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-1992
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Book
Conflict of Laws: Cases, Materials, and Problems
Louise Weinberg, Conflict of Laws: Cases, Materials, and Problems (New York: Matthew Bender, 2nd ed. 1992; 1st ed. 1990) (with David H. Vernon). -
Article
The Federal-State Conflict of Laws: "Actual" Conflicts
Louise Weinberg, The Federal-State Conflict of Laws: "Actual" Conflicts, 70 Texas Law Review 1743 (1992). <https://law.utexas.edu/faculty/lweinberg/fedstpub.pdf>
year-1991
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Article
Against Comity
Louise Weinberg, Against Comity, 80 Georgetown Law Journal 53 (1991). <https://law.utexas.edu/faculty/lweinberg/comitpub.pdf> -
Article
The Monroe Mystery Solved: Beyond the "Unhappy History" Theory of Civil Rights Litigation
Louise Weinberg, The Monroe Mystery Solved: Beyond the "Unhappy History" Theory of Civil Rights Litigation [Symposium: Federal Courts Symposium II], 1991 Brigham Young University Law Review 737 (1991). <https://law.utexas.edu/faculty/lweinberg/monropub.pdf> -
Article
Choosing Law: The Limitations Debates
Louise Weinberg, Choosing Law: The Limitations Debates, 1991 University of Illinois Law Review 683 (1991). <https://law.utexas.edu/faculty/lweinberg/limitspub.pdf>
year-1989
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Article
Irving Younger [In Memoriam]
Louise Weinberg, Irving Younger [In Memoriam], 73 Minnesota Law Review 797 (1989). <https://law.utexas.edu/faculty/lweinberg/youngerpub.pdf> -
Book Chapter
Introductory Remarks
Louise Weinberg, Introductory Remarks, in Artists in the Nineties, Proceedings of the Annual Meeting--Philosophical Society of Texas, 35 (Dallas: The Society, 1989). -
Article
Federal Common Law
Louise Weinberg, Federal Common Law, 83 Northwestern University Law Review 805 (1989). <https://law.utexas.edu/faculty/lweinberg/fclpub.pdf> -
Article
The Curious Notion That the Rules of Decision Act Blocks Supreme Federal Common Law [debate with M. Redish]
Louise Weinberg, The Curious Notion That the Rules of Decision Act Blocks Supreme Federal Common Law [debate with M. Redish], 83 Northwestern University Law Review 860 (1989). <https://law.utexas.edu/faculty/lweinberg/CURISPUB.pdf>
year-1988
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Other Publication
Federal Courts: Forum for Public Interest Litigation
Louise Weinberg, Federal Courts: Forum for Public Interest Litigation (4th Annual O'Neill Symposium on American Politics; Boston College, Boston, MA, Oct. 21, 1988). -
Other Publication
The Limitations Debates and the Impact of Wortman
Louise Weinberg, The Limitations Debates and the Impact of Wortman (AALS Workshop on the Conflict of Laws; Washington, DC, July 7-9, 1988). -
Article
The Place of Trial and the Law Applied: Overhauling Constitutional Theory [Symposium]
Louise Weinberg, The Place of Trial and the Law Applied: Overhauling Constitutional Theory [Symposium], 59 Colorado Law Review 67 (1988). <https://law.utexas.edu/faculty/lweinberg/PLTRIPUB.pdf> -
Book Chapter
Motion and Debate
Louise Weinberg, Motion and Debate, 65 American Law Institute Proceedings 329-333 (motion carried); Comments, 344-345 (1988).
year-1987
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Other Publication
Law as Design: Does Neatness Count?
Louise Weinberg, Law as Design: Does Neatness Count? (37th Annual International Design Conference; Aspen, CO, July, 1987). -
Other Publication
The Relation Between Jurisdiction and Choice of Law
Louise Weinberg, The Relation Between Jurisdiction and Choice of Law (AALS Section on Conflict of Laws; Los Angeles, CA, Jan. 1987).
year-1986
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Other Publication
Legal Theory and the Federal Common Law
Louise Weinberg, Legal Theory and the Federal Common Law (Symposium on Constitutional Commentaries; University of Texas School of Law, Austin, TX, Mar. 7, 1986).
year-1985
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Article
Bibliography, Recent Articles on the Conflict of Laws
Louise Weinberg, Bibliography, Recent Articles on the Conflict of Laws, Newsletter, AALS Committee on the Conflict of Laws, Dec.1985. -
Other Publication
Insights and Ironies
Louise Weinberg, Insights and Ironies (Bhopal Symposium; University of Texas School of Law, Austin, TX, Feb.6, 1985). -
Article
The New Judicial Federalism: Where We Are Now
Louise Weinberg, The New Judicial Federalism: Where We Are Now [Symposium: Federalism: Allocating Responsibility Between the Federal and State Courts], 19 Georgia Law Review 1075 (1985). <https://law.utexas.edu/faculty/lweinberg/NUNOWPUB.pdf> -
Article
Insights and Ironies: The American Bhopal Cases
Louise Weinberg, Insights and Ironies: The American Bhopal Cases [Symposium: The Bhopal Tragedy: Social and Legal Issues], 20 Texas International Law Journal 307 (1985). <https://law.utexas.edu/faculty/lweinberg/bhopal.pdf>