Biography:
Professor Gerber is also Senior Research Scholar in Law and Politics at the Social
Philosophy and Policy Center. He clerked for U.S. District Chief Judge Ernest C.
Torres of the District of Rhode Island and practiced with the Boston-based law
firm Bingham, Dana & Gould (now Bingham McCutchen). He is a member of the Massachusetts, Colorado, and Virginia bars, as well as the U.S. Supreme Court bar. He is the 2002 winner of the
Fowler V. Harper Award for excellence in legal scholarship. In 2008, he was appointed to a two-year term on the Ohio Advisory Committee of the U.S. Commission on Civil Rights.
Publications:
BOOKS
The Law Clerk: A Novel (Ohio Northern University Press, as distributed by Kent State University Press, 2007)
The Declaration of Independence: Origins and Impact (CQ Press, 2002) (editor
and contributor)
The Ivory Tower: A Novel (University Press of the South, 2002)
First Principles: The Jurisprudence of Clarence Thomas (New York University
Press, 1999; expanded edition, 2002)
Seriatim: The Supreme Court Before John Marshall (New York University Press,
1998) (editor and contributor)
To Secure These Rights: The Declaration of Independence and Constitutional
Interpretation (New York University Press, 1995)
ARTICLES
"Justice Thomas and the Burning Cross," First Amendment Center Online (2007) (invited symposium contribution)
"Unburied Treasure: Governor Thomas Burke and the Origins of Judicial Review," 8 Historically Speaking 29
(July/August 2007)
"The Political Theory of an Independent Judiciary," 116 Yale Law Journal 223
(Pocket Part) (2007)
"The Politics of Free Speech," 21 Social Philosophy and Policy 23 (2004)
*also appeared as a chapter in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey
Paul, eds., Freedom of Speech (Cambridge University Press, 2004)
"Corbin and Fuller's Cases on Contracts (1942?): The Casebook That Never
Was," 72 Fordham Law Review 595 (2003)
"Robert H. Bork," Great American Judges: An Encylopedia (John R. Vile ed.,
ABC-CLIO, 2003)
"The Myth of Marbury v. Madison and the Origins of Judicial Review," Marbury versus Madison: Documents and Commentary (Mark A. Graber and
Michael Perhac eds., CQ Press, 2002)
"An Ivy League Mystery: The Lost Papers of Arthur Linton Corbin," 53 South
Carolina Law Review 605 (2002)
"Privacy and Constitutional Theory," 17 Social Philosophy and Policy 165 (2000)
* also appeared as a chapter in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey
Paul, eds., The Right to Privacy (Cambridge University Press, 2000)
"On Ranking Public Law Programs," 9 Law and Courts 9 (1999)
"Would the Framers Impeach President Clinton?," 8 Law and Courts 4 (1998)
"Justice Clarence Thomas and the Jurisprudence of Race," 25 Southern University
Law Review 43 (1997)
"The Quixotic Search for Consensus on the U.S. Supreme Court: A Cross-Judicial
Empirical Analysis of the Rehnquist Court Justices," 91 American Political
Science Review 390 (1997) (co-authored with Keeok Park)
"Judging Thomas: The Politics of Assessing a Supreme Court Justice," 27 Journal
of Black Studies 224 (1996)
"The State of the Subfield: A View From the Bottom," 6 Law and Courts 3 (1996)
"Roger Sherman and the Bill of Rights," 28 Polity 521 (1996)
"The Republican Revival in American Constitutional Theory," 47 Political
Research Quarterly 985 (1994)
"Reordering American Constitutional Law Teaching," 27 PS: Political Science &
Politics 703 (1994)
"Whatever Happened to the Declaration of Independence? A Commentary on the
Republican Revisionism in the Political Thought of the American Revolution," 26
Polity 207 (1993)
"Justice Clarence Thomas: First Term, First Impressions," 35 Howard Law
Journal 115 (1992)
"The Jurisprudence of Clarence Thomas," 8 Journal of Law & Politics 107 (1991)
"Original Intent and Its Obligations: Rediscovering the Principles of the American
Founding," 11 Hamline Journal of Public Law and Policy 1 (1990)
BOOK REVIEWS
of Clarence Thomas My Grandfather's Son: A Memoir, Findlaw.com, 4 December 2007
of Larry D. Kramer, The People Themselves: Popular Constitutionalism and
Judicial Review, 92 Journal of American History 1532 (2006)
of R. Kent Newmyer, John Marshall and the Heroic Age of the Supreme Court,
101 Virginia Magazine of History and Biography 104 (2002)
of Samuel A. Marcosson, Original Sin: Clarence Thomas and the Failure of
Constitutional Conservatives, 12 Law and Politics Book Review 360 (2002)
of Christopher E. Smith and Joyce A. Baugh, The Real Clarence Thomas:
Confirmation Veracity Meets Performance Reality, 45 American Journal of Legal
History 112 (2001)
of Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme
Court and Mark Tushnet, Taking the Constitution Away from the Courts, 24
Harvard Journal of Law and Public Policy 309 (2000)
of Saul Cornell, The Other Founders: Antifederalists and the Dissenting Tradition
in America, 1788-1828, H-Law (2000)
of Akhil Reed Amar, The Bill of Rights: Creation and Reconstruction, H-Law
(2000)
of Paul W. Kahn, The Cultural Study of Law: Reconstructing Legal Scholarship, 9 Law and Politics Book Review 379 (1999)
of Ronald Hoffman and Peter J. Albert, eds., The Bill of Rights: Government
Proscribed, 86 Journal of American History 760 (1999)
of Howard Ball, Defiant Life: Thurgood Marshall and the Persistence of Racism in
America, 2 Books-on-Law (1999)
of Anthony J. Sebok, Legal Positivism in American Jurisprudence, 9 Law and
Politics Book Review 116 (1999)
of Douglas W. Kmiec and Stephen B. Presser, The American Constitutional
Order: History, Cases, and Philosophy, 8 Law and Politics Book Review 401
(1998)
of Steven D. Smith, The Constitution and the Pride of Reason, 27 Perspectives on
Political Science 228 (1998)
of Richard G. Stevens, The American Constitution and Its Provenance, 27
Perspectives on Political Science 189 (1998)
of Paul W. Kahn, The Reign of Law: Marbury v. Madison and the Construction of
America, 85 Journal of American History 1494 (1998)
of Anita Hill, Speaking Truth to Power, Washington Times, 22 November 1997,
C3
* reprinted in Washington Times Weekly, 14 December 1997, 27
of Charles F. Hobson, The Great Chief Justice: John Marshall and the Rule of
Law and Jean Edward Smith, John Marshall: Definer of a Nation, 84 Journal of
American History 658 (1997)
of Charles F. Hobson, The Great Chief Justice: John Marshall and the Rule of
Law, Daily Press, 1 September 1996, H5, cols. 2-4
of William R. Casto, The Supreme Court in The Early Republic: The Chief
Justiceships of John Jay and Oliver Ellsworth, 15 Journal of the Early Republic
673 (1995)
of John Marshall, John Locke: Resistance, Religion and Responsibility, 24
Perspectives on Political Science 249 (1995)
of Gary C. Bryner and A.D. Sorensen, eds., The Bill of Rights: A Bicentennial
Assessment, 76 Social Science Quarterly 929 (1995)
of David A. Schultz, Power, Property, and American Democracy, 55 Journal of
Politics 1181 (1993)
of Bruce A. Ackerman, We the People v.1: Foundations and Mary Ann Glendon,
Rights Talk: The Impoverishment of Political Discourse, 9 Journal of Law &
Politics 232 (1992)
OP-EDS
"Blame Canada: The Arguments For and Against Increasing Federal Judicial Salaries," Findlaw.com, 1 February 2008 (co-authored with Kevin Hawley)
"Time to Close the Book," National Law Journal , 15 October 2007, 23, cols. 3-4
"A Graduation Missive on Elitism in the Law: or, as Larry David Would Put It, 'I need a little more flair. I don't have enough flair.'," Findlaw.com, 11 May 2007 (co-authored with Kevin Hawley)
"Chief Justice Roberts and the Misguided Call for Judicial Pay Raises," Jurist, 2
January 2007 (reprinted from 5 January 2006)
"Michigan's Controversial Proposition 2, Eliminating Affirmative Action in the
State: A Good Example of Popular Constitutionalism?," Findlaw.com, 16
November 2006
"The Legal Professoriate's Case Against Judicial Review: Why the Academy is
Wrong, And Why It Matters," Findlaw.com, 30 August 2006
"The Radicalization of American Legal Education, Revisited," Findlaw.com, 15
March 2006
"Chief Justice Roberts and the Misguided Call for Judicial Pay Raises," Jurist, 5
January 2006
"Why the Senate Should Confirm Judge Alito: The Democrats Liked Him Before,
and They Don't Need to Love Him Now," Findlaw.com, 3 November 2005
"Bush Blinks and Miers Pays the Price," Jurist, 28 October 2005
"Harriet Miers and the Myth that Great Supreme Court Justices Must Be Former
Judges from Elite Law Schools," Findlaw.com, 5 October 2005
"Roberts and Supreme Court Consensus," Jurist, 21 September 2005
"Replacing Justice O’Connor: What Would John Adams Do?," Jurist, 6 July 2005
"The Radicalization of American Legal Education," Findlaw.com, 30 May 2005
"Sen. Reid vs. Justice Thomas," Washington Times, 11 December 2004, A13,
cols. 5-6
"Whom Would Kerry Select?," National Law Journal, 4 October 2004, 22, cols. 2-4
"Don't Abuse a Rare Process," National Law Journal, 8 March 2004, 22, cols. 2-4
"Allow Military Recruitment," National Law Journal, 15 December 2003, 34, cols.
2-4
"Justice Thomas and Mr. Jefferson," Legal Times, 5 May 2003, 60, cols. 1-3, 61,
cols. 1-2
"A Naive Notion Gone Awry," National Law Journal, 7 April 2003, A18, cols. 1-3
"Marbury v. Madison: Law's Mixed Legacy," Toledo Blade, 22 February 2003,
A9, cols. 1-4
"The Strong, Silent Supreme Type," Los Angeles Times, 29 December 2002, M5,
cols. 3-6
"Whose Judges Are They?," Legal Times, 25 November 2002, 38, cols. 1-3
"Whatever Happened to Question 6?," Providence Journal, 22 January 2001, A9,
col. 1
"High Court Rules R.I. has British System," Providence Journal, 30 July 2000, E8, cols. 3-5
"If It Reaches the Senate, the Chief Justice is Ready," Christian Science Monitor,
8 October 1998, 11, cols. 1-5
* also appeared in Hartford Courant, 9 October 1998, A21, cols. 1-5
"The Ideas of Justice Thomas," Washington Post, 28 July 1998, A15, col. 5
* also appeared in Daily Press, 26 July 1998, H6, col. 1
"Safeguards Against Abuse of Power Are Tested Again," Florida Times-Union, 5
February 1998, A15, cols. 1-3
"Say, What Was the American Revolution About, Anyway?," Richmond Times-
Dispatch, 4 July 1996, A17, cols. 2-5
"Bout with Justice: Clarence Thomas Gets Bashed Again," Daily Press, 9 July
1995, H1, cols. 2-5, and H4, cols. 1-3
* also appeared in Virginia Gazette, 8 July 1995, 7A, cols. 1-3
"The Myth of Non-Partisan Consensus-Building on the High Court," Legal Times,
14 November 1994, 24, cols. 1-3, and 27, cols. 1-2 (co-authored with Keeok
Park)
"Court Selection Should Be Merit Based," York Town Crier, 21 July 1993, 4, cols.
2-3
"Next President Could Have Huge Impact on the Supreme Court," Virginian-Pilot,
18 September 1992, A18, cols. 1-5
SUNDRY
"Carolina Charter of 1663," North Carolina History Project Encyclopedia (2007)
"Clarence Thomas," 3 Encyclopedia of American Civil Liberties 1650 (Paul Finkleman ed., Routledge, 2006)
"Calder v. Bull (1798)," 1 Encyclopedia of American Civil Liberties 212 (Paul Finkleman ed., Routledge, 2006)
"The Supreme Court, Part I: The Least Dangerous Branch," 93 Journal of
American History 971 (2006) (movie review)
"Justice Clarence Thomas," 2 Federalism in America: An Encyclopedia 641
(Joseph R. Marbach, Ellis Katz, and Troy E. Smith eds., Greenwood Press, 2005)
"Justice Thomas, the Declaration of Independence, and the Michigan Cases," 28
Southern Illinois University Law Review 519 (2004) (transcript of remarks)
"Commerce Clause," 2 Dictionary of American History 310 (Stanley I. Kutler
ed., 3rd ed., Charles Scribner's Sons, 2003)
Letter to the Editor, "Thomas Jefferson is Okay, Clarence Thomas is Not?,"
Washington Times, 12 October 2002, A11
"First Principles: The Jurisprudence of Clarence Thomas," Campbell Law
Observer, September 2002, 7, cols. 1-4 (published remarks)
"'My Rookie Years are Over': Clarence Thomas After Ten Years," 10 American
University Journal of Gender, Social Policy, and the Law 343 (2002) (published
remarks)
