Areas of Specialization
Civil Rights Law; Constitutional History; Constitutional Law; Election Law; Employment Law; Law and Religion; Law and Religion; Race and American Law
Representative Professional Activities and Achievements
Joined the faculty in 1990. Clerked for Judge Walter R. Mansfield, U.S. Court of Appeals for the Second Circuit. Practiced employment law in Raleigh. Served as the Goldberg Distinguished Visiting Professor at Cornell Law School in 2007, and as a visiting professor at the law schools of the University of Iowa, Emory University, University of Auckland and University of Melbourne. Also served as Director of William & Marys Institute of Bill of Rights Law, 1997-2004, and as the founding Director of William & Mary's Election Law Program. Is currently the faculty advisor to the William and Mary Law Review.
Author or editor of several books, including Jim Crow Moves North: The Battle Over Northern School Segregation, 1865-1954 (2005) and Reading, Writing and Race: The Desegregation of the Charlotte Schools (1995), and numerous articles including ones in the Michigan, Northwestern, Texas, UCLA, Wake Forest, and William and Mary law reviews. Has lectured on American constitutional law and history at various universities in the United States, Africa, Asia, Australia, and Europe.
Received the Black Law Students Association Outstanding Faculty Award in 2004. Recipient of the State Council of Higher Education Outstanding Faculty Award in 2002 (one of eleven recipients throughout the state of Virginia) and the Walter L. Williams, Jr. Teaching Award in 1993, 1995, 1999, 2001 and 2006 as the law school's outstanding teacher. Received the William and Mary Phi Beta Kappa Faculty Award for Advancement of Scholarship in 1995.
- Editor, The Constitutional Law Lectures of John Marshall Harlan (Carolina Academic Press forthcoming 2014).
- Jim Crow Moves North: The Battle Over Northern School Segregation, 1865-1954 (Cambridge U. Press 2005) (part of the Cambridge Historical Studies in American Law and Society book series).
- Co-editor, A Year at the Supreme Court (Neal Devins ed., Duke U. Press 2004).
- Co-author, Casebook, Constitutional Law In Context (Carolina Academic Press 2003) (with Michael Curtis et al.) (2 volumes with teacher's manual and annual supplements).
- Co-editor, Redefining Equality (Neal Devins ed., Oxford U. Press 1998).
- Reading, Writing, and Race: The Desegregation of the Charlotte Schools (University of North Carolina Press 1995).
- Editor, The Development of School Busing as a Desegregation Remedy (Garland Press 1994).
- Editor, The Public Debate Over Busing and Attempts to Restrict Its Use (Garland Press 1994).
Book Revisions and Supplements
- Co-author, Constitution Law in Context (Carolina Academic Press, 2d ed. 2006; 3d ed. 2011) (with Michael Curtis, Paul Finkelman & Wilson Parker).
- The Surprising Role of Racial Hierarchy in the Civil Rights Jurisprudence of the First Justice John Marshall Harlan, 15 U. Pa. J. Const. L. 1037 (2013).
- Symposium, Introduction: How We Vote: Electronic Voting and Other Voting Practices in the United States, 17 Wm. & Mary Bill Rts. J. 319 (2008) (introductory essay). SSRN.
- Book Review, 49 J. Church & St. 151 (2007) (reviewing David Holmes, The Faiths of the Founding Fathers (2006)).
- Symposium, Forward: The Legacy of St. George Tucker, 47 Wm. & Mary L. Rev. 1111 (2006) (introduction). SSRN.
- Symposium, The Death Penalty and International Law, 13 Wm. & Mary Bill Rts. J. 305 (2005) (introduction). SSRN.
- Symposium, The Rhetorical Uses of Marbury v. Madison: The Emergence of a "Great Case," 38 Wake Forest L. Rev. 375 (2003) (symposium article on judicial review).
- The Struggle for School Desegregation in Cincinnati Before 1954, 71 U. Cin. L. Rev. 979 (2003) (invited lecture given at U. of Cincinnati College of Law).
- Book Review, Black Teachers and the Struggle for Racial Equality, H-Net Rev. Human. & Soc. Sci. (2002) (reviewing Adam Fairclough, Teaching Equality: Black Schools in the Age of Jim Crow (2001)).
- Review Essay, Contract Rights and Civil Rights, 100 Mich. L. Rev. 1541 (2002) (reviewing David E. Bernstein, Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (2001)).
- Symposium, Religion in the Public Square, 42 Wm. & Mary L. Rev. 647 (2001).
- The Jeffersonian Vision of Legal Education, 51 J. Legal Educ. 185 (2001). SSRN.
- Book Review, 105 Am. Hist. Rev. 961 (2000) (reviewing William Kellar, Make Haste Slowly: Moderates, Conservatives, and School Desegregation in Houston (1998)).
- Book Review, 105 Am. Hist. Rev. 1771 (2000) (reviewing Glenn Eskew, But for Birmingham: the Local and National Movements in the Civil Rights Struggle (1997)).
- Book Review, 109 Ohio Hist. 104 (2000) (reviewing Gregory Jacobs, Getting Around Brown: Desegregation, Development, and the Columbus Public Schools (1998)).
- Symposium, God and the Executioner: The Influence of Western Religion on the Death Penalty, 9 Wm. & Mary Bill Rts. J. 137 (2000). SSRN.
- Book Review, 556 Annals Am. Acad. Pol. & Soc. Sci. 214 (1998) (reviewing Robyn Ladino, Desegregating Texas Schools: Eisenhower, Shivers, and the Crisis at Mansfield High (1996)).
- Book Review, 16 L. & Hist. Rev. 628 (1998) (reviewing Stephen Wasby, Race Relations Litigation in an Age of Complexity (1995) and David Armor, Forced Justice: School Desegregation and the Law (1995)).
- Review Essay, Justifying Racial Reform , 76 Tex. L. Rev. 1163 (1998) (reviewing Daryl Michael Scott, Contempt and Pity: Social Policy and the Image of the Damaged Black Psyche, 1880-1996 (1997)).
- An Old Debate Continues Over Integrated Schools, 1 Green Bag 2d 13 (1997).
- Review Essay, The End of Busing?, 95 Mich. L. Rev. 1715 (1997) (reviewing Gary Orfield and Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education (1996)).
- The Limits of Law in Accomplishing Racial Change: School Segregation in the Pre-Brown North, 44 UCLA L. Rev. 677 (1997) (Honorable Mention, Association of American Law Schools, Call for Scholarly Papers Competition, 1996 (competition open to all law professors with fewer than seven years teaching experience); Honorable Mention, History of Education Society Award for best article published during the 1996-1997 biennium.). SSRN.
- Book Review, 79 Ga. Hist. Q. 995 (1995) (reviewing Christopher Silver & John v. Moeser, The Separate City: Black Communities in the Urban South (1995)).
- Symposium, The Promise of Brown Forty Years Later, 36 Wm. & Mary L. Rev. 337 (1995) (introductory essay).
- Symposium, The Quest for Freedom in the Post-Brown South: Desegregation and White Self-Interest, 70 Chi.-Kent L. Rev. 689 (1994), reprinted in part in Critical White Studies: Looking Behind the Mirror (Richard Delgado & Jean Stefancic eds., Temple U. Press 1997). SSRN.
- The Rhetoric of Moderation: Desegregating the South During the Decade After Brown, 89 Nw. U. L. Rev. 92 (1994) (Winner, History of Education Society Award for best article published during the 1994-1995 biennium). SSRN.
- Book Review, 37 Am. J. Legal Hist. 513 (1993) (reviewing Paul Finkelman, Race, Law, and American History, 1700-1990 (1992)).
- Book Review, 36 Am. J. Legal Hist. 392 (1992) (reviewing John Frank & Clement Haynsworth, The Senate, and the Supreme Court (1991)).
- Note, Labor Unions in the Boardroom: An Antitrust Dilemma, 92 Yale L.J. 106 (1982).
- Rosenberger v. Rector and Visitors of the University of Virginia: The Triumph of the Neutrality Principle, in Law and Religion: Cases in Context (Leslie Griffin ed., Aspen Publishers 2010).
- Reinhold Niebuhr, in The Teachings of Modern Christianity on Law, Politics, and Human Nature (John Witte & Frank Alexander eds., Columbia U. Press 2005).
- Brown v. Board of Education and Its Impact on Black Education in America, in From The Grassroots to the Supreme Court: Explorations of Brown v. Board of Education and American Democracy (Peter Lau ed., Duke U. Press 2004).
- Reinhold Niebuhr and Critical Race Theory, in Christian Perspectives on Legal Thought (Michael McConnell, Robert Cochran & Angela Carmella eds., Yale U. Press 2001).
- Co-author, The Pursuit of Equality, in Redefining Equality (Neal Devins & Davison M. Douglas eds., Oxford U. Press 1998) (with Neal Devins).
- Pauli Murray, in Encyclopedia of African-American History, 1896 to the Present (Oxford U. Press 2009).
- Jim Crow and Voting Rights, in Encyclopedia of the Supreme Court of the United States (Macmillan Reference 2008).
- St. George Tucker, in Encyclopedia Virginia (Virginia Foundation for the Humanities online 2008).
- Associate Editor, Encyclopedia of American Civil Liberties. 3 volumes, Routledge Press (2006) (with Paul Finkelman, General Editor; Gabriel Chin, Rodney Smolla, Melvin Urofsky, Mary Volcansek, Associate Editors).
- Agostini v. Felton; Aguilar v. Felton; Belief-Action Distinction in Free Exercise Clause History; Board of Education v. Allen; Brown v. Board of Education; Ceremonial Deism; Committee for Public Education and Religious Liberty v. Nyquist; Committee for Public Education and Religious Liberty v. Regan; Concept of "Christian Nation" in American Jurisprudence; Corrigan v. Buckley; County and City Seals with Religious Content; Days of Religious Observance as National or State Holidays; Elk Grove Unified School District v. Newdow; Engel v. Vitale; Free Exercise Clause Doctrine; Supreme Court Jurisprudence; Judicial Resolution of Church Property Disputes; National Motto -- "In God We Trust"; Pledge of Allegiance ("Under God"); Tony and Susan Alamo Foundation v. Secretary of Labor; Watson v. Jones; Zobrest v. Catalina Foothills School District, in Encyclopedia of American Civil Liberties (Routledge Press 2006).
- Family and Medical Leave Act, in The Family in America: An Encyclopedia (ABC-CLIO 2001).
- "Christian Nation" as a Concept in Supreme Court Jurisprudence; Church of the Holy Trinity v. United States, in Religion and American Law: An Encyclopedia (Garland Press 2000).
- Missouri v. Jenkins, in Encyclopedia of the American Constitution (Macmillan Publishing 2000).
- Jackie Robinson, in American National Biography (Oxford U. Press 1999).
- Badges of Slavery, in Encyclopedia of Slavery (Macmillan Publishing 1998).
- Forward to Pauli Murray, States' Laws on Race and Color, U. Geo. Press (1997).
- Fair Employment Practice Committee, in Encyclopedia of the American Presidency (Simon & Schuster 1993).