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.
No publications or activities matching the current search and filters.
year-2002
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Book
Conflict of Laws: Cases, Materials, Problems
Louise Weinberg, Conflict of Laws: Cases, Materials, Problems (Newark, NJ: LexisNexis, 2nd ed. 2002) (with David Vernon, William Reynolds & William Richman). -
Article
This Activist Court
Louise Weinberg, This Activist Court, 1 Georgetown Journal of Law & Public Policy 111 (2002). <https://law.utexas.edu/faculty/lweinberg/thisactivist.pdf> -
Book Chapter
Motion and Debate
Louise Weinberg, Motion and Debate, 79 American Law Institute Proceedings 468-469, 481-483, 485-486 (2002).
year-2001
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Article
Of Sovereignty and Union: The Legends of Alden [Annual Federal Courts Issue]
Louise Weinberg, Of Sovereignty and Union: The Legends of Alden [Annual Federal Courts Issue], 76 Notre Dame Law Review 1113 (2001). <https://law.utexas.edu/faculty/lweinberg/aldenpub1.pdf>
year-2000
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Article
The Article III Box: The Power of "Congress" to Attack the "Jurisdiction" of "Federal Courts"
Louise Weinberg, The Article III Box: The Power of "Congress" to Attack the "Jurisdiction" of "Federal Courts" [Symposium: Restructuring Federal Courts], 78 Texas Law Review 1405 (2000). <https://law.utexas.edu/faculty/lweinberg/art3pub1.pdf> -
Article
Choosing Law, Giving Justice
Louise Weinberg, Choosing Law, Giving Justice [Symposium: Tribute to Symeon C. Symeonides], 60 Louisiana Law Review 1361 (2000). <https://law.utexas.edu/faculty/lweinberg/louisiana.pdf> -
Article
A Structural Revision of the Conflicts Restatement
Louise Weinberg, A Structural Revision of the Conflicts Restatement [Symposium: Preparing for the Next Century--A New Restatement of Conflicts?], 75 Indiana Law Journal 475 (2000). <https://law.utexas.edu/faculty/lweinberg/structural.pdf>
year-1998
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Other Publication
A Structural Revision of the Conflicts Restatement
Louise Weinberg, A Structural Revision of the Conflicts Restatement (AALS Section on the Conflict of Laws, Washington, DC, January 4, 1998).
year-1997
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Other Publication
The Slavery Cases
Louise Weinberg, The Slavery Cases (AALS Section on the Conflict of Laws; Washington, DC, Jan. 4, 1997). -
Article
Fear and Federalism
Louise Weinberg, Fear and Federalism [Symposium: Twentieth Annual Law Review Symposium: Fear and Federalism], 23 Ohio Northern University Law Review 1295 (1997). <https://law.utexas.edu/faculty/lweinberg/fearpub.pdf> -
Article
Methodological Interventions and the Slavery Cases; Or, Night-Thoughts of a Legal Realist
Louise Weinberg, Methodological Interventions and the Slavery Cases; Or, Night-Thoughts of a Legal Realist [Symposium: The Silver Anniversary of the Second Conflicts Restatement], 56 Maryland Law Review 1316 (1997). <https://law.utexas.edu/faculty/lweinberg/nightpub1.pdf> -
Article
Holmes' Failure
Louise Weinberg, Holmes' Failure, 96 Michigan Law Review 691 (1997). <https://law.utexas.edu/faculty/lweinberg/holmspub1.pdf>
year-1995
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Article
The Power of Congress Over Courts in Nonfederal Cases
Louise Weinberg, The Power of Congress Over Courts in Nonfederal Cases, 1995 Brigham Young University Law Review 731. <https://law.utexas.edu/faculty/lweinberg/powpub.pdf>
year-1994
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Book
Federal Courts: Cases and Comments on Judicial Federalism and Judicial Power
Louise Weinberg, Federal Courts: Cases and Comments on Judicial Federalism and Judicial Power (St. Paul: West, 1994; Supplements 1998-99, 1997, 1996 & 1995). -
Article
Political Questions and the Guarantee Clause [
Louise Weinberg, Political Questions and the Guarantee Clause [Ira C. Rothgerber, Jr. Conference on Constitutional Law: Guaranteeing a Republican Form of Government], 65 University of Colorado Law Review 887 (1994). <https://law.utexas.edu/faculty/lweinberg/polpub1.pdf>
year-1993
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Article
Is It All Right to Read Trollope?
Louise Weinberg, Is It All Right to Read Trollope?, 62 American Scholar 447 (1993). <https://law.utexas.edu/faculty/lweinberg/Trollope.pdf> -
Article
Mass Torts at the Neutral Forum: A Critical Analysis of the ALI's Proposed Choice Rule
Louise Weinberg, Mass Torts at the Neutral Forum: A Critical Analysis of the ALI's Proposed Choice Rule [Symposium: Symposium on Conflict of Laws: Celebrating the 30th Anniversary of Babcock v. Jackson], 56 Albany Law Review 807 (1993). <https://law.utexas.edu/faculty/lweinberg/masspub.pdf> -
Article
Motion and Debate
Louise Weinberg, Motion and Debate, 70 American Law Institute Proceedings 255, 262, 267-268, 274-275 (1993). [Reprinted in part, 54 Louisiana Law Review 837 (1994) by the review's editors as basis of a Symposium.]
year-1992
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Other Publication
The Federal-State Conflict of Laws
Louise Weinberg, The Federal-State Conflict of Laws (AALS Section on the Conflict of Laws; San Antonio, TX, Jan. 4, 1992). -
Book Chapter
Motion and Debate
Louise Weinberg, Motion and Debate, 69 American Law Institute Proceedings 211-216 (1992) (motion carried).