Genevieve Lakier

Genevieve Lakier

Assistant Professor of Law, Herbert and Marjorie Fried Teaching Scholar

Genevieve Lakier’s research explores the connections between culture and law. She is currently engaged in a long-term project exploring the cultural history of the First Amendment, and another project exploring the changing role of the state in the regulation of sex. 

Genevieve has an AB from Princeton University, a JD from New York University School of Law, and an MA and PhD in anthropology from the University of Chicago. Between 2006 and 2008, she was an Academy Scholar at the Weatherhead Center for International and Area Studies at Harvard University. After law school, she clerked for Judge Leonard B. Sand of the Southern District of New York and Judge Martha C. Daughtrey of the Sixth Circuit Court of Appeals. Before joining the faculty, Genevieve taught at the Law School as a Bigelow Fellow and Lecturer in Law.


The University of Chicago
PhD, 2014

  • Dissertation: The Spectacle of Power: Coercive Protest and the Problem of Democracy in Nepal

MA in cultural anthropology, 2001

  • Master's thesis: A Double Edged Sword: Imprisonment and Politicization in Apartheid South Africa

New York University School of Law
JD, 2011

  • Editor in chief, NYU Review of Law & Social Change, 2010-2011
  • McKay Scholar (top 25% of class after four semesters)
  • Research Assistant for Professor Barry Friedman, January-July 2011
  • Research Assistant for Professors Burt Neuborne and Richard Pildes, summer 2009

Princeton University
AB, cum laude in anthropology

  • Editor in chief, Princeton Eclectic Magazine, 1996-1997


The University of Chicago Law School
Assistant Professor of Law, July 2015-present
Bigelow Teaching Fellow and Lecturer in Law, September 2013-June 2015

The Hon. Martha Craig Daughtrey, United States Court of Appeals for the Sixth Circuit Cincinnati, OH
Law clerk, August 2012-July 2013

The Hon. Leonard B. Sand, Southern District of New York
Law clerk, August 2011-July 2012

Paul, Weiss, Rifkind, Wharton & Garrison LLP New York, NY
Summer Associate, 2010

American Civil Liberties Union New York, NY
Legal Intern, Women’s Rights Program, January-June 2010

University of Illinois at Chicago
Lecturer in Anthropology, January-June 2005

Princeton in Asia
Instructor in English as a Second Language, Thu Duc, Vietnam, September 1997-June 1998

Journal Articles

  • "The Non-First Amendment Law of Speech," 134 Harvard Law Review __ (2021) (Forthcoming). ssrn
  • "The First Amendment's Real Lochner Problem," 87 University of Chicago Law Review 1243 (2020). ssrn www
  • "Imagining an Antisubordinating First Amendment," 118 Columbia Law Review 2117 (2019). cu
  • "Not Such a Fixed Star After All: West Virginia State Board of Education v. Barnette, and the Changing Meaning of the First Amendment Right Not To Speak," 13 FIU Law Review 741 (2019).
  • "Apparent Fault," 131 Harvard Law Review 1525 (2018) (with Aziz Z. Huq). ssrn cu
  • "Reed v. Town of Gilbert, Arizona, and the Rise of the Anti-Classificatory First Amendment," 2016 Supreme Court Review 233 (2017). ssrn cu
  • "The Invention of Low-Value Speech," 128 Harvard Law Review 1 (2015). ssrn cu
  • "Sport as Speech," 16 University of Pennsylvania Journal of Constitutional Law 1109 (2014). cu
  • Comment, "From Page to Practice: Corporations as Progressive Actors," 36 New York University Review of Law and Social Change 145 (2012) (with Amalea Smirniotopoulos). cu
  • "'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power," 2012 Supreme Court Review 255 (2012) (with Barry Friedman). cu
  • "Book Review (reviewing Ali Riaz & Subho Basu, Paradise Lost: State Failure in Nepal (2007))," 67 Journal of Asian Studies 1494 (2008). cu
  • "The Myth of the State is Real: Notes on the Study of the State in Nepal," 10 Studies in Nepali History & Society 135 (2005). cu

Book Sections

  • "The Problem Isn't the Use of Analogies but the Analogies Courts Use," in The Perilous Public Square: Structural Threats to Free Expression Today, David E. Pozen ed. (Columbia University Press, 2020). www
  • "The Problem Isn’t the Use of Analogies but the Analogies Courts Use," in The Perilous Public Square: Structural Threats to Free Expression Today (Columbia University Press, 2020) (with David E. Pozen).
  • "After the Massacre: Secrecy, Disbelief, and the Public Sphere in Nepal," in Censorship in South Asia: Cultural Regulation From Sedition to Seduction, William Mazzarella & Raminder Kuar eds. (Indiana University Press, 2009). cu
  • "Illiberal Democracy and the Problem of Law: Street Protest and Democratization in Multiparty Nepal," in Contentious Politics and Democratization in Nepal, Mahendra Lawoti ed. (Sage Publications, 2007). cu

Other Publications

  • "The Great Free-Speech Reversal," January 2021. www
  • "The Court, the Constitution, and the Deplatforming of Trump," Slate, January 2021 (with Sonja West). www
  • "The Problem Isn't the Use of Analogies but the Analogies Courts Use," Knight First Amendment Institute's Emerging Threats, March 1, 2018. www
  • "The Potential Silver Lining in Trump’s Travel Ban," Washington Post, July 5, 2017 (with Adam Chilton). www

Political Parties and the Constitution Conference, Stanford Law School, May 2018

Constitutional Conversations, Stanford Law School, March 2018

University of Pennsylvania Law School, Public Law Workshop, November 2017

Chicago-Kent School of Law, March 2017

Brooklyn Law School, August 2016

Law & Society Conference, New Orleans, June 2016

University of Arizona, Free Speech for Assholes, March 2015

Loyola Constitutional Law Colloquium, November 2014

University of Chicago Law School Faculty Work-in-Progress, July 2014

University of Chicago Law School Research Colloquium, May 13, 2014

Chicago-Area Junior Faculty Workshop, February 5, 2014

University of Texas Law School Faculty Workshop, December 2012

"Road and Governmentality in Nepal," Conference on Informalization and Representation in South Asia at the Institute for Comparative Modernities at Cornell University, May 2008

"Chakka jams, Development, and the Problems of Law," University of Wisconsin Annual Conference on South Asia, October 2007

"Helmet lagau! War, traffic, and governmentality in Kathmandu," University of California at Berkeley Annual Conference on South Asia, February 2007

"The city as a symbol, the city as a site: Kathmandu, development and rural politicization," Sociology and Anthropology Society of Nepal International Conference, December 2006

American Anthropological Association Annual Meetings, November-December 2005 (panelist and panel organizer)

Annual Conference on South Asia at University of Wisconsin Madison, October 2005 (panelist)

"Highways and the failure of state authority in Nepal," Workshop on transportation in South Asia at University of Washington at Seattle, May 2005

"The moral economy of the chakka jam," South Asia Workshop at University of Chicago, February 2005

"The Nepal bandh, spectacle and the violence of the political society," Ethnographies of the Political Conference at Columbia University, November 2004


  • Bigelow Fellowship, University of Chicago Law School (2013-2015)
  • Furman Academic Scholarship, NYU Law School (2008-2011)
  • Academy Fellowship, Weatherhead Center for International & Area Studies, Harvard University (2006-2008)
  • Josephine de Karman Write-up Fellowship (2005-2006)
  • Fulbright Hays DDRA Research Fellowship (2003-2004)
  • Fulbright IIE (declined, 2003-2004)
  • National Science Foundation Scholar (1999-2003)
  • University of Chicago Unendowed Fellowship (1998-1999)