Professor Schmidt earned a J.D. from Harvard Law School, a Ph.D. in the history of American civilization and an M.A. in history from Harvard University, and a B.A. from Dartmouth College. While in law school, he served as executive articles editor for the Harvard Civil Rights-Civil Liberties Law Review. His current book project, titled Creating Brown v. Board of Education: Law, Ideology, and Constitutional Change, 1941-2007, examines the political and intellectual context behind the Supreme Court's landmark 1954 school desegregation decision and efforts of subsequent generations to redefine Brown's meaning and significance. He is also working on articles on topics that include the constitutional consequences of the student lunch counter sit-in movement of 1960, the Tea Party as a constitutional movement, and the role of government in the development of Major League Baseball. In fall 2011, Professor Schmidt began a three-year appointment as a faculty fellow at the American Bar Foundation. He is also an associate editor of Law & Social Inquiry. He has taught history at Dartmouth College and Phillips Academy in Andover, Mass. He has received fellowships from the American Society for Legal History, the Miller Center of Public Affairs at the University of Virginia, and the Center for American Political Studies at Harvard. Professor Schmidt joined the Chicago-Kent faculty in 2008. He teaches in the areas of constitutional law, legal history, comparative constitutional law, local government law, and sports law.
Legal History
Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement, Signposts: New Directions in Southern Legal History (2013)
Social Movements, Legal Change, and the Challenges of Writing Legal History (book review), Vanderbilt Law Review En Banc (2012)
This Essay identifies the key contributions that Tomiko-Brown Nagin’s Courage to Dissent makes to the...
The Tea Party and the Constitution, ExpressO (2011)
This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s...
Book Review, (reviewing Kevern Verney & Lee Sartain eds., Long Is the Way and Hard (2009)), Alabama Review (2011)
Book Review, (reviewing Mildred Wigfall Robinson & Richard J. Bonnie eds., Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education (2009)), Law and History Review (2010)
Civil Rights
Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement, Signposts: New Directions in Southern Legal History (2013)
Book Review (reviewing Anders Walker, The s Used BrowGhost of Jim Crow: How Southern Moderaten v. Board of Education to Stall Civil Rights) (2009), Continuity and Change (2010)
Constitutional Law
Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement, Signposts: New Directions in Southern Legal History (2013)
Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Decision (forthcoming) (with Mark D. Rosen), UCLA Law Review (2013)
The Tea Party and the Constitution, ExpressO (2011)
This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s...
Popular Constitutionalism on the Right: Lessons from the Tea Party (forthcoming) (symposium), Denver University Law Review (2011)