Justin Driver

Justin Driver

Harry N. Wyatt Professor of Law, Ludwig and Hilde Wolf Teaching Scholar

Justin Driver is the Harry N. Wyatt Professor of Law at the University of Chicago Law School. A graduate of Brown, Oxford (where he was a Marshall Scholar), and Harvard Law School (where he was an editor of the Harvard Law Review), Driver clerked for Supreme Court Justices Stephen Breyer and Sandra Day O’Connor. A recipient of the American Society for Legal History’s William Nelson Cromwell Article Prize, Driver has a distinguished publication record in the nation’s leading law reviews. He has also written extensively for lay audiences, including pieces in SlateThe AtlanticThe Washington Post, and The New Republic, where he was a contributing editor. A member of the American Law Institute and of the American Constitution Society’s Academic Advisory Board, Driver is also an editor of the Supreme Court Review. Before attending law school, Driver received a master’s degree in education from Duke and taught civics and American history to high school students. His first book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, was published by Pantheon in September 2018.


Harvard Law School
JD, 2004 

  • Editor, Harvard Law Review, Volume 116, 
  • Book Reviews Chair and Articles Editor, Harvard Law Review, Volume 117 
  • Pre-Law Residential Tutor and Member of Fellowships Committee, Lowell House
  • Member, Black Law Students Association 

Oxford University, Magdalen College
MS in modern history, 2000 

  • Marshall Scholarship  

Duke University
MA in teaching, 1998 

  • Rockefeller Brothers Fund Fellowship 

Brown University
BA in public policy with honors, 1997 

  • Noah Krieger Prize for best senior thesis in public policy 
  • Judge Alfred Joslin Award for outstanding campus leadership 
  • Charles Royce Fellowship for academic achievement 
  • Rose Writing Fellows Program


The University of Chicago Law School 
Harry N. Wyatt Professor of Law, 2016-present
Professor of Law, Herbert and Marjorie Fried Research Scholar 2014-2016
Visiting Assistant Professor, Autumn 2012

The University of Texas School of Law 
Professor of Law, 2013-2014 
Assistant Professor, 2009-2013 

Stanford Law School
Herman Phleger Visiting Professor, Winter and Spring 2014 

Harvard Law School
Sullivan & Cromwell Visiting Assistant Professor, Fall 2013 
Charles Hamilton Houston Fellowship, 2004-2005 

The University of Virginia Law School
Visiting Assistant Professor, Spring 2013 

Sidley Austin, LLP Washington, D.C. 
Associate, 2007-2009
Summer Associate, 2004

Hon. Sandra Day O’Connor (Ret.) & Hon. Stephen Breyer, U.S. Supreme Court 
Law Clerk, 2006-2007

Hon. Merrick B. Garland, U.S. Court of Appeals for the D.C. Circuit 
Law Clerk, 2005-2006   

Jenner & Block Washington, D.C. 
Summer Associate, 2003  

O’Melveny & Myers Washington, D.C. 
Summer Associate, 2003  

Hale & Dorr Boston, MA 
Summer Associate, 2002

The New Republic 
Assistant Literary Editor, 2001 

Books (Author)

  • The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind (Pantheon, 2018).cu www

Journal Articles

  • "The Keyes of Constitutional Law," 106 California Law Review 1931 (2018). cu
  • "The Courts, the Schools, and the Constitution," 100 Phi Delta Kappan 14 (2018). cu www
  • "Constitutional Outliers," 81 University of Chicago Law Review 929 (2014). cu
  • "Reactionary Rhetoric and Liberal Legal Academia," 123 Yale Law Journal 2616 (2014). cu
  • "Supremacies and the Southern Manifesto," 92 Texas Law Review 1053 (2014). cu
  • "The Constitutional Conservatism of the Warren Court," 100 California Law Review 1101 (2012) (awarded the 2012 William Nelson Cromwell Article prize for the best article in American legal history published by an early career scholar). cu
  • "Recognizing Race," 112 Columbia Law Review 404 (2012). cu
  • "The Significance of the Frontier in American Constitutional Law," 2011 Supreme Court Review 345 (2012). cu
  • "Judicial Inconsistency as Virtue: The Case of Justice Stevens," 99 Georgetown Law Journal 1263 (2011). cu
  • "The Consensus Constitution," 89 Texas Law Review 755 (2011). cu
  • "Rethinking the Interest-Convergence Thesis," 105 Northwestern University Law Review 149 (2011). cu
  • "Rules, the New Standards: Partisan Gerrymandering and Judicial Manageability After Vieth v. Jubelirer," 73 George Washington Law Review 1166 (2005). cu
  • Note, "Note, Underenfranchisement: Black Voters and the Presidential Nomination Process", 117 Harvard Law Review 2318 (2004). cu

Book Sections

  • "Justice Thomas and Bigger Thomas," in Fatal Fictions: Crime and Investigation in Law and Literature, Alison LaCroix, Richard H. McAdams & Martha Nussbaum eds. (Oxford University Press, 2016). cu

Other Publications

  • "Ask the Author: Our Constitution Says We Must Take This Risk," SCOTUSblog, October 16, 2018 (with Andrew Hamm). www
  • ""The Schoolhouse Gate": The Constitution Goes to School," The Volokh Conspiracy, September 17, 2018. www
  • "How Trump Nominee Brett Kavanaugh Could Threaten Undocumented Children's Education," Time, September 2018. www
  • "Do Public School Students Have Constitutional Rights?," New York Times, August 31, 2018. www
  • "The Report on Race that Shook America," The Atlantic, May 2018. www
  • "Challenging Conventional Perspectives of Burger Court, (reviewing THE BURGER COURT AND THE RISE OF THE JUDICIAL RIGHT, By Michael J. Graetz and Linda Greenhouse)," Washington Post, June 20, 2016, at p.B6. www
  • "60 years later, the Southern Manifesto is as alive as ever," Los Angeles Times, March 11, 2016. www
  • "Divine Justice (reviewing Bruce Allen Murphy, Scalia: A Court of One (2014))," New Republic, September 2014. www
  • "Ignoble Specificities (reviewing Jack M. Balkin, Living Originalism (2011))," New Republic, April 2012. www
  • "Obama's Law," New Republic, June 2011. www
  • "Why the High Court is Ready for Gay Marriage," Washington Post, June 26, 2011, at p. B1, B4.
  • "Robust and Wide-Open: Justice Brennan: Liberal Champion, by Seth Stern & Stephen Wermiel," New Republic, February 2011. www
  • "It's Alive," New Republic, July 2010. www
  • "The Stevens Myth," New Republic, April 2010. www
  • "Why Law Should Lead," New Republic, April 2010 (REVIEWinG THE WILL OF THE PEOPLE, BY BARRY FRIEDMAN reprinted in 2011 GREEN BAG ALM. 375, issue honoring exemplary legal writing). www
  • "The Lawyer's Revolution," New Republic, March 2006 (reviewing A MATTER OF LAW: A MEMOIR OF STRUGGLE in THE CAUSE OF EQUAL RIGHTS, BY ROBERT L. CARTER).
  • "Dream Weaver," New Republic, January 2004 (reviewing HER DREAM OF DREAMS: THE RISE AND TRIUMPH OF MADAM C.J. WALKER, BY BEVERLY LOWRY).
  • "Why Johnnie Can't Lead," New Republic, February 2003 (reviewing A LAWYER'S LIFE, BY JOHNNIE COCHRAN WITH DAVID FISHER).
  • "Cambridge Diarist: Class Act: 8 Mile," New Republic, November 2002.
  • "Pillar of Ire," New Republic, April 2002 (reviewing AMIRI BARAKA: THE POLITICS AND ART OF A BLACK inTELLECTUAL, BY JERRY GAFIO WATTS).
  • "The Mirth of a Nation: Black Comedy's Reactionary Hipness," New Republic, June 2001.
  • "Sports Nut: The Soles of Black Folk," Slate, April 27, 2001. www

Discussant (two papers), Culp Colloquium at Duke University Law School, May 2014 

“Reactionary Rhetoric and Liberal Legal Academia,” The Meaning of the Civil Rights Revolution Symposium at Yale Law School, March 2014

“Bigger Thomas and Smaller Thomas,” Crime in Law and Literature Conference at University of Chicago Law School, February 2014 

“Supremacies and the Southern Manifesto,” Stanford Law School Faculty Colloquium, January 2014; Harvard Law School Faculty Colloquium, December 2013; University of Virginia School of Law Faculty Colloquium, February 2013; University of Michigan Law School Faculty Colloquium, November 2012; University of Chicago Law School Faculty Colloquium, November 2012; University of Texas School of Law Faculty Colloquium, October 2012

“Constitutional Outliers,” University of Texas School of Law Faculty Colloquium, October 2013

“The Constitutional Conservatism of the Warren Court,” Junior Faculty Forum at Harvard Law School, June 2012; Culp Colloquium at Duke University Law School, May 2012

“Ignoble Specificities," Constitutional Interpretation and Change: A Conference on Jack Balkin’s Living Originalism at Yale Law School, April 2012

Commentary on constitutional law panel, The Antibalkanization Turn in Antidiscrimination Law and Theory, American Association of Law Schools Annual Meeting in Washington, D.C., January 2012 

“The Consensus Constitution,” Countermajoritarianism and the Courts at University of Texas School of Law, March 2012; The Future of Equality at University of Texas School of Law, April 2011; University of Chicago Law School Constitutional Law Colloquium, January 2011; University of Texas School of Law Faculty Colloquium, January 2011; Vanderbilt Law School Faculty Colloquium, November 2010 

“Recognizing Race,” Columbia Law School Faculty Colloquium, February 2012; Northwestern University Law School Faculty Colloquium, January 2012; Vanderbilt Law School Faculty Colloquium, January 2012; Twenty Years After the 1991 Civil Rights Act: What Does the Future Hold? at Wake Forest University School of Law, November 2010 

Conference panel moderator and discussant, Constitutional Faith & Constitutional Redemption at University of Texas School of Law, October 2011 

Moderator, conference panel, Federalism and Its Future at University of Texas School of Law, February 2011

Remarks on Ricci v. DeStefano, Supreme Court Round-up at University of Texas School of Law Federalist Society, September 2009  

The Southern Manifesto and the Politics of Judicial Supremacy

The Warren Court Paradox

The Signifying First Amendment