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Robert L. Tsai ROBERT L. TSAI Professor of Law American University The Washington College of Law 4300 Nebraska Avenue, N.W. Washington, D.C. 20016 202.274.4370 [email protected] roberttsai.com EDUCATION J.D. Yale Law School, 1997 The Yale Law Journal, Editor, Volume 106 Yale Law and Policy Review, Editor, Volume 12 Honorable Mention for Oral Argument, Harlan Fiske Stone Prize Finals, 1996 Morris Tyler Moot Court of Appeals, Board of Directors Allard K. Lowenstein International Human Rights Clinic B.A. University of California, Los Angeles, History & Political Science, magna cum laude, 1993 Phi Beta Kappa Highest Departmental Honors (conferred by thesis committee) Carey McWilliams Award for Best Honors Thesis: Building the City on the Hilltop: A Socio-Political Study of Early Christianity ACADEMIC APPOINTMENTS Temple University, Beasley School of Law Clifford Scott Green Chair and Visiting Professor of Constitutional Law, Fall 2019 Courses: Fourteenth Amendment History and Practice, Presidential Leadership Over Individual Rights American University, The Washington College of Law Professor of Law, May 2009—Present Associate Professor of Law (with tenure), June 2008—May 2009 Courses: Constitutional Law, Criminal Procedure, Jurisprudence, Presidential Leadership and Individual Rights, The First Amendment University of Georgia Law School Visiting Professor, Semester in Washington Program, Spring & Fall 2012 Course: The American Presidency and Individual Rights University of Oregon School of Law Associate Professor of Law (with tenure), 2007-08 Assistant Professor, 2002-07 2008 Lorry I. Lokey University Award for Faculty Excellence (via nomination & peer review) 2007 Orlando John Hollis Faculty Teaching Award Courses: Constitutional Law, Federal Courts, Free Speech, Equality, Religious Freedom, Civil Rights Litigation Yale University, Department of History Teaching Fellow, 1996, 1997 CLERKSHIPS The Honorable Hugh H. Bownes, U.S. Court of Appeals for the First Circuit, 1998-99 The Honorable Denny Chin, U.S. District Court, Southern District of New York, 1997-98 (now on 2d Circuit) PUBLICATIONS BOOKS PRACTICAL EQUALITY: FORGING JUSTICE IN A DIVIDED NATION (W.W. Norton 2019) l Reviewed by Michigan Law Review, Constitutional Commentary, Law and Politics Book Review, Balkinization, International Examiner, Northwest Asian Weekly l Featured by The New Yorker, MSNBC’s Morning Joe, NPR’s Think, The American Scholar’s Smarty Pants Podcast, First Monday Podcast, Chris Riback’s Conversations, Ipse Dixit Podcast, Future Hindsight Podcast, Washington State Indivisible Podcast AMERICA’S FORGOTTEN CONSTITUTIONS: DEFIANT VISIONS OF POWER AND COMMUNITY (Harvard University Press 2014) l Reviewed by Harvard Law Review, Texas Law Review, Journal of American History, Tulsa Law Review, Daily Beast, Reason, Pop Matters l Reviews and news collected at www.americasforgottenconstitutions.blogspot.com ELOQUENCE AND REASON: CREATING A FIRST AMENDMENT CULTURE (Yale University Press 2008) l Reviews and news collected at www.eloquenceandreason.blogspot.com l “Highly recommended” by Choice. Also reviewed by Northwestern University Law Review, Perspectives on Politics, and H-Net LAW REVIEW ARTICLES Pragmatic Egalitarianism, MICHIGAN LAW REVIEW ONLINE __ (2020) (replying to Aziz Huq, Equality’s Understudies, 118 MICH. L. REV. __ (2020) (reviewing Practical Equality)) Racial Purges, 118 MICHIGAN LAW REVIEW __ (2020) (review essay based on Beth Lew-Williams, The Chinese Must Go! (Harvard 2018)) Manufactured Emergencies, 129 YALE LAW JOURNAL FORUM 350 (2020) (invited essay on national emergencies) Considerations of History and Purpose in Constitutional Borrowing, 28 WILLIAM & MARY BILL OF RIGHTS JOURNAL (forthcoming 2019) (symposium: Constitutional Rights: Intersections, Synergies, and Conflicts) Equality is a Brokered Idea, 87 GEORGE WASHINGTON LAW REVIEW ARGUENDO (2019) (analyzing Supreme Court’s census decision as an instance of practical egalitarianism) Immigration Unilateralism and American Ethno-nationalism, 50 LOYOLA UNIVERSITY CHICAGO LAW CHICAGO LAW JOURNAL (forthcoming 2019) (symposium: “Democracy in America: The Promise and the Perils”) The Hidden Costs of Dissent, 34 CONSTITUTIONAL COMMENTARY 489 (2019) (Responding to reviews of Practical Equality by Professors Franita Tolson (USC) & Nelson Tebbe (Cornell)) Partisan Gerrymandering: A Missed Opportunity for Equality By Other Means, HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW AMICUS (forthcoming 2019) Tsai — Page 2 Obama’s Conversion on Same-Sex Marriage: The Social Foundations of Individual Rights, 50 CONNECTICUT LAW REVIEW 1 (2018) A Tradition at War With Itself, 94 TEXAS LAW REVIEW SEE ALSO 60 (2016) (responding to Aziz Rana, The Many American Constitutions, 93 TEX. L. REV. 1163 (2015) (Review of AMERICA’S FORGOTTEN CONSTITUTIONS: DEFIANT VISIONS OF LAW AND COMMUNITY (2014)) Three Arguments About War, 30 CONSTITUTIONAL COMMENTARY 1 (2015) “Simple” Takes On the Supreme Court, 5 ALABAMA CIVIL RIGHTS & CIVIL LIBERTIES LAW REVIEW 35 (2013) John Brown’s Constitution, 51 BOSTON COLLEGE LAW REVIEW 151 (2010) The Ethics of Melancholy Citizenship, 89 OREGON LAW REVIEW 557 (2010) Constitutional Borrowing, 108 MICHIGAN LAW REVIEW 459 (2010) (with Nelson Tebbe) Reconsidering Gobitis: An Exercise in Presidential Leadership, 86 WASHINGTON UNIVERSITY LAW REVIEW 363 (2008) l Selected for 2008 Stanford/Yale Junior Faculty Forum in Constitutional History (Referees: Larry Kramer, William Nelson) Democracy’s Handmaid, 86 BOSTON UNIVERSITY LAW REVIEW 1 (2006) Sacred Visions of Law, 90 IOWA LAW REVIEW 1095 (2005) l Shortlisted for The Green Bag Almanac & Reader of Good Legal Writing 2006 Fire, Metaphor, and Constitutional Myth-Making, 93 GEORGETOWN LAW JOURNAL 181 (2004) l Selected for 2004 Stanford/Yale Junior Faculty Forum in Constitutional Theory (Referees: Kathleen Sullivan, Bruce Ackerman) l Shortlisted for The Green Bag Almanac & Reader of Good Legal Writing 2006 l Excerpted in Oregon Quarterly 9 (Autumn 2004) Speech and Strife, 67 LAW & CONTEMPORARY PROBLEMS 83 (Summer 2004) (invited paper for 2002 Public Law Conference, Duke University School of Law) Conceptualizing Constitutional Litigation as Anti-Government Expression: A Speech-Centered Theory of Court Access, 51 AMERICAN UNIVERSITY LAW REVIEW 835 (2002) BOOK CHAPTERS Supreme Court Precedent and the Politics of Repudiation, in Austin Sarat ed., LAW’S INFAMY (U. Mass. Press forthcoming 2020) (Amherst book series on Law, Jurisprudence, and Social Thought) Legal Language in Nineteenth Century America, in Nan Goodman & Simon Stern eds., ROUTLEDGE RESEARCH COMPANION TO NINETEENTH CENTURY AMERICAN LAW AND CULTURE (Routledge 2017) OTHER CONTRIBUTIONS Conclusion—The Migration of Legal Ideas: Legislative Design and the Lawmaking Process, in Nicola Lupo & Lucia Scaffardi, eds. COMPARATIVE LAW IN LEGISLATIVE DRAFTING: THE INCREASING IMPORTANCE OF DIALOGUE AMONGST PARLIAMENTS (Eleven Int’l Publ’g 2014) Tsai — Page 3 Introduction—The Politics of Hate, 10 JOURNAL OF HATE STUDIES 9 (2012) (Guest Editor) Chambers v. Florida, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, David S. Tanenhaus, ed. (New York: MacMillan Reference USA/Thomson-Gale 2008) First Amendment, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, David S. Tanenhaus, ed. (New York: MacMillan Reference USA/Thomson-Gale 2008) Public Forum, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, David S. Tanenhaus, ed. (New York: MacMillan Reference USA/Thomson-Gale 2008) BOOK REVIEWS Before America Burned, BOSTON REVIEW, Sept. 23, 2019 (reviewing Nicholas Buccola, The Fire is Upon Us (Princeton 2019)) What is Equality?, LOS ANGELES REVIEW OF BOOKS, Aug. 22, 2019 (essay based on books by Jeremy Waldron, T.M. Scanlon, Keri Leigh Merritt) Book Review, 106 JOURNAL OF AMERICAN HISTORY 423 (2019) (reviewing Fred Lee, Extraordinary Racial Politics (Temple 2018)) The Origins of Birthright Citizenship, BOSTON REVIEW, Nov. 9, 2018 (reviewing Martha S. Jones, Birthright Citizens: A History of Race and Rights in Antebellum America (Cambridge 2018)) Specter of a White Minority, LOS ANGELES REVIEW OF BOOKS, Sept. 3, 2018 Book Review, 104 JOURNAL OF AMERICAN HISTORY 179 (2017) (reviewing Nicholas Guyatt, Bind Us Apart: How Enlightened Americans Invented Racial Segregation (Basic 2016)) Book Review, 15 CONTEMPORARY POLITICAL THEORY e33 (2016) (reviewing Elizabeth Beaumont, The Civic Constitution: Civic Visions and Struggles in the Path Toward Constitutional Democracy (Oxford 2014)) Book Review, 102 JOURNAL OF AMERICAN HISTORY 523 (2015) (reviewing Zephyr Teachout, Corruption in America: From Ben Franklin’s Snuff Box to Citizens United (Harvard 2014)) The Language of Civic Republicanism, and Theory as Recipe, Online Symposium on James Fleming & Linda McClain, Ordered Liberty: Rights, Responsibilities, Virtues (Harvard 2012) <www.concurringopinions.com>. Book Review, 8 PERSPECTIVES ON POLITICS 1228 (2010) (reviewing Beau Breslin, From Words to Worlds (Johns Hopkins 2009)) Sovereignty as Discourse, 25 CONSTITUTIONAL COMMENTARY 157 (2008) (reviewing Howard Schweber, The Language of Liberal Constitutionalism (Cambridge 2007)) The System Worked: Our Schizophrenic Stance on Welfare, 106 YALE LAW JOURNAL 929 (1996) (reviewing Steven M. Teles, Whose Welfare: AFDC and Elite Politics (Kansas 1996)) WORKS IN PROGRESS UNCOMMON GRACE: THE LIFE AND TIMES OF STEPHEN B. BRIGHT, ADVOCATE FOR THE POOR (book manuscript) Tsai — Page 4 PURGED: HOW AMERICANS DECIDED TO EXPEL STRANGERS AND UNDESIRABLES (book manuscript) PRESIDENTIAL LEADERSHIP
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