B.A., Syracuse University M.A., Ph.D., University of Chicago Fellow in Law and Humanities, Harvard Law School
A specialist in American legal history, constitutional law, and race and the law, Professor Paul Finkelman is the author of more than 150 scholarly articles and more than 30 books. His op-eds and shorter pieces have appeared in the New York Times, the Washington Post, USA Today, and on the Huffington Post. He was recently named the ninth most cited legal historian according to "Brian Leieter's Law School Rankings."
He is an expert in constitutional history and constitutional law, freedom of religion, the law of slavery, civil liberties and the American Civil War, and legal issues surrounding baseball. He has written extensively on Thomas Jefferson and on Abraham Lincoln. Professor Finkelman was the chief expert witness in the Alabama Ten Commandments monument case and his scholarship on religious monuments in public spaces was cited by the U.S. Supreme Court in Van Orden v. Perry (2005). His scholarship on the Second Amendment has also been cited by the Supreme Court. In 2002 he was a key expert witness in the suit over who owned Barry Bonds' 73rd home run ball.
C-SPAN was on the Albany Law School campus in fall 2010 to tape Professor Paul Finkelman's two-hour class on the Dred Scott case. The program aired nationally and is now part of C-Span’s series on American History. He has also appeared on other C-Span programs, on PBS, and the History Channel.
Curriculum Vitae (.pdf)
Professor Finkelman is frequently featured at numerous speaking engagements around the country. For a full and accurate list of these engagements, visit his personal website.
CONGRESS AND THE CRISIS OF THE 1850s. Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2012
The Appeasement of 1850, in CONGRESS AND THE CRISIS OF THE 1850’s (Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2012): 36-79
Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio (Co-edited with Roberta Sue Alexander, Ohio University Press, 2012)
A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES. Co-Authored with Melvin I. Urofsky. 2 vols. 3rd edition. New York: Oxford University Press, 2011.
IN THE SHADOW OF FREEDOM: THE POLITICS OF SLAVERY IN THE NATIONAL CAPITAL. Co-edited with Donald R. Kennon. Athens, OH: Ohio University Press, 2011
Constitutional Law in Context, Third Edition, by Michael Kent Curtis, J. Wilson Parker, Davison M. Douglas, Paul Finkelman, William G. Ross (Carolina Academic Press, 2011)
AMERICAN LEGAL HISTORY: CASES AND MATERIALS. Co-authored with James W. Ely, Jr., (New York: Oxford University Press, 2011). 4th edition
THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES ON RACE AND LAW. Co-edited with David Thomas Konig and Christopher Alan Bracey. Athens: Ohio University Press, 2010.
A BRIEF NARRATIVE OF THE CASE AND TRYAL OF JOHN PETER ZENGER. Boston: Bedford Books, 2010
MILESTONE DOCUMENTS IN AFRICAN AMERICAN HISTORY: EXPLORING THE PRIMARY SOURCES OF NOTABLE AMERICANS. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, 2010
THE POLITICAL LINCOLN: AN ENCYCLOPEDIA. Co-edited with Martin J. Hershock. Washington, DC: CQ Press, 2009
ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, 1896 TO THE PRESENT: FROM THE AGE OF SEGREGATION TO THE TWENTY-FIRST CENTURY. Editor-in-Chief. 5 vols. New York: Oxford University Press, 2009
ENCYCLOPEDIA OF UNITED STATES INDIAN POLICY AND LAW. Co-edited with Tim Alan Garrison. 2 vols. Washington, DC: CQ Press, 2009
CONGRESS AND THE EMERGENCE OF SECTIONALISM: FROM THE MISSOURI COMPROMISE TO THE AGE OF JACKSON. Co-edited with Donald R. Kennon. Athens, Ohio: Ohio University Press, 2008
TERRORISM, GOVERNMENT, AND LAW: NATIONAL AUTHORITY AND LOCAL AUTONOMY IN THE WAR ON TERROR. Co-edited with Susan N. Herman. Westport, CN: Praeger Security International, 2008
LANDMARK DECISIONS OF THE UNITED STATES SUPREME COURT. 2nd Edition. With Melvin I. Urofsky. Washington, DC: CQ Press, 2008.
DOCUMENTS OF AMERICAN CONSTITUTIONAL AND LEGAL HISTORY. Co-edited with Melvin I. Urofsky. 2 vols. 3rd edition. New York: Oxford, 2008
ENCYCLOPEDIA OF AMERICAN CIVIL LIBERTIES. Editor-in-Chief. 3 vols. New York: Routledge, 2006
THE HISTORY OF MICHIGAN LAW. Co-edited with Martin J. Hershock. Athens, Ohio: Ohio University Press, 2006. Recipient of Annual Book Award from the Michigan Historical Society, 2007; Designated a Michigan Notable Book for 2007 by the Library of Michigan
THE ENCYCLOPEDIA OF THE NEW AMERICAN NATION. Editor-in-Chief. 3 vols. Detroit: Charles Scribners Sons/Gale, 2006
CONSTITUTIONAL LAW IN CONTEXT. With Michael Kent Curtis, J. Wilson Parker and Davison M. Douglas. 2 vols. 2nd ed., Durham, NC: Carolina Academic Press, 2006
ENCYCLOPEDIA OF AFRICAN AMERICAN HISTORY, 1619-1895: FROM THE COLONIAL PERIOD TO THE AGE OF FREDERICK DOUGLASS. Editor-in-Chief. 3 vols. New York: Oxford University Press, 2006
TERRIBLE SWIFT SWORD: THE LEGACY OF JOHN BROWN. Co-edited with Peggy A. Russo. Athens, Ohio: Ohio University Press, 2005
AMERICAN LEGAL HISTORY: CASES AND MATERIALS. With Kermit L. Hall and James W. Ely, Jr. New York: Oxford University Press, 3rd ed. 2005
ENCYCLOPEDIA OF THE HARLEM RENAISSANCE. Co-edited with Cary D. Wintz. 2 vols. New York: Routledge, 2004
THE LIBRARY OF CONGRESS CIVIL WAR DESK REFERENCE. Co-edited with Margaret Wagner and Gary W. Gallagher. New York: Simon and Schuster, 2002
A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES. With Melvin I. Urofsky. 2 vols. New York: Oxford, 2002
SLAVERY AND THE FOUNDERS: RACE AND LIBERTY IN THE AGE OF JEFFERSON. 2nd ed., Armonk, NY: M.E. Sharpe, 2001
THE ENCYCLOPEDIA OF AMERICAN POLITICAL HISTORY. Co-edited with Peter Wallenstein. Washington, DC: Congressional Quarterly Press, 2001
ENCYCLOPEDIA OF THE UNITED STATES IN THE NINETEENTH CENTURY. 3 Vols. Editor-in-Chief. New York: Charles Scribner's Sons, 2001
IMPEACHABLE OFFENSES: A DOCUMENTARY HISTORY FROM 1787 TO THE PRESENT. With Emily Van Tassel. Washington, DC: Congressional Quarterly Press, 1998.
RELIGION AND AMERICAN LAW: AN ENCYCLOPEDIA. Editor. New York: Garland, 2000
MACMILLAN ENCYCLOPEDIA OF WORLD SLAVERY. 2 Vols. Co-edited with Joseph C. Miller. New York: Macmillan, 1998.
DRED SCOTT V. SANDFORD: A BRIEF HISTORY WITH DOCUMENTS. Boston: Bedford Books, 1997
BASEBALL AND THE AMERICAN LEGAL MIND. With Spencer Waller and Neil Cohen. New York: Garland, 1995
RACE AND LAW IN AMERICAN HISTORY: LEADING ARTICLES. Editor and author of Introductions. 11 vols. (Garland, 1992)
TOWARD A USABLE PAST: LIBERTY UNDER STATE CONSTITUTIONS. Co-Edited with Stephen Gottlieb. Athens, GA: University of Georgia Press, 1991
TOWARD A USABLE PAST, (editor, with Paul Finkelman) (University of Georgia Press, 1991)
SLAVERY, RACE, AND THE AMERICAN LEGAL SYSTEM, 1700-1872. Editor and author of introductions. 16 vols. (Garland, 1988). (Reprint, Lawbook Exchange, 2007)
THE LAW OF FREEDOM AND BONDAGE: A CASEBOOK. Dobbs Ferry, NY: Oceana Press and NYU School of Law, 1986
SLAVERY IN THE COURTROOM. Washington, DC: Library of Congress, 1985.
AN IMPERFECT UNION: SLAVERY, FEDERALISM, AND COMITY. Chapel Hill, NC: University of North Carolina Press, 1981. Reprint, Law Book Exchange, 2001
"The Origins of Colorism in Early American Law" in Kimberly Jade Norwood, ed., Color Matters: Skin Tone Bias and the Myth of a Post-Racial America (New York and London: Routledge, 2014) 29-43
Review: "Francis Lieber and the Modern Law of War," University of Chicago Law Review, forthcoming
Chapter: States' Rights, Southern Hypocrisy, and the Crisis of the Union, UNION & STATES' RIGHTS: A HISTORY AND INTERPRETATION OF INTERPOSITION, NULLIFICATION, AND SECESSION 150 YEARS AFTER SUMTER, Neil H. Cogan, editor (Law & Legal Thought Across Disciplines Published in Cooperation with The University of Akron School of Law)(2013)
Review, The Tribunal: Responses to John Brown and the Harpers Ferry Raid, THE FEDERAL LAWYER, July 2013
Chapter: "The Coming of the Emancipation Proclamation" in The New York Times: Disunion, a collection of 106 articles from The New York Times Opinionator blog edited by Ted Widmer with Clay Risen and George Kalogerakis.
Slavery's Constitution: The Creation of America's Covenant with Death in IS THE AMERICAN CONSTITUTION OBSOLETE? (ed. Thomas J. Main) (Carolina Academic Press 2013)
How the Proslavery Constitution Led to the Civil War, 43 Rutgers Law Journal 405 (2013)
“I Could Not Afford to Hang a Man For Votes”: Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons, 39 William Mitchell Law Review 405-449 (2013)
FRANKLIN JOHNSON, THE DEVELOPMENT OF STATE LEGISLATION CONCERNING THE FREE NEGRO. Introduction to reprint edition. Clark, N.J.: The Lawbook Exchange, 2012
Chapter: "From Slavery to Freedom in a Galaxy Far, Far Away" in Star Wars and History (ed. Nancy R. Reagin and Janice Liedl) (John Wiley and Sons, 2012) pp. 228-53
“Slavery,” co-authored with Seymour Drescher, Bardo Fassbender and Anne Peters, eds., The Oxford Handbook of the History of International Law (Oxford, Eng: Oxford University Press, 2012) pp. 890-917
Toleration and Diversity in New Netherland and the Duke's Colony: The Roots of America's First Disestablishment, in T. Jeremy Gunn and John Witte, Jr. eds., NO ESTABLISHMENT OF RELIGION: AMERICA'S ORIGINAL CONTRIBUTION TO RELIGIOUS LIBERTY (New York: Oxford University Press, 2012) 125-157
Slavery, co-authored with Seymour Drescher in, eds. THE OXFORD HANDBOOK OF THE HISTORY OF INTERNATIONAL LAW (eds. Bardo Fassbender and Anne Peters) (Oxford, Eng.: Oxford University Press, 2012), Chap. 37
Slavery in the United States: Persons or Property? in THE LEGAL UNDERSTANDING OF SLAVERY FROM THE HISTORICAL TO THE CONTEMPORARY (ed. Jean Allain) (Oxford, Eng.: Oxford University Press, 2012), 105-134
Introduction, Thirty Years of Lynching in the United States: 1889 - 1918 (NAACP, new edition, 2012)
Defining Slavery Under a 'Government Instituted for the Protection of the Rights of Mankind' 35 Hamline Law Review 551-590 (2012)
Coming to Terms with Dred Scott: A Response to Daniel A. Farber, 39 PEPPERDINE LAW REVIEW 495-74 (2012) papers.cfm
The Roots of Religious Freedom in Early America: Religous Toleration and Diversity in New Netherland and Colonial New York, 34 NANZAN REVIEW OF AMERICAN STUDIES 1-26 (2012)
States' Rights, Southern Hypocrisy, and the Crisis of the Union, 45 Akron Law Review 449 (2012)papers.cfm
John Brown: America’s First Terrorist?, in 43 Prologue: Quarterly of the National Archives and Records Administration, 16-27 (Spring 2011)
Slavery, the Constitution, and the Origins of the Civil War, Organization of American Historians Magazine of History 2011 25: 14-18
The Cost of Compromise and the Covenant with Death, 38 Pepperdine Law Review 845-888 (2011)papers.cfm
"The Civil War, Emancipation, and the Thirteenth Amendment: Understanding Who Freed the Slaves" in, PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT, ed. Alexander Tsesis, Columbia University Press 2010.
United States Slave Law, in THE OXFORD HANDBOOK OF SLAVERY IN THE AMERICAS 424-446 (Robert L. Parquette and Mark M. Smith, eds.) (New York, NY: Oxford University Press, 2010)
"A Land that Needs People for its Increase": How the Jews Won the Right to Remain in New Netherland, in NEW ESSAYS IN AMERICAN JEWISH HISTORY 19-50 and 488-496 [notes] (Pamela S. Nadell, Jonathan D. Sarna, and Lance J. Sussman, eds.) (Cincinnati: American Jewish Archives of Hebrew Union College-Jewish Institute of Religion, 2010)
The Strange Career of Dred Scott: From Fort Armstrong to Guantanamo Bay, in THE DRED SCOTT CASE: HISTORICAL AND CONTEMPORARY PERSPECTIVES ON RACE AND LAW (Co-edited with David Thomas Konig and Christopher Alan Bracey) (Athens: Ohio University Press, 2010) 227-251
RACE AND THE CONSTITUTION: FROM THE PHILADELPHIA CONVENTION TO THE AGE OF SEGREGATION, (Washington, D.C., American Historical Association, 2010)
When International Law Was a Domestic Problem, 44 VALPARAISO UNIVERSITY LAW REVIEW 779-823 (2010)
The First Federal Human Rights Legislation: Suppressing the African Slave Trade, 3 THE CRIT 20-63 (2010) (electronically published at thecritui.com).
Introduction: Symposium on Lincoln's Legacy: Enduring Lessons of Executive Power (co-authored with Ali A. Chaudhry), 3 ALBANY GOVERNMENT LAW REVIEW ix-xiv (2010).
Breaking the Back of Segregation: Whyh Sweatt Matters, 36 Thurgood Marshall Law Review 7-37 (2010) (published in 2012)papers.cfm
Barack Hussein Obama-An Inspiration of Hope, an Agent for Change, in AFRICAN AMERICANS AND THE PRESIDENCY: THE ROAD TO THE WHITE HOUSE (Bruce Glasrud and Cary D. Wintz eds.) (New York: Routledge 2010) 207-228.
MILESTONE DOCUMENTS OF AMERICAN LEADERS: EXPLORING THE PRIMARY SOURCES OF NOTABLE AMERICANS. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, Inc., 2009
The Constitution, the Supreme Court, and History, 88 Texas Law Review 353-390 (2009)papers.cfm
John McLean: Moderate Abolitionist and Supreme Court Politician, 62 Vanderbilt Law Review 519-65 (2009)papers.cfm
The American Suppression of the Slave African Slave Trade: Lessons on Legal Change, Social Policy, and Legislation, 42 Akron Law Review 433-470 (2009)papers.cfm
Race, Federalism, and Diplomacy: The Gentlemen's Agreement a Century Later, 56 Osaka University Law Review 1-30 (2009)papers.cfm
Lincoln and the Preconditions for Emancipation: The Moral Grandeur of a Bill of Lading, in LINCOLN'S PROCLAMATION: RACE, PLACE, AND THE PARADOXES OF EMANCIPATION (William A. Blair and Karen Fisher Younger, eds.) (University of North Carolina Press, 2009) 13-44
The Centrality of Brown, in CHOOSING EQUALITY: ESSAYS AND NARRATIVES ON THE DESEGREGATION EXPERIENCE (Robert L. Hayman, Jr. and Leland Ware, eds.) (The Pennsylvania State University Press, 2009) 224-245.papers.cfm
JAMES HARMON CHADBOURN, LYNCHING AND THE LAW. Introduction to reprint edition. (Lawbook Exchange, 2008).
It Really Was About a Well Regulated Militia, 59 Syracuse Law Review 267-82 (2008).papers.cfm
School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities, 2008 Brigham Young University Law Review 525-555 (2008).papers.cfm
Regulating the African Slave Trade,
54 Civil War History 379-405 (2008)papers.cfm
Dred Scott v. Sandford: The Case that Made Lincoln President,
Lincoln Lore, No. 1892 (Spring 2008) 2-9papers.cfm
Lincoln, Emancipation and the Limits of Constitutional Change,
2008 Supreme Court Review 349-387 (2008)papers.cfm
MILESTONE DOCUMENTS OF AMERICAN HISTORY: EXPLORING THE PRIMARY SOURCES THAT SHAPED AMERICA. Editor-in-Chief. 4 vols. Dallas, TX: Schlager Group, Inc., 2008
Was Dred Scott Correctly Decided? An ‘Expert Report' For the Defendant, 12 Lewis & Clark Law Review 1219-1252 (2008).papers.cfm
Symposium on America's Constitution: A Biography, 59 Syracuse Law Review 49-55 (2008)
Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition,
63 NYU Annual Survey of American Law 29-62 (2007).papers.cfm
Scott v. Sandford: The Court's Most Dreadful Case and How it Changed History, 82 Chicago-Kent Law Review 3-48 (2007).
Kermit L. Hall: A Life in Legal History and Scholarship,
57 Syracuse Law Review 357-59 (2007)
FRANKLIN JOHNSON, THE DEVELOPMENT OF STATE LEGISLATION CONCERNING THE FREE NEGRO. Introduction to reprint edition. (Lawbook Exchange, 2007)
W.E.B. DUBOIS, JOHN BROWN. Introduction to reprint edition. (Oxford University Press, 2007)
Lemuel Shaw: The Shaping of State Law, in NOBLE PURPOSES: NINE CHAMPIONS OF THE RULE OF LAW 339-49 (Norman Gross, ed.) (Ohio University Press, 2006)
The Significance and Persistence of Proslavery Thought, in THE PROBLEM OF EVIL: SLAVERY, FREEDOM, AND THE AMBIGUITY OF AMERICAN REFORM 95-114 (Steven Mintz and John Stauffer, eds.) (University of Massachusetts Press, 2007).
Thomas Jefferson, Original Intent, and the Shaping American Law: Learning Constitutional Law from the Writings of Jefferson, 62 NYU Annual Survey of American Law 45-84 (2006)
The Dragon St. George Could Not Slay: Tucker's Plan to End Slavery,
47 William and Mary Law Review 1213-1243 (2006).papers.cfm
Anthony Burns, Judge Loring, Harvard Law School, and the Fugitive Slave Law in Boston, 10 Massachusetts Legal History 53-88 (2004) 
Ohio's Struggle for Equality Before the Civil War,
23 Timeline 28-43 (2006)
The Promise of Equality and the Limits of Law: From the Civil War to World War II, in THE HISTORY OF MICHIGAN LAW 187-213 (Paul Finkelman and Martin J. Hershock, eds.) (Ohio University Press, 2006)
JOHN CODMAN HURD, THE LAW OF FREEDOM AND BONDAGE. Introduction to reprint edition. (Lawbook Exchange, 2006)
What is Federalism and What Does It Have to do with Civil Rights?, in AWAKENING FROM THE DREAM: CIVIL RIGHTS UNDER SIEGE AND THE NEW STRUGGLE FOR EQUAL JUSTICE 3-24 (Denise C. Morgan, Rachel D. Godsil, and Joy Moses, eds.) (Carolina Academic Press, 2006)
Dred Scott v. Sandford, in THE PUBLIC DEBATE OVER CONTROVERSIAL SUPREME COURT DECISIONS 24-33 (Melvin I. Urofsky, ed.) (CQ Press, 2006)papers.cfm
Lieber, Slavery, and the Problem of Free Thought in Antebellum South Carolina, in FRANCIS LIEBER AND THE CULTURE OF THE MIND 11-22 (Charles R. Mack and Henry H. Lesesne, eds.) (University of South Carolina Press, 2005papers.cfm
The Taney Court, 1836-1864: The Jurisprudence of Slavery and the Crisis of the Union, in THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE 75-99 (Christopher Tomlins, ed.) (Houghton Mifflin, 2005papers.cfm
Civil Rights in Historical Context: In Defense of Brown,
118 Harvard Law Review 973-1027 (2005)papers.cfm
The Ten Commandments on the Courthouse Lawn and Elsewhere,
73 Fordham Law Review 1477-1520 (2005)papers.cfm
Race, Slavery, and the Law in Antebellum Ohio, in 2 THE HISTORY OF OHIO LAW 748-81 (Michael Les Benedict and John F. Winkler, eds.) (Ohio University Press, 2004)
Abraham Lincoln: Prairie Lawyer, in AMERICA'S LAWYER PRESIDENTS: FROM LAW OFFICE TO THE OVAL OFFICE 128-137 (Norman Gross, ed.) (Northwestern University Press, 2004)papers.cfm
The Strange Career of Race Discrimination in Antebellum Ohio,
55 Case Western Reserve University Law Review 373-408 (2004)
The Radicalism of Brown, 66 University of Pittsburgh Law Review 35-56 (2004)papers.cfm
The Roots of Printz: Proslavery Constitutionalism, National Law Enforcement, Federalism, and Local Cooperation,
69 Brooklyn Law Review 1399 (2004)papers.cfm
The Historical Context of the Fourteenth Amendment,
13 Temple Political & Civil Rights Law Review 389-409 (2004)papers.cfm
Locke v. Davy in Historical Perspective: A Brief Introduction,
40 Tulsa Law Review 219-225 (2004)papers.cfm
FREDERICK L. HOFFMAN, RACE TRAITS AND TENDENCIES OF THE AMERICAN NEGRO. Introduction to reprint edition. (Lawbook Exchange, 2004)
DEFENDING SLAVERY: PROSLAVERY THOUGHT IN THE OLD SOUTH. Boston: Bedford/St. Martin's, 2003
The Root of the Problem: How The Proslavery Constitution Shaped American Race Relations,
4 Barry Law Review 1-19 (2003)papers.cfm
Limiting Rights in Times of Crisis: Our Civil War Experience - A History Lesson for a Post-9-11 America,
2 Cardozo Public Law, Policy, and Ethics Journal 25-48 (2003).papers.cfm
John Bingham and the Background to the Fourteenth Amendment,
36 Akron Law Review 671-692 (2003)papers.cfm
Race and Domestic International Law in the United States,
17 National Black Law Journal 25-51 (2003).papers.cfm
Picture Perfect: The First Amendment Trumps Congress in Ashcroft v. Free Speech Coalition,
38 Tulsa Law Review 243-261 (2002)papers.cfm
Baseball and the Rule of Law Revisited,
25 Thomas Jefferson Law Review 17-52 (2002)papers.cfm
Fugitive Baseballs and Abandoned Property: Who Owns the Home Run Ball?,
23 Cardozo Law Review 1609-1633 (2002)papers.cfm
Speech, Press and Democracy,
10 William & Mary Bill of Rights Journal 813-826 (2002)
Joseph Story and the Problem of Slavery: A New Englander's Nationalist Dilemma,
8 Massachusetts Legal History 65-84 (2002)papers.cfm
The Proslavery Origins of the Electoral College,
23 Cardozo Law Review 1145-1157 (2002)papers.cfm
A Well Regulated Militia: The Second Amendment in Historical Perspective, in THE SECOND AMENDMENT IN LAW AND HISTORY: HISTORIANS AND CONSTITUTIONAL SCHOLARS ON THE RIGHT TO BEAR ARMS 117-148 (Carl T. Bogus, ed.) (The New Press, 2000)
Taking Aim at an American Myth,
99 Michigan Law Review 1500-1519 (2001)
The Founders and Slavery: Little Ventured, Little Gained,
13 Yale Journal of Law and the Humanities 413-449 (2001)papers.cfm
Turning Losers into Winners: What Can We Learn, If Anything, From the Antifederalists?
79 Texas Law Review 849-894 (2001)
Garrison's Constitution: The Covenant with Death and How It Was Made,
32 PROLOGUE 230-245
John Hope Franklin, in CLIO'S FAVORITES: LEADING HISTORIANS OF THE UNITED STATES 1945-2000 49-67 (Robert Allen Rutland, ed.) (University of Missouri Press, 2000)papers.cfm
A Well Regulated Militia: The Second Amendment in Historical Perspective,
76 Chicago-Kent Law Review 195-236 (2000)papers.cfm
You Can't Always Get What You Want . . .: Presidential Elections and Supreme Court Appointments,
35 Tulsa Law Journal 473-483 (2000)papers.cfm
Teaching Slavery in American Constitutional Law,
34 Akron Law Review 261-282 (2000)papers.cfm
On Cinqué and the Historians,
87 THE JOURNAL OF AMERICAN HISTORY 940-946 (2000)
THOMAS R.R. COBB, AN INQUIRY INTO THE LAW OF NEGRO SLAVERY IN THE UNITED STATES OF AMERICA. AN HISTORICAL SKETCH OF SLAVERY. Introduction to reprint edition. (University of Georgia Press, 1999)
Thomas R.R. Cobb and the Law of Negro Slavery,
5 Roger Williams Law Review 75-115 (1999).
Cultural Speech and Political Speech in Historical Perspective,
79 Boston University Law Review 717-743 (1999).papers.cfm
Affirmative Action for the Master Class: The Creation of the Proslavery Constitution,
32 Akron Law Review 423-470 (1999).papers.cfm
HENRY ST. GEORGE TUCKER. COMMENTARIES ON THE LAWS OF VIRGINIA. Introduction to reprint edition, with David Cobin. 2 vols. (Lawbook Exchange, 1998).
Between Scylla and Charybdis: Anarchy, Tyranny and the Debate over a Bill of Rights, in THE BILL OF RIGHTS: GOVERNMENT PROSCRIBED 103-74 (Ronald Hoffman and Peter J. Albert, eds.) (University Press of Virginia, 1997)papers.cfm
The Problem of Slavery in the Age of Federalism, in FEDERALISTS RECONSIDERED 135-156 (Doron Ben-Atar and Barbara Oberg, eds.) (Univ. Press of Virginia, 1998)papers.cfm
Baseball and the Rule of Law,
46 Cleveland State Law Review 239-59 (1998)
Crimes of Love, Misdemeanors of Passion: The Regulation of Race and Sex in the Colonial South, in THE DEVIL'S LANE: SEX AND RACE IN THE EARLY SOUTH 124-38 (Catherine Clinton and Michele Gillespie, eds.) (Oxford University Press, 1997)papers.cfm
ST. GEORGE TUCKER. TUCKER'S BLACKSTONE. Introduction to reprint edition, with David Cobin. 5 vols. (Lawbook Exchange, 1997).
SLAVERY AND THE LAW. Editor and author of two chapters. Madison, WI: Madison House, 1997
Prigg v. Pennsylvania: Understanding Justice Story's Pro-Slavery Nationalism,
2 Journal of Supreme Court History 51-64 (1997)
A BRIEF NARRATIVE OF THE TRYAL OF JOHN PETER ZENGER. Edited with an introduction. St. James, NY: Bradywine Press, 1997
The Rise of the New Racism, 15 Yale Law and Policy Review 245-82 (1996)
Intentionalism, The Founders and Constitutional Interpretation,
75 Texas Law Review 435-81 (1996).papers.cfm
The Dred Scott Case, Slavery, and the Politics of Law,
20 Hamline Law Review 1-42 (1996)
Legal Ethics and Fugitive Slaves: The Anthony Burns Case, Judge Loring, and Abolitionist Attorneys,
17 Cardozo Law Review 1793-1858 (1996)papers.cfm
The Dred Scott Case, Slavery, and the Politics of Law, 18 Nanzan Review of American Studies (Published at Nanzan University, Nogaya, Japan) 27-68 (1996).
German Victims and American Oppressors: The Cultural Background and Legacy of Meyer v. Nebraska, in LAW AND THE GREAT PLAINS 33-56 (John R. Wunder, ed.) (Greenwood Press, 1996)papers.cfm
Book Review of William G. Ross, Forging New Freedoms: Nativism, Education, and the Constitution, 1917-1927,
45 Journal of Legal Education 291-96 (1995)
A Bad Marriage: Jewish Divorce and the First Amendment,
2 Cardozo Women's Law Journal 131-72 (1995).papers.cfm
‘Hooted Down the Page of History': Reconsidering the Greatness of Chief Justice Taney,
1994 Journal of Supreme Court History 83-102 (1995)
"Free At Last"?, 70 Chicago-Kent Law Review 865-869 (1995)
The Anderson Slave Case and Rights in Canada and England, in LAW SOCIETY, AND THE STATE-ESSAYS IN MODERN LEGAL HISTORY 37-72 (Louis A. Knafla and Susan W. S. Binnie, eds.) (University of Toronto Press, 1995).
HIS SOUL GOES MARCHING ON: RESPONSES TO JOHN BROWN AND THE HARPERS FERRY RAID. Editor and author of two chapters. Charlottesville, VA: University Press of Virginia, 1995
Story Telling on the Supreme Court: Prigg v. Pennsylvania and Justice Joseph Story's Judicial Nationalism,
1994 Supreme Court Review 247-94.
‘Let Justice Be Done, Though the Heavens May Fall': The Law of Freedom,
70 Chicago-Kent Law Review 325-68 (1994).papers.cfm
Thomas Jefferson and Antislavery: The Myth Goes On,
102 Virginia Magazine of History and Biography 193-228 (1994)
Zenger's Case: Prototype of a Political Trial, in AMERICAN POLITICAL TRIALS 21-42 (Revised ed., Michal Belknap, ed.) (Greenwood, 1994)papers.cfm
The Treason Trial of Castner Hanway, in AMERICAN POLITICAL TRIALS 77-96 (Revised ed., Michal Belknap, ed.) (Greenwood, 1994)
Not Only the Judges' Robes Were Black: African-American Lawyers as Social Engineers, 47 Stanford Law Review 161-209 (1994). Reprinted in THE HISTORY OF LEGAL EDUCATION IN THE UNITED STATES: COMMENTARIES AND PRIMARY SOURCES, vol. 1 (Steve Sheppard, ed., Pasadena, California, Salem Press, 1999): 913-952.papers.cfm
Civil Liberties and the Civil War: The Great Emancipator as Civil Libertarian,
91 Michigan Law Review 1353-81 (1993)papers.cfm
The Color of Law,
87 Northwestern University Law Review 937-91 (1993)
The Second Casualty of War: Civil Liberties and the War on Drugs,
66 Southern California Law Review 1389-1452 (1993).papers.cfm
The Crime of Color,
67 Tulane Law Review 2063-2112 (1993)
The Centrality of the Peculiar Institution in American Legal Development,
68 Chicago-Kent Law Review (1993) 1009-33
Sorting Out Prigg v. Pennsylvania,
24 Rutgers Law Journal 605-65 (1993)
The Paradox of Bill of Rights Rhetoric, 1787-1791, in TO SECURE THE BLESSINGS OF LIBERTY: RIGHTS IN AMERICAN HISTORY 83-103 (Josephine F. Pacheco, ed.) (George Mason University Press, 1993).papers.cfm
Jefferson and Slavery: Treason Against the Hopes of the World, in JEFFERSONIAN LEGACIES 181-221 (Peter S. Onuf, ed.) (University Press of Virginia, 1993)
The War on German Language and Culture, 1917-1925, in CONFRONTATION AND COOPERATION: GERMANY AND THE UNITED STATES IN THE ERA OF WORLD WAR I, 1900-1914 177-205 (Hans Jürgen Schröder, ed.) (Berg Publishers, 1993)papers.cfm
Fugitive Slaves, Midwestern Racial Tolerance, and the Value of ‘Justice Delayed',
78 Iowa Law Review 89-141 (1992)papers.cfm
State Constitutional Protections of Liberty and the Antebellum New Jersey Supreme Court: Chief Justice Hornblower and the Fugitive Slave Law of 1793,
23 Rutgers Law Journal 753-87 (1992)papers.cfm
International Extradition and Fugitive Slaves: The John Anderson Case,
18 Brooklyn Journal of International Law 765-810 (1992)papers.cfm
The Ten Amendments as a Declaration of Rights,
16 Southern Illinois University Law Journal 351-96 (1992)papers.cfm
Criminal Law, Family, and Compelling Government Interests,
55 Albany Law Review 689-711 (1992)
Religious Liberty and the Quincentennary: Old World Intolerance, New World Realities, and Modern Implications,
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‘The Law, and Not Conscience, Constitutes the Rule of Action': The South Bend Fugitive Slave Case and the Value of ‘Justice Delayed', in THE CONSTITUTION, LAW, AND AMERICAN LIFE: CRITICAL ASPECTS OF THE NINETEENTH CENTURY EXPERIENCE 23-51(Donald G. Nieman, ed.) (University of Georgia Press, 1992)papers.cfm
The Latest Front on the War on Drugs: The First Amendment,
2 Drug Law Report 229-36 (1991)
The War on Defense Lawyers, in NEW FRONTIERS IN DRUG POLICY 113-120 (Arnold S. Trebach and Zevin B. Zeese, eds.) (Drug Policy Foundation, 1991)papers.cfm
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Race and the Constitution, in BY AND FOR THE PEOPLE: CONSTITUTIONAL RIGHTS IN AMERICAN HISTORY 149-162 (Kermit L. Hall, ed.) (Harlan Davidson, Inc., 1991)
The Soul and the State: Religious Freedom in Early New York and the Origin of the First Amendment, in NEW YORK AND THE UNION, 78-105 (Stephen Schechter and Richard B. Bernstein, eds.) (New York State Bicentennial Commission, 1991)
States' Rights, Federalism, and Criminal Extradition in Antebellum America: The New York-Virginia Controversy, 1839-1846, in GERMAN AND AMERICAN CONSTITUTIONAL THOUGHT: CONTEXTS, INTERACTION, AND HISTORICAL REALITIES (Hermann Wellenreuther, ed.) (Berg, 1990) 293-327; also published in German, in Hermann Wellenreuther und Claudia Schnurmann, eds., DIE AMERIKANISCHE VERFASSUNG UND DEUTSCH-AMERIKANISCHES VERFASSUNGSDENKEN, (Berg, 1991) 334-381 [Trans. by Marie-Luise Frings]
The Kidnapping of John Davis and the Adoption of the Fugitive Slave Law of 1793, in 56 Journal of Southern History 397-422 (1990)
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11 National Black Law Journal 212-232 (1989)papers.cfm
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9 Journal of the Early Republic 21-51 (1989)papers.cfm
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17 This Constitution 25-30 (1988)
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5 Law & History Review 571-73 (1987)
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17 Rutgers Law Journal 415-82 (1986)
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17 California Western Law Review 437-64 (1981)
Racial Justice and the Public Schools,
19 History of Education Quarterly 373-380 (1979)
What Did the Dred Scott Case Really Decide?
7 Reviews in American History 368-74 (1979)
Prigg v. Pennsylvania and Northern State Courts: Anti-Slavery Use of a Pro-Slavery Decision,
25 Civil War History 5-35 (1979)
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He delivered the Biever Guest Lecture on "How a
Railroad Lawyer Became the Great Emancipator: Abraham Lincoln and the Constitutional Limitations on Emancipation"
at Loyola University, New Orleans School of Law on Nov. 12, 2013. While there, Professor
Finkelman also gave a faculty workshop on Frederick Douglass's Constitution.
Professor Paul Finkelman discussed "How Hollywood
Handles History" at a panel discussion of the film Lincoln at Carleton
College in Northfield, Minn., on Oct. 10, 2013.
Professor Paul Finkelman gave the keynote address on Sept. 26, 2013, at the conference “1619 - The Making
of America: When Did We Become Americans?” organized by
Norfolk State University and Hampton University to commemorate the arrival of
the first Africans in British North American. The title of his lecture
was “From Freedom to Slavery: How British Colonists Remade the English
Common Law to Create Slavery in Early America.”
Professor Paul Finkelman gave a lecture on Sept. 24, 2013, on “The Ten Commandments on the
Courthouse Lawn: Why People of Faith Should Oppose Religious Monuments on
Public Space” at St. Bonaventure University. Professor Finkelman gave
the lecture while serving as the Lenna Visiting Professor.
On Sept. 11, he gave two talks at Touro Law Center, one on "Frederick Douglass's Constitution" and the other was on "Ten Commandments Monuments in Public Space" as well as the issue of religious divorce in civil law.
On Sept. 9, Professor Finkelman presented "Slavery and the American Founders: Coming to Terms with a Not So Pretty Past" at the Fort Orange Club in Albany.
Professor Finkelman chaired and commented on the session
"African Americans on the Courthouse Steps: Rethinking 'Agency' in the
Slave South" for the Law and Society Association on June 1, 2013, and he
also served as chair and speaker at the "Roundtable Commemorating the
150th Anniversary of the Emancipation Proclamation."
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, delivered The Simon Finkelman Memorial Lecture, "Are the 10 Commandments the Moral Foundation of American Law? Why Jews Should be Concerned about Public Displays of the Decalogue" in Rochester, N.Y., on April 20, 2013.
Professor Finkelman also participated in a panel on "The Origins and Process of Emancipation" at the symposium "Emancipation at 150" held at Boston College's Clough Center for the Study of Constitutional Democracy on April 23, 2013.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered the spring John Marshall Harlan Lecture, titled "'But I Need Kentucky': Lincoln, Emancipation, and the Bluegrass State," as part of a week-long residency program at Transylvania University in Lexington, Ky., from March 3 to 9, 2013.
Professor Finkelman also gave a lecture at the University of Kentucky Law School co-sponsored by the American Constitution Society and the Federalist Society titled "Are the Ten Commandments the Moral Foundation of American Law?"
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, was on a panel for the International Human Rights Section of the AALS on Jan. 6, 2013. The session was on Human Rights in Times of Conflict: New Voices in Human Rights. He spoke on the U.S.-Dakota War of 1862 and more generally on the role of history in understanding human rights in war time.
He delivered on Sunday, Jan. 13, 2013, a lecture entitled “The Ten Commandments on the Courthouse Lawn and Elsehwere,” at Florida Atlantic University. His lecture was sponsored by the Judaic Studies Program, the History Department, and the Dorothy F. Schmidt College of Arts and Letters.
Professor Finkelman also delivered the presentation "How a Railroad Lawyer Became the Great Emancipator" at Hudson Valley Community College on Jan. 29, 2013.
He gave a talk on Jan. 31, 2013, on proslavery religion sponsored by the departments of religion and history at the University of Richmond.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, gave a public lecture titled "Is the Supreme Court a Friend of the Jews" at the College of Jewish Studies in Binghamton, N.Y., on Dec. 6. The College of Jewish Studies is a coalition between the Judaic Studies Department at Binghamton University and various local institutions, including the Jewish Federation of Binghamton and the Jewish Community Center.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, delivered a presentation titled "Was Abraham Lincoln the Great Emancipator" at The University of North Carolina at Greemsboro on Nov. 29, 2012.
Professor Paul Finkelman, President William McKinley Professor of Law and Public Policy, gave a talk at "Lincoln and the Dakota War of 1862 - The Good, The Bad, and the Ugly" for The Lincoln Group of the District of Columbia and The U.S. Capitol History Society on Nov. 15, 2012.
Professor Paul Finkelman delivered the talk, "How a Railroad Lawyer Became the Great Emancipator: Abraham Lincoln and the Problem of Ending Slavery," on Nov. 14,, 2012, at Duke Law School's Robert R. Wilson Lecture.
Professor Paul Finkelman, President William McKinley Professor of Law and Public Policy, delivered a talk for the Wepner Symposium on the Lincoln Legacy and Contemporary Scholarship at the University of Illinois Springfield on Oct. 19.
Also on Oct. 19, presented on the topic "Freedom Suits, the Dred Scott Decision, and How the 19th century Case Remains Relevant to Contemporary Constitutional Issues" for the Missouri Bar.
On Oct. 12, Professor Finkelman delivered the keynote presentation on "Sometimes War is the Only Answer: Mr. Madison's Message in 1812" at the symposium "War Hawks: The United States and the War of 1812" in Milan.
On Oct. 4, he delivered "Frederick Douglass' Constitution" at Indiana University's symposium titled "Rediscovering the Life and Times of Frederick Douglass."
Professor Paul Finkelman, President William McKinley Professor of Law and Public Policy, participated in a panel for "The Life and Legal Thought of Derrick Bell Symposium" at Western New England School of Law on Sept. 28.
Professor Finkelman delivered the featured lecture "The District's First Political Trial: The Oberlin Fugitive Slave Case" for "Justice and Legal Change on the Shores of Lake Erie: A History of the Northern District of Ohio" at the University of Akron School of Law on Sept. 27.
On September 21, he presented "Was Lincoln the Great Emancipator? Reflections on the 150th Anniversary of the Preliminary Emancipation Proclamation, at the Manoa Campus at the University of Hawaii.
He also delivered the talk “Ending Slavery under a Pro-slavery Constitution: Was the Emancipation Proclamation Constitutional?” at the University of Hawaii at Hilo on Sept. 19 to commemorate Constitution Day and the 150th Anniversary of the Emancipation Proclamation.
He spoke about emancipation at the event "Lincoln, War, and the Constitution" for The Lincoln Group of the District of Columbia on Sept. 15, and he discussed "Civil Rights and the Constitution before the Civil War" as part of the Rockford Public Schools Freedom Project on Sept. 8, as well as "Leading Change from the Political Arena to the Sports Arena" for the Chicago Federal Leadership Program on Sept. 6.
Professor Paul Finkelman gave a presentation titled The Fugitive Slave Act & Secession at the NY Court of Appeals on June 7, 2012 as part of the symposium, The Civil War on Trial, at Albany Law School in Albany, NY.
The three-day program will feature some of the foremost Civil War and Consitutional scholars in the nation on the subjects of the Civil War and the law.
Professor Finkelman gave the 2012 John Jay Lecture, "Jay is for Justice: From Slaveholders to Abolitionists, the Jay Family and Racial Justice", on March 25 at the Jay Heritage Center in Rye, NY.
Professor Finkelman received the "John Jay Medal" from Pace Law School after giving the John Jay Lecture. Past recipients include Justice Harry Blackmun and the great Columbia University historian Richard B. Morris.
Professor Paul Finkelman examined "The Civil War: The Dakota War of 1862" for C-SPAN on Aug. 24, 2013.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, discussed second amendment issues on actor Sean Astin's streaming radio program Vox Populi on Dec. 20, 2012.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, was part of a panel of speakers addressing "Jefferson and His Slaves" on HuffPost Live on Dec. 10, 2012.
“I think Thomas Jefferson is one of the most deeply creepy people in American history,” said Paul Finkelman, a professor at Albany Law School and the author of “Slavery and the Founders,” which outlines the evasions of earlier generations of Jefferson scholars. “But for Henry to come along and say, ‘I am the first one to discover this’? Come on.”
From the article "Some Scholars Reject Dark Portrait of Jefferson" in The New York Times on Nov. 26, 2012.
Professor Paul Finkelman authored the commentary "From Union to Freedom" for The New York Times, part of a running series that follows the Civil War as it unfolded, on Oct. 5.
Professor Paul Finkelman authored the piece "Lessons from US baseball for China's troubled football" for the Shanghai Daily on July 24.
Professor Paul Finkelman authored the piece "The Coming of the Emancipation Proclamation" for The New York Times on July 13.
My friend Paul Finkelman, McKinley Distinguished Professor of Law at
Albany Law School, regards the way the government of the United States
treated nineteenth century Mormons as “the most disgraceful denial of
religious freedom in American history, matching the Japanese Internment
for outrageous federal behavior.”
From an op-ed titled "Mormons and non-Mormons alike should regard Businessweek story as harbinger of salvation" in The Washington Post on July 17.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, was interviewed about the forthcoming conference “The Civil War on Trial: Legal Issues that Divided a Nation” on WCNY's The Capitol Pressroom on May 23.
"The Civil War not only changed American politics. It also changed
our law," said Albany law professor Paul Finkelman, co-chairman of the
conference. "The modern law of war comes directly from the Civil War.
The war also fundamentally altered the Constitution, leading to the
abolition of slavery, securing citizenship for African Americans and
enfranchising blacks on the same basis of whites."
From the article "Conference examines Civil War's influence on law" in The National Law Journal on May 7.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, contributed a letter to the editor on " Questions in webcam case" in the Philadelphia Daily News on March 22.
Professor Paul Finkelman, President William McKinley Distinguished Professor of Law, was interviewed about legal issues facing municipalities in the gas drilling debate on WCNY's The Capitol Pressroom on March 12.