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 Kurt Tracy Lash
Kurt Tracy Lash
E. Claiborne Robins Distinguished Chair in Law
Courses Taught Constitutional Law First Amendment Law
Profile

Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely 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). He is currently working on a 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 work will be published by University of Chicago Press in late 2019. 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. Professor Lash’s work has appeared in numerous legal journals including the Stanford Law JournalGeorgetown Law JournalVirginia 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.

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
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," Citzenship 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)
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
Journal Articles

McCulloch v. Madison: John Marshall's Effort to Bury Madisonian Federalism, Arkansas Law Review (2020).

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 (1995).

The Second Adoption of the Establishment Clause: The Rise of the Nonestablishment Principle, 27 Arizona State Law Journal 1085 (1994) (cited by United States Supreme Court in Greece v. Galloway, 2014; excerpts reprinted in The Establishment Clause: An Anthology, Alan Brownstein ed., Prometheus, 2007).

Books

The Reconstruction Amendments: Essential Documents (two volumes) (University of Chicago Press) (2019).

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).

Book Chapters

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 et al.) (2014).

Education
B.A., Whitman College
J.D., Yale Law School
Contact Information
Room 211, Law School
(804) 289 8046
(804) 289 8992 (Fax)
Areas of Expertise
Constitutional Law
Religious Liberty
Freedom of Speech
Supreme Court
Legal History
Reconstruction