Faculty
Mark Graber
Associate Dean for Research and Faculty Development and
Professor of Law and Government
Fax: (410) 706-6644
E-mail:
Office: 260B
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
American Constitutionalism: A New Introduction (forthcoming 2013).
American Constitutionalism: Volume I, Structures of Government (2012) (with Howard Gillman & Keith E. Whittington). [Abstract]
American Constitutionalism: Volume II, Rights and Liberties (2012) (with Howard Gillman & Keith E. Whittington). [Abstract]
Dred Scott and the Problem of Constitutional Evil (2006). [Abstract]
Marbury versus Madison: Documents and Commentary (2002) (with Michael Perhac). [Abstract]
Rethinking Abortion: Equal Choice, the Constitution, and Reproductive Politics (1996). [Abstract]
Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991). [Abstract]
Articles
The Coming Constitutional Yo-Yo?: Elite Opinion, Polarization, and the Direction of Judicial Decision Making, 56 Howard Law Journal (2013). [Full Text]
Redeeming and Living with Evil, 71 Maryland Law Review 1073 (2012). [Full Text]
Subtraction by Addition? The Thirteenth and Fourteenth Amendments, 112 Columbia Law Review 1501 (2012). [Full Text]
Hollow Hopes and Exaggerated Fears: The Canon/Anticanon in Context, 125 Harvard Law Review Forum 33 (2011) [Full Text]
Constitutional Democracy, Human Dignity, and Entrenched Evil, 38 Pepperdine Law Review 889 (2011). [Full Text]
Book Review: Selection Biases, 45 Tulsa Law Review 575 (2010) (with Sanford Levinson). [Full Text]
Introduction to Law's Allure Symposium: Law and Politics—An Old Distinction, New Problems, 35 Law & Social Inquiry 1025 (2010) [Full Text]
A Tale Told by a President, 28 Yale Law & Policy Review: Inter Alia 13 (2010). [Full Text]
Constitutional Fits, 41 Journal of Social Philosophy 194 (2010).
Constitutional Law and American Politics, in The Oxford Handbook of Law and Politics (Keith E. Whittington et al. eds., 2010). [Full Text]
John Brown, Abraham Lincoln, Dred Scott and the Problem of Constitutional Evil, in The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law 49 (David Thomas Konig et al. eds., 2010).
Running Cars, Constitutions and Metaphors into the Ground, 18 The Good Society 35 (2009). [Full Text]
Foreword: The Banality of Constitutional Evil, in Earl Maltz, The Constitution and Slavery (2009).
Foreword: Our Paradoxical Religion Clauses, 69 Maryland Law Review 8 (2009). [Full Text]
James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25, 88 Oregon Law Review 95 (2009). [Full Text]
The Price of Fame: Brown as Celebrity, 69 Ohio State Law Journal 939 (2008). [Full Text]
The Countermajoritarian Difficulty: From Congress to Courts to Constitutional Order, 4 Annual Reviews in Law and Social Science 361 (2008).
False Modesty: Felix Frankfurter and the Tradition of Judicial Restraint, 47 Washburn Law Journal 23 (2007) [Full Text]
Foreword: From the Countermajoritarian Difficulty to Juristocracy and the Political Construction of Judicial Power, 65 Maryland Law Review 1 (2006).
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]
Popular Constitutionalism, Judicial Supremacy, and the Complete Lincoln-Douglas Debates, 81 Chicago-Kent Law Review 923 (2006). [Full Text]
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).
Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching, 3 Perspectives on Politics 135 (2005). [Full Text]
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).
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]
Recent News featuring Mark Graber
May 20, 2013
Mark Graber, a professor at the University of Maryland’s School of Law, is quoted in, "Judge weighs motions that could result in dismissal of Abu Ghraib claims against CACI," in the Washington Post.
April 16, 2013
Mark Graber, an associate dean at the UM Carey School of Law, is quoted in the Baltimore Sun article, "High court rejects N.Y. gun challenge; no immediate Md. effect"
March 25, 2013
Mark Graber, associate dean and professor at the UM Carey School of Law, is interviewed on the segment, "Guns in Maryland" on the Midday program on WYPR-FM.
March 22, 2013
Mark Graber, an associate dean at the University of Maryland law school, is quoted in the Baltimore Sun story "Federal appellate court upholds Md. handgun permit laws."
February 8, 2013
University of Maryland School of Law Associate Dean Mark Graber is quoted in the Hagerstown Herald-Mail story "Opinions mixed on strikes against Americans abroad linked to terrorism."
February 7, 2013
Mark Graber, associate dean and professor at the UM Carey School of Law is quoted in the article, "Gun license 'tramples' the Constitution? Give us a break," in the Baltimore Sun.
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