Headshot of Kurt Tracy Lash

Kurt Lash

E. Claiborne Robins Distinguished Chair in Law
Curriculum Vitae

  • Profile
    Professor Kurt Lash is the E. Claiborne Robins Distinguished Professor of Law at the University of Richmond where he teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published a number of works on the subjects of constitutional history, theory and law, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials (with William W. Van Alstyne) (5th ed., Foundation Press). In 2021, University of Chicago Press published Prof. Lash’s two-volume collection of original documents relating to the framing and ratification of the Thirteenth, Fourteenth and Fifteenth Amendments. Titled “The Reconstruction Amendments: Essential Documents,” the collection is the first of its kind. Prof. Lash is currently working on “A Troubled Birth of Freedom: The Struggle to Amend the Constitution in the Aftermath of the Civil War” (forthcoming, Yale University Press). An elected member of the American Law Institute, Professor Lash also serves on the advisory committee for the Reconstruction Amendments exhibit at the National Constitution Center, and on the advisory committee for the “Quill Project,” a corpus linguistics institute co-sponsored by Oxford University and Utah Valley University. Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, and Notre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
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    • Awards

      Wayne R. LaFave Award for Excellence in Faculty Scholarship (book) (2015)


      Carroll P. Hurd Award for Excellence in Faculty Scholarship (article) (2011)


      Willamette Center for Law and Government for "James Madison's 'Celebrated Report' of 1800: The Transformation of the Tenth Amendment" Peterson Prize for Writing on Federalism and the Tenth Amendment (2005)

    • Presentations

      "Re-Speaking the Bill of Rights," Originalism Symposium, University of Virginia Federalist Society (April 2024)


      "Originalism: Methods and Types," Judicial Education Institute, (March 2024)


      "The Ambiguous Section Three," Harvard Conference on History and Tradition, (February 2024)


      "Antebellum Religious Resistance ," San Diego Originalism Conference, University of San Diago (February 2024)


      "When is a President Disqualified?," University of Virginia, Karsh Institute (February 2024)


      "Section Three and Donald Trump," University of Toledo, Institute of American Constitutional Thought (January 2024)


      "The Disqualification of Donald Trump under Section Three," The Disqualification of Donald Trump under Section Three, BYU School of Law (January 2024)


      "The History of Section 3 of the 14th Amendment," U.Minnesota, (October 2023)


      "Section Three and Donald Trump," UCLA , (October 2023)


      "Slaughterhouse Cases at 150," Princeton University, (September 2023)


      "The Reconstruction Amendments," Constitution 101, National Constituton Center (March 2023)


      "Originalism: Types and Methods," Law and Corpus Linguistics Judicial Retreat, Judicial education Institute (March 2023)


      "Fixing the Fourteenth Amendment," Edwin Meese II Award for Originalist Scholarship, Heritage Foundation (March 2023)


      "Defending the Slaughterhouse Decision," National Constitution Center Podcast, National Constitution Center (February 2023)


      "The State Citizenship Clause," Michigan Law Workshop on Public Law, University of Michigan School of Law (February 2023)


      "The State Citizenship Clause," University of Penn. Carey School of Law Constitutional Law Symposium, Penn. Journing of Caonstitutional Law (January 2023)


      "The Original Meaning of the Ninth Amendment," NwU Workshop, Northwestern University School of Law, Federalist Society Chapter (November 2022)


      "Originalism and the Reconstruction Amendments ," University of Florida Levin School of Law, Federalist Society (October 2022)


      "Building the Reconstruction Amendments," Reconstruction Amendments: The Roots of Civil Rights, Center for the Constitution, Utah Valley University (September 2022)


      "Building the Reconstruction Amendments," Oxford University "The Civil Rights Amendments", Quill Project, Pembroke College, Oxford University (July 2022)


      "Federalism and Freedom: Lincoln Republicans and The Fourteenth Amendment," Lincoln Library Lecture, Midwestern Conference, Lawyers Division, Federalist Society (April 2022)


      "Building the Reconstruction Amendments," Conference on Reconstruction Amendments, University of Chicago School of Law (April 2022)


      "The Fourteenth Amendment: Text and Historical Context," ASU Workshop on the Fourteenth Amendment, Arizona State University; Federalist Society (April 2022)


      "Originalism: Theories and Methodology," Judicial Retreat at the Greenbrier Resort: Originalism and Corpus Linguistics, Judicial Education Institute (February 2022)


      "Beyond the First Amendment on Campus Free Expression," NASPA Student Affairs Law and Policy Conference, (December 2021)


      "Documenting Reconstruction," Constitutional Law Colloquium, George Washington University (November 2021)


      Lecturer, "The Transformation of the Bill of Rights," Annual Conference on Constitutional Principles and History, Christopher Newport University (October 2021)


      "Ending Slavery, Expanding Liberty: The History of the 13th, 14th and 15th Amendments," The Shepherd's Center of Richmond's Open University, Richmond's Open University (October 2021)


      "The Federalist Papers Between the Founding and the Civil War," American Political Science Association Annual Conference, APSA (October 2021)


      Panelist, "The Reconstruction Amendments: Essential Documents (book discussion)," Panel discussion with Richard Primus (Michigan) and Chris Green (Ole Miss), Cato Institute (September 2021)


      Panelist, "The Supreme Court's Religion Cases," UR Law School Constitution Day Panel Discussion, Federalist Society and American Constitution Society (September 2021)


      Presenter, "The Transformation of the Bill of Rights," Law Library of Congress Constitution Day Lecture, Law Library of Congress (September 2021)


      Panelist, "The Original Meaning of Section One of the Fourteenth Amendment," Panel Discussion with Eric Foner and Michael Curtis, California Academy of Appellate Lawyers (May 2021)


      Panelist, "Do We Need a Third Reconstruction? ," Panel Discussion with Sherrilyn Ifill and Jeffrey Rosen, National Constitution Center (April 2021)


      Panelist, "Was the Original Constitution an Anti- Slavery or Pro-Slavery Document?," Panel Discussion of Sean Wilentz's Book "No Property in Man", Georgetown Law Center (April 2021)


      Presenter, "The First Amendment Religion Clauses," Scholar Exchange, National Constitution Center (February 2021)


      Panelist, "The Public's Understanding of Originalism," "Originalism Under Fire", University of Virginia, Student Chapter of Federalist Society (February 2021)


      Presenter, "Three Stories about the Constitution: The Declaration, The Founding and the Fourteenth Amendment," Constitution Day, National Constitution Center (September 2020)


      Presenter, "A Troubled Birth of Freedom: The Fourteenth Amendment and the Struggle to Secure the Victory of the Civil War," National Association of Attorneys General's annual State Solicitors General and Appellate Chiefs Conference, National Association of Attorneys Generals (July 2019)


      Presenter, "The creation of the new permanent exhibit on the Reconstruction Amendments," The National Constitution Center (May 2019)


      Presenter, "The Drafting of the Reconstruction Amendments," Grand Opening, Gallery/Exhibit: The Reconstruction Amendments, National Constitution Center (May 2019)


      Presenter, "Federalism and Reconstruction," Reconstruction at 150, Duke Law School (March 2019)


      Presenter, "The Drama of the Fourteenth Amendment," Citizenship and the Fourteenth Amendment, Gettysburg College (March 2019)


      Presenter, "The Enumerated Rights Reading of the Privileges or Immunities Clause," Federalist Society Student Symposium, Arizona State University School of Law (March 2019)


      Presenter, "Young Scholar Works-In-Progress," Association of American Law Schools Annual Conference, Federalist Society Division, Association of American Law Schools (January 2019)


      Presentations Prior to 2019

    • Memberships

      Member, American Bar Association


      Member, American Society for Legal History


      Member, International Association of Constitutional Law


      Member, Washington State Bar


      Elected Member, American Law Institute: Consultative Group for the Uniform Commercial Code - Revisions to Articles 1, 2, 2A, 2B, 3, 4, 4A, 5, and 9; Consultative Group for the Restatement of Suretyship and the Transnational Insolvency Project (2016 - present)


      Chair, Association of American Law Schools, Section on Constitutional Law (2008 - present)


      Executive Committee, Association of American Law Schools, Section on Constitutional Law (2007 - present)

    • Professional Experience

      E. Claiborne Robins Distinguished Chair in Law (2017 - present)
      University of Richmond School of Law, Richmond, VA


      Guy Raymond Jones Chair in Law (2013 - 2017)
      University of Illinois College of Law


      Co-Director, Program in Constitutional Theory, History, and Law (2011 - 2017)
      University of Illinois College of Law


      Alumni Distinguished Professor of Law (2010 - 2013)
      University of Illinois College of Law


      Visiting Professor of Law (2012 - 2012)
      Northwestern University School of Law


      James P. Bradley Professor of Constitutional Law (2008 - 2010)
      Loyola Law School, Los Angeles, CA


      D & L Straus Distinguished Visiting Professor (2008 - 2008)
      Pepperdine University School of Law, Malibu, CA


      W. Joseph Ford Fellow (1999 - 2008)
      Loyola Law School, Los Angeles, CA


      Professor of Law (1996 - 1999)
      Loyola Law School, Los Angeles, CA


      Assistant Professor (1993 - 1996)
      Loyola Law School, Los Angeles, CA


      Law Clerk to the Hon. Robert R. Beezer (1992 - 1993)
      U.S. Court of Appeals, Ninth Circuit

  • Publications
    Books

    A Troubled Birth of Freedom: The Struggle to Amend the Constitution in the Aftermath of the Civil War (Yale University Press)

    The Reconstruction Amendments: Essential Documents (two volumes) (University of Chicago Press) (April 2021).

    The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press) (2014).

    The Lost History of the Ninth Amendment (Oxford University Press) (2009).

    Journal Articles

    The Meaning and Ambiguity of Section Three of the Fourteenth Amendment, Harv. Journal of Law & Public Policy

    Roe and the Original Meaning of the Thirteenth Amendment, 21 Georgetown Journal of Law & Public Policy 131 (2023).

    Becoming the Bill of Rights: The 1791 Amendments from the Founding to the Fourteenth Amendment, Virginia Law Review

    The State Citizenship Clause, Pennsylvania Journal of Constitutional Law

    Originalism All the Way Down?, 30 Constitutional Commentary 149 (2014).

    Federalism, Individual Rights and Judicial Engagement, 19 George Mason Law Review 873 (2012).

    Beyond Incorporation, 18 Journal of Contemporary Legal Issues 447 (2009).

    A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review 895 (2008).

    Of Inkblots and Originalism: Historical Ambiguity and the Case of the Ninth Amendment, 31 Harvard Journal of Law & Public Policy 467 (2008).

    The Inescapable Federalism of the Ninth Amendment, 93 Iowa Law Review 801 (2008).

    Three Myths of the Ninth Amendment, 56 Drake Law Review 101 (2008).

    Minority Report: John Marshall and the Defense of the Alien and Sedition Acts, 68 Ohio State Law Journal 435 (with Alicia Harrison) (2007).

    The Lost Jurisprudence of the Ninth Amendment, 83 Texas Law Review 597 (2005).

    The Lost Original Meaning of the Ninth Amendment, 83 Texas Law Review 331 (2004).

    Power and the Subject of Religion, 59 Ohio State Law Journal 1069 (1998).

    Foreword: Voluntary Restraint and the Wormhole Effect, 29 Loyola of Los Angeles Law Review 1401 (1996).

    The Second Adoption of the Establishment Clause: The Rise of the Nonestablishment Principle, 27 Arizona State Law Journal 1085 (1995) (cited by United States Supreme Court in Greece v. Galloway, 2014; excerpts reprinted in The Establishment Clause: An Anthology, Alan Brownstein ed., Prometheus, 2007).

    Book Chapters

    The Origins of the Fourteenth Amendment's Citizenship Clause, in Citizenship and Civic Leadership in America (Arizona State University, School of Civic and Economic Thought and Leadership) (2021).

    The Ninth Amendment, in The Encyclopedia of the Supreme Court of the United States (2008).

    Unenumerated Rights, in The Encyclopedia of the Supreme Court of the United States (2008).

    Five Models of Church Autonomy: An Historical Look at Religious Liberty Under the United States Constitution, in Church Autonomy: A Comparative Survey (Peter Lang Publishers) (2001).

    Government Aid to Religion, in Encyclopedia of the American Constitution, Supplement II (1999).

    Religion and Secularism in Constitutional Interpretation and Democratic Debate, in Encyclopedia of the American Constitution, Supplement II (1999).

    School Choice, in Encyclopedia of the American Constitution, Supplement II (1999).

    Book Reviews

    George Washington's Constitution, The New Rambler Review (2016).

    Originalism as Jujitsu, 25 Const. Comment 521 (2009).

    Separating Church and State: Roger Williams and Religious Liberty, Journal of Law and Religion (2001).

    Review - Civilizing Religion: Perry's Religion in Politics, 65 The George Washington Law Review 1100 (1997).

    Textbooks

    The American First Amendment in the Twenty-First Century: Cases and Materials (Foundation Press) (with William Van Alstyne) (2014).

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