|Present||Professor, Boston College Law School|
- Fall 2018: Constitutional Law: Rights & Equality, Originalism and Its Alternatives
- Spring 2019: Constitutional Law
Questioning Marks: Plurality Decisions and Precedential Constraint Stanford Law Review (2017)
Understanding the precedential significance of Supreme Court plurality decisions is a task that has long confounded the judges of the lower courts. Surprisingly, the Supreme Court has offered little direct guidance on this question apart ...
Due Process, Class Action Opt Outs, and the Right Not to Sue Columbia Law Review (2015)
Over the past three decades, the Supreme Court has repeatedly insisted that due process requires that absent class members be given an opportunity to opt out of a class action seeking predominantly money damages. The ...
Originalism and the Other Desegregation Decision Virginia Law Review (2013)
Critics of originalist approaches to constitutional interpretation often focus on the “intolerable” results that originalism would purportedly require. Although originalists have disputed many such claims, one contention that they have been famously unable to answer ...
The Ninth Amendment as a Rule of Construction Columbia Law Review (2011)
The past two decades have seen a wealth of scholarship addressed to recovering the original meaning of the Ninth Amendment. This scholarship has focused almost exclusively upon identifying the original meaning of the Amendment’s reference ...