Ian Bartrum teaches constitutional law at Boyd Law School at UNLV. His research interests include constitutional history and theory, and issues in law and religion. He has also taught at Drake Law School, Vermont Law School, and has served as the Irving Ribicoff Fellow at Yale Law School. He is a graduate of Hamilton College, Vermont Law School, and Yale Law School.
Religion
Nonpublic Reasons and Political Paradigm Change, St. John's Law Review (2011)
This article was a contribution to the 2010 Religious Legal Theory symposium held at St....
Salazar v. Buono: Sacred Symbolism and the Secular State, Northwestern University Law Review (2010)
This short piece discusses some doctrinal and theoretical implications of the Court's recent decision.
The Constitutional Canon As Argumentative Metonymy, William & Mary Bill of Rights Journal (2010)
This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine...
Same-Sex Marriage in the Heartland: The Case for Legislative Minimalism in Crafting Religious Exemptions, Michigan Law Review First Impressions (2009)
This commentary examines proposed religious exemptions to Iowa's nondiscrimination laws for those who oppose same-sex...
Pleasant Grove v. Summum: Losing the Battle to Win the War, Virginia Law Review In Brief (2009)
This short essay explores the long-term doctrinal implications of the Supreme Court's decision in Pleasant...
Legal History
Religion and Race: The Ministerial Exception Reexamined, Northwestern University Law Review Colloquy (2011)
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the...
Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10, Constitutional Commentary (2010)
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In...
The Constitutional Canon As Argumentative Metonymy, William & Mary Bill of Rights Journal (2010)
This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine...
The Political Origins of Secular Public Education: The New York City School Controversy, 1840-1842, NYU Journal of Law and Liberty (2008)
THE ORIGINS OF SECULAR PUBLIC EDUCATION: THE NEW YORK SCHOOL CONTROVERSY, 1840-1842 As the title...
Education Law
The Political Origins of Secular Public Education: The New York City School Controversy, 1840-1842, NYU Journal of Law and Liberty (2008)
THE ORIGINS OF SECULAR PUBLIC EDUCATION: THE NEW YORK SCHOOL CONTROVERSY, 1840-1842 As the title...
Constitutional Law
Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...
The Modalities of Constitutional Argument: A Primer, Readings in Persuasion: Briefs That Changed the World (2012)
This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That...
Religion and Race: The Ministerial Exception Reexamined, Northwestern University Law Review Colloquy (2011)
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the...
Constitutional Rights and Judicial Independence: Lessons from Iowa, Wash. U. L. Rev (2011)
Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the...
Nonpublic Reasons and Political Paradigm Change, St. John's Law Review (2011)
This article was a contribution to the 2010 Religious Legal Theory symposium held at St....
Civil Rights
Religion and Race: The Ministerial Exception Reexamined, Northwestern University Law Review Colloquy (2011)
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the...
Constitutional Rights and Judicial Independence: Lessons from Iowa, Wash. U. L. Rev (2011)
Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the...
The Constitutional Canon As Argumentative Metonymy, William & Mary Bill of Rights Journal (2010)
This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine...
Same-Sex Marriage in the Heartland: The Case for Legislative Minimalism in Crafting Religious Exemptions, Michigan Law Review First Impressions (2009)
This commentary examines proposed religious exemptions to Iowa's nondiscrimination laws for those who oppose same-sex...
The Constitutional Structure of Disestablishment, NYU Journal of Law and Liberty (2007)
This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method...
Constitutional Theory
Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...
The Modalities of Constitutional Argument: A Primer, Readings in Persuasion: Briefs That Changed the World (2012)
This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That...
Constitutional Rights and Judicial Independence: Lessons from Iowa, Wash. U. L. Rev (2011)
Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the...
Nonpublic Reasons and Political Paradigm Change, St. John's Law Review (2011)
This article was a contribution to the 2010 Religious Legal Theory symposium held at St....
Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10, Constitutional Commentary (2010)
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In...
Judicial Review
Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...
The Modalities of Constitutional Argument: A Primer, Readings in Persuasion: Briefs That Changed the World (2012)
This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That...
Constitutional Rights and Judicial Independence: Lessons from Iowa, Wash. U. L. Rev (2011)
Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the...
Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10, Constitutional Commentary (2010)
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In...
The Constitutional Canon As Argumentative Metonymy, William & Mary Bill of Rights Journal (2010)
This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine...
Establishment Clause
Religion and Race: The Ministerial Exception Reexamined, Northwestern University Law Review Colloquy (2011)
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the...
Salazar v. Buono: Sacred Symbolism and the Secular State, Northwestern University Law Review (2010)
This short piece discusses some doctrinal and theoretical implications of the Court's recent decision.
Pleasant Grove v. Summum: Losing the Battle to Win the War, Virginia Law Review In Brief (2009)
This short essay explores the long-term doctrinal implications of the Supreme Court's decision in Pleasant...
Jurisprudence
Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...
The Modalities of Constitutional Argument: A Primer, Readings in Persuasion: Briefs That Changed the World (2012)
This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That...
Nonpublic Reasons and Political Paradigm Change, St. John's Law Review (2011)
This article was a contribution to the 2010 Religious Legal Theory symposium held at St....
Thoughts On the Divergence of Contract and Promise, Canadian Journal of Law and Jurisprudence (2011)
This essay offers some brief thoughts on Seana Shiffrin's recent work regarding the divergence of...
Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10, Constitutional Commentary (2010)
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In...
Religious Legal Theory
Nonpublic Reasons and Political Paradigm Change, St. John's Law Review (2011)
This article was a contribution to the 2010 Religious Legal Theory symposium held at St....
Constitutional Argument
Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...
The Modalities of Constitutional Argument: A Primer, Readings in Persuasion: Briefs That Changed the World (2012)
This piece is a contribution to Linda Edwards upcoming book Readings In Persuasion: Briefs That...
Free Exercise Clause
Religion and Race: The Ministerial Exception Reexamined, Northwestern University Law Review Colloquy (2011)
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the...
Constitutional Law, Generally
Constitutional Value Judgments and Interpretive Theory Choice, ExpressO (2012)
Philip Bobbitt’s remarkable work describing the ‘modalities’ of constitutional argument is an immense contribution to...