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About the Author

Suzanna Sherry's work in the area of constitutional law has earned her national recognition as one of the most well-known scholars in the field. The author of more than 70 books and articles, she also writes extensively on federal courts and federal court procedures. After graduating from law school, Sherry was a clerk for the Honorable John C. Godbold of the United States Court of Appeals for the Fifth Circuit in Montgomery, Alabama, and then served as an associate with the law firm of Miller, Cassidy, Larroca & Lewin in Washington, D.C. She joined the Vanderbilt faculty in 2000 as the inaugural holder of the Cal Turner Chair, having previously served on the faculty of the University of Minnesota Law School since 1982. She was named to the Herman O. Loewenstein Chair in Law in 2006. She is a member of the American Law Institute, the American Society for Legal History and Phi Beta Kappa.







OTHER PUBLICATIONS

SCHOLARLY BOOKS:

Desperately Seeking Certainty: The Misguided Quest For Constitutional Foundations (University of Chicago Press, 2002) (with Daniel A. Farber)

Beyond All Reason: The Radical Assault on Truth in American Law (Oxford University Press, 1997) (with Daniel A. Farber)

TEXTBOOKS AND STUDENT MATERIALS:

Civil Procedure (2d ed., Foundation 2008) (with Thomas D. Rowe, Jr. and Jay Tidmarsh) and Annual Supplements

Federal Courts: Cases, Comments, and Questions (6th ed., West, 2006) (with Martin Redish) and Annual Supplements

A History of the American Constitution (2d ed., West 2005) (with Daniel A. Farber)

Civil Procedure Essentials (Aspen 2007) (with Jay Tidmarsh)

What Every Law Student Really Needs to Know: An Introduction to the Study of Law (Aspen, forthcoming 2009) (with Tracey E. George)

ARTICLES:

“Building a Better Judiciary,” in The Psychology of Judicial Decision-Making, edited by David Klein & Gregory Mitchell (Oxford University Press, forthcoming 2009) (with Daniel A. Farber)

“Habeas Corpus and Sentencing Reform: A Story of Unintended Consequences,” 58 Duke L.J. 1 (2008) (with Nancy J. King)
“The First Amendment and the Freedom to Differ,” in The Bill of Rights in Modern America, edited by David J. Bodenhamer & James W. Ely, Jr. (Indiana University Press, revised & expanded ed., 2008)

“Overruling Erie: Nationwide Class Actions and National Common Law,” 156 U. Pa. L. Rev. 2135 (2008)

“Originalism and Unenumerated Rights,” in Originalism: A Quarter-Century of Debate, edited by Steven G. Calabresi (Regnery Pub. 2007)

“Democracy and the Death of Knowledge,” 75 U. Cincinnati L. Rev. 1053 (2007) (William Howard Taft Lecture)

“Logic Without Experience: The Problem of Federal Appellate Courts,” 82 Notre Dame L. Rev. 97 (2006)

“Politics and Judgment,” 70 Missouri L. Rev. 937 (2005)

“The Intellectual Background of Marbury v. Madison,” in Arguing Marbury v. Madison, edited by Mark Tushnet (Stanford Univ. Press, 2005)

“Hard Cases Make Good Judges,” 99 Nw. U. L. Rev. 3 (2004)

“What=s Law Got to Do With It?” 2 Perspectives on Politics (APSA) 769 (2004)

“Warning: Labeling Constitutions May be Hazardous to Your Regime,” 67 L. & Contemp. Probs. 33 (2004)

“The Unmaking of a Precedent,” 2003 Sup. Ct. Rev. 231

“Integrity and Reflection,” 72 Fordham L. Rev. 367 (2003)

“Judges of Character,” 38 Wake Forest L. Rev. 793 (2003) [also reprinted in Virtue Jurisprudence, edited by Colin Farrelly & Lawrence Solum (Palgrave MacMillan, 2007)]

“Irresponsibility Breeds Contempt,” 6 Green Bag 2d 47 (2002)

“Haste Makes Waste: Congress and the Common Law in Cyberspace,” 55 Vand. L. Rev. 309 (2002)

“Pick a Number, Any Number: State Representation in Congress After the 2000 Census,” 90 Calif. L. Rev. 211 (2002) (with Paul H. Edelman)

“Too Clever by Half: The Problem with Novelty in Constitutional Law,” 95 Nw.U. L. Rev. 921

“Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress,” 2000 Ill. L. Rev. 1119 (with Paul J. Heald)

“All or Nothing: Explaining the Size of Supreme Court Majorities,” 78 N. Car. L. Rev. 1225 (2000) (with Paul H. Edelman)

“The Canon in Constitutional Law,” in The Legal Canon, edited by J.M. Balkin and Sanford Levinson (NYU Press 2000)

“The Law Professor as Schizophrenic,” 3 Green Bag 2d 273 (2000)

“States Are People Too,” 75 Notre Dame L. Rev. 1121 (2000)

“Against Diversity,” 17 Const. Commentary 1 (2000)

“Plus ça Change . . . or: If Hard Cases Make Bad Law, What Do Bad Cases Make?” 16 Const. Commentary 575 (1999)

“Beyond All Criticism?” 83 Minn. L. Rev. 1735 (1999) (with Daniel A. Farber)

“Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action,” 74 Notre Dame L. Rev. 1085 (1999)

“Independent Judges and Independent Justice,” 61 Law & Contemp. probs. 15 (1999)

“Textualism and Judgment,” 66 G.W. L. Rev. 1148 (1998)

“Judicial Independence and the Constitution,” 14 Ga. St. L. Rev. 795 ( 1998)

“Justice O'Connor's Dilemma: The Baseline Question,” 39 Wm. & Mary L. Rev. 865 (1998)

“Religion and the Public Square: Making Democracy Safe for Religious Minorities,” 47 DePaul L. Rev. 499 (1998)

“All The Supreme Court Really Needs To Know It Learned From the Warren Court,” 50 Vand. L. Rev. 459 (1997)

“RFRA-Vote Gambling,” 14 Const. Commentary 27 (1997)

“The Pariah Principle,” 13 Const. Commentary 257 (1996) (with Daniel A. Farber)

“Enlightening the Religion Clauses,” 7 J. Contemp. Issues 473 (1996)

“The Barking Dog,” 46 Case W. Res. L. Rev. 877 (1996)

“The Sleep of Reason,” 84 Geo. L.J. 453 (1996)

“Legal Storytelling and Constitutional Law: The Medium and the Message,” in Law's Stories: Narrative and Rhetoric in The Law, edited by Peter Brooks and Paul Gewirtz (Yale Univ. Press 1996) (with Daniel A. Farber)

“The Indeterminacy of Historical Evidence,” 19 Harv. J.L. & Pub Pol'y 437 (1996)

“Is the Radical Critique of Merit Anti-Semitic?” 83 Calif. L. Rev. 853 (1995) (with Daniel A. Farber)

“Responsible Republicanism: Educating for Citizenship,” 62 U. Chi. L. Rev. 131 (1995)

“Our Unconstitutional Senate,” 12 Const. Commentary 213 (1995) [also reprinted in Constitutional stupidities, Constitutional Tragedies, edited by William N. Eskridge, Jr., and Sanford Levinson (NYU Press 1998)]

“State Constitutional Law: Doing the Right Thing,” 25 Rutgers L.J. 935 (1994)

“Public Values and Private Virtue,” 45 Hastings L.J. 1099 (1994)

“The 200,000 Cards of Dimitri Yurasov: Further Reflections on Scholarship and Truth,” 46 Stan. L. Rev. 647 (1994) (with Daniel A. Farber)

“ ‘Without Virtue There Can Be No Liberty,’ ” 78 Minn. L. Rev. 61 (1993)

“An Originalist Understanding of Minimalism,” 88 Nw. U. L. Rev. 175 (1993)

“Telling Stories Out of School: An Essay on Legal Narratives,” 45 Stan. L. Rev. 807 (1993) (with Daniel A. Farber)

“Lee v. Weisman: Paradox Redux,” 1992 Sup. Ct. Rev. 123
“Natural Law in the States,” 61 U. Cincinnati L. Rev. 171 (1992)

“The Forgotten Victims,” 63 U. Colo. L. Rev. 375 (1992)

“Speaking of Virtue: A Republican Approach to University Regulation of Hate Speech,” 75 Minn. L. Rev. 933 (1991)

“The Eleventh Amendment and Stare Decisis: Overruling Hans v. Louisiana,” 57 U. Chi. L. Rev. 1260 (1990)

“Employment Discrimination: An Overview of the 1989 Supreme Court Term,” 8 Law & Inequality 397 (1990)

“The Early Virginia Tradition of Extra-Textual Interpretation,” 53 Albany L. Rev. 297 (1989) [also reprinted in Toward A Usable Past: An Examination of the Origins and Implications of State Protections of Liberty, edited by Paul Finkelman and Stephen E. Gottlieb (Univ. of Georgia Press 1991)]

“The Ninth Amendment: Righting an Unwritten Constitution,” 64 Chi.-Kent L. Rev. 1001 (1989) [also reprinted in The Rights Retained by the People: The History and Meaning of the Ninth Amendment (vol. 2), edited by Randy E. Barnett (George Mason Univ. Press 1993)]

“Women's Virtue,” 63 Tulane L. Rev. 1591 (1989)

“Separation of Powers: Asking a Different Question,” 30 Wm. & Mary L. Rev. 287 (1989)

“The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship,” 5 Const. Commentary 323 (1988)

“Two Hundred Years Ago Today,” 6 Law & Inequality 43 (1988)

“The Founders' Unwritten Constitution,” 54 U. Chi. L. Rev. 1127 (1987)

“An Essay Concerning Toleration,” 71 Minn. L. Rev. 963 (1987)

“Civic Virtue and the Feminine Voice in Constitutional Adjudication,” 72 Va. L. Rev. 543 (1986)

“The Gender of Judges,” 4 Law & Inequality 159 (1986)

“Issue Manipulation by the Burger Court: Saving the Community from Itself,” 70 Minn. L. Rev. 611 (1986)

“Perspectives: Law in the Grand Manner,” 2 Const. Commentary 9 (1985)

“Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction,” 73 Geo. L.J. 89 (1984)   


Suzanna Sherry is one of the top scholars in the fields of constitutional law and the Supreme Court. She is asked annually to review the most recent term of the U.S. Supreme Court for federal district and court of appeals judges. She has taught civil procedure, constitutional law, constitutional theory, constitutional history, federal courts and First Amendment law.