B.A., Princeton UniversityLL.B., Yale Law School
Practiced with a New York City law firm; served as assistant general counsel, Community Action for Legal Services (now Legal Services of New York); held chairs for distinguished visitors at Akron, Marquette, Cleveland-Marshall, and Suffolk schools of law; and served as a U.S. Peace Corps Volunteer in Iran. Member, board of directors, New York Civil Liberties Union, 1997-2009; New York Advisory Committee to the United States Commission on Civil Rights, 1999-2004.
Books: Unfit for Democracy: The Roberts Court and the Breakdown of American Politics (2016); Morality Imposed: The Rehnquist Court and Liberty in America (2000); Jurisprudence: Cases and Materials (1st ed., 1993; 2nd ed. 2006, 3rd ed. 2015 with West, Bix and Lytton); Public Values in Constitutional Law (editor/contributor, 1993); Toward a Usable Past (ed. with Finkelman, 1991); Systematic Litigation Planning (1978).
Professor Gottlieb is a regular Commentator on NPR affiliate WAMC.
Visit the archive.
UNFIT FOR DEMOCRACY: THE ROBERTS COURT AND THE BREAKDOWN OF AMERICAN POLITICS, (New York University Press, Forthcoming 2016)
JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, with Robin L. West, Brian Bix and Timothy D. Lytton, 3rd. ed. (LexisNexis, 2015)
MORALITY IMPOSED: THE REHNQUIST COURT AND LIBERTY IN AMERICA (New York University Press, 2000)papers.cfm
PUBLIC VALUES IN CONSTITUTIONAL LAW (Editor and Contributor) (Ann Arbor, Michigan: University of Michigan Press, 1993)
JURISPRUDENCE: CASES AND MATERIALS (Charlottesville, Virginia: The Michie Company, 1993)
Contributor, THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (Kermit Hall, ed., Oxford University Press, 1992)
TOWARD A USABLE PAST, (editor, with Paul Finkelman) (University of Georgia Press, 1991)
SYSTEMATIC LITIGATION PLANNING (Washington, D.C.: BNA, 1978)
Human Rights: The Roberts Court’s Hostility to the Equality of Minorities, vol. 41, issue 1, at pages 16-17 Amer. Bar Assn. Section of Individual Rights and Responsibilities) (July 2015)
Unwarranted Invasions of Personal Privacy Under Federal FOIA and New York FOIL, 11 Government, Law and Policy Journal 12 (New York State Bar Association) (Spring 2009)
Does What We Know About the Life Cycle of Democracy Fit Constitutional Law?, 61 Rutgers Law Review 595 (2009)papers.cfm
Law and the Polarization of American Politics, 25 Georgia State Law Review 339 (2009)papers.cfm
What Federalism & Why? Science Versus Doctrine, 35 Pepperdine Law Review 47 (2007)papers.cfm
"Roe's not done yet," NEWSDAY (April 22, 2007 at A47)
JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, Second Edition, with Robin L. West, Brian Bix and Timothy D. Lytton (Newark, NJ: LexisNexis, 2006) Purchase
Teachers' Manual for JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS, 2nd ed., (LexisNexis, 2006) (with Robin L. West, and Brian Bix)
The Rehnquist Court (1986 - ): Radical Revision of American Constitutional Law, in THE UNITED STATES SUPREME COURT: THE PURSUIT OF JUSTICE 327 (Houghton Mifflin/American Bar Foundation, 2005) (Christopher L. Tomlins, ed.)
Sandra Day O'Connor's Position on Discrimination, 4 MARGINS: Maryland's Law Journal on Race, Religion, Gender and Class 24 (2004)
Co-author of Report of the New York Advisory Committee to the U.S. Commission on Civil Rights, Civil Rights Implications of Post-September 11 Law Enforcement Practices in New York (2004) ny0304.pdf
In 'Vieth,' Court Continues to Misunderstand Gerrymandering, 232 (no. 35) New York Law Journal, 4 (August 19, 2004)papers.cfm
Rolling John Bingham in his Grave: the Rehnquist Court Makes Sport with the 14th Amendment, 36 Akron L. Rev. 411 (2003)
The Empirical Basis of First Amendment Principles, 19 Journal of Law and Politics 145 (2003) (with David Schultz)
What will Mr. Bush's war achieve, distributed by Knight-Ridder/Global Beat, March 17, 2003 Newsprint version: Norwalk, Ct HOUR, Monday, March 17, 2003, as Bush's War Will Make World a Riskier Place
Holes in Bush's State of the Union, distributed by Knight-Ridder/Global Beat, January 29, 2003 Newsprint version: Frederick, MD NEWS-POST, February 1, 2003
A Better Way to Combat Terrorism: We don't have to sacrifice civil liberties in order to feel safe, distributed by Knight-Ridder/Global Beat, January 27, 2003
Districting and the Meanings of Pluralism: The Court's Futile Search for Standards in Kiryas Joel, in THE U. S. SUPREME COURT AND THE ELECTORAL PROCESS, 2nd ed. (Georgetown University Press, 2002) (David Ryden, ed.) (revision of article appearing in the 2000 ed.) papers.cfm
Tears for Tiers on the Rehnquist Court, 4 University of Pennsylvania Journal of Constitutional Law 350 (2002)
Incumbents Rule National Law Journal, February 25, 2002
Variants of the preceding article were also published as Stop 'Safe' Districting, in:
Broward Daily Business Review, March 4, 2002, at A11
Miami Daily Business Review, March 4, 2002 at A11
Palm Beach Daily Business Review, March 4, 2002 at A11
Incumbency Protection Assured, in Harrisburg, Pa Patriot News, Thursday, Dec. 13, 2001 at A25
Safe Districts: Good for Politicans, Bad for America, in Philadelphia Daily News, Wednesday, November 28, 2001 at 17
Brown v. Board of Education and the Application of American Tradition to Racial Division, 34 Suffolk University Law Review 281 (2001)papers.cfm
Safe Districts Are Good for Politicians but Bad for America, in Syracuse Post-Standard, Sunday, Nov. 11, 2001, at D3
Fulton County Daily Report , April 13, 2001
The High Court's Hidden Agenda, New York Law Journal, April 10, 2001
The Amoral Court, JURIST.law.pitt.edu, April 5, 2001 forumnew20.HTM
Court's Moral Wreck, National Law Journal A18, Monday, January 29, 2001
Bush Hasn't Learned Yet That Speed Kills, The Boston Globe, A19, November 25, 2000
The Passing of the Cardozo Generations, 34 Akron Law Review 283 (2000)papers.cfm
Communities in the Balance: Comments on Koch, 37 Houston Law Review 711 (2000)papers.cfm
Legal Functionalism and Social Change: A Reassessment of Rosenberg's "The Hollow Hope" (with D. Schultz) in LEVERAGING THE LAW: USING THE COURTS TO ACHIEVE SOCIAL CHANGE (P. Lang, 1998), (David Schultz, ed.)
Legal Functionalism and Social Change: A Reassessment of Gerald Rosenberg, "The Hollow Hope: Can Courts Bring About Social Change?" 12 Journal of Law and Policy 63 (1998)(with David Schultz)papers.cfm
Why Study PACs? Review of A. Matasar, CORPORATE PACS AND FEDERAL CAMPAIGN FINANCE LAW, 21 Law and Society Review 907 (1988)
The Philosophical Gulf on the Rehnquist Court, 29 Rutgers Law Journal 1 (1997)papers.cfm
Does Federalism Matter to its Devotees on the Court? 23 Ohio Northern University Law Review 1179 (1997)
Three Justices in Search of a Character: the Moral Agendas of Justices O'Connor, Scalia and Kennedy, 49 Rutgers Law Review 219 (1996)
The Paradox of Balancing Significant Interests, 45 Hastings Law Journal 825 (1994)papers.cfm
TEACHER'S MANUAL to accompany JURISPRUDENCE: CASES AND MATERIALS (Charlottesville, Virginia: The Michie Company, 1993)
Election Reform and Democratic Objectives--Match or Mismatch? 9 Yale Law and Policy Review 205 (1991)
Case Notes, in ENCYCLOPEDIA OF AMERICAN POLITICAL PARTIES AND ELECTIONS, L. S. Maisel, ed., (Garland Publishing Co., 1991)
The Dilemma of Election Campaign Finance Reform, 18 Hofstra Law Review 213 (1989)
1787 Constitutional Convention - Computerized Database, 1988 (Assembled with research grant from the Division of Research Programs of the National Endowment for the Humanities)
Fashioning a Test for Gerrymandering, 15 Journal of Legislation 1 (1988)papers.cfm
Compelling Governmental Interests: An Essential But Unanalyzed Term in Constitutional Adjudication, 8 Boston University Law Review 917 (1988)papers.cfm
In the Name of Patriotism: The Constitutionality of "Bending" History in Public Secondary Schools, 62 New York University Law Review 497 (1987), reprinted in 22 The History Teacher 411 (1989)
The Speech Clause and the Limits of Neutrality, 51 Albany Law Review 19 (1986)papers.cfm
Reformulating the Motive/Effects Debate in Constitutional Adjudication, 33 Wayne Law Review 97 (1986)
Fleshing Out the Right of Association: The Problem of the Contribution Limits of the FECA, 49 Albany Law Review 825 (1985)papers.cfm
In Search of the Link Between Due Process and Jurisdiction, 60 Washington University Law Quarterly 1291 (1983)papers.cfm
The System's View of Third Party Candidates, in PRESIDENTIAL SELECTION, ed. by Franklin J. Havelick (Conference Proceedings for American Bar Association Special Committee on Election Law and Voter Participation, 1982)papers.cfm
Rebuilding the Right of Association: The Right to Hold a Convention as a Test Case, 11 Hofstra Law Review 191 (1982)
Government Allocation of First Amendment Resources,
41 University of Pittsburgh Law Review 205 (1980)papers.cfm
Strife in the Carolene Garden, 57 University of Detroit Journal of Urban Law 919 (1980)
Feedback From the Fourth Amendment, 67 Kentucky Law Journal 1007 (1979)papers.cfm
The Role of Law in the Broadcast of Political Debate, 37 Federal Bar Journal 1 (1978)
Post Graduate Legal Education and Law Schools, 29 Journal of Legal Education 206 (1978)
Election Law and Election Reform: Strategy for the Long Run, 79 West Virginia Law Review 237 (1977)papers.cfm
Methods of Controlling Abuse of Police Power, 6 Clearinghouse Review 129 (1972)
Identifying Gerrymanders, 15 St. Louis University Law Journal 540 (1971)
Professor Stephen Gottlieb presented on “Democracy and the Judicial Impact on the Distribution of Resources,” at a panel on The Modern Challenges of Democracy, at
the International Society of Public Law (ICON-S), 2015 Conference, Public Law
in an Uncertain World, held at New York University School of Law, July 1-3,
Professor Stephen Gottlieb, Jay and Ruth Caplan Distinguished Professor of Law, gave a talk at "The 2012 Elections, What’s at Stake?" for the Union of University Professors Capital District Region Committee On Active Retired Membership at the University at Albany on Oct. 2, 2012. He also participated in a panel on "Is all Politics Religious? Let’s Discuss it,” for the Sid Albert Interfaith Panel Discussion at the Hubbard Interfaith Sanctuary at The College of St. Rose on Oct. 22, 2012, moderated by Dr. Alan Chartock and recorded for airing on WAMC/Northeast Public Radio.
Author of five books:
JURISPRUDENCE, CASES AND MATERIALS: AN INTRODUCTION TO THE PHILOSOPHY OF LAW AND ITS APPLICATIONS (1st ed. Michie
1993; 2nd ed., with West, Bix and Lytton, Lexis 2006)
MORALITY IMPOSED: THE REHNQUIST COURT AND LIBERTY IN AMERICA (NYU Press 2000)
PUBLIC VALUES IN CONSTITUTIONAL LAW (editor and contributor) (U. Michigan Press 1993)
TOWARD A USABLE PAST: LIBERTY UNDER STATE CONSTITUTIONS, ed. with Finkelman (U, Georgia Press, 1991; reissued in paper 2009)
SYSTEMATIC LITIGATION PLANNING (Washington,
D.C.: BNA, 1978)
Professor Stephen Gottlieb's commentary,
"In the Wake of Atrocities is Moderation Possible," was heard on WAMC's Northeast Report on November 24, 2015.
Professor Stephen Gottlieb's commentary, "War in the Middle East," was heard on WAMC's Northeast Report on November 17, 2015.
Professor Stephen Gottlieb's commentary, "Democracy Amid the Battle of the Oligarchs?" was heard on WAMC's Northeast Report on November 10, 2015.
Professor Stephen Gottlieb's commentary, "An NRA Foreign Policy," was heard on WAMC's Northeast Report on November 3, 2015.
Professor Stephen Gottlieb's commentary, "Brandeis and Zionism," was heard on WAMC's Northeast Report on October 27, 2015.
Professor Stephen Gottlieb's commentary, "Good Soldiers Know How to Play Chess," was heard on WAMC's Northeast Report on October 20, 2015.
Professor Stephen Gottlieb's commentary, "End the War on Drugs," was heard on WAMC's Northeast Report on October 13, 2015.