Biography
July 1, 1981 to 1985 - Professor of Government, Franklin and Marshall College (Appointed to Charles A. Dana Professorship, November 1989)
July 1, 1973 to June 30, 1981 - Associate Professor of Government, Franklin and Marshall College
January 1, 1970 to June 30, 1973 - Assistant Professor of Government, Franklin and Marshall College
March 1968 to January 1970 - Active Duty, U. S. Army (Captain, Intelligence). Assigned as Research Associate to the Faculty of The National War College, Fort McNair, Washington, D.C.
Education
A.B., Summa cum laude, First Honor, Davidson College (1964) (Political Science)
M.A., Princeton University (1966) (Politics)
Ph.D., Princeton University (1967) (Politics)
Research
U.S. Supreme Court
Constitutional Interpretation
Grants & Awards
- Woodrow Wilson National Fellowship (1964-65)
- Class of 1883 Fellowship, Princeton University (1965-66)
- Woodrow Wilson National Dissertation Fellowship (1966-67)
- Joint Sevice Commendation Medal, Organization of the Joint Chiefs of Staff (January 1970)
- Summer Stipend for Younger Humanists, National Endowment for the Humanities (1972)
- Bicentennial Grant, National Endowment for the Humanities, to fund the John Marshall Lectures on the Constitution, the Supreme Court, and the Justices (1985-1989)
- Lindback Award for Distinguished Teaching, 1975
- Editorial Award, Supreme Court Historical Society, 1990
- Bradley R. Dewey Scholarship Award, 1996
- Editorial Award, Supreme Court Historical Society, 2002
- Member, Publications Committee, Supreme Court Historical Society (2004-2013)
- Member, Editorial Board, Supreme Court Historical Society (2014)
Publications
Books
- With Alpheus Thomas Mason, American Constitutional Development (Goldentree Bibliographies in American History), Arthur S. Link, ed., Arlington Heights, Ill.: AHM Publishing Corp., 1977). 166 pp.
- The Supreme Court and the American Republic: An Annotated Bibliography. New York: Garland Publishing, Inc., 1981. Pp. xiv + 281.
- With Alpheus Thomas Mason and William M. Beaney, American Constitutional Law; Introductory Essays and Selected Cases. Englewood Cliffs, N.J.: Prentice Hall, Inc., 1983. Pp. xiv + 684 (7th edition).
- With Alpheus Thomas Mason and William M. Beaney, American Constitutional Law; Introductory Essays and Selected Cases. Englewood Cliffs, N.J.: Prentice Hall, Inc., 1987. Pp. xv +664 (8th edition).
- With Robert J. Bresler, Robert J. Friedrich, and Joseph J. Karlesky, American Government. New York: Harper and Row, 1988. Pp. xxx, 698.
- With R. Bresler, R. Friedrich, and J. Karlesky, Election '88. New York: Harper & Row, 1989, Pp. 70.
- With Alpheus Thomas Mason, American Constitutional Law; Introductory Essays and Selected Cases. Englewood Cliffs, N.J.: Prentice Hall, Inc,. 1990. Pp. xv +574 (9th edition).
- An Essential Safeguard: Essays on The United States Supreme Court and Its Justices (Westport, Conn.: Greenwood Press, 1991), 179 pages.
- With Robert J. Bresler, Robert J. Friedrich, and Joseph J. Karlesky, American Government, 2nd ed., New York: HarperCollins, 1992. Pp. xxxvi, 756.
- With A.T. Mason, American Constitutional Law; Introductory Essays and Selected Cases. Englewood Cliffs, N.J.: Prentice Hall, Inc., 1993. Pp. xv, 652 (10th edition).
- With Robert J. Bresler, Robert J. Friedrich, and Joseph J. Karlesky, Election Update 1992. New York: HarperCollins, 1993. Pp. 75.
- With Robert J. Bresler, Robert J. Friedrich, and Joseph J. Karlesky, American Government, Brief Edition. New York: HarperCollins, 1994. Pp. xix, 409.
- (with A.T. Mason, deceased), American Constitutional Law: Introductory Essays and Selected Cases. Upper Saddle River, N.J.: Prentice Hall, 1996 (11th edition). Pp. xv, 720.
- (with A.T. Mason, deceased), American Constitutional Law: Introductory Essays and Selected Cases. 12th Edition. Upper Saddle River, NJ: Prentice Hall, 1999. Pp. xv, 718.
- Campaigns and the Court: The U.S. Supreme Court in Presidential Elections. New York: Columbia University Press, 1999. Pp. xiv, 363.
- (with A. T. Mason, deceased), American Constitutional Law: Introductory Essays and Selected Cases. 13th edition. Upper Saddle River, NJ: Prentice Hall, 2002. Pp. xvi, 728.
- (with A.T. Mason, deceased), American Constitutional Law: Introductory Essays and Selected Cases. 14th edition. Upper Saddle River, NJ: Prentice Hall, 2005. Pp. xiv, 730.
- The Waite Court: Justices, Rulings and Legacy. Santa Barbara, CA: ABC-CLIO, 2003. Pp. xvi, 349.
- The Right to Vote: Rights and Liberties Under the Law. Santa Barbara, CA: ABC-CLIO, 2004. Pp. xxxiii, 451.
- (with A.T. Mason, deceased), American Constitutional Law: Introductory Essays and Selected Cases. 15th edition. Upper Saddle River, NJ: Prentice Hall, 2009. Pp. xiv, 745.
- (with A.T. Mason, deceased), American Constitutional Law: Introductory Essays and Selected Cases. 16th edition. Upper Saddle River, NJ: Prentice Hall, 2012. Pp. xix, 728.
Articles and Essays
- "The Appellate Judiciary of Georgia and Contempt out of Court," 2 Georgia Law Review 341-371 (1968).
- "State Appellate Courts and the Political Process: Florida and the Public Forum," 23 University of Miami Law Review 182-210 (1968).
- "State Appellate Courts and Written Obscenity: The Georgia Experience," 19 Mercer Law Review 287-311 (1968).
- "A Seat on the Sidelines: the Georgia Appellate Judiciary and the Public Forum," 3 Georgia Law Review 80-109(1969).
- "State Appellate Courts and the Judicial Process: Written Obscenity," II William and Mary Law Review 106-137 (1969).
- Simulation Exercise, The Decision to Intervene in Korea, June 1950 (Washington: The National War College, 1969), 45 pp.
- (With J. J. Karlesky) "Student Disciplinary Proceedings: Some Preliminary Questions," 42 Journal of Higher Education 648-656 (1971).
- "Why Law Schools Shouldn't Play the Numbers," 59 American Bar Association Journal 492-496 (1973). (Reprinted in part in Human Behavior, February, 1974.)
- "The Chief Justice as Leader: The Case of Morrison Remick Waite," 14 William and Mary Law Review 899-927 (1973).
- "The Mild Magistracy of the Law: U.S. v. Nixon," 103 Intellect 288-292 (1975) (Formally School and Society).
- "Easy Values-Hard Choices: Protection of Privacy in the 1970's," F&M Today (Nov.. 1974), p. 5.
- "Charles Henry Butler on the Death of Chief Justice Fuller," 47 New York State Bar Journal 471-475 (1975).
- "The Supreme Court and Constitutional Change: Lochner v. New York Revisited," 21 Villanova Law Review 217-243 (1976).
- "Can Judges Stop the Presses," 105 Intellect 171-173 (1976). (Abstracted in 1 Wilson Quarterly 31, 1977).
- (With Mason W. Stephenson) "'To Protect and Defend:' Joseph Henry Lumpkin, the Supreme Court of Georgia, and Slavery," 25 Emory Law Journal (formerly Journal of Public Law) 579-608 (1976).
- "Thorns in Their Sides: Courts and Their Critics in Florida," 4 Florida State University Law Review 449-479 (1976).
- "Fair Trial-Free Press: Rights in Continuing Conflict," 46 Brooklyn Law Review 39-66 (1979). (Cited and quoted in Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980) Blackmun, J., concurring.)
- "Weber, Affirmative Action, and Restorative Justice," 108 USA Today (formally Intellect) 48-50 (May 1980).
- "Religion and the Constitution: An Uncertain Consensus," 86 South Atlantic Quarterly 95-109 (1987).
- "Church, State, and the Constitution," in T. Zawistowski, ed., A Celebration, A Celebration: Constitutional Essays for the Bicentennial. Scranton, Pa.: The Lackawanna County Constitutional Bicentennial Commission, 1987, pp.4-12.
- "John Marshall and the Evolution of Judicial Review," 116 USA Today 37-39 (July 1987).
- (With Barry M. Levine), "Vicarious Federalism: The Modern Supreme Court and the Tenth Amendment." 19 The Urban Lawyer 683-700 (1987).
- "The Supreme Court, The Franchise, and The Fifteenth Amendment: The First Sixty Years," 57 UMKC Law Review 47-65 (1988).
- "Choosing Presidential Candidates: Why the Best Man Doesn't Necessarily Win," 117 USA Today 15-18 (March 1989). Reprinted in Bruce Stinebrickner, ed., American Government 90/91 and (same editor) American Government 91/92, and American Government 92/93. Guilford, Conn: Dushkin, 1990, 1991, 1993.
- "Religion and the Constitution: The Supreme Court Speaks, Again," 118 USA Today 21-23 (March 1990).
- "The Supreme Court in American Government," in D.G. Stephenson, Jr., ed., An Essential Safeguard: Essays on the United States Supreme Court and its Justices. Westport, Conn.: Greenwood Press, 1991, pp.1-35.
- "Is the Bill of Rights in Danger?" 119 USA Today 82-85 (May 1991). Reprinted in Jeffrey Elliot, Reader in American Government. Dubuque, Iowa: Wm. C. Brown, 1992.
- "Remarks," in Recent Decisions of the Supreme Court and the Proposed Civil Rights Acts of 1990 and 1991. Washington, D.C.: Pennsylvania and Delaware Advisory Committees to the U.S. Commission on Civil Rights, 1991, pp. 26-28.
- "Justice Blackmun's Eighth Amendment Pilgrimage," 8 BYU Journal of Public Law 271-320 (1994).
- "Five Jewish Justices: A Bibliographical Essay," in Jennifer M. Lowe, ed., The Jewish Justices of the Supreme Court Revisited. Washington, D.C.: The Supreme Court Historical Society, 1994, pp. 127-140.
- "The Rediscovery of Justice Stanley Reed." Yale Survey of Current Legal Issues 106-113 (prototype issue, June 1995).
- "The Future of Single-Sex Education," 125 USA Today 80-82 (Jan. 1997)
- "The Supreme Court at the Bar of History," 13 OAH Magazine of History 5-12 (Fall 1998).
- "Bill of Attainder," in Roger K. Newman, ed., The Constitution and Its Amendments, vol. 1 (New York: Macmillan, 1999), pp. 91-98.
- "Salmon Portland Chase," in John R. Vile., ed., Great American Lawyers, vol. 1 (Santa Barbara, CA: ABC-CLIO, 2001), pp. ix-xvii.
- "The Principles of Democratic Elections," in Melvin Urofsky, ed., Democracy Papers, no. 3 (Washington, DC: U.S. Department of State, 2001), 6 pages (5500 words).
- "Series Foreword," in Melvin I. Urofsky, Religious Freedom (Santa Barbara, CA: ABC-CLIO, 2002), pp. xi-xx.
- "Series Foreword," in Ken. I Kersch, Freedom of Speech (Santa Barbara, CA: ABC-CLIO, 2003), pp.xv-xxiv.
- "Series Foreword," in Ken I. Kersch, Freedom of Speech (Santa Barbara, CA: ABC-CLIO, 2003), pp. xi-xx.
- "The Waite Court at the Bar of History," 81 Denver University Law Review 449-495 (2003).
Review Essays and Articles
- "Points of Rebellion," 119 University of Pennsylvania Law Review 536-544 (1971).
- "Justice Joseph Story and the Rise of the Supreme Court," 33 University of Pittsburgh Law Review 932-942 (1972).
- "Assault on Privacy," 34 University of Pittsburgh Law Review 167-176 (1972).
- "Privilege and Creative Destruction," 34 University of Pittsburgh Law Review 329-337 (1972).
- "The Police and the Public," 34 University of Pittsburgh Law Review 745-750 (1973).
- "The Modern Supreme Court," 60 Virginia Law Review 728-733 (1974).
- "A Question of Judgment: the Fortas Case and the Struggle for the Supreme Court," 35 University of Pittsburgh Law Review 741-749 (1974).
- "John Marshall, A Life in Law," 48 Southern California Law Review 959-968 (1975).
- "Against the Law: The Nixon Court and Criminal Justice," 61 Virginia Law Review 1338-1347 (1975).
- "Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality," 13 Houston Law Review 1081-1097 (1976).
- "U.S. v. Richard M. Nixon: The Final Crisis," 21 New York Law Forum 515-526 (1976).
- "The Vision and the Dream of Justice Hugo L. Black," 21 Villanova Law Review 810-818 (1976).
- "The American Judicial Tradition," 14 Houston Law Review 745-763 (1977).
- "Hugo Black and the Judicial Tradition," 63 Virginia Law Review 1087-1097 (1977).
- "The Memoirs of Earl Warren," 15 Houston Law Review 224-244 (1977).
- "American Constitutional Law," 25 New York Law School Review (formally New York Law Forum) 187-214 (1979).
- "The Brethren," 46 Brooklyn Law Review 373-380 (1980).
- "Recharting the Course: Judicial Review in the 1980's," 26 New York Law School Law Review 943-968 (1981).
- "Lifting the Veil: A Look Inside the Warren Court A Review Essay," 55 University of Colorado Law Review 445-467 (1984).
- "On Review: Recent Books About the Supreme Court, the Justices, and the Constitution," Yearbook 1984 (Supreme Court Historical Society) 127-143.
- "The Judicial Bookshelf," Yearbook 1985 (Supreme Court Historical Society) 128-145.
- "The Judicial Bookshelf," Yearbook 1896 (Supreme Court Historical Society) 103-121.
- "The Judicial Bookshelf," Yearbook 1987 (Supreme Court Historical Society) 108-126.
- "The Judicial Bookshelf," Yearbook 1988 (Supreme Court Historical Society) 108-126.
- "The Judicial Bookshelf," Yearbook 1989 (Supreme Court Historical Society 119-139.
- "The Judicial Bookshelf," Journal of Supreme Court History 152-177 (1990).
- "The Judicial Bookshelf," Journal of Supreme Court History 105-131 (1991).
- "The Judicial Bookshelf," Journal of Supreme Court History 109-135 (1992).
- "The Judicial Bookshelf," Journal of Supreme Court History 90-117 (1993).
- "The Judicial Bookshelf," Journal of Supreme Court History 147-170 (1994).
- "The Judicial Bookshelf," Journal of Supreme Court History 153-172 (1995).
- "The Judicial Bookshelf," Journal of Supreme Court History 168-188 (1996 II).
- "The Judicial Bookshelf," Journal of Supreme Court History 150-169 (1997 II).
- "The Judicial Bookshelf," Journal of Supreme Court History 157-181 (1998 II).
- "The Judicial Bookshelf," Journal of Supreme Court History 138-152 (1999, vol. 23, no. 1).
- "The Judicial Bookshelf," Journal of Supreme Court History 333-347 (1999, vol.23, no. 3).
- "The Judicial Bookshelf," Journal of Supreme Court History 112-127 (2000, vol. 25, no. 1).
- "The Judicial Bookshelf," Journal of Supreme Court History 313-330 (2000, vol. 25, no. 3).
- "The Judicial Bookshelf," Journal of Supreme Court History 279-295 (2001, vol. 26, no. 3).
- "The Judicial Bookshelf," Journal of Supreme Court History 65-82 (2002, vol. 27, no. 1).
- "The Judicial Bookshelf," Journal of Supreme Court History 194-210 (2002, vol. 27, no. 2).
- "The Judicial Bookshelf," Journal of Supreme Court History 81-97 (2003, vol. 28, no.1).
- "The Judicial Bookshelf," Journal of Supreme Court History 370-386 (2003, vol. 28, no. 3).
- "The Judicial Bookshelf," Journal of Supreme Court History 201-225 (2004, vol. 29, no. 2).
- "The Judicial Bookshelf," Journal of Supreme Court History 346-336 (2004, vol. 29, no. 3).
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 30, no. 3 (2005), pp. 284-302.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 31 (no. 2), pp. 199-218 (2006).
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 32 (No. 1), pp. 96-112 (2007).
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 32, no. 2 (2007), pp. 190-208.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 32, no. 3 (2007), pp. 346-363.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 33, no. 2 (2008), pp. 200-220.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 34, no. 1 (2009), pp. 125-145.
- "The Judicial Bookshelf, The Journal of Supreme Court History, vol. 34, no. 2, (2009), pp. 224-240.
- "The Judicial Bookshelf." Journal of Supreme Court History, vol. 34, no. 3 (2009), pp. 315-332.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 35, no. 2 (2010), pp. 175-192.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 35, no. 3 (2010), pp. 266-283.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 35, no. 3 (2010), pp. 266-283.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 36, no. 2 (2011), pp. 159-177.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 36, no. 3 (2011), pp. 304-321.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 37, no. 3 (2012), pp. 335-354.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 37, no. 2 (2012), pp. 148-167.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 38, no. 2 (2013), pp. 261-277.
- "The Judicial Bookshelf," Journal of Supreme Court History, vol. 38, no. 3 (2013), pp. 438-454.
- "The Judicial Bookshelf, Journal of Supreme Court History, vol. 39, no. 2 (2014), pp. 286-304.