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Faculty
Mark Graber
Professor of Law and Government
Phone: (410) 706-2767
Fax: (410) 706-6644
E-mail:
Office: 354
AB, 1978, Dartmouth College
MA and PhD, 1986 and 1988, Yale University
JD, 1981, Columbia University Law School
Professor Graber has held a faculty position in the Department of Government and Politics at the University of Maryland, College Park since 1993 and has taught at the University of Maryland School of Law as an adjunct professor since the fall of 2002. Additionally, he has been one of the organizers of the Constitutional Law "Schmooze" held at the law school during the past two years. Beginning with the 2004-2005 school year, he has a joint appointment at the law school as professor of Government and Law.
Professor Graber is recognized as one of the leading scholars in the country on constitutional law and politics. He is the author of Rethinking Abortion (Princeton University Press) and Transforming Free Speech (University of California Press). His most recent book is Dred Scott and the Problem of Constitutional Evil (Cambridge University Press). Professor Graber is the author of scores of articles, including "Naked Land Transfers and American Constitutional Development", published in the Vanderbilt Law Review and “Resolving Political Questions into Judicial Questions: Tocqueville’s Aphorism Revisited", published by Constitutional Commentary. He will teach Constitutional Law and a Constitutional History seminar.
Books
Dred Scott and the Problem of Constitutional Evil (2006).
Marbury versus Madison: Documents and Commentary (2002) (with Michael Perhac).
Rethinking Abortion: Equal Choice, the Constitution, and Reproductive Politics (1996).
Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991).
Articles
Looking off the Ball: Constitutional Law and American Politics, Oxford Handbook on Public Law (forthcoming) [Full Text]
False Modesty: Felix Frankfurter and the Tradition of Judicial Restraint, 47 Washburn Law Journal 23 (2007) [Full Text]
Popular Constitutionalism, Judicial Supremacy, and the Complete Lincoln-Douglas Debates, 81 Chicago-Kent Law Review 923 (2006). [Full Text]
Enumeration and Other Constitutional Strategies for Protecting Rights: the View from 1787/1791, 9 University of Pennsylvania Journal of Constitutional Law 357 (2006). [Full Text]
Does it Really Matter? Conservative Courts in a Conservative Era, 75 Fordham Law Review 675 (2006). [Full Text]
Foreword: From the Countermajoritarian Difficulty to Juristocracy and the Political Construction of Judicial Power, 65 Maryland Law Review 1 (2006).
Legal, Strategic, or Legal Strategy: Deciding to Decide During the Civil War and Reconstruction, in The Supreme Court and American Political Development, (Ronald Kahn & Ken Kersch, eds. 2006). [Full Text]
The Right to Vote and Other ‘Anomalies:’ Protecting and Expanding Civil Liberties in Wartime, in At War with Civil Rights and Civil Liberties (John Stack & Thomas Baker, eds. 2006).
From Republic to Democracy : The Judiciary and the Political Process, in The Judicial Branch (Kermit Hall & Kevin McGuire, eds. 2005).
Lost and Not Yet Found: The New First Amendment, 14 The Good Society 19 (2005).
Settling the West: The Annexation of Texas, the Louisiana Purchase and Bush v. Gore, in The Louisiana Purchase and American Expansion 1803-1898 (Sanford Levinson & Bartholomew H. Sparrow eds., 2005).
Dred Scott as a Centrist Decision, 83 North Carolina Law Review 1229 (2005).
The Jacksonian Makings of the Taney Court (2005). [Full Text]
Bush v. Gore and the annexation of Texas, in The Louisiana Purchase and American Expansion (Bartholomew Sparrow & Sanford Levinson, eds. 2005).
Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching, 3 Perspectives on Politics 135 (2005). [Full Text]
Counterstories: Protecting and Expanding Civil Liberties in Times of War, in The Constitution in Wartime: Beyond Alarmism and Complacency (Mark Tushnet, ed. 2005). [Full Text]
Ancients, Moderns, and Guns, 12 William & Mary Bill of Rights Law Review 307 (2004). [Full Text]
Resolving Political Questions into Judicial Questions: Tocqueville's Thesis Revisited (2004). [Full Text]
Establishing Judicial Review: Marbury v. The Judiciary Act of 1789, 38 Tulsa Law Review 609 (2003).
Justice Thomas and the Perils of Amateur History, in Rehnquist Justice: Understanding the Court Dynamic (Earl Maltz, ed. 2003).
The Law and Politics of Judicial Review, in Separation of Powers: Documents and Commentary (Katy Harriger, ed. 2003).
Social Democracy and Constitutional Theory: An Institutional Perspective, 69 Fordham Law Review 1969 (2001). [Full Text]
Thick and Thin: Interdisciplinary Conversations on Populism, Law, Political Science, And Constitutional Change, 90 Georgetown Law Journal 233 (2001). [Full Text]
Naked Land Transfers and American Constitutional Development, 53 Vanderbilt Law Review 73 (2000). [Full Text]
The Jacksonian Origins of Chase Court Activism, 25 Journal of Supreme Court History 17 (2000).
Law and Sports Officiating: A Misunderstood and Justly Neglected Relationship, 16 Constitutional Commentary 293 (1999). [Full Text]
The Clintonification of American Law: Abortion, Welfare, and Liberal Constitutional Theory, 58 Ohio State Law Journal 731 (1997).
Desperately Ducking Slavery: Dred Scott and Contemporary Constitutional Theory, 14 Constitutional Commentary 271 (1997). [Full Text]
Conflicting Representations: Lani Guinier and James Madison on Electoral Systems, 13 Constitutional Commentary 291 (1996). [Full Text]
Old Wine in New Bottles: The Constitutional Status of Unconstitutional Speech, 48 Vanderbilt Law Review 349 (1995). [Full Text]
The Passive-Aggressive Virtues: Cohen v. Virginia and the Problematic Establishment of Judicial Power, 12 Constitutional Commentary 67 (1995). [Full Text]
Judicial Recantation, 45 Syracuse Law Review 807 (1994). [Full Text]
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", 10 Constitutional Commentary 87 (1993). [Full Text]
