Louise L. Weinberg
- William B. Bates Chair for the Administration of Justice
- Professor Emeritus
Louise Weinberg, professor emeritus, is an expert in constitutional law, federal courts, and conflict of laws. She has taught at Harvard, Brandeis, Suffolk, and Stanford, and has received the Texas Exes' Excellence in Teaching Award. Professor Weinberg has served as a forum fellow of the World International Forum and has appeared in the Public Broadcasting System's four-part series, "The Supreme Court."
Featured Work
Louise Weinberg is holder of the Bates Chair and Professor of Law at the University of Texas School of Law. Weinberg teaches and writes in Constitutional Law. Federal Courts, and Conflict of Laws. She received her undergraduate degree summa from Cornell, was elected to Phi Beta Kappa, holds two Harvard Law degrees, and clerked for Judge Wyzanski. She practiced in Boston as an associate in litigation with Bingham Dana & Gould, later Bingham McCutchen. She has taught at Harvard, Brandeis, Suffolk, and Stanford, and has received the Texas Exes' Excellence in Teaching Award. At Texas she has revived Charles Alan Wright's famous Supreme Court Seminar. Weinberg is a member of the American Law Institute, and serves as an invited Adviser to the ALI Restatement (Third) of Conflict of Laws. Professor Weinberg has chaired three different AALS Sections, thrice chairing the Section on Federal Courts, twice chairing the Section on Conflict of Laws, and chairing the Section on Admiralty. A frequently invited public speaker, she has served as a Forum Fellow of the World International Forum, Davos. Recently she appeared in the Public Broadcasting System's four-part series, "The Supreme Court."
In the field of Constitutional Law Weinberg's writings include Sovereign Immunity and Interstate Government Tort, University of Michigan Journal of Law Reform (2020); Luther v. Borden, A Taney-Court Mystery Solved, Pace Law Review (2017); A General Theory of Governance: Due Process and Lawmaking Power, William & Mary Law Review (2013); Unlikely Beginnings of Modern Constitutional Thought, University of Pennsylvania Journal of Constitutional Law (2012); The McReynolds Mystery Solved, University of Denver Law Review (2011); An Almost Archeological Dig: Substantive Due Process, An Early View, Constitutional Commentary (2010); Dred Scott and the Crisis of 1860, Symposium, Chicago-Kent Law Review (2007); Our Marbury, Virginia Law Review (2003); and When Courts Decide Elections: The Constitutionality of Bush v. Gore, Symposium, Boston University Law Review (2002).
In the field of Federal Courts, Weinberg is author of Federal Courts: Judicial Federalism and Judicial Power (1994). Her recent work in the field includes Back to the Future: The New General Common Law, Symposium, Journal of Maritime Law and Commerce (2004); Of Sovereignty and Union: The Legends of Alden, Notre Dame Law Review (2001); and The Article III Box, Symposium, Texas Law Review (2000).
In the field of Conflict of Laws, Weinberg is co-author of The Conflict of Laws (2002). Her work in this field includes Age of Unreason: Rationality and the Regulatory State, 20 University of Michigan Journal of Law Reform 1 (2020) (forthcoming); A Radical Transformation for Conflicts Restatements, Symposium, Illinois Law Review (2015, pub. 2016 ); What We Don't Talk About When We Talk About Extraterritoriality, Symposium, Cornell Law Review (2015); and Theory Wars in the Conflict of Laws, Michigan Law Review (2005).
In the field of Legal Theory and Jurisprudence, Weinberg's writings include Of Theory and Theodicy: The Problem of Immoral Law, in Law and Justice in a Multistate World (2002) and Choosing Law, Giving Justice, Symposium, Louisiana Law Review (2000).
Weinberg is author of such classic articles as Our Marbury, Viriginia Law Review (2003), Federal Common Law, Northwestern Law Review (1989) and The New Judicial Federalism, Stanford Law Review (1977), and such provocative essays as Holmes' Failure, Michigan Law Review (1997) and Against Comity, Georgetown Law Journal (1991). She is a contributor to legal encyclopedias for the Oxford and Yale University Presses. Her pieces for the general public have appeared in The American Scholar, The Public Interest, and Daedalus.
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year-2020
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Article
Sovereign Immunity and Interstate Government Tort
Louise Weinberg, Sovereign Immunity and Interstate Government Tort, 54 University of Michigan Journal of Law Reform 1 (2020).
year-2019
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Article
Age of Unreason: Rationality and the Regulatory State
Louise Weinberg, Age of Unreason: Rationality and the Regulatory State, 53 University of Michigan Journal of Law Reform 1 (2019).
year-2017
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Article
Luther v. Martin: A Taney Court Mystery Solved
Louise L. Weinberg. “Luther v. Martin: A Taney Court Mystery Solved.” In 37 Pace Law Review, Page 700 (2017).
year-2016
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Article
A Radically Transformed Restatement for Conflicts
Louise Weinberg, A Radically Transformed Restatement for Conflicts, 2015 University of Illinois Law Review 1999. View article.
year-2014
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Article
What We Don't Talk About When We Talk About Extraterritoriality: Kiobel and the Conflict of Laws
Louise Weinberg, What We Don't Talk About When We Talk About Extraterritoriality: Kiobel and the Conflict of Laws [Symposium: Extraterritoriality], 99 Cornell Law Review 1471 (2014). View Article -
Article
Bill Richman
Louise Weinberg, Bill Richman, 45 University of Toledo Law Review 773 (2014).
year-2013
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Article
A General Theory of Governance: Due Process and Lawmaking Power
Louise Weinberg, A General Theory of Governance: Due Process and Lawmaking Power, 54 William & Mary Law Review 1057 (2013). View Article
year-2012
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Article
Unlikely Beginnings of Modern Constitutional Thought
Louise Weinberg, Unlikely Beginnings of Modern Constitutional Thought, 15 Journal of Constitutional Law 291 (2012). View Article
year-2011
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Book Chapter
Federal Common Law
Louise Weinberg, Federal Common Law, in Federalism by A.J. Bellia, ed. (New York: Aspen Publishers, 2011).
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Other Publication
Polyphonic Federalism
Louise Weinberg, "Polyphonic Federalism," Conference on Federalism and Its Future, University of Texas School of Law, Austin, February 12, 2011.
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Article
The McReynolds Mystery Solved
Louise Weinberg, The McReynolds Mystery Solved, 89 Denver University Law Review 133 (2011).
year-2010
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Article
An Almost Archeological Dig: Finding a Surprisingly Rich Early Understanding of Substantive Due Process
Louise Weinberg, An Almost Archeological Dig: Finding a Surprisingly Rich Early Understanding of Substantive Due Process, 27 Constitutional Commentary 163 (2010). <https://law.utexas.edu/faculty/lweinberg/archeological.pdf>
year-2009
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Book Chapter
Courts, United States Federal
Louise Weinberg, Courts, United States Federal, in 2 The Oxford International Encyclopedia of Legal History 255 (Stanley N. Katz ed.; Oxford: Oxford University Press, 2009).
year-2007
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Article
Overcoming Dred: A Counterfactual Analysis
Louise Weinberg, Overcoming Dred: A Counterfactual Analysis, 24 Constitutional Commentary 733 (2007). -
Article
Dred Scott and the Crisis of 1860
Louise Weinberg, Dred Scott and the Crisis of 1860, 182 Chicago-Kent Law Review 97 (2007). <https://law.utexas.edu/faculty/lweinberg/dred.pdf>
year-2005
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Book Review
Theory Wars in the Conflict of Laws
Louise Weinberg, Theory Wars in the Conflict of Laws, 103 Michigan Law Review 1631 (2005) (reviewing The American Choice-of-Law Revolution in the Courts: Today and Tomorrow, by Symeon C. Symeonides). <https://law.utexas.edu/faculty/lweinberg/THEORPUB.pdf>
year-2004
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Article
Back to the Future: The New General Common Law
Louise Weinberg, Back to the Future: The New General Common Law, 35 Journal of Maritime Law & Commerce 523 (2004). <https://law.utexas.edu/faculty/lweinberg/backpub.pdf>
year-2003
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Article
Our Marbury
Louise Weinberg, Our Marbury, 89 Virginia Law Review 1235 (2003). <https://law.utexas.edu/faculty/lweinberg/ourmarburypub.pdf>
year-2002
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Article
When Courts Decide Elections: The Constitutionality of Bush v. Gore
Louise Weinberg, When Courts Decide Elections: The Constitutionality of Bush v. Gore [Symposium: Federal Courts and Electoral Politics], 82 Boston University Law Review 609 (2002). <https://law.utexas.edu/faculty/lweinberg/bushvgore.pdf> -
Book Chapter
Motion and Debate
Louise Weinberg, Motion and Debate, 79 American Law Institute Proceedings 468-469, 481-483, 485-486 (2002).