Judicial Nomination Filibusters - Law Professors letter

John Bonine - Law jebonine at law.uoregon.edu
Sat Apr 9 14:05:47 PDT 2005


Dear colleagues,

U.S. Senate leaders are preparing to use what they have called the "nuclear
option," a tactic that, without gaining a 2/3 vote to change Senate rules,
would have Dick Cheney (as President of the Senate) rule that Supreme Court
or other federal judicial nominees cannot be filibustered.  

Continuing rules that have been in effect for decades allow filibusters to
be overridden only if 60 votes can be found to stop debate.  The "nuclear
option" would evade the rule through interpretation, without going to the
trouble of changing it, and would itself need only 50 votes plus Cheney's
vote to prevail.

Please consider the letter below from law professors, circulated by the
Alliance for Justice.  If you wish to be listed as a co-signer, contact
alikoff at afj.org (just click on this: mailto:alikoff at afj.org).  Please
consider forwarding this message to others and to other lists, so that they
may distribute it to others as well.  The current list is over 300 law
professors from 45 states.  

The deadline is COB April 13th, which means that further distribution to
others needs to take place immediately.  

More information, including testimony, bi-partisan opposition from current
and former Senators, George Will and other commentators, and over 275
editorials from 41 states and DC, is available at: 
http://www.earthjustice.org/policy/judicial/whats_new/index.html#filibuster 

Materials that I have found particularly interesting include:

http://www.earthjustice.org/policy/judicial/pdf/mcclure-wallop_WSJ_op-ed.pdf
(Wall Street Journal Op-Ed by Republican former Senators Jim McClure of
Idaho and Malcolm Wallop of Wyoming)

http://www.byrd.senate.gov/byrd_speeches/byrd_speeches_2005_march/byrd_speec
hes_03102005.html 

(a March 10, 2005, speech by Senator Robert Byrd) 
The link above will break upon e-mail transmission, so you must use cut and
paste to make it work)

TO RSVP or for questions, please contact:

Amy Likoff
Judicial Selection Project/Grassroots Program Associate
Alliance for Justice
11 Dupont Circle N.W.
Second Floor
Washington, DC 20036
Phone: (202) 822-6070
Fax: (202) 822-6068

alikoff at afj.org

www.afj.org  and www.independentjudiciary.org

		DRAFT LETTER

April __, 2005

The Honorable Bill Frist
Senate Majority Leader
509 Hart Senate Office Building
Washington, DC 20510

Dear Senator Frist:

We, the undersigned professors from law schools throughout the country, are
writing to express our opposition to any effort to eliminate the 200-year
old right to filibuster in the United States Senate.  We are deeply troubled
by your reported plan to dismantle one of the only protections for the
minority party, drastically weaken the Senate’s constitutionally recognized
duties of advice and consent, and rubber-stamp the President’s nominees for
the federal courts.  We urge you and your colleagues to protect the honored
traditions of the Senate and strive to work toward a spirit of
bipartisanship.  

The courts belong to all Americans, not just the party in power.  New
appointees will help decide, among many other things, the scope of the
constitutional right to privacy -- and nominees to the Supreme Court will
help decide whether that right will continue to be recognized at all --
whether the courts will continue to allow the federal government to protect
our air and water, and whether Americans can count on the enforcement of
laws that protect our civil rights.  Federal judges exercise an enormous
amount of power in the lives of ordinary Americans.  Further, the average
tenure of federal judges, who unlike executive branch appointments receive
lifetime terms, has steadily risen to 24 years.  This fundamental,
non-political branch of our democracy should not be at the center of a
partisan power grab. 

The Senate filibuster serves an important function in the checks and
balances system, preventing a partisan majority from running roughshod over
the minority party while promoting bipartisan compromise and moderation.  It
is a particularly important check when all three branches of government are
controlled by one party.  As part of the great compromise, the framers of
the Constitution designed the Senate to be a fundamentally
countermajoritarian institution.  Unlike the House of Representatives, each
state is represented by two Senators, regardless of its size.  This is
evidenced by the fact that the 55 Republican Senators represent 131 million
Americans while the 44 Democratic Senators represent 13 million more – 144
million.  Throughout American history, the Senate, with its longer terms and
rules of unlimited debate, has acted as a deliberative body to restrain the
impulses of the House and the actions of the President.  And since the
earliest days of the Republic, the right of extended debate has played an
integral part in the Senate’s historic role as restrainer – “an effective if
incalculable defense against oppression and overbearing authority.”  

The case for unlimited debate for judicial nominations is far stronger than
with respect to other nominations or legislation.  While non-judicial
appointments are intended to carry out the President’s policies, judges
constitute an independent third branch, designed to keep Congress and the
executive within constitutional bounds.  It is a fundamental and
indispensable element of our checks and balances system that judges should
not be partial to anyone.  Further, the fact that federal judges have
life-tenure and can exercise great power, accountable to no one, for several
decades, makes protecting the Senate minority’s right of extended debate on
judicial nominations especially vital.  The Senate’s decision to confirm is
practically irreversible, even when new information casts serious doubt on a
judge’s fitness to serve.  Such irreversibility and longevity are not true
of either non-judicial nominations or legislation 

To check the appointment powers of the President, the United States
Constitution assigns the Senate a critical co-equal role in the judicial
appointment process,.  This role is mandated by the founding fathers, and is
supported by history, documented by constitutional scholars, and recognized
by Republicans.  As Article II, Section 2 of the Constitution states, “[The
President of the United States] shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint . . . Judges of the Supreme Court,
and all other Officers of the United States.”  The framers, fresh with
memories of the abuses of King George III, intentionally designed a system
that divided the appointment power between the Senate and the President.
Republican Senator Strom Thurmond, in opposing the nomination of Abe Fortas
to be Chief Justice in 1968, explained the Senate’s co-equal role as
follows:

It is my opinion, further, that if the Senate will turn down this
nomination, we will thus indicate to the President and future Presidents
that we recognize our responsibility as Senators.  After all, this is a dual
responsibility.  The President merely picks or selects or chooses the
individual for a position of this kind, and the Senate has the
responsibility of probing into his character and integrity, and into his
philosophy, and determining whether or not he is a properly qualified person
to fill the particular position under consideration at the time.   

The founding fathers included the “advice and consent” clause not as a
rubber stamp, but with the intention that rejection of nominees was a very
real possibility.  This possibility has been recognized by Senators of both
parties.  For example, former Senate Judiciary Committee Chairman Orrin
Hatch commented that “conducting a fair confirmation process most assuredly
does not mean granting the president carte blanche in filling the federal
judiciary.” 

Senators of all political persuasions have used their
constitutionally-prescribed “advice and consent” authority to reject
judicial nominees.  Between 1789 and 1900, 20 of 85 Supreme Court nominees
did not make it to the bench – they were rejected, withdrawn or not acted
upon.  Delaying action and filibusters on federal court nominees has
precedent in more recent history as well.  Republicans blocked over 60 of
President Clinton’s nominees – often with a single senator, rather than the
substantial minority of 41 Senators that a successful filibuster requires.
Senate Republicans also have expressly acknowledged their right to
filibuster judicial nominations.  During a 2000 filibuster of two of
President Clinton’s nominees, Republican Senator Robert Smith of New
Hampshire declared, “Don’t . . . tell me that somehow I am violating the
Constitution of the United States of America by blocking a judge or
filibustering a judge I don’t think deserves to be on the court.  That is my
responsibility.  That is my advice and consent role, and I intend to
exercise it.”  

In the past, presidents have honored the Senate’s “advice” role by
consulting even Senators of the opposing party on judicial nominations.  For
example, when the Republican Party took control of the Senate in 1995,
President Clinton consulted Senate Judiciary Committee Chairman Orrin Hatch
in advance of any nomination, and withdrew nominations opposed by Republican
Senators, despite criticism from his own party.  In addition, Senator Hatch
has written that even though he belonged to the minority party in 1993-94,
President Clinton consulted with him to nominate Ruth Bader Ginsburg and
Stephen Breyer for the Supreme Court.  The Bush Administration has flatly
refused to engage in any such consultation.  

Despite current assertions to the contrary, there is no legal basis for the
suggestion that the use of filibusters in judicial nominations is
unconstitutional.  The Constitution does not say that a simple majority vote
is required for Senate confirmation of a nominee, and it does not guarantee
a vote on any nominee.  Rather, Article I, Section 5 of the Constitution
authorizes the Senate to determine its own rules of procedure, and Senate
Rule XXII requires 60 votes to end debate on legislation or nominations.
This tradition of requiring a super-majority to end debate reaches back to
our nation’s earliest days.  The idea that the majority party can
unilaterally change the rules in the “middle of the game” is undemocratic.
Further, if filibustering judicial nominees is unconstitutional, so are
other common Senate practices used to protect the rights of individual
Senators, such as the blue slip process and senatorial “holds.”
Republicans, who used these practices profligately during the Clinton
Administration, are not making that argument.

Elimination of the filibuster in regard to judicial nominations, dubbed the
“nuclear option,” would overturn the Senate’s 200 year check on recklessness
and would have disastrous consequences for our democracy.  As former
Republican Senate Majority Leader Howard Baker wrote in 1993, destroying the
right to filibuster, “would topple one of the pillars of American Democracy:
the protection of minority rights from majority rule.  The Senate is the
only body in the federal government where these minority rights are fully
and specifically protected.  It was designed for that purpose by America’s
Founders, who saw it, in Jefferson’s words, ‘as a saucer into which the
nation’s passions may be poured to cool.’”  

Over the past several years, there have already been significant damages to
the rights of the Senate minority and individual Senators.  For example, in
2003-04, Senator Hatch unilaterally changed several Judiciary Committee
rules that had protected the minority, dropping the blue slip requirement,
the requirement that at least one member of the minority party agree to vote
on a nominee if any Senator on the Committee objected to holding a vote, and
the “Strom Thurmond rule,” which prevented the Senate from considering
judicial nominees after the presidential nominating conventions.  Such
changes have led to an environment where the majority party has little
incentive to compromise and has left the minority with no means beyond the
filibuster to protect their sacred advice and consent duty.        

Invoking the nuclear option would also set a dangerous precedent.  The
Constitution is equally silent regarding the legitimacy of supermajorities
to end debate on legislation and judicial nominations.  Therefore, the same
arguments being used today to try to end filibusters on judicial nominees
can be used tomorrow to end filibusters on legislation.

We believe that filibusters on judicial nominations have been employed
judiciously and appropriately.  During President Bush’s first term, the
Senate confirmed 204 of his nominees, blocking only 10 of the most radical,
out of the mainstream picks.  In fact, President Bush has now appointed 24%
of all active federal judges, including 20% of all circuit judges.  Further,
despite claims to the contrary, the federal judiciary does not have a
vacancy crisis.  There are currently 43 vacancies in the federal
judiciary—much lower than the 100-plus vacancies that often existed during
the Clinton Administration.

We urge you to reaffirm the Senate’s constitutional role in the judicial
selection process and strongly oppose any efforts to eliminate the Senators’
right to filibuster.  It is important to remember that the pendulum swings,
and that the majority today will one day be the minority.  Rather than
creating chaos in the Senate and destroying the Senate’s honored traditions,
there is a clear solution to ending delays on nominations: consultation.
President Bush must stop trying to pack the courts with extremist nominees
and take seriously the “advice” portion of the advice and consent clause by
consulting with Senators from both parties to select moderate, consensus
candidates.  History proves that consultation produces an excellent federal
judiciary.  We urge you to strive to retain the crucial role the Senate
plays in selecting our nation’s federal judges.

		SIGNERS SO FAR

Mark Aaronson
Clinical Professor of Law
University of California Hastings College of Law

Melanie B. Abbott
Associate Professor of Law
Quinnipiac University School of Law

Richard L. Abel
Connell Professor of Law
UCLA School of Law

Khaled Abou El Fadl
Professor of Law
UCLA School of Law

Janet Cooper Alexander
Frederick I. Richman Professor of Law
Stanford Law School

Rebecca Brown Allen
Professor of Law
Vanderbilt University Law School

Diane Marie Amann
Visiting Professor of Law
UCLA School of Law

Anthony G. Amsterdam
Professor of Law
New York University School of Law

Mark F. Anderson
Associate Professor of Law
Temple University Beasley School of Law

Deborah Anker
Jeremiah Smith, Jr. Lecturer on Law
Harvard Law School

Annette R. Appell
Professor of Law & Associate Dean for Clinical Studies
University of Nevada William S. Boyd School of Law 

Elvia R. Arriola
Associate Professor of Law
Northern Illinois University School of Law

Frank Askin
Professor of Law
Rutgers Law School – Newark

Michael Avery
Associate Professor of Law
Suffolk Law School

Barbara Allen Babcock
Crown Professor of Law Emerita
Stanford Law School

James Francis Bailey, III
Professor of Law Emeritus
Indiana University School of Law

Elizabeth Bartholet
Morris Wasserstein Public Interest Professor of Law
Harvard Law School

Margaret Martin Barry
Associate Professor of Law
Catholic University Columbus School of Law

Linda M. Beale
Associate Professor of Law
University of Illinois College of Law

John S. Beckerman
Associate Dean for Academic Affairs
Rutgers University School of Law – Camden

Terri M. Beiner
Professor of Law
University of Arkansas at Little Rock William H. Bowen School of Law

George Bell
Clinical Professor of Law
University of Illinois College of Law

Leslie Bender
Board of Advisors Professor of Law
Syracuse University College of Law

Steve Berenson
Associate Professor of Law
Thomas Jefferson School of Law

Adele Bernhard
Associate Professor of Law
Pace Law School

Susan Bitensky
Professor of Law
Michigan State University College of Law

Susan Block-Lieb
Professor of Law
Fordham Law School

Robert M. Bloom
Professor of Law
Boston College Law School

Eric Blumenson
Professor of Law
Suffolk University Law School

Alfred W. Blumrosen
Thomas A. Cowan Professor of Law Emeritus
Rutgers School of Law Newark

Charles S. Bobis
Professor of Law
St. John’s University School of Law

John Charles Boger
Wade Edwards Professor of Law and Deputy Director of the Center for Civil
Rights 
University of North Carolina School of Law – Chapel Hill

John E. Bonine
Professor of Law
University of Oregon

Cynthia Bowman
Professor of Law
Northwestern University School of Law

Carolyn S. Bratt
W.L. Matthews Professor of Law
University of Kentucky College of Law

Katherine S. Broderick
Dean and Professor of Law
UDC Clarke School of Law

Mark S. Brodin
Professor of Law
Boston College Law School

Allan Brotsky
Professor of Law Emeritus
Golden Gate University School of Law

Darryl Brown
Visiting Professor of Law
University of Virginia Law School

Maryann Brown
Legal Writing Professor
Widener University School of Law

Elizabeth M. Bruch
Associate Professor of Law
Valparaiso University School of Law

Susan Bryant
Professor of Law
CUNY School of Law

Sande L. Buhai
Clinical Professor of Law
Loyola Law School

Lewis Burke
Professor of Law and Director of Clinics 
University of South Carolina School of Law

Scott Burris
James E. Beasley Professor of Law
Temple University Beasley School of Law

Robert Calhoun
Professor of Law
Golden Gate University School of Law

Janet Calvo
Professor of Law
CUNY School of Law

John J. Capowski
Associate Professor of Law
Widener University School of Law

William Carter
Associate Professor of Law
Case Western Reserve University School of Law

Cathleen Cavell
Adjunct Professor
Boston College Law School

David L. Chambers
Wade H. McCree Jr. Collegiate Professor Emeritus of Law
University of Michigan Law School

Frederick Tse-shyang Chen
Professor of Law
Quinnipiac University School of Law

Richard B. Child
Professor of Law
New England School of Law

William G. Childs
Assistant Professor of Law
Western New England College School of Law

Craig W. Christensen
Professor of Law
Southwestern University School of Law

Leroy D. Clark
Professor of Law
Catholic University Columbus School of Law

Stephen Clark
Associate Professor of Law
Albany Law School

Timothy L. Coggins
Associate Dean & Professor of Law
University of Richmond School of Law

Marjorie Cohn
Professor of Law
Thomas Jefferson School of Law

Nancy L. Cook
Associate Professor of Law
Roger Williams University School of Law

Lois Cox
Clinical Professor of Law
University of Iowa College of Law

Scott Cummings
Professor of Law
UCLA School of Law

Richard A. Daynard
Associate Dean for Academic Affairs and Professor of Law
Northeastern University School of Law

Connie de la Vega
Professor of Law
University of San Francisco School of Law

Victoria J. Dodd
Professor of Constitutional Law
Suffolk University Law School

Jane Dolkart
Visiting Professor of Law
American University Washington College of Law

Sharon Dolovich
Acting Professor of Law
UCLA School of Law

Michael Dorff
Professor of Law
Southwestern University School of Law

Norman Dorsen
Stokes Professor of Law
Counselor to the President of New York University
New York University School of Law

Robert F. Drinan, S.J.
Professor of Law
Georgetown University Law Center

Mary L. Dudziak
Judge Edward J. and Ruey L. Guirado Professor of Law and History
University of Southern California Law School

Don Duquette
Clinical Professor of Law 
Director of the Child Advocacy Law Clinic
University of Michigan Law School

Melvyn R. Durchslag
Professor of Law
Case Western Reserve University School of Law

Ronald Dworkin
Frank Henry Sommer Professor of Law
New York University School of Law

George E. Edwards
Professor of Law and Director of the Program in International Human Rights
Law
Indiana University School of Law – Indianapolis

Nancy Ehrenreich
Professor of Law
University of Denver Sturm College of Law

Deborah Ellis
Assistant Dean for Public Interest Law
New York University School of Law

Anne S. Emanuel
Associate Dean
Georgia State University College of Law

Sheri J. Engelken
Assistant Professor of Law
Gonzaga University School of Law

Jules Epstein
Visiting Professor of Law
Widener University School of Law

Marie A. Failinger
Professor of Law
Hamline University School of Law

Neal R. Feigenson
Professor of Law
Quinnipiac University School of Law

G. Michael Fenner
James L. Koley ’54 Professor of Constitutional Law
Creighton University School of Law

Zanita E. Fenton
Associate Professor of Law
Wayne State University Law School

Todd D. Fernow
Professor of Law
University of Connecticut School of Law

Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law

Catherine Fisk
Professor of Law
Duke University Law School

Denise D. Fort
Professor of Law
University of New Mexico School of Law

Sally Frank
Professor of Law
Drake University School of Law

Ann E. Freedman
Associate Professor of Law
Rutgers School of Law – Camden

Howard M. Friedman
Professor of Law
University of Toledo School of Law

Paul J. Galanti
Professor of Law Emeritus
Indiana University School of Law – Indianapolis

Mary Ellen Gale
Professor of Law 
Whittier Law School

Paula Galowitz
Clinical Professor of Law
New York University School of Law

Alan E. Garfield
Professor of Law
Widener University School of Law

Theresa Glennon
Professor of Law
Temple University Beasley School of Law

Howard A. Glickstein
Professor of Law and Dean Emeritus
Touro Law Center

Dale D. Goble
Margaret Wilson Schimke Distinguished Professor of Law
University of Idaho College of Law

Carole Goldberg
Professor of Law
UCLA School of Law

Michael J. Goldberg
Professor of Law
Widener University School of Law

Phyllis Goldfarb
Professor of Law
Boston College Law School

Alvin L. Goldman
Lafferty Professor of Law
University of Kentucky College of Law

Robert D. Goldstein
Professor of Law
UCLA School of Law

Victor M. Goode
Associate Professor of Law
CUNY School of Law

James W. Gordon
Professor of Law
Western New England College School of Law

Stuart P. Green
Professor of Law
Louisiana State University Law Center

Martin Guggenheim
Professor of Clinical Law
New York University School of Law

Phoebe A. Haddon
Professor of Law
Temple University Beasley School of Law

Joel F. Handler
Richard C. Maxwell Professor of Law
UCLA School of Law

Leora Harpaz
Professor of Law
Western New England College School of Law

Danielle Kie Hart
Professor of Law
Southwestern University School of Law

Bernadette W. Hartfield
Associate Professor of Law
Georgia State University College of Law

Emily Albrink Hartigan
Professor of Law
St. Mary’s University School of Law

Robert L. Hayman, Jr.
Professor of Law and H. Albert Young Fellow in Constitutional Law
Widener University School of Law

Joann Henderson
Professor of Law
University of Idaho College of Law

Lynne Henderson
Professor of Law
Boyd School of Law – University of Nevada Las Vegas

Renee Franklin Hill
Associate Dean
North Carolina Central University School of Law

Ingrid M. Hillinger
Professor of Law
Boston College Law School

Elizabeth L. Hillman
Associate Professor of Law
Rutgers School of Law – Camden

Bill Ong Hing
Professor of Law
University of California Davis School of Law

Barbara Hoffman
Legal Research and Writing Professor
Rutgers University Law School -- Newark

Wythe W. Holt
University Research Professor of Law
University of Alabama School of Law

Oliver Houck
Professor of Law
Tulane University Law School

Ruth-Arlene W. Howe
Professor of Law
Boston College Law School

Marsha C. Huie
Professor of Law
University of Tulsa College of Law

Sherrilyn Ifill
Associate Professor of Law
University of Maryland School of Law

Ann L. Iijima
Professor of Law
William Mitchell College of Law

Jane Johnson
Professor of Clinical Law
Tulane Law School

Paula C. Johnson
Professor of Law
Syracuse University College of Law

Craig Johnston
Professor of Law
Lewis and Clark Law School

Donald K. Joseph
Visiting Associate Professor of Law
Rutgers School of Law – Camden

Timothy Stoltzfus Jost
Robert L. Willett Family Professor of Law
Washington and Lee University School of Law

David Kairys
James E. Beasley Professor of Law
Temple University Beasley School of Law

Eileen Kaufman
Professor of Law
Touro Law Center

Robert A. Katz
Associate Professor of Law
Indiana University School of Law – Indianapolis

Gregory C. Keating
William T. Dalessi Professor of Law
University of Southern California Law School

Michael J. Kelly
Associate Professor of Law
Creighton University School of Law

Walter J. Kendall, III
Professor of Law
The John Marshall Law School

Neil Kinkopf
Associate Professor of Law
Georgia State University College of Law

Eleanor D. Kinney
Hall Render Professor of Law
Indiana University School of Law – Indianapolis

Kit Kinports
Professor of Law
University of Illinois College of Law

James M. Klebba
Victor H. Schiro Professor of Law
Loyola University New Orleans School of Law

Daniel T. Kobil
Professor of Law
Capital University Law School

Larry Krieger
Clinical Professor and Director of Clinical Externship Programs
Florida State University College of Law

Lewis Kurlantzick
Zephaniah Swift Professor of Law
University of Connecticut School of Law

James A. Kushner
Professor of Law
Southwestern University School of Law

Mae Kuykendall
Senior Associate Dean and Professor of Law
Michigan State University College of Law

Arthur LaFrance
Professor of Law
Lewis & Clark Law School

Robert E. Lancaster
Associate Clinical Professor of Law
Indiana University School of Law – Indianapolis

Sylvia A. Law
Elizabeth K. Dollard Professor of Law
New York University School of Law

Robert G. Lawson
Professor of Law
University of Kentucky College of Law

Hugh M. Lee
Director of the Civil and Elder Law Clinics
University of Alabama School of Law

Raleigh Hannah Levine
Associate Professor of Law
William Mitchell College of Law

Suzanne J. Levitt
Professor of Law and Executive Director of Clinical Programs
Drake University Law School

Christine A. Littleton
Professor of Law
Interim Director, Center for the Study of Women
UCLA School of Law

Stephen Loffredo
Professor of Law
City University of New York School of Law

Susan Looper-Friedman
Professor of Law
Capital University Law School 

Maria Pabon Lopez
Assistant Professor of Law
Indiana University School of Law – Indianapolis

William V. Luneburg
Professor of Law
University of Pittsburgh School of Law

Lois R. Lupica
Professor of Law
University of Maine School of Law

Mary L. Lyndon
Professor of Law
St. John’s University School of Law

David Lyons
Professor of Law
Boston University School of Law

James S. MacDonald
Professor of Law
University of Idaho College of Law

Hugh C. Macgill
Professor of Law
University of Connecticut School of Law

Raneta Lawson Mack
Professor of Law
Creighton University School of Law

Holly Maguigan
Professor of Clinical Law
New York University School of Law

Susan F. Mandiberg
Professor of Law
Lewis & Clark Law School

Karl Manheim
Professor of Law
Loyola Law School

Marsha M. Mansfield
Clinical Assistant Professor of Law
University of Wisconsin Law School

Kent Markus
Associate Professor of Law
Capital University Law School

Elizabeth Phillips Marsh
Professor of Law
Quinnipiac University School of Law

Lynn Martell
Clinical Professor of Law
New York University School of Law

Susan J. Martin
Professor of Law
Southwestern University School of Law

Martha McCluskey
Professor of Law
State University of NY at Buffalo Law School

James McGrath
Associate Professor of Law
Appalachian School of Law

M. Isabel Medina
Ferris Family Professor of Law
Loyola University New Orleans School of Law

Michael Meltsner
Matthews Distinguished University Professor of Law
Northeastern University School of Law

Saul Mendlovitz
Dag Hammarskjold Professor of Law
Rutgers School of Law -- Newark

Carrie Menkel-Meadow
Professor of Law
Georgetown University Law Center

Vanessa Merton
Associate Dean for Clinical Education and Professor of Law
Pace University School of Law

Binny Miller
Professor of Law
American University Washington College of Law

Elliott S. Milstein
Professor of Law
American University Washington College of Law

Joel A. Mintz
Professor of Law
Nova Southeastern University Law Center

Mary Harter Mitchell
Alan H. Cohen Professor of Law
Indiana University School of Law – Indianapolis

William B.T. Mock
Associate Dean for Academic Affairs
The John Marshall Law School

Margaret Montoya
Professor of Law
University of New Mexico School of Law

Scott Moss
Assistant Professor of Law
Marquette University Law School

Gregory S. Munro
Professor of Law and Director of Professional Skills
University of Montana School of Law

Jyoti Nanda
Lecturer in Law
UCLA School of Law

Reta Noblett-Feld
Clinical Law Professor
University of Iowa College of Law

Kimberly E. O’Leary
Professor of Law
Thomas Cooley Law School

Kevin Francis O’Neill
Associate Professor of Law
Cleveland-Marshall College of Law

Daniel Ortega
Research Professor of Law
Director, International Law Programs
University of New Mexico School of Law

Nancy K. Ota
Professor of Law
Albany Law School

Patrick Parenteau
Professor of Law
Director, Environmental and Natural Resources Law Clinic
Vermont Law School

Jeremy Paul
Thomas F. Gallivan, Jr. Professor of Law and Associate Dean for Research
University of Connecticut School of Law

Mark A. Peterson
Clinical Professor of Law
Lewis and Clark Law School

Zygmunt J.B. Plater
Professor of Law
Boston College Law School

Marc R. Poirier
Professor of Law
Seton Hall University School of Law

Malla Pollack
Visiting Associate Professor of Law
University of Idaho College of Law

Daniel H. Pollit
Professor of Law Emeritus
University of North Carolina School of Law

Anne Bowen Poulin
Professor of Law
Villanova University School of Law

Deborah Post
Professor of Law
Touro Law Center

Jamin Raskin
Professor of Law
American University Washington College of Law

Norman Redlich
Dean Emeritus
New York University School of Law

Judith Resnik
Arthur Liman Professor of Law
Yale Law School

Gary G. Roberts
Deputy Dean & Sumter Davis Marks Professor of Law
Tulane Law School

Heidi Gorovitz Robertson
Associate Professor of Law
Cleveland-Marshall College of Law

Reginald Leamon Robinson
Professor of Law
Howard Law School

Toni Robinson
Professor of Law
Quinnipiac University School of Law
 
Florence Wagman Roisman
Michael McCormick Professor of Law
Indiana University School of Law – Indianapolis

Thomas D. Rowe, Jr.
Elvin R. Latty Professor of Law
Duke University School of Law

Susan D. Rozelle
Assistant Professor of Law
Capital University Law School

Constance L. Rudnick
Professor of Law
Massachusetts School of Law

Herbert J. Sablove
Adjunct Professor of Law
Rutgers School of Law – Camden

Christopher L. Sagers
Assistant Professor of Law
Cleveland State University School of Law

Joyce Saltalamachia
Professor of Law
New York Law School

Kenneth Salzberg
Associate Professor of Law
Hamline University School of Law

Herman Schwartz
Professor of Law
American University Washington College of Law

Elizabeth Semel
Acting Clinical Professor of Law and Director of the Death Penalty Clinic
University of California at Berkeley School of Law

Jeffrey M. Shaman
St. Vincent de Paul Professor of Law
DePaul University College of Law

Peter M. Shane
Joseph S. Platt/Porter Wright Morris & Arthur Professor of Law
Ohio State University Moritz College of Law

Laurie Shanks
Clinical Professor of Law and Director of the Field Placement Project
Albany Law School

Katherine C. Sheehan
Professor of Law
Southwestern University School of Law

Danielle M. Shelton
Assistant Professor of Legal Writing
Drake University Law School

Melvin R. Shuster
Adjunct Professor of Law
Rutgers School of Law – Camden

Marjorie A. Silver
Professor of Law
Touro Law Center

Amy Sinden
Assistant Professor of Law
Temple University Beasley School of Law

Abbe Smith
Professor of Law
Co-Director, Criminal Justice Clinic
Georgetown University Law Center

Ralph S. Spritzer
Professor of Law
Arizona State University College of Law

Norman Stein 
Douglas Arant Professor of Law
University of Alabama School of Law

Norman H. Stein
Adjunct Professor of Law
American University Washington College of Law

Joseph L. Stone
Clinical Professor of Law & Director of the Business Law Clinic
Loyola University Chicago School of Law

John A. Strait
Associate Professor of Law
Seattle University School of Law

Mark Strasser
Professor of Law
Capital University Law School

Andrew Strauss
Professor of Law
Widener University School of Law

Beth Stephens
Professor of Law
Rutgers School of Law – Camden

Allen A. Sultan
Professor of Law
University of Dayton School of Law

Kim Taylor-Thompson
Professor of Clinical Law
New York University School of Law

Joseph R. Thome
Emeritus Professor of Law
University of Wisconsin Law School

Adam Thurschwell
Associate Professor of Law
Cleveland Marshall College of Law

Paul R. Tremblay
Clinical Professor of Law
Boston College Law School

Joseph B. Tulman
Professor of Law
University of the District of Columbia David A. Clarke School of Law

Rodney J. Uphoff
Associate Dean and Elwood Thomas Missouri Endowed Professor of Law
University of Missouri School of Law -- Columbia

Georgene Vairo
Professor of Law & William M. Rains Fellow
Loyola Law School

Reynaldo Anaya Valencia
Professor of Law
St. Mary’s University School of Law

Lawrence R. Velvel
Dean and Professor of Law
Massachusetts School of Law

Dominick Vetri
Kliks Professor of Law
University of Oregon School of Law

Adrienne Volenik
Clinical Professor of Law
University of Richmond School of Law

Rachel Vorspan
Associate Professor of Law
Fordham University School of Law

Rhonda Wasserman
Professor of Law
University of Pittsburgh School of Law

Janet Weinstein
Professor of Law
California Western School of Law

Deborah M. Weissman
Professor of Law and Director of Clinical Programs 
University of North Carolina at Chapel Hill School of Law

Welsh S. White 
Professor of Law
University of Pittsburgh School of Law

Lucy A. Williams
Professor of Law
Northeastern University School of Law

Richard J. Wilson
Professor of Law
American University Washington College of Law

Stephen Wizner
William O. Douglas Clinical Professor of Law
Yale Law School

Mark E. Wojcik
Associate Professor of Law and Director Global Legal Studies
The John Marshall Law School

William J. Woodward Jr.
Professor of Law
Temple University Beasley School of Law

Jennifer L. Wright
Associate Professor of Law
University of St. Thomas School of Law

Jonathan M. Zasloff
Professor of Law
UCLA School of Law

Maryann Zavez
Professor of Law
Vermont Law School

Rebecca E. Zietlow
Professor of Law
University of Toledo College of Law






More information about the Conlawprof mailing list