David Bogen

T. Carroll Brown Scholar and Professor Emeritus of Law




(410) 706-7221


(410) 706-2184

Photo of David Bogen


  • BA, 1962, LLB 1965, Harvard University
  • LLM, 1967, New York University

Mr. Bogen became professor emeritus of law in 2006. His research interests are in constitutional law and legal history. He is currently working on materials for a Law and Indigenous Peoples course, and articles investigating litigation on racial discrimination aboard steamboats in the Chesapeake in the nineteenth century, and the use of essay computer exercises to teach law.

Mr. Bogen has been on the faculty at Maryland since 1969. He has been the T. Carroll Brown Scholar since 1993 and is the author of PRIVILEGES AND IMMUNITIES (Praeger Publishers, 2003) and other works. From 1992-94 and again in 1997-99 he served as Associate Dean for Academic Affairs. Mr. Bogen has been a visiting professor at California Western Law School and the University of Denver School of Law, the Harold Gill Reuschlein Visiting Professor at Villanova University Law School, a Parsons Research Fellow at the University of Sydney, a Visiting Scholar in New Zealand in residence at the Faculty of Law of Victoria University and the University of Otago, and a visiting scholar in Australia in residence at the Faculties of Law of Southern Cross University, the University of Adelaide, the University of New South Wales, Queensland University of Technology, and Murdoch University.


Privileges and Immunities: A Reference Guide to the United States Constitution (2003) Abstract

Bulwark of Liberty: The Court and the First Amendment (1984). Abstract

Book Chapters

Freedom of Speech in the United States Supreme Court, in Concepts of Freedom: 1776-1976, at 78 (Hans-Joachim Zimmerman ed., 1977).

Legal Developments in Public Sector Bargaining in Maryland, in Challenges in Public Sector Labor Relations 65 (Paul Weinstein ed., 1975).


Critical Review Examination System (CRES) Computer Assisted Student Self-Critique of Essay Question Answers, The Law Teacher, Fall 2012, at 26. Abstract

From Racial Discrimination to Separate but Equal: The Common Law Impact of the Thirteenth Amendment, 38 Ohio Northern University Law Review 117 (2011) Abstract

Rebuilding the Slaughter-House: the Cases' Support for Civil Rights, 42 Akron Law Review 1129 (2009). Abstract

Indigenous Peoples and the Law - Ancient Customs: Modern Dilemmas, The Verdict (Queensland Law Society), 2009, vol. 1, at 43. Abstract

Culture, Religion, and Indigenous People, 69 Maryland Law Review 48 (2009) (with Leslie F. Goldstein). Abstract

Mr. Justice Miller’s Clause: The Privileges or Immunities of Citizens of the United States Internationally, 56 Drake Law Review 1051 (2008). Abstract

Why the Supreme Court Lied in Plessy, 52 Villanova Law Review 101 (2007). Abstract

The Market Participant Doctrine and the Clear Statement Rule, 29 Seattle University Law Review 543 (2005). Abstract

Slaughter-House Five: Views of the Case, 55 Hastings Law Journal 333 (2004). Abstract

Precursors of Rosa Parks: Maryland Transportation Cases Between the Civil War and World War I, 63 Maryland Law Review 721 (2004). Abstract

Generally Applicable Laws and the First Amendment, 26 Southwestern University Law Review 201 (1997). Abstract

The Religion Clauses and Freedom of Speech in Australia and the United States: Incidental Restrictions and Generally Applicable Laws, 46 Drake Law Review 53 (1997). Abstract

The Innkeeper's Tale: The Legal Development of a Public Calling, 1996 Utah Law Review 51. Abstract

Telling the Truth and Paying for It: A Comparison of Two Cases -- Restrictions on Political Speech in Australia and Commercial Speech in the United States, 7 Indiana International and Comparative Law Review 111 (1996). Abstract

Comparing Implied and Express Constitutional Freedoms, 2 James Cook University Law Review 190 (1995). Abstract

Ignoring History: The Liability of Ships' Masters, Innkeepers and Stablekeepers Under Roman Law, 36 American Journal of Legal History 326 (1992). Abstract

The Maryland Context of Dred Scott: The Decline in the Legal Status of Maryland Free Blacks 1776-1810, 34 American Journal of Legal History 381 (1990). Abstract

The Privileges and Immunities Clause of Article IV, 37 Case Western Reserve Law Review 794 (1987). Abstract

The Transformation of the Fourteenth Amendment: Reflections from the Admission of Maryland's First Black Attorneys, 44 Maryland Law Review 939 (1986). Abstract

The Scandal of Smith and Buchanan: The Skeletons in the McCulloch vs. Maryland Closet, 9 Maryland Law Forum 125 (1985).

The Origins of Freedom of Speech and Press, 42 Maryland Law Review 429 (1983). Abstract

The Free Speech Metamorphosis of Mr. Justice Holmes, 11 Hofstra Law Review 97 (1982), reprinted in 15 United States Constitutional and Legal History: Civil Liberties in American History (Kermit Hall ed., 1987), and in 2 The Supreme Court in American Society (Kermit Hall, ed. 2000). Abstract

A Look at Labor Law in the Land Down Under: Industrial Relations in Australia, 41 Maryland Law Review 101 (1981). Abstract

Usery Limits on National Interest, 22 Arizona Law Review 753 (1980). Abstract

Standing Up for Flast: Taxpayer and Citizen Standing to Raise Constitutional Issues, 67 Kentucky Law Journal 147 (1979). Abstract

Balancing Freedom of Speech, 38 Maryland Law Review 387 (1979). Abstract

First Amendment Ancillary Doctrines, 37 Maryland Law Review 679 (1978). Abstract

The Supreme Court's Interpretation of the Guarantee of Freedom of Speech, 35 Maryland Law Review 555 (1976), reprinted in 2 The Bill of Rights and American Legal History (Paul L. Murphy ed., 1990), and in 6 The Supreme Court in American Society (Kermit Hall ed., 2000) Abstract

The Use of Racial Statistics in Fair Housing Cases, 34 Maryland Law Review 59 (1974) (with Richard Falcon). Abstract

The Hunting of the Shark: An Inquiry into the Limits of Congressional Power Under the Commerce Clause, 8 Wake Forest Law Review 187 (1972). Abstract

Evans v. Abney: Reverting to Segregation, 30 Maryland Law Review 226 (1970). Abstract

Human Rights in the United States: Two Decades' Development, 41 Revue Internationale de Droit Pénal 641 (1970). Abstract

The Law of Humanitarian Intervention: U.S. Policy in Cuba (1898) and in the Dominican Republic (1965), 7 Harvard International Law Journal 296 (1966). Abstract