Michael Klarman
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Professor of History (2001)
James Monroe Distinguished Professor of Law (2003)
James Monroe Professor of Law (1987)
American Constitutional History, Contemporary Constitutional Law
Office Hours: N/A
Office: 345 Law
Phone: (434) 924-3771
Fax: (434) 924-7536
Education
B.A., M.A. University of Pennsylvania, 1980
J.D. Stanford Law School, 1983
D. Phil. Oxford University, 1988
Publications, Awards, and Activities
Articles
"Is the Supreme Court Sometimes Irrelevant?: Race and the Southern Criminal Justice System in the World War II Era" (forthcoming, Journal of American History 2002)
"How Great were the 'Great' Marshall Court Decisions?" (forthcoming, Virginia Law Review, Oct. 2001)
"The White Primary Cases: A Case Study in the Consequences of Supreme Court Decisionmaking" (forthcoming, Florida State University Law Review, Oct. 2001)
"Bush v. Gore Through the Lens of Constitutional History" (forthcoming, California Law Review, fall 2001)"The Racial Origins of Modern Criminal Procedure," 99 Michigan Law Review 48-97 (Oct. 2000)
"Rethinking the History of American Freedom," 42 William & Mary Law Review 265-88 (2000) (review essay of Eric Foner, The Story of American Freedom (1998))
"Constitutional Fetishism and the Clinton Impeachment Debate," 85 Virginia Law Review 631-59 (1999)
"The Plessy Era," 1998 Supreme Court Review 303-414 (1999)
"What's So Great About Constitutionalism?," 93 Northwestern University Law Review 145-94 (1998)
"Race and the Court in the Progressive Era," 51 Vanderbilt Law Review 881-952 (1998)
"Fidelity, Indeterminacy, and the Problem of Constitutional Evil," 65 Fordham Law Review 1739-56 (1997)
"Majoritarian Judicial Review: The Entrenchment Problem," 85 Georgetown Law Journal 491-553 (1997)
"Antifidelity," 70 Southern California Law Review 381-415 (1997)"Rethinking the Civil Rights and Civil Liberties Revolutions," 82 Virginia Law Review 1-67 (1996)
"Brown, Originalism, and Constitutional Theory: A Response to Professor McConnell," 81 Virginia Law Review 1881-1936 (1995)
"Civil Rights Law: Who Made It and How Much Did it Matter?" (Review of Mark Tushnet, Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 (1994)), 83 Georgetown Law Journal 433-59 (1994)
"How Brown Changed Race Relations: The Backlash Thesis," 81 Journal of American History 81-118 (June 1994)
"Brown v. Board of Education: Facts and Political Correctness," 80 Virginia Law Review 185-99 (1994)
"Brown, Racial Change, and the Civil Rights Movement," 80 Virginia Law Review 7-150 (1994)
"The Senate's Role in Supreme Court Appointments," 16 Virginia Law School Report 11-17 (winter 1992)
"Constitutional Fact/Constitutional Fiction: A Critique of Bruce Ackerman's Theory of Constitutional Moments," 44 Stanford Law Review 759-797 (1992)
"An Interpretive History of Modern Equal Protection," 90 Michigan Law Review 213-318 (1991)
"The Puzzling Resistance to Political Process Theory," 77 Virginia Law Review 747-832 (1991)
"The Trade Union Political Levy, the Osborne Judgment (1909), and the South Wales Miners' Federation," 15 Welsh History Review 34-57 (1990)
"The Judges Versus the Unions: The Development of British Labor Law, 1867-1913," 75 Virginia Law Review 1487-1602 (1989)
"Parliamentary Reversal of the Osborne Judgment," 32 The Historical Journal 893-924 (1989)
"Osborne: A Judgment Gone Too Far?," 103 English Historical Review 22-39 (1988)
Awards
State Council of Higher Education 1997 Outstanding Faculty Award University of Virginia Harrison Achievement Award, 1997
University of Virginia Outstanding Teacher Award, 1996-97
Inaugural Roger and Madeleine Traynor Faculty Achievement Award for Excellence in Legal Scholarship, 1996
Inaugural First Year Class Faculty Award for "distinguished teaching," 1991-92
Activities
American Society for Legal History
Current Research
I am nearing completion of a book on the Supreme Court, race and the Constitution in the 20th century. The book aims to integrate social and political history with legal history. It considers from both directions the relationship between sociopolitical context and court decisions.
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