Dennis J. Hutchinson
Sr. Lect. in Law and William Rainey Harper Professor in the College, Master of the New Collegiate Division, and Assoc. Dean of the College
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-9575
email: dennis_hutchinson@law.uchicago.edu

Publications (Books | Scholarly Articles | Misc. | Journals  | Works in Progress)

Books

The Forgotten Memoir of John Knox, paperback ed., Univ. of Chicago Press (2004) (edited with David J. Garrow).

Preface, An Introduction to Legal Reasoning by Edward H. Levi (Zhong Zhuang, trans.) (Chinese University of Political Studies Press 2002).

The Forgotten Memoir of John Knox: A Year in the Life of a Supreme Court Clerk in FDR's Washington (University of Chicago Press 2002) (edited with David J. Garrow).

The Man Who Once Was Whizzer White (New York: The Free Press, 1998) (a New York Times "Notable Book of 1998").

Scholarly Articles

"Aspen and the Transformation of Harry Blackmun," 2005 Supreme Court Review 307.

"Perspectives on Brown," 8 The Green Bag 2d 43 (2004)

"Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court," 74 U. Colo. L. Rev.  1409 (2003).

"'Achilles Heel of the Constitution:' Justice Jackson and the Japanese Exclusion Cases," 2002 Supreme Court Review 455.

"Elements of the Law," 70 U. Chi. L. Rev. 141 (2003).

"Credos," 112 Yale L. J. 983 (2003).

"Remembering Grant Gilmore," 6 The Green Bag 2d 67 (2002).

Review of St. Clair and Gugin, "Chief Justice Fred M. Vinson of Kentucky: A Political Biography," H-Net: Humanities and Social Sciences On-Line (July 6, 2002).

"A Century of Social Reform: The Judicial Role," 4 The Green Bag 2d 151 (Winter 2001).

Review of Urofsky, "Division and Discord: The Supreme Court under Stone and Vinson, 1941-1953," 17 Law & History Rev. 205 (1999).

"Remembering Justice Powell," 2 The Green Bag (N.S.) 163 (Winter 1998).

"Whizzer White at Yale," 1 The Green Bag (n.s.) 137 (1998).

"'The Ideal New Frontier Justice,'" 1997 Supreme Court Review 373.

"Justice Jackson and the Nuremburg Trials," Journal of Supreme Court History 105 (1996).

Commentary, "Judicial Biography: Amicus Curiae," 70 NYU L. Rev. 723 (1995).

"Harry A. Blackmun" in IV Friedman & Israel, The Justices of the United States Supreme Court (Chelsea House 2d ed. 1995).

"Hugo Black Among Friends," (Book Review), 93 Mich. L. Rev. 1885 (May 1995).

"The Man Who Once Was Whizzer White," 103 Yale L. J. 43 (1993).

Various essays in Oxford Companion to the Supreme Court (1992) (including Brown v. Board of Education, William O. Douglas).

"Robert H. Jackson," in New York and the Union, Stephen L. Schechter & Richard B. Bernstein, eds. (1990).

"The Felix Frankfurter Papers" (Microform Review), 75 Journal of American History 1384 (1989).

"The Black-Jackson Feud," 1988 Supreme Court Review 203.

Book Review, Frank Murphy: The Washington Years, S. Fine, 1 Benchmark 54 (1985).

Biographical sketches of John Quincy Adams, Joseph Walter Bingham, Benjamin N. Cardozo, Felix Frankfurter, Elihu Root, Harlan Fiske Stone, Joseph Story, in Biographical Dictionary of the Common Law, A. W. B. Simpson, ed. (Butterworths 1984).

Book Review Note, Constitutional Faiths, M. Silverstein, (1984), 34 J. Legal Ed. 748 (1984).

"The Business of the Supreme Court, O. T. 1982," 50 U. Chi. L. Rev. 628 (1983) (with Philip B. Kurland).

"Hail to the Chief: Earl Warren and the Supreme Court" (Book Review), 81 Mich. L. Rev. 922 (1983).

"More Substantive Equal Protection? A Note on Plyler v. Doe," 1983 Supreme Court Review 167.

"Mr. Justice Frankfurter and the Business of the Supreme Court, 1949-1961," 1980 Supreme Court Review 143.

"Unanimity and Desegregation: Decision-Making in the Supreme Court, 1948-1958," 68 Geo. L. J. 1 (1979).

Miscellaneous Publications

"Biography overstates its case;  Earl Warren's path to the Supreme Court," Chicago Tribune C3 (October 8, 2006).

IN MEMORIAM:  Clayton S. White (1912-2004), XCI American Oxonian 380 (2004 [2005]).

IN MEMORIAM:  Byron R. White (1917-2002), LXXXIX American Oxonian 463 (2002 [2003]).

"Resolutions of the Bar of the Supreme Court of the United States in Honor of Justice White," 537 U.S. vi (2003) (with Lance Liebman).

"Rehnquist's Law," review of Starr, First Among Equals:  The Supreme Court in American Life, New York Times Book Review (Oct. 13, 2002).
 
"Supreme Idealist," review of Newmyer, John Marshall and the Heroic Age of the Supreme Court, New York Times Book Review 18 (Jan. 13, 2002).

"Byron R. White," in The Encyclopedia of the Great Plains (University of Nebraska, 2001).

"Tribunals of war: A history lesson in mass crimes," Chicago Tribune C21 (November 18, 2001).

"Law and Politics in the U.S. Supreme Court," Chicago Tribune 21 (Dec. 17, 2000).

"Supreme Court TV," Chicago Tribune 21 (Nov. 29, 2000).

"The Great Chief Justice," review of Smith, John Marshall, Chicago Tribune, at §14:5 (Dec. 22, 1996).

"The GOP Hold on Judgeships: Partisan politics have ground confirmations to a halt," Legal Times 25 (March 25, 1996); Reply, April 22.

"The Papers of Thurgood Marshall," 6 Appellate Law Review 72 (1994).

"A Master of the Bench,"review of Gunther, Learned Hand, Wall Street Journal A2 (July 12, 1994).

Moderator, "Perspectives on White: A Roundtable," 79 ABA Jo. 68 (1993).

"Byron R. White," in The Supreme Court Justices: Illustrated Biographies, 1789-1993, Clare Cushman, ed., (Congressional Quarterly [1993]), reprinted in XIV Quarterly: The Supreme Court Historical Society 10-11, 18-19 (1993).

"And Besides Gut Feelings, George?" (Op-Ed Page), Chicago Tribune A25 (June 30, 1989).

"Robert H. Jackson, Independent Advocate," New York Notes, published by the New York State Commission on the Bicentennial of the United States Constitution (Fall 1988).

"At Issue: Too Many Friends of the Court? With Friends Like These..." 70 ABA Journal 16 (Aug. 1984) (with Philip B. Kurland).

"The Burger Court: It's Too Casual About Its Past," Washington Post B8 ("Topic A") (July 10, 1983).

"Burger Needs to Define His Court Before Creating New One," Los Angeles Times (and Times-Post Syndicate) (Feb. 9, 1983).

"Resolutions of the Bar of the Supreme Court of the United States in Honor of Justice Fortas," 459 U.S. v-xvi (1982), reprinted as Lee, "In Memoriam: Abe Fortas," 1983 Yearbook of the Supreme Court Historical Society 7.

"William O. Douglas: Justice for All," Newsday 37 (Jan. 21, 1980).

Biographical sketches, "Earl Warren," "Warren Burger," Colliers Encyclopedia (1979 et seq.).

Journals

The Supreme Court Review (1991 - present) (edited with David A. Strauss and Geoffrey R. Stone).

Presentations (Legal | Education)

Legal Presentations

Remarks, “Meet the Press:  The New Supreme Court and Public Relations,” American Constitution Society, Houston Chapter, Houston (March 2, 2007).

Remarks, “Judicial Independence,” Sixth Annual Meeting, College of Commercial Arbitrators, Chicago (Oct. 28, 2006).

Moderator and Panelist, “The President, the Constitution, and the War Powers: Lincoln and Bush,” Chicago Convenes (May 5, 2006).

“Norval Morris, Aspen, and the Transformation of Harry Blackmun,” Chicago’s Best Ideas (April 27, 2006).

Panelist, “The Supreme Court and What it Means for America,” University of Chicago Law School Alumni Association, Chicago (March 7, 2006).

Discussion, with Steve Shapiro, “The Supreme Court 2005,” (Illinois) Appellate Lawyers Association, Chicago (October 28, 2005).

“Threat or Menace:  Judicial Independence Yesterday, Today, and Tomorrow?”  National Association of Women Judges, Houston, TX (Oct. 20, 2005).

“Judicial Independence,” American Constitutional Society, Houston, TX (Oct. 7, 2005).

“History of Attacks on Judicial Independence,” Workshop for Judges of the Fifth Circuit (Federal Judicial Center), Houston, TX (Oct. 6, 2005).

“The Transformation of Harry Blackmun,” Justice Blackmun and Judicial Biography, Brooklyn Law School, Brooklyn, NY (Sept. 16, 2005).

Keynote Address, “Perspectives on Brown,” Annual Judicial Conference of the Ninth Circuit, Monterey, CA. (July 20, 2004).

“Legal History at Chicago,” Chicago’s Best Ideas (May 21, 2003).

Harper Lecture: The Supreme Court after Bush v. Gore: Still the Least Dangerous Branch? (May 17, 2003), Washington, D.C.; (May 18, 2003), Baltimore, Md.

The Forgotten Memoir of John Knox: Editing History, Institute for Governmental Studies, University of California at Berkeley, (Feb. 14, 2003).

Two Cheers for Judicial Restraint: Byron White and the Role of the Court, Conference Paper, University of Colorado Law School of Law, Boulder (Jan. 27, 2003).

Pepys in Hyde Park: The Diary and Memoir of John Knox, lecturer to the Friends of the Library, the University of Chicago (in conjunction with the Centennial of the Law School) (Oct. 9, 2002).

Panelist, Military Tribunals: History, Policy, Legality, University of Chicago Law School (Jan. 17, 2002).

Remarks on the Election and the Courts, Lincoln Legal Foundation Luncheon, Chicago (Dec. 19, 2000).

"October Term 2000: The Supreme Court, Presidential Elections, and Political Agendas," Univiversity of Chicago Loop Luncheon, Chicago (Oct. 2, 2000).

Chair, "Historical and Cultural Approaches to Constitutions," Annual Meetings, American Political Sciences Association, Washington, D.C. (Aug. 31, 2000).

Keynote Address, "A Century of Social Reform: The Judicial Role," Annual Judicial Conference of the Ninth Circuit, Sun Valley, Id. (Aug. 21, 2000).

Paper, "The Character of the Judge: Byron White in Context," Conference on Character and Adjudication, University of Colorado School of Law, Boulder (April 8, 2000).

Commentator, "John Marshall and Judicial Review," Bicentennial Symposium of Chief Justice John Marshall, John Marshall Law School, Chicago (April 5, 2000).

Discussant, "Cardozo: A Persistent Enigma-His Legacy, Reputation and Influence," 1999 Annual Meetings, Law & Society, Chicago (May 28).

Panelist, "Judicial Biography," Judicial Fellows Program, Supreme Court of the United States, Washington, D.C. (Jan. 22, 1999).

"Kennedy Justice Revisited," Cityfront Lecture Series, University of Chicago Alumni Association, Chicago (Nov. 21, 1996).

Talk, "'Am I My Mother's Keeper?' Judicial Confirmation in the 104th Congress," Federalist Society (Chicago Chapter) (March 5, 1996).

Luncheon Talk, "The Decor of Justice," Annual Seventh Circuit Judicial Conference, Chicago (Oct. 17, 1995).

Lecture: The Supreme Court and Nuremburg (co-sponsored by The Friends of the Law Library of the Library of Congress and the Supreme Court Historical Society), Washington, D.C. (May 10, 1995).

Commentator, "'Contracted' Biography and Other Obstacles to 'Truth,'" New York University Conference on Judicial Biography, New York, New York (May 6, 1995).

Lecture, "Historical Perspectives on the Rhetoric of Law and Race," Midwest Faculty Seminar (Center for Continuing Education, The University of Chicago), Chicago (April 7, 1994).

Lecture, "Tempest in a File Cabinet: The Thurgood Marshall Papers," (Illinois) Appellate Lawyers Association, Chicago (March 18, 1994).

Lecture, "History, Theory and the Thurgood Marshall Papers," sponsored by Discourses (NYU School of Law) (Feb. 17, 1994).

Testimony, "The Thurgood Marshall Papers," Subcommittee on Regulation and Government Information, Committee on Governmental Affairs, United States Senate, Washington, D.C. (June 11, 1993).

Loop Luncheon Debate: "Abortion: It's a Controversial Question, But is it a Constitutional One?" (with Michael W. McConnell), Chicago (Dec. 11, 1992).

Talk, "Is the Supreme Court Political?" Hinsdale (Ill.) Rotary Club (July 31, 1992).

Annual Alumni Lecture, "Law and the Liberal Arts: Rules and Roles, or the Crisis of Captain Vere," St. John's College, Santa Fe, NM (July 16, 1992).

Panelist, "The Role of Ethics in the Study of the Law," sponsored by The Society for Ethics and Law, The University of Chicago Law School (Jan. 23, 1991).

Paper, "Intersections of Legal Rhetoric, Legal Theory and Legal Education," Workshop of the Committee on the Analysis of Ideas and the Study of Methods, The University of Chicago (May 16, 1990).

Moderator, A Debate: Webster v. Reproductive Health Services, sponsored by the Progressive Law Students Association and other groups (May 19, 1989).

Lecture, "The Intended and Actual Function of the Equal Protection Clause," Law School Issue Awareness Day (April 6, 1989).

Paper and Comment, "The Senate's Role in Supreme Court Nominations: The View from History," Conference sponsored by Northwestern University School of Law, Chicago (March 17, 1989) (broadcast on C-SPAN) (published in the Northwestern Law Review, vol. 84, nos. 3 & 4, at 925 (1990)).

Panelist, "Faculty Panel Discussion: Setback for Civil Rights? The Supreme Court and §1981," The Law School/The University of Chicago (May 4, 1988).

Panelist, "The Constitution, the President, and Foreign Policy? Where Do 'We the People' Fit In?" Downer's Grove, sponsored by the League of Women Voters of Downer's Grove. (Nov. 19, 1987).

Paper, "Justices Black and Jackson: Feud Over Faith?" 1988 Annual Meetings, OAH, Reno, Nv. (March 26) (published in 1988 The Supreme Court Review (1989)).

Panelist, "The Constitution, the President, and Foreign Policy? Where Do 'We the People' Fit In?" Downer's Grove, sponsored by the League of Women Voters of Downer's Grove. (Nov. 19, 1987).

Lecture, "Does the Constitution Matter?" Bates College, Lewiston, Me. (Oct. 7, 1987); Bowdoin College, Brunswick, Me., (Oct. 8, 1987), co-sponsored by the Depts. of History, Bates and Bowdoin Colleges.

Talk and discussion, "What Did the Framers Think? What Does It Matter? Reflections on the Bicentennial of the Constitution," University of Chicago Club of Northeast Ohio, Cleveland (July 12, 1987).

Panelist, Roundtable on "The Constitution at 200," 1987 Annual Meetings of the Organization of American Historians (OAH), Philadelphia, Pa. (April 4, 1987).

Lecture and discussion, "The Supreme Court at October Term, 1985: Civil," Workshop for Judges of the U.S. Court of Appeals for the Ninth Circuit, Monterey, Ca. (Jan. 22, 1987).

Panelist, "Case Selection by the Supreme Court: Is There a Problem?" NYU School of Law (Nov. 1, 1986).

Panelist, "The Supreme Court: End of an Era?" Extension 720 (WGN Radio), Chicago (Aug. 19, 1986).

Panelist, "Whither Judicial Biography?" 1985 Annual Meetings, APSA, New Orleans, La. (Aug. 31, 1985).

Lecture, "Constitutional Requirements Relating to Taxation Procedures," at Symposium on "Income Taxation in the Constitutional System of the United States and the Federal Republic of Germany," sponsored by the Drager Foundation and by the Institute for Finance and Tax Law, Heidelberg University (F.R.G.) (June 27-28, 1985).

Lecture, "A Scholar's View of the Tom C. Clark Papers," Symposium on the Tom C. Clark Papers, Austin (March 19, 1985) (published in A Symposium on the Tom C. Clark Papers, Tarlton Law Library, Austin: ©1987).

Lecture, "Robert H. Jackson and The Substance of Style," 1984 Annual Meetings, American Society for Legal History, Newark, N.J. (Oct. 19, 1984).

Lecture, "The Emergence of the O'Connor Court?" Chicago Chapter, The University of Chicago Law School Alumni Association (Oct. 10, 1984).

Panelist, "Civil Rights in the Eighties: A Thirty-Year Perspective," sponsored jointly by The University of Chicago and the Chicago Urban League (June 15, 1984).

Commentator, "Owen Fiss on the Burger Court," sponsored by the Federalist Society of The University of Chicago (May 20, 1983).

"Is There Anything Amusing About the History of the Legal Profession in the United States?" After-dinner speech to the Visiting Committee of the Law School, The University of Chicago (Nov. 16, 1982).

"The Legal Realism of William O. Douglas,"Legal History Workshop, Cornell Law School (March 19, 1982).

Panelist, "The Supreme Court," 1980 Annual Meetings, American Political Science Association (APSA), Washington, D.C. (Aug. 29, 1980).

Panelist, "Voluntary Affirmative Action: The Weber Case," 1979 Symposium on Litigation of Equal Employment Discrimination Actions (C. L. E.), Washington, D.C. (Sept. 23, 1979).

Panelist, "Thomas More: Lawyer," Thomas More Symposium, Washington, D.C. (June 22-25, 1978).

Lecture, "The Supreme Court and the Press," NYU School of Law (May 2, 1978).

Education Presentations

"Teaching and Learning: Martial Arts?" Sarah and James Bowdoin Day Address, Brunswick, Me. (Oct. 6, 2000).

Remarks, "Core Curricula," Faculty of Arts & Sciences, Hofstra University, Hempstead, NY (March 1, 2000).

Remarks, "Reforming General Education: A Survivor's Tale," Ad Hoc Committee for the Assessment of General Education, Brigham Young University, Park City, UT (Dec. 10, 1999).

Remarks and Comment, The Future of Undergraduate Education: What Will Students Learn? (Bowdoin College Bicentennial Symposium), Brunswick, ME. (June 3, 1994).

Panelist, "Staff Development: The Political Factors," 1993 National Staff Development Council (NSDC) Convention, Dallas, TX. (Dec. 12, 1993).

Informal presentation, Proposed Article X to the Illinois Constitution, Committee on Constitutional Law, Chicago Bar Association (Aug. 7, 1992).

Talk, "Should We Constitutionalize School Funding Decisions in Illinois?" Hinsdale (Oct. 28, 1992) (sponsored by Citizens for Property Tax Accountability [CPTA]).

Talk, "The Crisis in School Funding: A Legal, Legislative, Academic and School District Analysis," Rosemont, IL (March 9, 1991).

Works in Progress

“Philip Kurland,” in Yale Biographical Dictionary of American Law (Yale).