|Present||Faculty Member, Chicago-Kent College of Law|
The Fourteenth Amendment and the Transformation of Civil Rights The Journal of the Civil War Era (2020)
This article traces two genealogies of civil rights, one of a concept, the other a term. At the time of the drafting and ratification of the Fourteenth Amendment, the term civil rights became associated with a concept ...
Book Review )Reviewing Laura Kalman, The Long Reach of the Sixties: LBJ, Nixon, and the Making of the Contemporary Supreme Court) Law and History Review (2018)
Reviewing Laura Kalman, The Long Reach of the Sixties: LBJ, Nixon, and the Making of the Contemporary Supreme Court, New York: Oxford University Press, 2017 (ISBN: 978-0199958221)
Originalism and Congressional Power to Enforce the Fourteenth Amendment Washington and Lee Law Review Online (2018)
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits ...
Section 5's Forgotten Years: Congressional Power to Enforce the Fourteenth Amendment Before Katzenbach v. Morgan Northwestern University Law Review (2018)
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan. Justice Brennan’s 1966 opinion put forth the seemingly radical claim that Congress—through its power, based in Section 5 of the ...
Buchanan v. Warley and the Changing Meaning of Civil Rights Cumberland Law Review (2018)
Legal scholars and historians have long puzzled over what to make of Buchanan v. Warley, the 1917 Supreme Court decision striking down a Louisville residential segregation ordinance. A central point of dispute is whether we ...
The Forgotten Issue? The Supreme Court and the 2016 Presidential Campaign Chicago-Kent Law Review (2018)
This Article considers how presidential candidates use the Supreme Court as an issue in their election campaigns. I focus in particular on 2016, but I try to make sense of this extraordinary election by placing ...
Legal History and the Problem of the Long Civil Rights Movement Law & Social Inquiry (2016)
This essay offers a critical examination of use of the term “long civil rights movement” as a framework for understanding the legal history of the battle against racial inequality in twentieth‐century America. Proponents of the ...
The Civil Rights-Civil Liberties Divide Stanford Journal of Civil Rights and Civil Liberties (2016)
Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as protections against discriminatory treatment, the latter as freedom from oppressive government authority. This Article explains how this differentiation arose and ...
Book Review (Reviewing Charles L. Zelden, Thurgood Marshall: Race, Rights, and the Struggle for a More Perfect Union) Law and History Review (2015)
Book review of Charles L. Zelden, Thurgood Marshall: Race, Rights, and the Struggle for a More Perfect Union, New York: Routledge, 2013 (ISBN 978-0415506434).
Book Review (reviewing Cheryl Elizabeth Brown Wattle, A Step Toward Brown v. Board of Education: Ada Lois Sipuel Fisher and Her Fight to End Segregation (2014)) Kansas History (2015)
Book Review (reviewing Cheryl Elizabeth Brown Wattle, A Step Toward Brown v. Board of Education: Ada Lois Sipuel Fisher and Her Fight to End Segregation (2014))
Book Review (reviewing J. Douglas Smith, On Democracy's Doorstep: The Inside Story of How the Supreme Court Brought "One Person, One Vote" to the United States (2014)) Journal of Southern History (2015)
Book Review (reviewing J. Douglas Smith, On Democracy's Doorstep: The Inside Story of How the Supreme Court Brought "One Person, One Vote" to the United States (2014))