, 2004 Annual Meeting, Western Political Science Association, Portland,
Oregon, March 11-23, 2004.
Roundtable on Nodes of Conflict in Law and American Political Development, Annual Meeting,
American Political Science Association, Philadelphia, PA, August 28-31, 2003.
19
Professional Development Committee Roundtable on Teaching Effectiveness in Varying Settings,
2003 Annual Meeting, Western Political Science Association, Denver, CO, March 27-29, 2003.
Professional Development Committee Roundtable on Mentoring Graduate Students for the Job
Market and in Their First Two Years on the Job, 2003 Annual Meeting, Western Political Science
Association, Denver, CO, March 27-29, 2003.
Panel: The Supreme Court in American Political Development: The Interplay of the Internal and
External, Annual Meeting, American Political Science Association, Boston, MA, August 29-
September 1, 2002.
Roundtable: The Interplay of Internal and External Influences on Supreme Court Decision- making,
Annual Meeting, Western Political Science Association, Long Beach, CA, March 22-24, 2002.
Panel: “How Can the WPSA Help the Professional Development of its Members?” Annual Meeting,
Western Political Science Association, Long Beach, CA, March 22-24, 2002.
Panel: “How Can the WPSA Help the Professional Development of its Members?” Annual Meeting,
Western Political Science Association, Las Vegas, NV, March 15-17, 2001.
Conference on Presidential Power in the Twenty-First Century, Case Western Reserve University
School of Law, Cleveland, OH, April 4-5, 1997.
Roundtable: The New (Historical) Institutionalism, Courts, and Social Change, Annual Meeting,
Western Political Science Association, Tucson, AZ, March 13-15, 1997.
Roundtable on Constitutional Theory and the Rights of Subordinated Groups, 1995 Annual Meeting,
American Political Science Association, Chicago, IL, August 31-September 3, 1995.
Roundtable on Social Facts and Constitutional Interpretation, 1995 Annual Meeting, Western
Political Science Association, Portland, OR, March 15-18, 1995.
Roundtable on Courts, the Counter-Majoritarian Difficulty, and Political Change, 1994 Annual
Meeting, American Political Science Association, New York, NY, September 1-4, 1994.
Chair Roundtable on the Welfarist Turn in Constitutional Theory, 101st Annual Meeting, American
Political Science Association, Washington, D.C., Sept. 1-4, 2005.
Roundtable: Author Meets Readers: Thomas Keck’s The Most Activist Court in History: The Road to
Modern Conservatism, Annual Meeting, Western Political Science Association, Oakland, CA, March
17-19, 2005.
Panel on Law and Culture, Annual Meeting, Western Political Science Association, Las Vegas, NV,
March 15-17, 2001.
Panel on Evolving Paradigms of American Constitutionalism, 1991 Annual Meeting, American
Political Science Association, Washington, D.C., August 29-September 1, 1991.
Panel on the Supreme Court, The Constitution, and The Court's Decisions, Annual Meeting,
American Political Science Association, Washington, D.C., August 28-31, 1986.
20
Panel on Courts, the Law, and Public Opinion, Annual Meeting, Law & Society Association,
Chicago, IL, May 29-June 1, 1986.
Panel on Police and Politics, Law & Society Association, Annual Meeting, Toronto, Canada, June 3-
6, 1982.
Panel on the Burger Court, Public Law Theory, and Our Cities. Annual Meeting, American Political
Science Association, New York City, NY, September 3-6, 1981.
Panel on the Impact of Bureaucrats on Urban Political Change, American Political Science
Association, Annual Meeting, Chicago, IL, September 2-5, 1976.
Chair and Panel on Presidential Power, the Constitution, and the Rule of Law, American Political Science
Discussant Association, Annual Meeting, Washington, D.C., September 2-5, 2010. Author Meets Critics Panel: Brian Tamanaha, On the Rule of Law, 2006 Annual Meeting,
New England Political Science Association, Portsmouth, NH, May 5-6. 2006.
Panel on Institutional Change in Political History: Courts, Parties and Bureaucracy, 2006 Annual
Meeting, Western Political Science Association, Albuquerque, NM, March 16-18, 2006.
Roundtable: The Law and American Political Development, 2005 Annual Meeting,
New England Political Science Association, Portland, Maine, April 29-30, 2005.
Panel on the Political Context of Judicial Activism, 100th
Annual Meeting,
American Political Science Association, Chicago, Ill. Sept. 2-5, 2004.
Panel on Civil Liberties: Then and Now, 62nd
Annual National Conference, Midwest Political
Science Association, Chicago, IL, April 15-18, 2004.
Panel on New Federalism, 2003 Annual Meeting, Western Political Science Association, Denver,
CO, March 27-29, 2003.
Panel on Antebellum Political Institutions and Ideology, 1999 Annual Meeting, Western
Political Science Association, Seattle, WA, March 25-27, 1999.
Discussant Panel on Law and Institutions in Time, 2008 Annual Meeting, American Political Science
Association, Boston, MA, August 28-31, 2008.
Poster Session 2, Division 26 on Law and Courts and Division 27, Constitutional Law and
Jurisprudence, Thursday, August 28, 20082008 Annual Meeting, American Political Science
Association, Boston, MA, August 28-31, 2008.
Panel on Supreme Court Decision-making and the History of American Political Development, 2007
Annual Meeting, American Political Science Association, Chicago, IL, Aug. 30-Sept. 2, 2007.
Panel on Development of the Supreme Court and Law, 2004 Annual Meeting, Western Political
Science Association, Portland, OR, March 11-23, 2004.
Panel on Courts and Religious Liberties, 2001 American Political Science Association, San
Francisco, CA., August 30-September 2, 2001.
21
Panel on Federal Appellate Courts, 1999 Annual Meeting, American Political Science Association,
Atlanta, GA, September 2-5, 1999.
Panel on the Constitution and Equal Protection: Doctrines, Challenges, and Controversies for
the 21st Century, Annual Meeting, American Political Science Association, Washington, D.C.,
August 28-August 31, 1997.
Panel on Inside the Rehnquist Court, Annual Meeting, American Political Science Association, New
York, NY, September 1-4, 1994.
Panel on Constitutional Interpretation and Judicial Power, American Political Science Association,
Annual Meeting, Washington, D.C., September 2-5, 1993.
Panel on Interpreting the Law, Annual Meeting, Midwest Political Science Association, Chicago, IL,
April 15-17, 1993.
Panel on Supreme Court, Civil Rights, and Civil Liberties, Annual Meeting, Midwest Political
Science Association, Chicago, IL, April 5-7, 1990.
Panel on Normative Theory in Law and Political Science, Annual Meeting, American Political
Science Association, Atlanta, GA, August 31-September 3, 1989.
Panel on New Wine in Old Bottles: Reinterpreting Constitutional Developments, Annual Meeting,
American Political Science Association, Chicago, IL, September 3-6, 1987.
Panel on Separation of Church and State, Midwest Political Science Association Annual Meeting,
Chicago, IL, April 8-11, 1987.
Panel on the Constitution and the Formation of Preferences, Annual Meeting, American Political
Science Association, August 29-30, 1986.
Panel on Ethnic Politics and Political Benefits, American Political Science Association, Annual
Meeting, Washington, D.C., August 28-30, 1980.
Panel on Dissent and Resistance in Bureaucratic and Professional Organizations, American Political
Science Association, Annual Meeting, New York, NY, August 31 - Sept. 3, 1978.
Symposium or Author Meets Readers Roundtable: Justin J. Wert’s Habeas Corpus in America: The Politics of
Roundtable Individual Rights, 2012 Annual Meeting, Midwest Political Science Association, Chicago, IL,
Participant April 12-14, 2012.
Roundtable: Do Ideas Make a Difference In American Constitutional Development?, American
Political Science Association, Annual Meeting, Washington, D.C., September 2-5, 2010.
Author Meet Readers Roundtable: Patricia Strach’s All in the Family and Kathleen Sullivan’s
Constitutional Context, 2008 Annual Meeting, American Political Science Association, Boston,
MA, August 28-31, 2008.
Roundtable: Justice Scalia and Conservatism on the Supreme on the Supreme Court, 2008 Annual
Meeting, Western Political Science Association, San Diego, CA, March 20-22, 2008.
Roundtable in honor of the publication of Kahn and Kersch, The Supreme Court and American
Political Development (Kansas, 2006), 2007 New England Political Science Association Annual
Meeting, Newton, MA, April 26-28, 2007.
22
Roundtable on Law and American Political Development, 2006 Annual Meeting, American Political
Science Association, Philadelphia, PA, August 31-September 3, 2006.
Panel on “The Constitution Restoration Act and Judicial Independence,” Symposium on Judicial
Independence and Judicial Accountability: Searching for the Rights Balance, Case-Western Reserve
Law School, January 27-28, 2006.
American Bar Association Conference of Directors of Undergraduate Legal Studies/Law and
Society Programs, Atlanta, GA, March 17-18, 1994.
Symposium: Religion and the Public Schools After Lee v. Weisman (1992), Case Western Reserve
University School of Law, Cleveland, OH, November 13-14, 1992.
Midwest Constitutional Law Teachers Conference, Northwestern University School of Law,
Evanston, IL, October 18-19, 1985.
Consultant Curriculum Reform to Political Science Departments: Illinois Wesleyan University, 2013;
Wake Forest College, 2009; University of St. Thomas, 2007; Emmanuel College, 2007; Manchester
College, 2006, Stetson University, 2004, 1992; Whittier College, 2000; Agnes Scott College, 1999;
Loras College, 1998; Elon College, 1998; Rogers Williams University, 1998; Washington College,
1996; Sewanee University of the South, 1993; Willamette University, 1991.
History and Political Science Editor, Holt, Rinehart, and Winston, Inc., on Political Science
Curricula, Fall 1988.
Final substantive editing of Walter F. Murphy, James E. Fleming, and William F. Harris,’ American
Constitutional Interpretation.
Ohio Humanities Council, Spring 1983, 1992.
Third Edition of Walter Murphy and C. Herman Pritchett, Courts, Judges, and Politics, Random
House, Inc., 1978, 1977.
Ohio Humanities Council Project, "We The People -- Community Forums on the
Constitution," (The Right to Equality: Quality Health Care & Education For All,
March 24,1988; The Right to Privacy: Surrogate Motherhood, Legal or Illegal,
April 7, 1988; and The Right to Justice: Selection of Judges -- What are the Criteria,
April 21, 1988.) Cuyahoga County Public Library, Middleburg Heights, OH.
Referee Scholarly journals: American Political Science Review; Law and Society Review;
Studies in American Political Development; Journal of Policy History; Legal Studies Forum;
Western Political Quarterly; Political Science Quarterly; Journal of Politics; Urban Affairs
Quarterly; Polity; P.S.: Political Science and Politics; The Annals of the American Academy of
Political & Social Science; Political Research Quarterly, Journal of Legal Education, Studies in
Law, Politics, and Society; Journal of Law and Courts
On personnel matters to Departments of Political Science: Hunter College, CUNY, 2008; DePaul
University, Chicago, 2010; University of Michigan, 2007, 2008; Yale University, 2006, 2007;
SUNY, Albany, 2006, 2009; Boston University, 2006; Drake University, 2004; Ohio University,
2004; Kent State University, 2013; Lewis and Clark College, 2003; Wake Forest University, 2002;
University of Oregon, 2002; Loyola Marymount University (Los Angeles), 2001; Washington State
23
University, 2001; University of Texas-Dallas, 1999; Swarthmore College, 1999; Boise State
University, 1999; Sewanee, University of the South, 1998; Albertson College, 1998; Lafayette
College, 1998, 1997; Wichita State University, 1997; Virginia Tech, 1997; St. Lawrence University,
1996; Ohio University, 1995; University of California at Irvine, 2013; University of Delaware, 2013;
University of Tulsa, 1995, 2013; New College, University of South Florida, 1995; University of
Southern California, 1994; Pennsylvania State University, 1994; Dartmouth College, 1993; Loyola
University of Chicago, 1989; University of Wisconsin, Madison, 1988; University of Washington,
Seattle, 1987; University of Massachusetts, Amherst, 1986; Pomona College, 1986; University of
Chicago, 1985; and to Board of Politics, University of California at Santa Cruz, 2003, 1986.
Book manuscripts: University of Chicago Press (2009), Cambridge University Press (2010, 2003,
2002, and 2000); Yale University Press (2011, 2007, 1994); New York University Press (2008);
Rowan and Littlefield, 2007,2003); Oxford University Press (2010, 2006, 2000,1996); Routledge
(2007); Harcourt College Publishers (2000); Simon and Schuster (1996); Brooks-Cole Publishing
(1984, 1982); University Press of Kansas (1990, 1991, 1994, 1995, 1997, 1998, 1999, 2000, 2004,
2007, 2008); University of Michigan Press (1984, 1996, 1999); Palgrave Macmillan Publishers (2013);
Princeton University Press (1992, 1993, 1994, 2008), Temple University Press (1983, 2004);
University of Wisconsin Press (1990); State University of New York Press (2000, 1995); Worth
Publishers (1996); University of South Carolina Press (2008); New York University Press (2008),
University of Virginia Press (2008); Aspen Law Publishers (2008).
National Science Foundation, Law and Social Science Division, 1990, 2000.
Examiner Honors Program, Department of Political Science, Swarthmore College (1997, 1998,
1999, 2002, 2008, 2012); Head Honors Examiner (2003).
External Ph.D. Committee, Rutgers University, New Brunswick, NJ, Tom Keck, “The
Member Supreme Court and Modern Constitutional Conservatism, 1954-1998,” (With Rutgers
Professors Susan Lawrence, Chair, Milton Heuman, and Michael Paris), 1998-1999.
ACADEMIC EXPERIENCE
2010-2011 Visiting Professor of Law, Brooklyn Law School
2007- Director, Oberlin Law Scholars Program, Oberlin College
2006-2007 Acting Chairman, Department of Politics, Oberlin College
Fall 2000 Acting Chairman, Department of Politics, Oberlin College
Winter-Spring 1999 Visiting Scholar, Department of Political Science, University of Washington
1997- James Monroe Professor of Politics and Law, Oberlin College
1995-1996 Senior Research Associate, Case Western Reserve Law School
1980- Chairman, Law and Society Major, Oberlin College
Spring, 1993 Acting Chairman, Department of Politics, Oberlin College
1986-1991 Chairman, Department of Politics, Oberlin College
1983-1996 Professor of Politics, Oberlin College
1969-1982 Instructor, Assistant, and Associate Professor of Government, Oberlin College
1975-1976 Visiting Assistant Professor and Research Associate, Department of Political
Science Northwestern University
1972-75, 77-79, 86-88 Chairman, Urban Studies Program, Oberlin College
COURSES
Political Change in America English Constitutional Law and Individual Rights
24
American Constitutional Law Urban Politics
Seminar: The First Amendment Studies in Electoral Politics
Seminar: Contemporary Constitutional Theory Conservation Movements in Britain
American Environmental Law Projects in Electoral Politics
American Political Development American Political Development
First Year Seminar: The First Amendment and the Internet
Seminar on Equal Protection and Implied Fundamental Rights
Law and the Supreme Court in American Political Development
Seminar on Constitutional Interpretation and Individual Rights
REFERENCES (additional names on request)
Professor Michael McCann Professor Rogers Smith
University of Washington Department of Political Science
Department of Political Science 217 Stiteler Hall
111 Gowen Hall, DO-30 University of Pennsylvania
Seattle, WA 98195 Philadelphia, Pennsylvania 19104-6215
Professor Marc Blecher Professor Walter F. Murphy
Department of Politics McCormick Professor of Jurisprudence (emeritus)
Oberlin College Department of Politics
Oberlin Ohio, 44074 Princeton University
Princeton, New Jersey 08544
File: Vita2013 (September)