Andrew Siegel

Publications

SCHOLARLY PUBLICATIONS

• Of Dress and Redress: Student Dress Restrictions in Constitutional Law and Culture, 54 HARV. C.R.-C.L. L. Rev. (2019) (with Deborah Ahrens)
• The Myth of Merit: The Garland Nomination, the Friendly Legacy, and the Slipperiness of Appellate Court Qualifications, 4 SAVANNAH L. REV. 113 (2017)
• Constitutional Theory, Constitutional Culture, 18 U. PA. J. CONST. L. 1067 (2016)
• THE SUPREME COURT SOURCEBOOK (Aspen 2013) (with Richard Seamon, Joseph Thai, & Kathryn Watts)
• Justice Stevens and the Seattle Schools Case: A Case Study on the Role of Righteous Anger in Constitutional Discourse, 43 U.C. DAVIS L. REV. 927 (2010)
• Notes Towards an Alternate Vision of the Judicial Role, 32 SEATTLE U. L. REV. 511 (2009)
• From Bad to Worse?: Some Early Speculation About the Roberts Court and the Constitutional Fate of the Poor, 59 S.C. L. REV. 849 (2008)
• The Court Against the Courts: Hostility to Litigation as an Organizing Theme in the Rehnquist Court's Jurisprudence, 84 TEX. L. REV. 1097 (2006) (winner of the 2006 Faculty Scholarship Award at the University of South Carolina School of Law)
• Equal Protection Unmodified: Justice John Paul Stevens and the Case for Unmediated Constitutional Interpretation, 74 FORDHAM L. REV. 2339 (2006)
• Moving Down the Wedge of Injustice: A Proposal for a Third Generation of Wrongful Convictions Scholarship and Advocacy, 42 AM. CRIM. L. REV. 1219 (2005)
• When Prosecutors Control Criminal Court Dockets: Dispatches on History and Policy from a Land Time Forgot, 32 AM. J. CRIM. L.325 (2005)
• "To Learn and Make Respectable Here after": The Litchfield Law School in Cultural Context, 73 N.Y.U. L. REV. 1978 (1998)
• "Steady Habits" Under Siege: The Defense of Federalism in Jeffersonian Connecticut, in Doron Ben-Atar & Barbara B. Oberg, eds., FEDERALISTS RECONSIDERED (University Press of Virginia 1998), 199-224

SELECT ADDITIONAL WRITINGS AND COMMENTARY

• Opinion Analysis: Court Carves Out Narrow Role for State Law on the Outer Continental Shelf, SCOTUS Blog, June 11, 2019
• Argument Analysis: Justices Worry about Extending California Wage and Hours Laws to Offshore Platforms, SCOTUS Blog, April 17, 2019
• Argument Preview: The Interplay of State and Federal Law on Outer Continental Shelf, SCOTUS Blog, April 9, 2019
• John Paul Stevens: Leader of the Resistance, SCOTUS blog, May 25, 2010 (solicited online essay for 30 Days of Stevens series)
• Farewell to Justice Stevens from Those Who Knew Him Well, WASHINGTON POST ONLINE, April 9, 2010 (with Joseph Thai & Eduardo Peñalver)
• Symposium—State Judicial Independence: A National Concern, Session 1: One Symptom of a Serious Problem: Caperton v. Massey,33 Seattle U. L. Rev. 589 (2010) (panel with Bert Brandenberg, Richard Hasen, & Kathleen Sullivan) (transcription)
• Commentaries on the Constitution, entry in the ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (Macmillan 2008)
• In Forma Pauperis, entry in the ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (Macmillan 2008)
• Lau v. Nichols, entry in the ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (Macmillan 2008)
• A Tale of Two Terms, South Carolina Lawyer, September 2006
• Nice Disguise: Alito’s Frightening Geniality, The New Republic, November 15, 2005 (cover story)
• Introduction to Symposium: An Appreciation of Professor Herbert Johnson, 56 S.C. L. Rev.427 (2005)
• The President’s Top Lawyer, The State (Columbia, S.C.), December 19, 2004 (with Deborah Pearlstein)
• Court is Adjourned—What Have We Learned? South Carolina Lawyer, September 2004, at 14 (cited in Hammon v. State, 829 N.E. 2d 444 (Ind.), rev’d sub nom. Davis v. Washington,126 S. Ct. 2266 (2006))

WORKS IN PROGRESS

• The Contemporary United States Supreme Court and the Moral Responsibilities of a Constitutional Court
• The Tools of Majoritarian Resistance
• The Due Process Super-Structure in Late Middle Age
• Hostility to Litigation Reconsidered: New Vectors, New Fault Lines, and New Stakes
• MERIT, IDEOLOGY, AND THE EVOLVING UNDERSTANDING OF APPELLATE JUDGING: HENRY FRIENDLY'S LAW CLERKS AS APPELLATE JUDGES (current book project)
• LEGAL EDUCATION AS A CULTURAL PROJECT; INVENTING THE AMERICAN LAW SCHOOL, 1800-1840 (long-term book project)

SELECT ACADEMIC PRESENTATIONS

• “The Court’s Affirmative Action Decision in Contexts,” Seattle University Flash Webinar, Seattle, Washington, July 2023.
• “The Supreme Court’s Failure to Meet Its Moral and Institutional Responsibilities,” Maryland Law Review Symposium on “Constitutional Law: Left, Right, and Center,” Baltimore, Maryland, February 2023.
• “Law of the Proletariat: Social Movements and the Law,” Panel Discussion, Conference on “Global Legal Studies: Present and Future, Jindal Global University, India, December 2021
• “The Supreme Court after Justice Ginsburg,” Annual Meeting of the Southeastern Association of Law Schools, Amelia Island, Florida, July 2021
• "The Due Process Super-Structure in Late Middle Age,” Annual Meeting of the Southeastern Association of Law Schools, Boca Raton, FL, July 2019
• "The Future of Supreme Court Nominations,” Annual Meeting of the Southeastern Association of Law Schools, Boca Raton, FL, July 2019
• "Of Dress and Redress: Student Dress Restrictions in Contemporary Constitutional Law and Culture,” Panel on “Everyday Injustices,” Harvard Law School, Cambridge, MA, November 2018
• "The Fourteenth Amendment at 150,” Annual Meeting of the Law and Society Association, Toronto, Canada, June 2018
• "Merit, Ideology, and the Evolving Understanding of Appellate Judging: Henry Friendly’s Law Clerks as Appellate Judges,” Faculty Workshop, Seattle University School of Law, Seattle, Washington, April 2018
• "Lessons from the Garland Nomination,” Annual Meeting of the Southeastern Association of Law Schools, Boca Raton, Florida, August 2017
• "The Myth of Merit,” Savannah Law Review Symposium on “American Legal Fictions,” Savannah, Georgia, September 2016
• "The Eminently Predictable Path of Justice Thomas,” Annual Meeting of the Southeastern Associate of Law Schools,” Amelia Island, Florida, August 2016
• "Beyond the Marble Façade: Image and Reality in Appellate Judging,” presented at:
  • Annual Conference of the Association for Law, Culture, and Humanities, Washington, District of Columbia, March 2015
  • Annual Meeting of the Law and Society Association, Seattle, Washington, May 2015
• "The Supreme Court’s 2013 Term,” Annual Meeting of the Southeastern Association of Law Schools, Amelia Island, Florida, August 2014
• "Revisiting the Constitutionality of Student Dress Codes,” Annual Meeting of the Law and Society Association, Minneapolis, Minnesota, May 2014
• "The Supreme Court in Our Constitutional Culture,” Influential Voices Lecture, Seattle University School of Law, Seattle, Washington, November 2013
• "Teaching About the United States Supreme Court,” Annual Meeting of the Southeastern Association of Law Schools, Palm Beach, Florida, August 2013
• "History and Law in the Seattle Schools Case,” Annual Conference of the History of Education Society, Seattle, Washington, November 2012
• "The Supreme Court’s 2010 Term: Some Dubious Achievement Awards,” Annual Meeting of the American Political Science Association, Seattle, Washington, September 2011
• "A Theory of Judicial Deference,” Annual Meeting of the Southeastern Association of Law Schools, Hilton Head, South Carolina, July 2011
• "Courses on the United States Supreme Court: Themes and Audiences,” Law and Society Association Annual Meeting, San Francisco, California, May 2011
• "John Paul Stevens: Leader of the Resistance,” presented at:
  • Program in Public Law, Duke University, Durham, North Carolina, August 2010
  • Annual Meeting of the Southeastern Association of Law Schools, Palm Beach, Florida, August 2010
• "The Caperton Decision and the Deep Structure of the Due Process Clause,” Conference on Judicial Independence, Seattle University, Seattle, Washington, September 2010
• "Teaching Legal Doctrine in a Post-Realist World,” Annual Meeting of the Southeastern Association of Law Schools, Palm Beach, Florida, August 2009
• "The Role of Righteous Anger in Constitutional Discourse,” Law and Society Association Annual Meeting, Denver, Colorado, May 2009
• "Justice John Paul Stevens, the Seattle Schools Case, and the Role of Righteous Anger in Constitutional Discourse,” University of California-Davis Law Review Symposium on “Justice John Paul Stevens,” Davis, California, March 2009
• "Alternative Visions of the Judicial Role,” Annual Meeting of the Southeastern Association of Law Schools, Palm Beach, Florida, August 2008
• "Constitutional Theory, Constitutional Culture,” Annual Meeting of the Law and Society Association, Montreal, Canada, May 2008
• "The Future of Federal Courts,” Junior Federal Courts Faculty Workshop, American University’s Washington College of Law, Washington, District of Columbia, April 2008
• "From Bad to Worse?: Some Early Speculation About the Roberts Court and the Constitutional Fate of the Poor,” South Carolina Law Review Symposium on “The Robert Court and Equal Protection: Gender, Race, and Class,” Columbia, South Carolina, February 2008
• "Exploring the Due Process Super-Structure,” presented at:
  • Annual Meeting of the Southeastern Association of Law Schools, Amelia Island, Florida, July 2007
  • University of Kansas School of Law, Faculty Colloquium, Lawrence, Kansas, December 2006
  • Seattle University School of Law, Faculty Colloquium, Seattle, Washington, November 2006
  • University of Alabama School of Law, Faculty Colloquium, Tuscaloosa, Alabama, November 2006
• "Equal Protection Unmodified: Justice John Paul Stevens and the Case for Unmediated Constitutional Interpretation,” Conference on the Jurisprudence of Justice John Paul Stevens, Fordham University School of Law, New York, New York, October 2005
• "When Prosecutors Control Criminal Court Dockets: Dispatches on History and Policy from a Land Time Forgot,” Innocence Network Annual Conference, Washington, District of Columbia, April 2005
• "Comment” on G. Edward White’s “Historicizing Judicial Scrutiny,” Charles Knowlton Lecture, University of South Carolina, Columbia, South Carolina, March 2005
• "The Court Against the Courts: Hostility to Litigation as an Organizing Theme in the Rehnquist Court’s Jurisprudence,” presented at:
  • Faculty Colloquium, University of South Carolina School of Law, Columbia, South Carolina, January 2005
  • Annual Meeting of the Southeastern Association of Law Schools, Amelia Island, Florida, July 2003
• "Legal Education at Transylvania University: The Surprisingly Familiar Story of a Surprisingly Unfamiliar Law School,” Annual Meeting of the Southeastern Association of Law Schools, Kiawah Island, South Carolina, August 2004

SELECTED PUBLIC AND PROFESSIONAL PRESENTATIONS AND TESTIMONY

• “Administrative Law Cases at the Supreme Court: Reviewing the Last Term,” Federal Administrative Law Judges Conference, Seattle, Washington, September 2023 (scheduled).
• “The Upcoming Supreme Court Term,” Presentation to the Appellate Law Section of the King County Bar Association, Seattle, Washington, October 2018, October 2019, October 2020, November 2021, October 2022
• “What Was That? Making Sense of the Supreme Court’s 2021 Term,” Constitution Day Event, Seattle University, September 2022
• “Putting the Dobbs Decision in Context(s),” Presentations to the Seattle University School of Law Community and to the Albers Business School Community, June 2022, July 2022.
• “Supreme Court: Past, Present, and Future,” Presentation to the Lakewood Rotary Club, Lakewood, Washington, October 2021
• “Untangling the Presidential Election,” Presentation to Seattle University Community, Seattle, Washington, December 2020
• “Justice Ruth Bader Ginsburg: Reflections on Her Legacy,” Presentation to Seattle University Community, Seattle, Washington, September 2020
• “The Supreme Court: Current Cases and Future Directions,” Presentation to Monthly Meeting of 36th Legislative District Democratic Committee, Seattle, Washington, June 2018, May 2020
• “The Supreme Court Docket: Mostly Crim, Mostly Review,” CLE Organized by Federal Bar Association of Western Washington, November 2019
• “The Role of Courts on the Eve of Impeachment,” King County Bar Association Annual Bench-Bar Conference, Seattle, Washington, November 2019
• "Looking Back and Looking Ahead: SCOTUS Review,” Presentation to Annual Conference of Washington Appellate Judges, Union, Washington, March 2019
• “Constitutional Crisis: Are We There Yet?,” Arts and Ideas Discussion Series, Whidbey Island Arts Center, Langley, Washington, March 2019
• "Supreme Court Criminal Law and Procedure Review and Preview,” Presentation to the Criminal Law Section of the Federal Bar Association and of the King County Bar, Seattle, Washington, December 2018
• "The Supreme Court in the Balance, ”CLE Program Previewing the Supreme Court, Seattle University School of Law, Seattle, Washington, October 2018
• "The Supreme Court: Current Cases and Future Directions,” Presentation to Monthly Meeting of 36th Legislative District Democratic Committee, Seattle, Washington, June 2018, May 2020
• "Solving Twenty-First Century Problems with an Eighteenth-Century Constitution: Presidential Powers and their Limits in the Age of Trump,” and “Solving Twenty-First Century Problems with an Eighteenth-Century Constitution: The Supreme Court Confronts Cell Phones, Computerized Gerrymandering, Same Sex Marriage, and Modern Weapons,” Two-Lecture Series, Whidbey Island Arts and Ideas Lecture Series, Whidbey Island, Washington, March 2018
• "Questioning New (and Old) Arguments for Originalism,” Comment on Ilan Wurman author talk, Federalist Society Debate, Seattle, Washington, February 2018
• "The Supreme Court, Race, and War: Reflections on Korematsu and Current Controversies,” Social Justice Monday Panel, Seattle, Washington, February 2018
• "Constitutional Questions and Challenges: Big Cases, A Volatile Era, and a New Court,” CLE Program Previewing the Supreme Court “In the Age of Trump,” Seattle University School of Law, Seattle, Washington, October 2017
• “The Travel Ban, Masterpiece Cakeshop, and Other Hot Button Cases,” Student Panel previewing Supreme Court Term, Seattle, Washington, October 2017
• "Free Speech in these Contested Times,” Presentation to Robert J. Bryan American Inn of Court, Tacoma, Washington, October 2017
• "Recent (and Upcoming) Supreme Court Cases on Criminal Law and Procedure,” Lunchtime Presentation, Criminal Law Committee, Federal Bar Association for the Western District of Washington, September 2017
• "Our Constitutional Order,” “Our High Court,” and “Constitutional Challenges and Questions,” Three Lecture Series, Whidbey Island Arts and Cultural Center, June 2017
• "Supreme Court and Ninth Circuit Update,” Spring Meeting of the Western District of Washington, Seattle, Washington, May 2015, May 2016, May 2017
• "The Supreme Court without Justice Scalia,” CLE Program Previewing Supreme Court’s 2016 Term, Seattle University School of Law, Seattle, Washington, October 2016
• "Calling for a Truce?,” Debate about Marijuana Policy Sponsored by Seattle University School of Law Federalist Society Chapter and Cannabis Law Society, October 2016
• "The Future of the Supreme Court: A Dialogue,” and “Big Ticket Constitutional Cases,” CLE Program Previewing Supreme Court’s 2015 Term, Seattle University School of Law, Seattle, Washington, October 2015
• "Forecasting the Marriage Equality Cases,” Washington Pride Foundation Reception, Seattle, Washington, April 2015
• "Recent Supreme Court Criminal Law and Procedure Decisions,” Federal Bar Association, Continuing Legal Education Program, presented in:
  • Tacoma, Washington, April 2015
  • Seattle, Washington, October 2014
• "Due Process: Historical Roots and Contemporary Themes,” Annual Conference of Washington Appellate Judges, Lake Chelan, Washington, March 2015
• "Executive Authority in the Age of Gridlock: A Conversation between Kathy Ruemmler and Professor Andrew Siegel,” Annual Program of the Federal Bar Association, Seattle, Washington, December 2014
• "The Reasonableness of Rational Basis Review,” Debate Sponsored by Seattle University School of Law Federalist Society Chapter, October 2014
• "Nearly a Decade of the Roberts Court” and “Coming Culture War Cases,” CLE Program Previewing Supreme Court’s 2014 Term, Seattle University School of Law, Seattle, Washington, October 2014
• "Supreme Court Decisions Today,” Continuing Legal Education Program, Seattle University School of Law, Seattle, Washington, June 2014
• "Recent Trends in the Supreme Court’s Constitutional Jurisprudence,” Presentation to Annual Conference of Washington Appellate Judges, Seattle, Washington, April 2014
• "Themes in the Supreme Court’s Recent Equality Decisions,” Plenary Session, Washington State Bar Association Diversity Conference, Seattle, Washington, October 2013
• "Introduction” and “Constitutional Law Preview,” CLE Program Previewing Supreme Court’s 2013 Term, Seattle University School of Law, Seattle, Washington, October 2013
• "Where Does the Marriage Litigation Go From Here,” Constitution Day Program, Seattle University School of Law, Seattle, Washington, September 2013
• "Parenting Professors,” Annual Meeting of the Southeastern Association of Law Schools, Palm Beach, Florida, August 2013
• "Making Sense of the LGBTQ Cases Before the US Supreme Court,” Washington Pride Foundation Reception, Seattle, Washington April 2013
• "Key Decisions and Themes from the United States Supreme Court,” Presentation to Annual Conference of Washington Appellate Judges, Seattle, Washington, April 2013
• "Obama vs. Romney: The Future of the Supreme Court,” Lawyers for Obama Luncheon Event, Seattle, Washington, October 2012
• "Constitutional Limitations on Judges’ Courtroom Management Decisions,” Multiple Presentations at Washington State Annual Judicial Education Conference, Ocean Shores, Washington, October 2012
• "Introduction” and “Constitutional Law Preview,” CLE Program Previewing Supreme Court’s 2012 Term, Seattle University School of Law, Seattle, Washington, September 2012
• "Update on Federal Constitutional Law,” Presentation to Annual Conference of Washington Appellate Judges, Seatac, Washington, March 2012
• "The Coming Supreme Court Term: Sleepers and Whoppers,” CLE Program Previewing Supreme Court’s 2011 Term, Seattle University School of Law, Seattle, Washington, September 2011
• "Update on State and Federal Constitutional Law,” Presentation to Annual Conference of Washington Appellate Judges, Seatac, Washington, April 2011
• "Update on State and Federal Constitutional Law,” Presentation to Annual Conference of Washington Appellate Judges, Lake Chelan, Washington, April 2010
• "The Top Ten Story Lines from the Last Supreme Court Term,” Presentation to Annual Conference of Association of Former United States Attorneys, Seattle, Washington, September 2009
• "Introduction” and “Constitutional Law Preview,” CLE Program Previewing Supreme Court’s 2010 Term, Seattle University School of Law, Seattle, Washington, September 2009
• "The Constitutionality of Presidential Wire-Tapping and the Powers of the Presidency: A Sample Law School Class,” Seattle University School of Law Spring Visit Day, Seattle, Washington, May 2008 and May 2009
• "Executive Privilege: Setting the Stage,” Academic Introduction to CLE Program entitled “Congress vs. The President,” Seattle, Washington, October 2008
• "The Art of Constitutional Interpretation: Some Mildly Skeptical Reflections on District of Columbia v. Heller,” Seattle University School of Law Constitution Day Ceremony, Seattle, Washington, September 2008
• "The Reagan Justice Department Takes Charge: The Roberts Court and the Future of Constitutional Law,” Seattle University School of Law American Constitution Society Chapter, Seattle, Washington, April 2008
• "The Evolution of the Supreme Court’s Abortion Jurisprudence,” Seattle University School of Law American Civil Liberties Union Chapter, Seattle, Washington, March 2008
• "Legal Implications of the Proposed Anti-Gay Marriage Amendment,” presented at:
  • Peace Committee Colloquium, Shandon Presbyterian Church, Columbia, South Carolina, November 2006
  • Social Justice Breakfast, Washington Street United Methodist Church, Columbia, South Carolina, October 2006
  • Columbia Film Society, Columbia, South Carolina, May 2006
• "Putting the Hamdan Decision in Context,” Supreme Court Faculty Lunch Series, University of South Carolina School of Law, Columbia, South Carolina, September 2006
• "Repealing or Reforming Prosecutorial Docket Control: Arguments from History and Policy,” Testimony to South Carolina Senate Criminal Justice Task Force, Columbia, South Carolina, September 2006
• "Why Does the Supreme Court Take So Many Death Penalty Cases?,” Supreme Court Faculty Lunch Series, Columbia, South Carolina, September 2006
• "A Year Inside the Rehnquist Court,” Keynote Address, Annual Dinner of the John Belton O’Neall Inn of Court, Columbia, South Carolina, April 2006
• "The Alito Nomination in Cultural Context,” Supreme Court Faculty Lunch Series, University of South Carolina School of Law, Columbia, South Carolina, January 2006
• "October Term 2005 Supreme Court Preview,” Supreme Court Faculty Lunch Series, University of South Carolina School of Law, Columbia, South Carolina October 2005
• "The Supreme Court Confirmation Process,” Lecture to South Carolina Judiciary and Judicial Staff, South Carolina Court of Appeals, Columbia, South Carolina, October 2005
• "When Prosecutors Control the Criminal Court Docket: Dispatches on History and Policy from a Land Time Forgot,” Annual Conference of the South Carolina Public Defenders Association, Charleston, South Carolina, September 2005
• "The Roberts Nomination: Some Lessons from History,” Supreme Court Faculty Lunch Series, University of South Carolina School of Law, Columbia, South Carolina, September 2005
• "Some Historical and Constitutional Considerations on the Proposed Constitutional Amendment Banning Same-Sex Marriage,” Testimony to South Carolina Senate Judiciary Committee, Subcommittee on the Constitution, Columbia, South Carolina, March 2005
• "The Supreme Court’s 2003 Term: Lessons and Trends,” Lecture to South Carolina Judiciary and Judicial Staff, South Carolina Supreme Court, Columbia, South Carolina, July 2004
• "The University of Michigan Affirmative Action Decisions: Some Initial Reactions,” Faculty Colloquium, University of South Carolina School of Law, Columbia, South Carolina, June 2003
• "Putting the Florida Election Controversy in Context: A Comment on the Documentary ‘Unprecedented’,” Columbia Film Society, Columbia, South Carolina, June 2003