The University of Texas at Austin   School of Law

Education

• JD Harvard
• LLM Harvard
• AB Cornell

Areas of Specialty

• Constitutional Law
• Federal Courts

Louise Weinberg is holder of the Bates Chair and Professor of Law at the University of Texas School of Law. Weinberg teaches and writes in Constitutional Law and Federal Courts. She received her undergraduate degree summa from Cornell, was elected to Phi Beta Kappa, holds two Harvard Law degrees, and clerked for Judge Wyzanski. She practiced in Boston as an associate in litigation with Bingham Dana & Gould. She has taught at Harvard, Brandeis, and Stanford, receiving the Texas Exes' Excellence in Teaching Award in 1996. She is an elected member of the American Law Institute. A frequently invited public speaker, she has served as a Forum Fellow of the World International Forum, Davos. Professor Weinberg has chaired three different Sections of the Association of American Law Schools, twice chairing the AALS Section on Federal Courts. Recently she appeared in the Public Broadcasting System's four-part series, "The Supreme Court."

Weinberg is a versatile scholar. Her current writings include The Hughes Court and the Unlikely Beginnings of Modern Constitutional Thought, University of Pennsylvania Journal of Constitutional Law (forthcoming 2012); A General Theory of Judicial Lawmaking Power, William & Mary Law Review (forthcoming 2012); The McReynolds Mystery Solved, University of Denver Law Review (forthcoming 2011); An Almost Archeological Dig: Substantive Due Process, An Early View, Constitutional Commentary (2010); Dred Scott and the Crisis of 1860, Symposium, Chicago-Kent Law Review (2007); Our Marbury, Virginia Law Review (2003); and When Courts Decide Elections: The Constitutionality of Bush v. Gore, Symposium, Boston University Law Review (2002). In the field of Federal Courts, Weinberg is author of Federal Courts: Judicial Federalism and Judicial Power (1994). Her recent work in the field includes Back to the Future: The New General Common Law, Symposium, Journal of Maritime Law and Commerce (2004); Of Sovereignty and Union: The Legends of Alden, Notre Dame Law Review (2001); and The Article III Box, Symposium, Texas Law Review (2000). In the field of Conflict of Laws, Weinberg is co-author of The Conflict of Laws (2d ed, 2002). Her recent work in this field includes Theory Wars in the Conflict of Laws, Michigan Law Review (2005). Professor Weinberg has also done some work in Legal Theory and Jurisprudence, most recently Of Theory and Theodicy: The Problem of Immoral Law, in Law and Justice in a Multistate World (2002) and Choosing Law, Giving Justice, Symposium, Louisiana Law Review (2000).

Professor Weinberg has written such classics in the canon of legal literature as Federal Common Law, Northwestern Law Review (1989) and The New Judicial Federalism, Stanford Law Review (1977), and such provocative essays as Holmes' Failure, Michigan Law Review (1997) and Against Comity, Georgetown Law Journal (1991). She is a contributor to legal encyclopedias for the Oxford and Yale University Presses. Her pieces for the general public have appeared in The American Scholar, The Public Interest, and Daedalus.

Recent Publications

• An Almost Archeological Dig: Finding a Surprisingly Rich Early Understanding of Substantive Due Process, 27 Constitutional Commentary 163 (2010). <http://www.utexas.edu/law/faculty/lweinberg/archeological.pdf>
• Courts, United States Federal, in 2 The Oxford International Encyclopedia of Legal History 255 (Stanley N. Katz ed.; Oxford: Oxford University Press, 2009).
• Overcoming Dred: A Counterfactual Analysis, 24 Constitutional Commentary 733 (2007).

Full list of publications…