Biographies of Participants
Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Professor Balkin received his Ph.D. in philosophy from Cambridge University, and his A.B. and J.D. degrees from Harvard University. He served as a clerk for Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit. He is a member of the American Academy of Arts and Sciences. Professor Balkin writes political and legal commentary at the weblog Balkinization. He is the founder and director of the Information Society Project at Yale Law School, an interdisciplinary center that studies law and the new information technologies. His books include Cultural Software: A Theory of Ideology, The Laws of Change: I Ching and the Philosophy of Life, Processes of Constitutional Decisionmaking (5th ed., with Brest, Levinson, Amar and Siegel), Legal Canons (with Sanford Levinson), What Brown v. Board of Education Should Have Said, and What Roe v. Wade Should Have Said.
Linda Bosniak, Distinguished Professor of Law at Rutgers Law School — Camden
Linda Bosniak is the author of The Citizen and The Alien: Dilemmas of Contemporary Membership (Princeton University Press, 2006). Her articles on citizenship, immigration, equality and globalization have appeared in journals including Theoretical Inquiries In Law, International Journal of Constitutional Law, Northwestern University Law Review, New York University Law Review, Indiana Journal of Global Legal Studies, and Social Text, and in numerous volumes of edited essays. She was a Law and Public Affairs Fellow and Visiting Professor at Princeton University in 2001-2002, and in 2003-2004, served as Acting Director of the Center for the Critical Analysis of Contemporary Scholarship at Rutgers University in New Brunswick (CCACC).
Jack Chin, professor at the University of Arizona, will join the faculty at UC Davis in the Fall
In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Justices cited his article, Effective Assistance of Counsel and the Consequences of Guilty Pleas, 87 CORN. L. REV. 697 (2002) (with Rick Holmes), five times in opinions agreeing that the Sixth Amendment required defense lawyers to advise clients about the possibility of deportation. His work on race and immigration includes The Unconstitutionality of State Regulation of Immigration through Criminal Law, Duke Law Journal. (forthcoming 2011) (with Marc Miller); Segregation’s Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA Law Review 1 (1998); and The Civil Rights Revolution Comes to Immigration Law: A New Look at the Immigration and Nationality Act of 1965, 75 North Carolina Law Review 273 (1996). A graduate of the Michigan and Yale law schools, he practiced with Skadden, Arps, Slate, Meagher & Flom and The Legal Aid Society of New York before entering teaching.
Justin Driver, Assistant Professor, University of Texas School of Law
Justin Driver joined the faculty of the University of Texas School of Law in 2009. Driver received his undergraduate degree from Brown University, a master's degree in teaching from Duke University, and a master's degree in modern history from Magdalen College, University of Oxford, where he studied as a Marshall Scholar. In 2004, he graduated from Harvard Law School, where he was an Articles Editor and Book Reviews Chair of the Harvard Law Review. Driver served as a law clerk to Judge Merrick B. Garland, United States Court of Appeals for the District of Columbia Circuit, and Justice Sandra Day O'Connor (ret.) and Justice Stephen Breyer, Supreme Court of the United States. His principal research interests include constitutional law and the intersection of race with legal institutions.
Driver's scholarly work is forthcoming in the following publications: Columbia Law Review, Georgetown Law Journal, Northwestern University Law Review, and Texas Law Review. In addition, his writing regularly appears in The New Republic, where he is a contributing editor.
Joseph R. Fishkin, Assistant Professor, University of Texas School of Law
Professor Fishkin's research and teaching interests include employment discrimination, election law, education law, constitutional law, torts, and distributive justice. He is particularly interested in questions of equality and equal opportunity at the intersection of law and political theory. His book manuscript, Opportunity Pluralism, is under contract with Oxford University Press. His article Equal Citizenship and the Individual Right to Vote will appear in the Indiana Law Journal in 2011.
Richard Thompson Ford, George E. Osborne Professor of Law, Stanford University
An expert on civil rights and anti-discrimination law, Richard Thompson Ford has distinguished himself as an insightful voice and compelling writer on questions of race and multiculturalism. His scholarship combines social criticism and legal analysis and he writes for both popular readers and for academic and legal specialists. His work has focused on the social and legal conflicts surrounding claims of discrimination, on the causes and effects of racial segregation, and on the use of territorial boundaries as instruments of social regulation. Methodologically, his work is at the intersection of critical theory and the law.
Before joining the Stanford Law School faculty in 1994, Professor Ford was a Reginald Lewis Fellow at Harvard Law School, a litigation associate with Morrison & Foerster, and a housing policy consultant for the City of Cambridge, Massachusetts. He has also been the Commissioner of the Housing Authority of San Francisco. He has written for the Washington Post, San Francisco Chronicle, Christian Science Monitor and for Slate, where he is a regular contributor to the Convictions legal blog. His latest book is The Race Card: How Bluffing About Bias Makes Race Relations Worse.
William E. Forbath, Lloyd M. Bentsen Chair in Law, University of Texas School of Law
Professor Forbath came to Texas in 1997 after more than a decade on the faculties of law and history at UCLA. Among the nation's leading legal and constitutional historians, he is the author of Law and the Shaping of the American Labor Movement (Harvard, 1991), the forthcoming Social and Economic Rights in the American Grain and Courting the State: Law in the Making of the Modern American State and about one hundred articles, book chapters, and essays on legal and constitutional history and theory. His scholarly work appears in Yale Law Journal, Harvard Law Review, Stanford Law Review, Law and Social Inquiry, and the Journal of American History; his journalism at Politico.com and in American Prospect and the Nation. His current research concerns social and economic rights in the courts and social movements of South Africa. Professor Forbath visited at Columbia Law School in 2001-02 and at Harvard Law School in 2008-09. He is on the Editorial Boards of Law & History, Law & Social Inquiry: Journal of the American Bar Foundation, and other journals, and on the Board of Directors of the American Society for Legal History, Texas Low-Income Housing Information Services, and other public interest organizations.
Cary C. Franklin, Assistant Professor, University of Texas School of Law
Professor Franklin's primary research interests are in the fields of constitutional law, antidiscrimination law, and legal history. She is particularly interested in the history of antidiscrimination law in the areas of sex and sexual orientation, and the ways in which this history influences legal conceptions of equality today. Her most recent publication, The Anti-Stereotyping Principle in Constitutional Sex Discrimination Law, NYU Law Review (2010), was awarded the Kathryn T. Preyer Prize by the American Society for Legal History.
Andrew Koppelman, John Paul Stevens Professor of Law and Professor of Political Science at Northwestern University
His scholarship focuses on issues at the intersection of law and political philosophy, including gay rights, antidiscrimination law, religious liberty, obscenity law, abortion, federalism, the regulation of recreational drugs, the theory of democracy, and the meaning of neutrality as a political ideal. He is the author of Religious Neutrality in American Law (Harvard University Press, forthcoming), A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (with Tobias Barrington Wolff, Yale University Press, 2009), Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press, 2006), The Gay Rights Question in Contemporary American Law (University of Chicago Press, 2002), Antidiscrimination Law and Social Equality (Yale University Press, 1996), which won a Myers Center Award, and more than 60 articles in books and scholarly journals. He is also an occasional contributor to the Balkinization blog.
Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas School of Law
Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. The author of over 250 articles and book reviews in professional and popular journals, Levinson is also the author of four books: Constitutional Faith (1988, winner of the Scribes Award); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); and, most recently, Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006). His edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (5th ed. 2006, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); and Torture: A Collection (2004, revised paperback edition, 2006), which includes reflections on the morality, law, and politics of torture from a variety of disciplinary perspectives. He has taught a course on "Torture, Law, and Lawyers" at the Harvard Law School. He is also a regular participant on the popular blog, Balkinization.
Angela K. Littwin, Assistant Professor, University of Texas School of Law
Angela Littwin's research and teaching interests include: bankruptcy, consumer, and commercial law as well as conducting empirical research. She has written two articles on credit and family economics. The first is Beyond Usury: A Study of Credit Card Use and Preference Among Low-Income Consumers, 86 Texas Law Rev 451 (2008). The second, Testing the Substitution Hypothesis: Would Credit Card Regulation Force Low-Income Borrowers Into Less Desirable Lending Alternatives?, is forthcoming in the Illinois Law Review. She is one of the principal investigators on the current Consumer Bankruptcy Project, which has been the leading study of consumer bankruptcy for the past 25 years. She is the principal investigator on the Bankruptcy Internet Data Project, a continually-refreshed data base of consumers who seek pre-bankruptcy credit counseling.
Melissa Murray, Assistant Professor of Law at the University of California, Berkeley
Professor Murray teaches Family Law and Criminal Law. Her research considers the roles that criminal law and family law play in articulating the legal parameters of intimate life. Murray is a graduate of Yale Law School, where she was a Shearman & Sterling /NAACP-LDF Scholar and the Notes Development Editor of the Yale Law Journal. Following law school, she clerked for Judge Stefan R. Underhill, of the District of Connecticut, and Judge Sonia Sotomayor, then of the United States Court of Appeals for the Second Circuit. In 2010, Murray was awarded the Association of American Law School’s Derrick A. Bell Award, which is given to a junior faculty member who has made an extraordinary contribution to legal education, the legal system, or social justice. Her recent publications include: Marriage as Punishment (112 Columbia Law Review __ (forthcoming 2012)), which was selected as a winner of the Association of American Law School’s 2010-11 Scholarly Papers Competition, Disestablishing the Family (119 Yale Law Journal 1236 (2010) (with A. Ristroph)), and Strange Bedfellows: Criminal Law, Family Law, and the Legal Regulation of Intimate Life (94 Iowa Law Review 1253 (2009)).
Doug NeJaime, Associate Professor of Law at Loyola Law School in Los Angeles
Prior to joining the Loyola faculty in 2009, he was the Sears Law Teaching Fellow at the Williams Institute at UCLA. NeJaime’s research focuses on law and social movements, cause lawyering, and antidiscrimination law, with an emphasis on sexual orientation discrimination. In 2008, he was honored with a Dukeminier Award, which recognizes the best sexual orientation and gender identity law scholarship published in the previous year. NeJaime has provided commentary on issues relating to sexual orientation and same-sex marriage to numerous press outlets, including the New York Times, L.A. Times, and NPR. He is a graduate of Brown University and Harvard Law School.
Michael Paris, Assistant Professor, Department of Political Science, College of Staten Island (CUNY)
Michael Paris holds a Ph.D. in Politics from Brandeis University (1998) and a J.D. from Columbia University (1986). His fields of specialization are American public law and legal studies, with a particular focus on education policy. His research is concerned with questions of distributive justice and the complex interplay of law and politics in struggles for social and political change. His recent book is Framing Equal Opportunity: Law and the Politics of School Finance Reform (Stanford University Press, 2010). Paris’s other publications include: "The Politics of Rights: Then and Now," Law and Social Inquiry, Vol. 31, Issue 4, Fall 2006, and "Legal Mobilization and the Politics of Reform: Lessons from School Finance Litigation in Kentucky," Law and Social Inquiry, Vol. 26, Issue 3, Summer 2001. Paris is working on a book project critically examining racial liberalism in the context of school desegregation efforts, with a particular focus on the Sheff v. O’Neill case in Connecticut.
Richard Primus, Professor of Law, University of Michigan and John Simon Guggenheim Memorial Foundation Fellow in Constitutional Studies
Richard Primus teaches the law, theory, and history of the U.S. Constitution. In the landmark 2009 Supreme Court case Ricci v. DeStefano, Justices in both the majority and the dissent cited his work. In 2008, he was awarded a Guggenheim Fellowship for his work on the relationship between history and constitutional interpretation. Primus graduated from Harvard College with an A.B., summa cum laude, in social studies. He then earned a D.Phil. in politics at Oxford, where he was a Rhodes Scholar and the Jowett Senior Scholar at Balliol College. After studying law at Yale, Primus clerked for Judge Guido Calabresi on the Second Circuit and for U.S. Supreme Court Justice Ruth Bader Ginsburg. He then practiced law at the Washington, D.C. office of Jenner & Block before joining the Michigan faculty in 2001. In 2010, he was awarded the L. Hart Wright Prize for Outstanding Teaching by the Law School Student Senate. He has taught as a visiting professor at Columbia Law School, New York University School of Law, and the University of Tokyo.
Cristina Rodríguez, Professor of Law, New York University School of Law
Professor Rodriguez is currently on leave to serve as Deputy Assistant Attorney General in the Office of Legal Counsel in the U.S. Department of Justice. Her fields of research and teaching include immigration law and citizenship theory; constitutional law and theory; and administrative law, and her recent writings include The Integrated Regime of Immigration Regulation (2011); Constraint through Delegation (2010); and Non-citizen voting and the extra-constitutional construction of the polity (2010). She is a non-resident fellow at the Migration Policy Institute in Washington, D.C. and a term member on the Council on Foreign Relations. Rodríguez has been a visiting professor at Yale and Harvard, and before arriving at NYU in 2004 she served as a law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit.
Lawrence Sager, Dean, University of Texas School of Law, John Jeffers Research Chair in Law, Alice Jane Drysdale Sheffield Regents Chair
Lawrence Sager is one of the nation's preeminent constitutional theorists and scholars. His appointment as Dean is widely regarded as an event of great promise for the School of Law. Dean Sager came to Texas from New York University School of Law, where he was the Robert B. McKay Professor and Co-Founder of the Program in Law, Philosophy & Social Theory. He has also taught at Harvard, Princeton, Boston University, UCLA, and the University of Michigan. Dean Sager is the author or co-author of dozens of articles, many now classics in the canon of legal scholarship. Sager is the author of two books: Justice in Plainclothes: a Theory of American Constitutional Practice (Yale University Press), and Religious Freedom and the Constitution (co-authored with Christopher Eisgruber) (Harvard University Press).
Richard Schragger, Professor of Law at the University of Virginia School of Law
Professor Schragger has taught since 2002. His scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy, and the constitutional and economic status of cities. He also writes about church-state issues. His publications include: The Relative Irrelevance of the Establishment Clause, 89 Texas Law Review 583 (2011), Decentralization and Development, 96 Virginia Law Review 1837 (2010), Rethinking the Theory and Practice of Local Economic Development, 77 Chicago Law Review 311 (2010), Mobile Capital, Local Economic Regulation, and the Democratic City, 123 Harvard Law Review 482 (2009), and The Role of the Local in the Doctrine and Discourse of Religious Liberty, 117 Harvard Law Review 1810 (2004). Schragger received his JD, magna cum laude, from Harvard Law School. He has been a visiting professor at the Georgetown, NYU, and Columbia law schools.
Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale University
Professor Siegel’s writing draws on legal history to explore questions of law and inequality, and to analyze how courts interact with representative government and popular movements in interpreting the Constitution. She is currently writing on the role of social movement conflict in guiding constitutional change, addressing this question in recent articles on the enforcement of Brown, originalism and the Second Amendment, the "de facto ERA," and reproductive rights. Her publications include Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court’s Ruling, (with Linda Greenhouse, 2010); The Constitution in 2020 (edited with Jack Balkin, 2009); Processes of Constitutional Decisionmaking (with Brest, Levinson, Balkin & Amar, 2006) and Directions in Sexual Harassment Law (edited with Catharine A. MacKinnon, 2004). Professor Siegel received her B.A., M.Phil, and J.D. from Yale University, clerked for Judge Spottswood Robinson on the D.C. Circuit, and began teaching at the University of California at Berkeley. She is a member of the American Academy of Arts and Sciences, and is active in the American Society for Legal History, the American Association of Law Schools, the American Constitution Society, in the national organization and as faculty advisor of Yale’s chapter.
Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law
Prior to moving to NYU, he was the inaugural Guido Calabresi Professor of Law and Deputy Dean of Intellectual Life at Yale Law School, where he taught from 1998 to 2008. He received his undergraduate degree from Harvard College, took a Rhodes Scholarship to Oxford University, and earned his law degree at Yale Law School. A specialist in constitutional law, antidiscrimination law, and law and literature, Yoshino has published in major academic journals, such as The Columbia Law Review, The Stanford Law Review, and The Yale Law Journal. He has also written extensively in other popular venues, such as the L.A. Times, the New York Times, and the Washington Post. He is a regular contributor to Slate, and a contributing editor to The Advocate. He has appeared on "The Charlie Rose Show," "The O'Reilly Factor," "Washington Journal", and "The Tavis Smiley Show," as well as a broad number of radio shows. His award-winning book, Covering: The Hidden Assault on Our Civil Rights (Random House 2006) has been chosen as the "first-year book" (the book read by incoming students as part of their orientation experience) by Pomona College, University of North Carolina, University of Richmond, and Virginia Commonwealth University. He is currently working on a book on Shakespeare and the Law to be published by Ecco Press, an imprint of HarperCollins.
Emily Zackin, Princeton University
Emily Zackin received her PhD from Princeton University in 2010. She will be an assistant professor at Hunter College of the City University of New York beginning in August of 2011. Emily has been a fellow at the Miller Center of Public Affairs at the University of Virginia and in Princeton University's Woodrow Wilson Society of Fellows. Her research interests include constitutional politics outside the courts, American political development, and American political thought. Her work has been published in Law and Society Review and Studies in American Political Development, and she is currently engaged in a book-length project about the United States' rights tradition and state constitutions.