A member of the IIT Chicago-Kent faculty since 2008, Professor Schmidt teaches in the areas of constitutional law, legal history, comparative constitutional law, and sports law. He has written on a variety of topics, including the political and intellectual context surrounding the U.S. Supreme Court's landmark decision in Brown v. Board of Education, the Tea Party as a constitutional movement, how Supreme Court Justices communicate with the American people, the Supreme Court's decision in the health care case, and the rise of free agency in Major League Baseball. He is currently writing a book on the legal history of the student lunch counter sit-in movement of 1960. Professor Schmidt is also a faculty fellow at the American Bar Foundation, where he serves as the editor of Law & Social Inquiry. Professor Schmidt 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. His article "Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement" won the 2014 Association of American Law Schools' Scholarly Papers Competition. 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.
Beyond the Opinion: Supreme Court Justices and Extrajudicial Speech (symposium editor), Chicago-Kent Law Review (2013)
Book Review, George I. Lovell, This is Not Civil Rights: Discovering Rights Talk in 1939 America, Law & Society Review (2013)
Explaining the Baseball Revolution (forthcoming), Arizona State Law Journal (2013)
Introduction: The Supreme Court and the American Public (symposium editor with Carolyn Shapiro), Chicago-Kent Law Review (2013)
Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case (with Mark D. Rosen), UCLA Law Review (2013)
Crucial to the Court’s disposition in the constitutional challenge to the Affordable Care Act (ACA)...
Contributions to Books
American Legal History, 1920-1970, A Companion to American Legal History (2013)
Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement, Signposts: New Directions in Southern Legal History (2013)
John Montgomery Ward: The Lawyer Who Took on Baseball, Then & Now: Stories of Law and Progress (2013)
Hugo Black's Civil Rights Movement, Transformations in American Legal History: Essays in Honor of Professor Morton J. Horwitz (2009)
The Civil Rights-Civil Liberties Divide, ExpressO (2014)
Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as...