Thomas Jefferson School of Law (San Diego): Professor of Law (since 2008); Associate Professor of Law (1999-2008); Assistant Professor of Law (1996-99); tenured 2002.
IIT Chicago-Kent College of Law (Chicago): Visiting Assistant Professor of Law (1994-96).
Courses Taught at TJSL:
The Constitutional Faith of Justice John Marshall Harlan the Elder: An Annotated Collection of His Most Important Supreme Court Opinions (co-editor with Michael Kent Curtis) (in development)
Nationalizing the Bill of Rights: The Rise, Fall, and Rise of the Fourteenth Amendment Incorporation Doctrine (in development pending the forthcoming publication of several portions as law review articles; see below)
Native American Sovereignty on Trial: A Handbook With Cases, Laws, and Documents (ABC-CLIO, 2003) (click here for more information)
Scholarly Publications (Articles):
Nationalizing the Bill of Rights: A Response to Akhil Amar's "Refined
Incorporation" Theory, With Particular Attention to the Establishment of
Religion Clause (in progress)
Nationalizing the Bill of Rights: The Curious Saga of the Rights of
Fair Notice and Just Compensation (in progress)
Nationalizing the Bill of Rights: Revisiting the Early Understandings
of the Fourteenth Amendment in 1873-77 (in progress)
Nationalizing the Bill of Rights: The Fourteenth Amendment, State Law
Variances, and State Constitutional Rights in 1868 (in progress)
Nationalizing the Bill of Rights: Equality, Freedmen, Civil Rights,
and Smoking Guns (in progress)
Nationalizing the Bill of Rights: The Judicial, Executive, and Legislative
Understandings of the Fourteenth Amendment in 1867-73 (in progress)
Forgotten Justice: Noah H. Swayne, Civil War, and Civil Rights (in
progress)
Nationalizing the Bill of Rights: Scholarship and Commentary on the
Fourteenth Amendment in 1867-73, 18 Journal of Contemporary Legal
Issues ____ (forthcoming 2009) (available here) (posted March 6, 2009)
How the Ninth Circuit Overruled a Century of Supreme Court Indian Jurisprudence---And
Has So Far Gotten Away With It, 2008 Michigan State Law Review
547 (2008) (available here)
Federal Labor Law, Tribal Sovereignty, and the Indian Law Canons of
Construction, 86 Oregon Law Review 413 (2007) (available here)
A Reply to Professor Thomas, 68 Ohio State Law Journal 1659
(2007) (available here)
(replying to George C. Thomas III, The Riddle of the Fourteenth Amendment:
A Response to Professor Wildenthal, 68 Ohio State Law Journal
1627 (2007), available here)
Nationalizing the Bill of Rights: Revisiting the Original Understanding
of the Fourteenth Amendment in 1866-67, 68 Ohio State Law Journal
1509 (2007) (available here)
Fighting the Lone Wolf Mentality: Twenty-First Century Reflections
on the Paradoxical State of American Indian Law, 38 Tulsa Law
Review 113 (2002) (available here)
The Road to Twining: Reassessing the Disincorporation of the Bill of Rights, 61 Ohio State Law Journal 1457 (2000) (available here)
The Lost Compromise: Reassessing the Early Understanding in Court and Congress on Incorporation of the Bill of Rights in the Fourteenth Amendment, 61 Ohio State Law Journal 1051 (2000) (available here)
To Say "I Do": Shahar v. Bowers, Same-Sex Marriage, and Public Employee Free Speech Rights, 15 Georgia State University Law Review 381 (1998) (available here)
The Right of Confrontation, Justice Scalia, and the Power and Limits of Textualism, 48 Washington and Lee Law Review 1323 (1991) (available here)
Judicial Philosophies in Collision: Justice Blackmun, Garcia, and the Tenth Amendment, 32 Arizona Law Review 749 (1990) (available here)
Note, State Parochialism, the Right to Travel, and the Privileges and
Immunities Clause of Article IV, 41 Stanford Law Review 1557
(1989) (available here)
Shorter Scholarly Publications:
Swayne, Noah Haynes, in The Yale Biographical Dictionary of
American Law 532 (Roger K. Newman ed., Yale University Press,
2009)
Amendments, Post-Civil War, in 1 Encyclopedia of the Supreme
Court of the United States 56 (5 vols., David S. Tanenhaus et al.
eds., Macmillan [Gale Cengage], 2008)
Incorporation Debate, in 2 Encyclopedia of the Supreme Court
of the United States 455 (5 vols., David S. Tanenhaus et al.
eds., Macmillan [Gale Cengage], 2008)
Miller, Samuel F., in 3 Encyclopedia of the Supreme Court of
the United States 290 (5 vols., David S. Tanenhaus et al. eds.,
Macmillan [Gale Cengage], 2008)
Shapiro v. Thompson, in 4 Encyclopedia of the Supreme Court of
the United States 395 (5 vols., David S. Tanenhaus et al. eds.,
Macmillan [Gale Cengage], 2008)
State Action, in 4 Encyclopedia of the Supreme Court of the United
States 452 (5 vols., David S. Tanenhaus et al. eds., Macmillan
[Gale Cengage], 2008)
Travel, in 5 Encyclopedia of the Supreme Court of the United
States 66 (5 vols., David S. Tanenhaus et al. eds., Macmillan
[Gale Cengage], 2008)
Book Review, Ronald M. Labbé & Jonathan Lurie, The
Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth
Amendment (University Press of Kansas, 2003), 91 Journal of American
History 1030 (2004)
American Indian Tribes Enter the New Millennium, reviewing Stephen
L. Pevar, The Rights of Indians and Tribes (Southern Illinois University
Press, 3d ed. 2002), 25 Thomas Jefferson Law Review 593 (2003)
(available here)
Book Review, Brian Edward Brown, Religion, Law, and the Land:
Native Americans and the Judicial Interpretation of Sacred Land (Greenwood,
1999), 16 Journal of Law and Religion 743 (2001) (available here)
Civil War Without End: The Sociology and Synergy of Law and History, reviewing Pamela Brandwein, Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth (Duke University Press, 1999), 2001 University of Illinois Law Review 629 (available here) (originally published online by American Society for Legal History, H-Law, Sept. 2000, available here)
How I Learned to Stop Worrying and Love the Slaughter-House Cases:
An Essay in Constitutional-Historical Revisionism, 23 Thomas
Jefferson Law Review 241 (2001) (available here)
Native American Religious Rights, in Religion and American Law: An Encyclopedia 330 (Paul Finkelman ed., Garland, 2000) (with Patrick M. O'Neil)
Selected Lectures, Conference Presentations, and Other Professional Activities:
Law Week Celebration, Lincoln Bicentennial, San Diego County Public Law
Library, "The Constitutional Legacy of Abraham Lincoln" (featured speaker),
San Diego, April 28, 2009
American Constitution Society, San Diego Lawyer Chapter, "How to Read the
Constitution: Constitutional Interpretation and the Reconstruction Amendments"
(speaker and panelist), California Western School of Law, San Diego, April
7, 2009
Symposium, The Fourteenth Amendment and the Bill of Rights: What Do We
Know? Why Does It Matter?, "Nationalizing the Bill of Rights: Scholarship
and Commentary on the Fourteenth Amendment in 1867-73" (speaker and panelist),
University of San Diego School of Law, Center for the Study of Constitutional
Originalism, Jan. 7, 2009 (also presented at Thomas Jefferson School of Law,
San Diego, Feb. 16, 2009)
Association of American Law Schools, Annual Meeting, Section on Indian
Nations and Indigenous Peoples, Labor and Employment Laws in Indian Country
(speaker and panelist), New York City, Jan. 5, 2008
California Indian Law Association, Annual Conference, California Indian
Law Update: 2007 Legislation and Case Law (panel moderator), Pechanga Resort
and Casino, Pechanga Indian Reservation, Temecula, Cal., Oct. 11, 2007
Annual Guest Lecturer on American Indian Law, San Diego City College (in
Prof. Lynne Christenson's course on California Indians), May 2002-07
Lecture, "Indian Sovereignty in America: Its Origins and Meaning Today,"
Continuing Education Center at Rancho Bernardo, San Diego, Feb. 23, 2006
Faculty Workshop Series, "Incorporation of the Bill of Rights Against
the States: The Never-Ending Debate" (speaker and panelist), Salmon P. Chase
College of Law, Northern Kentucky University, Highland Heights, Ky., Nov.
11, 2005
Judge, National Tribal Moot Court Competition, National Native American
Law Students Association, held in conjunction with California Indian
Law Association, Fifth Annual Indian Law Conference, UCLA School of Law,
Los Angeles, Feb. 12, 2005
Law and Humanities Institute, Conference on Law and the Humanities' Representation
of the Holocaust, Genocide, and Other Human Rights Violations, "The
Legacy of the American Genocide Against the Indians" (speaker and panelist),
Thomas Jefferson School of Law and Congregation Beth Israel, San Diego,
Jan. 17, 2005
Law and Humanities Institute, Law and Opera Salon: "The Case of the Amistad"
(speaker), Rancho Santa Fe, Cal., March 14, 2004
The Catfish Club, "The California Constitution and Same-Sex Marriage" (speaker
and panelist) San Diego, March 12, 2004
California Indian Law Association, Fourth Annual Indian Law Conference,
"Tribal-State-Local Government Relations" (panel moderator), California
Western School of Law, San Diego, Feb. 28, 2004
Southeastern Association of Law Schools, Annual Meeting, "Reconsidering
Slaughter-House" (speaker and panelist), Amelia Island, Fla.,
July 26, 2003
American Society for Legal History, Annual Meeting, "The Politics of Race
and Law: A Critical Look at the History of Federal Indian Law" (panelist
and commentator), San Diego, Nov. 9, 2002
Symposium on the Great Writ of Habeas Corpus and the Death Penalty (panelist
and commentator), Thomas Jefferson School of Law, San Diego, Nov. 7,
2002
Symposium: John Bingham and the Meaning of the Fourteenth Amendment, "Nationalizing
the Bill of Rights: Some Surprising Lessons From History" (speaker
and panelist), University of Akron School of Law, Center for Constitutional
Law, Akron, Ohio, Oct. 18, 2002
National Lawyers Guild, Human Rights and Global Wrongs Conference, "Gender Discrimination Issues" (speaker and panelist), Thomas Jefferson School of Law, San Diego, March 3, 2001
People-to-People Ambassador Programs, International Human and Civil Rights Law Delegation to the Republic of South Africa (member of American delegation of judges, attorneys, and law professors who met and conferred on constitutional and human rights issues with South African judges, attorneys, and law professors, including the South African Constitutional Court, South African Human Rights Commission, University of Cape Town Faculty of Law, Cape Town Women's Legal Centre, University of the Western Cape Community Law Centre, General Council of the Johannesburg Bar, and Johannesburg Legal Resources Centre), Cape Town and Johannesburg, South Africa, Oct. 7-14, 2000
National Lawyers Guild, Far West Regional Conference, "Confronting Hate Crimes" (speaker and panel moderator), Thomas Jefferson School of Law, San Diego, April 8, 2000
National Lawyers Guild, Annual Convention, "The Movement for Lesbian, Gay, Bisexual, and Transgender People's Liberation: Where Have All the Grassroots Gone?" (speaker and panelist on same-sex marriage and free speech), San Francisco, Oct. 16, 1999
Sixth Annual International Conference of Gay and Lesbian Criminal Justice Professionals, "Creating an Inclusive Work Environment" (speaker and workshop leader on discrimination, equal protection, and free speech issues affecting gay and lesbian public employees), San Diego, Sept. 16, 1999
National Lesbian and Gay Law Association, Lavender Law Conference (annual meeting), "To Say 'I Do': Shahar v. Bowers, Same-Sex Marriage, and Public Employee Free Speech Rights" (work-in-progress presentation), West Hollywood, Cal., Oct. 24, 1997 (also presented at Thomas Jefferson School of Law, San Diego, Nov. 10, 1997)
International Interdisciplinary Conference on Sex, Law, and Society, on the Tenth Anniversary of Bowers v. Hardwick, "Gay Rights, Marriage, and Politics" (speaker and panelist), John Marshall Law School, Chicago, March 14, 1996
Employment (Non-Academic):
Wilmer, Cutler & Pickering (now WilmerHale, Washington, D.C.): Associate (1992-94).
Chief Justice Michael F. Cavanagh, Michigan Supreme Court (Lansing, Mich.): Law Clerk (1990-92) (Justice Cavanagh served as Chief Justice 1991-95).
Judge Frank M. Johnson, Jr., U.S. Court of Appeals for the Eleventh Circuit (Montgomery, Ala.): Law Clerk (1989-90).
Minnesota State Attorney General's Office (St. Paul, Minn.): Law Clerk (Summer 1988).
Warner, Norcross & Judd (Grand Rapids, Mich.): Summer Associate (Summer 1987).
Education:
J.D. with Distinction, Stanford Law School, 1989 (Senior Editor, Stanford Law Review).
A.B. with Distinction and Departmental Honors (Political Science), Stanford University, 1986.
Stanford-in-Oxford Summer Focus Program on Anglo-American Law, Magdalen College, Oxford University, U.K., 1985 (credit toward A.B. at Stanford).
Diploma, Okemos High School, Okemos, Mich., 1982.
Bar Admissions:
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