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ColumnContent2
  • Stephen Clark

    Professor of Law
    518-445-2368
    sclar@albanylaw.edu
​​

Cour​se​s​​​

  • Conflict of Laws
  • Constitutional Law II
  • Employment Discrimination
​​
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Faculty Profiles

MainContent
​
  • Biography

    B.A., University of Tennessee
    J.D., Yale Law School

    Joined Albany Law School in 2000. Previously in private practice with Winston & Strawn in Chicago, specializing in employment-related appellate litigation; visiting professor at University of Toledo College of Law; law clerk to the chief justice of the Supreme Court of Indiana. Research interests include employment discrimination, federalism, and lesbian and gay rights.

  • Presentations

    Can Social Conservatives Violate Gay Rights Laws? The Problem of Subjective Motive in Sexual Orientation Law, Presentation at Faculty Workshop, Albany Law School, Nov. 19, 2003

    Deconstructing Sexual Orientation, at Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets, Albany Law School, Feb. 7, 2003

    Deconstructing Sexual Orientation, "Uncomfortable Conversation" on Sexuality and Feminist Theory (colloquium), Cornell Law School, Nov. 14-15, 2002

    Negotiating the Politics of Judicial Nominations (panel), Lavender Law, Annual Conference of the National Lesbian and Gay Law Association, Oct. 12, 2002

    Same-Sex But Equal: Reformulating the Miscegenation Analogy, Presentation at Faculty Workshop, Albany Law School, Oct. 2, 2002

    The Court and Rights: The New Federalism and the Undermining of Civil Rights Law--Progressive Federalism?, Presentation at Joint Annual Meetings of the Law and Society Association and the Canadian Law and Society Association, Vancouver, B.C., May 31, 2002

    Where's Nino? Boy Scouts v. Dale and the Missing Scalia Dissent, Presentation at Faculty Workshop, Albany Law School, February 27, 2002

    Special Issues in Teaching First-Year Law Students, Presentation at AALS New Teacher Conference, Washington, D.C., Summer 2000

    Grounding Airline Deregulatory Pre-emption: The Case of State and Local Civil Rights Laws, Presentation at Faculty Workshop, Albany Law School, April 2001

    The Emerging Prohibition of Employment Discrimination on the Basis of Sexual Orientation, Address Before Albany Law School Labor and Employment Law Student Association, Spring 2001

Bo​oks

Publications

  • Senators Can’t Be Choosers: Moratoriums on Supreme Court Nominations and the Separation of Powers, 106 Kentucky Law Journal 337 (2017-2018)

  • President-Shopping For a New Scalia: The Illegitimacy of "McConnell Majorities" in Supreme Court Decision-Making, 80 Albany Law Review 743 (2017)Link to publication

  • Conflicts Originalism: The 'Original Content' of the Full Faith and Credit Clause and the Choice of Marriage Law, 118 West Virginia Law Review 547 (2015)

  • But for Sex: Equal Protection and the Individual Opportunity to Marry One’s Chosen Partner Without Regard to Sex, 60 San Diego Law Review 389 (2015).

  • McCulloch v. Maryland, in MILESTONE DOCUMENTS IN AMERICAN HISTORY: EXPLORING THE SOURCES THAT SHAPED AMERICA 465 (2008)

  • Disagreeing without being disagreeable: Criticisms of Log Cabin's McCain endorsement are overly shrill and personal, Washington Blade (Oct. 10, 2008)

  • United ENDA's flawed reasoning, Washington Blade, (Nov. 22, 2007)

  • N.Y.'s Neighbors: Recognizing Same-Sex Couples Is Norm, New York Law Journal (July 13, 2007)

  • Sodomy and abortion aren't same rights, Washington Blade (November 4, 2005)

  • Letter: HRC abandons ENDA ‘enactability,' Washington Blade, Sept. 3, 2004, at 25

  • Letter: HRC has trans issue backward, Wash. Blade, Aug. 20, 2004, at 24

  • Letter: Show some sensitivity, USA Today, Aug. 19, 2004, at 14A

  • Letter: Reasons To Hate Bush, Wash. Post, Aug. 14, 2004, at A19

  • Letter: Letters to the Public Editor: Other Voices: Some Dissenting Views From Readers, N.Y. Times, Feb. 22, 2004, at WK-2

  • Letter: Forced Marriage?, The Advocate, Feb. 17, 2004, at 4

  • Progressive Federalism? A Gay Liberationist Perspective, 66 Albany Law Review 719 (2003)

  • Judicially Straight? Boy Scouts v. Dale and the Missing Scalia Dissent, 76 Southern California Law Review 521 (2003)

  • Letter: Affirmative Action and the Constitution, Washington Post, July 1, 2003, at A12

  • Same-Sex But Equal: Reformulating the Miscegenation Analogy, 34 Rutgers Law Journal 107 (2002)

  • Letter: Scope of gay rights bill reflects practical reality, Albany Times Union, Nov. 6, 2002, at A6

  • Letter: Judge was right in recent ruling, Albany Times Union, Oct. 12, 2002, at A6

  • Why Interstate Containment of Same-Sex Marriage Is a Good Interim Policy, (Fall/ Winter 2001) Albany Law School Magazine 14 (2001)

  • Florida vs. the Supremes: The State High Court's Supreme Efforts Thwarted in the 2000 Election, 3 Government, Law and Policy Journal (New York State Bar Association, Committee on Attorneys in Public Service) 11 (2001)

  • When There Is No Winner to Take All: Salvaging Political Legitimacy by Splitting Florida's Electoral Votes (Commentary on JURIST: The Legal Education Network)

  • Letter: If It Walks Like a Bigot..., Washington Post, Jun. 25, 2000, at B06

  • Letter: Racism and the Bar, New York Times, Feb. 19, 1999, at A22

Forthcoming Publications

Selected Achievements

  • ​Professor Stephen Clark received Albany Law School's Excellence in Service Award on May 24, 2019.

  • ​Professor Stephen Clark will deliver the 4th Annual Katheryn D. Katz '70 Memorial Lecture, "Progressively Incorrect: A Gay Liberationist Critique in the Social Justice Era," at Albany Law School on October 23, 2018.

  • ​Professor Stephen Clark delivered the 4th Annual Katheryn D. Katz '70 Memorial Lecture, "Progressively Incorrect: A Gay Liberationist Critique in the Social Justice Era," at Albany Law School on October 23, 2018. 

  • ​Professor Stephen Clark moderated the LGBT Law Series panel "Legal Issues Facing LGBT Older Adults" ​at Albany Law School on February 16, 2017.

  • Professor Stephen Clark was a panelist at “The State of LGBT Rights in 2017” at Albany Law School on January 30, 2017.

  • Professor Stephen Clark moderated the Albany Law Review symposium "Shaping SCOTUS: The Impact of the 2016 Presidential Election on the Future of the Supreme Court" on October 20, 2016.

  • ​Professor Stephen Clark presented as part of a faculty workshop exchange at Western New England University School of Law.

  • ​Professor Stephen Clark filed an amicus brief to the 8th Circuit regarding the pending marriage equality decisions in Missouri and South Dakota. 

  • ​Professor Stephen Clark presented at the South Dakota Law Review Symposium entitled "Many Voices: A discussion of LGBTQ Marriage Rights and Transgender Rights" in Vermillion, South Dakota

In the News

  • ​Professor Stephen Clark was quoted in the Schenectady Gazette news article, "Middle school employee asked to remove 'thin blue line' flag mask, later allowed to wear it," on Oct. 30, 2020.

  • ​Professor Stephen Clark was featured in the WAMC newscast, "Albany Law Professor Stephen Clark Discusses Upcoming Battle Over Supreme Court," on Sept. 19, 2020.

  • ​Professor Stephen Clark spoke with NEWS10 ABC for the segment "Local Facebook post draws questions on hate speech" on August 16, 2019.

  • ​Professor Stephen Clark joined CTV in Canada to discuss the confirmation of Justice Kavanaugh to the Supreme Court on October 8, 2018.

  • ​Professor Stephen Clark's op-ed "Gays in the military reassures #MeToo movement that you don't have to win to make progress" was published by The Hill on October 10, 2018.

  • ​Professors Vincent Bonventre and Stephen Clark were quoted in the New York Law Journal article "NY Law Professors Explain Why They Tried to Prevent Brett Kavanaugh from Joining the Supreme Court" on October 5, 2018.

  • ​Professors Vincent Bonventre, Stephen Clark, and Mary A. Lynch were quoted in the Times Union article "18 Albany Law professors, 2,400 others sign letter to Senate opposing Kavanaugh" on October 4, 2018.

  • ​Professor Stephen Clark joined Canada's CTV News to discuss developments in the Kavanaugh-Supreme Court confirmation process on September 28, 2018.

  • ​Professor Stephen Clark spoke with WOOC-FM's "Hudson Mohawk Magazine" about the nomination of Judge Brett Kavanaugh to the Supreme Court on July 12, 2018.

  • ​​Professor Stephen Clark was quoted in the Daily Gazette article "Gun dealers: No need for age restrictions" on March 1, 2018.

  • ​​Professor Stephen Clark was quoted in the Austin American-Statesman article “Austin closes book on one Alamo Drafthouse ‘Wonder Woman’ complaint” on November 22, 2017. He was also mentioned in the Austin Business Journal.

  • ​​Professor Stephen Clark's letter to the editor regarding Pride celebrations was published by the New York Times on June 20, 2017.

  • ​Professor Stephen Clark's op-ed "Why I challenged women-only screenings of ‘Wonder Woman’" was published by the Austin American-Statesman on June 7, 2017.

  • ​Professor Stephen Clark spoke with the Washington Post, Austin American-Statesman, Texas State Network News, KVUE-TV, WNYC and others about why he filed a complaint over women-only screenings of "Wonder Woman." He was also quoted by outlets including the New York Post, ABA Journal, and Bloomberg BNA.

  • Professor Stephen Clark's op-ed, "Trump administration should be careful not to make impeachable threats," was published by The Hill on November 18, 2016.

  • ​Professor Stephen Clark discussed the line between constitutionally protected speech and criminality with NewsChannel13 on November 17, 2016.

  • ​Professor Stephen Clark's op-ed, "Trump’s Supreme Court justice should be shunned," was published by The Hill on November 14, 2016.

  • ​​Professor Stephen Clark was quoted in the article "Pardon would cloud Clinton reputation, ding Obama legacy" in the Washington Times on November 10, 2016.

  • ​​Professor Stephen Clark appeared on San Diego radio station KOGO to talk about his op-ed for The Hill, “Should Obama Just Pardon Hillary?” on November 4, 2016.

  • ​Professor Stephen Clark's op-ed, "Should Obama just pardon Hillary?" was published on the front page of TheHill.com on November 3, 2016.

  • Professor Stephen Clark discussed the presidential election and its impact on the U.S. Supreme Court while previewing the Albany Law Review symposium "Shaping SCOTUS" with Time Warner Cable News on October 20, 2016.

  • ​​Professor Stephen Clark spoke with CBS 6 (WRGB) and NewsChannel 13 (WNYT) about the "natural-born" citizenship status of presidential candidate Ted Cruz on March 3, 2016.


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