School University
Resume:
Mark D. Rosen
Professor, Chicago-Kent College of Law
*** **** ***** ******, *******, Illinois 60661
312-***-**** abpqiy@r.postjobfree.com
ACADEMIC APPOINTMENTS AND RELATED MATTERS
Chicago-Kent College of Law
Professor Fall 2009-present
Professor and Freehling Scholar Spring 2005- Fall 2009
Associate Professor (with tenure) Spring 2003 to Spring 2005
Fall 1999 to Spring 2003
Assistant Professor
Northwestern University School of Law
Visiting Professor Spring 2007
University of Minnesota Law School
Visiting Professor Fall 2005 Spring 2006
(received offer to join at rank of tenured professor in
December 2005)
Special Academic Honors Winner, Outstanding Scholarly
Paper Award (Association of
American Law Schools, 2006)
Subjects Taught
Constitutional Law
Election Law
Conflict of Laws
State & Local Government Law
Indian Law
Civil Procedure
Contracts
The University of Chicago Law School Fall 1997 to Summer 1999
Bigelow Fellow and Lecturer-in-Law
EDUCATION
J. D., cum laude 1993
Harvard Law School
Cambridge, Massachusetts
Articles Editor Harvard Law Review
B. A., magna cum laude - 1986
Yale College
New Haven, Connecticut
Economics and Political Science
Resume of Mark D. Rosen, 2 of 7 pages
ADDITIONAL PROFESSIONAL EXPERIENCE
Frequent commentator on television (e.g., ABC7, Channel 5, FOX News, First Business, CLTV),
for newspapers (e.g., Chicago Tribune, Chicago Sun Times, Christian Science Monitor, Chicago
Daily Law Bulletin), and radio (including National Public Radio)
Numerous consulting projects on behalf of the federal government, states, municipalities, Indian
tribes, and private clients, 1999-present
Litigation Associate, Foley, Hoag & Eliot (Boston, Massachusetts), appellate and complex
litigation, 1994-97
Clerk, The Honorable Bruce M. Selya, United States Court of Appeals for the First Circuit,
1993-94
PUBLICATIONS
Congress Primary Role in Determining What Full Faith and Credit Requires: An Additional Argument
41 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL 7(2011) (invited symposium contribution)
The Educational Autonomy of Illiberal Religious Groups in a Liberal State
1 JOURNAL OF LAW, RELIGION AND THE STATE xx (forthcoming 2011) (invited symposium
contribution)
Reframing Professor Statman s Inquiry: From History to Culture
THE JOURNAL OF TEXTUAL REASONING (2011) (invited on-line symposium contribution, viewable at
http://etext.virginia.edu/journals/tr/volume6/number1/TR06_01_rosen.html)
Why (and to what extent) Political Liberalism Should Accommodate Perfectionist Religious Groups, 40
PHILOSOPHIA xx (forthcoming 2011)
Evaluating Tribal Courts Interpretations of the Indian Civil Rights Act, forthcoming chapter in THE
INDIAN CIVIL RIGHTS ACT AT 40 (Angela Riley, Matthew Fletcher & Kristin Carpenter, eds.)
From Exclusivity to Concurrence
94 MINNESOTA LAW REVIEW 1051(2010)
State Extraterritorial Powers Reconsidered
85 NOTRE DAME LAW REVIEW 1133 (2010)
Contextualizing Preemption
101 NORTHWESTERN UNIVERSITY LAW REVIEW 781 (2008) (invited symposium contribution)
Was Shelley v. Kraemer Incorrectly Decided? Some New Answers
95 CALIFORNIA LAW REVIEW 451 (2007) Winner, Outstanding Scholarly Paper Award
(Association of American Law Schools, 2006)
Resume of Mark D. Rosen, 3 of 7 pages
Revisiting Youngstown: Against the View that Jackson s Concurrence Resolves the Relation Between
Congress and the Commander-In-Chief
54 UCLA LAW REVIEW 1703 (2007) (invited symposium contribution)
Hard or Soft Pluralism? Positive, Normative, and Institutional Considerations of States Extraterritorial
Powers
51 SAINT LOUIS UNIVERSITY LAW JOURNAL 714 (2007) (invited contribution for commentary to endowed lecture)
Why the Defense of Marriage Act is Not (Yet?) Unconstitutional: Lawrence, Full Faith and Credit, and
the Many Societal Actors That Determine What the Constitution Requires
90 MINNESOTA LAW REVIEW 915 (2006)
The Surprisingly Strong Case for Tailoring Constitutional Guarantees
153 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1513 (2005)
Institutional Context in Constitutional Law
21 JOURNAL OF LAW AND POLITICS 223 (2005)
(invited symposium contribution: Democracy in Action: The Law and Politics of Local Governance)
Modeling Constitutional Doctrine
49 SAINT LOUIS UNIVERSITY LAW JOURNAL 691 (2005)
(invited symposium contribution: On Teaching Constitutional law)
Testimony of Mark D. Rosen, Associate Professor, Chicago-Kent College of Law, on the Subject of
Congressional Power to Enact H.R. 1755, the Child Custody Protection Act, before the Committee on
the Judiciary Constitution Subcommittee
CHILD CUSTODY PROTECTION ACT: HEARING ON H.R. 1755 BEFORE THE SUBCOMMITTEE ON THE
CONSTITUTION OF THE HOUSE COMMITTEE ON THE JUDICIARY, 108th Cong., 2d Session 817
(2004)
Exporting the Constitution
53 EMORY LAW JOURNAL 171 (2004)
Should Un-American Foreign Judgments Be Enforced?
88 MINNESOTA LAW REVIEW 783(2004)
Do Codification and Private International Law Leave Room for a New Law Merchant? (invited
symposium contribution)
5 CHICAGO JOURNAL OF INTERNATIONAL LAW 83 (2004)
Searching for the Peaceable Kingdom (review of CAROL WEISBROD, EMBLEMS OF PLURALISM:
CULTURAL DIFFERENCES AND THE LAW)
21 CONSTITUTIONAL COMMENTARY 611 (2004)
Establishment, Expressivism, and Federalism (symposium contribution)
78 CHICAGO -KENT LAW REVIEW 669 (2003)
Extraterritoriality and Political Heterogeneity in American Federalism
150 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 856 (2002)
Resume of Mark D. Rosen, 4 of 7 pages
The Radical Possibility of Limited Community-Based Interpretation of the Constitution
43 WILLIAM & MARY LAW REVIEW 927 (2002)
Illiberal Communities, Liberalism, and American Constitutionalism (symposium)
12 JOURNAL OF CONTEMPORARY LEGAL ISSUES 803 (2002)
Multiple Authoritative Interpreters of Quasi-Constitutional Federal Law: Of Tribal Courts and the Indian
Civil Rights Act
69 FORDHAM LAW REVIEW 479 (2000)
Nonformalistic Law in Time and Space (invited symposium contribution)
66 UNIVERSITY OF CHICAGO LAW REVIEW 622 (1999)
Our Nonuniform Constitution: Geographical Variations of Constitutional Requirements in the Aid of Community
77 TEXAS LAW REVIEW 1129 (1999)
The Outer Limits of Community Self-Governance in Residential Associations, Municipalities and Indian Country: A Liberal
Theory
84 VIRGINIA LAW REVIEW 1053 (1998)
Rationalizing Product Liability for Prescription Drugs: Implied Preemption, Federal Common Law, and Other
Paths to Uniform Pharmaceutical Safety Standards (co-authored with David R. Geiger)
45 DE PAUL LAW REVIEW 395 (1996)
What Has Happened to the Common Law? Recent American Codifications, and their Impact on Judicial
Practice and the Law s Subsequent Development
1994 WISCONSIN LAW REVIEW 1119
Defrocking the Courts: Resolving Cases or Controversies, Not Announcing Transcendental Truths (symposium)
17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 715 (1994)
How Communal are Reasonable People? Book Note (review of Stephen Macedo, Liberal Virtues:
Citizenship, Virtue and Community in Liberal Constitutionalism)
104 HARVARD LAW REVIEW 1943 (1991)
Case Comment (review and analysis of EEOC v. Arabian American Oil Co., 111 S. Ct. 1227 (1991))
105 HARVARD LAW REVIEW 369 (1991)
SPEAKING ENGAGEMENTS
Delivered talk ( Why (and to what extent) Political Liberalism Should Accommodate Religious
Perfectionists ), John Cabot University, Rome, Italy (December 17, 2010)
Delivered talk ( Republican Legitimacy and Tempered Politics ) at Loyola University (Chicago),
(November 5, 2010)
Delivered talk ( Religious Education in a Democratic State ), Bar-Ilan University School of Law,
Israel (June 7, 2010)
Resume of Mark D. Rosen, 5 of 7 pages
Delivered Talk ( Congress Primary Role in Determining What Full Faith and Credit Requires ),
California Western Law School (March 19, 2010)
Delivered talk ( Democratic Integrity and Tempered Politics ), Loyola University Los Angeles
(March 11, 2010)
Delivered talk ( Democratic Integrity and Tempered Politics ), University of Illinois at Chicago
(October 21, 2009)
Delivered talk ( What the Constitution Does, and Does Not Do ), Chicago-Kent College of Law
(September 16, 2009)
Delivered talk ( From Exclusivity to Concurrence ), Columbia University School of Law
(November 24, 2008)
Delivered talk ( From Exclusivity to Concurrence ), Brooklyn Law School (November 20, 2008)
Delivered talk ( From Exclusivity to Concurrence ), Chicago Bar Association, Civil Rights Section
(November 14, 2008)
Delivered talk (Crawford and Voting Rights), American Constitutional Society, Chicago chapter
(October 28, 2008)
Delivered talk ( From Exclusivity to Concurrence ), Chicago-Kent College of Law, (September 17,
2008)
Delivered comments at conference, ( Contextualizing Preemption ), Northwestern University
School of Law, (April 5, 2007)
Delivered talk ( Congress and the Commander-in-Chief: The Coordinacy Theory), Southwestern
University School of Law (March 15, 2007)
Delivered talk ( Congress and the Commander-in-Chief: The Coordinacy Theory ), University of
California at Los Angeles School of Law (February 2, 2007)
Delivered talk ( Was Shelley v. Kraemer Incorrectly Decided? ), Northwestern University School of
Law (October 24, 2006)
Delivered talk, ( Hard or Soft Pluralism? Positive, Normative, and Institutional Considerations of
States Extraterritorial Powers ), St. Louis University School of Law (October 13, 2006)
Delivered talk ( A Critique of the Hamdan Decision ), Chicago-Kent College of Law (October 5,
2006)
Delivered talk ( 2006 Supreme Court Roundup ), American Constitution Society, Chicago, Illinois
(July 13, 2006)
Delivered talk ( Congressional Power and the Commander-in-Chief: A Suggested Approach ),
Chicago-Kent College of Law (March 22, 2006)
Delivered talk ( Exercising Political Power over Others: A Perspective from Jewish Law ) at
Resume of Mark D. Rosen, 6 of 7 pages
national meeting of the Association of American Law Schools, Washington, D.C. (January 5, 2006)
Delivered talk ( Was Shelley v. Kraemer Correctly Decided? Some New Answers ) at national
meeting of the Association of American Law Schools, Washington, D.C. (January 5, 2006)
Delivered talk ( Was Shelley v. Kraemer Correctly Decided? Some New Answers ) at the
University of Minnesota Law School (September 22, 2005)
Delivered talk ( 2005 Supreme Court Roundup ), American Constitution Society, Chicago, Illinois
(July 1, 2005)
Delivered talk ( The Surprisingly Strong Case for Tailoring Constitutional Principles ) at the
University of Pennsylvania School of Law (February 7, 2005)
Delivered talk ( Institutional Context in Constitutional Law ) at symposium on Local Government
Law at the University of Virginia School of Law (January 28-29, 2005)
Delivered talk ( The Surprisingly Strong Case for Tailoring Constitutional Principles ) at the
William & Mary School of Law (September 21, 2004)
Delivered talk before the Civil Rights Committee of the Anti-Defamation League ( 2004 Supreme
Court Review ) (July 21, 2004)
Testified before the House of Representatives, Subcommittee on the Constitution, Committee on
the Judiciary, concerning the constitutionality of H.R. 1755 (July 20, 2004)
Delivered talk ( Why the DOMA is Not (Yet) Unconstitutional: Lawrence, Full Faith and Credit,
and the Many Societal Actors That Determine What the Constitution Requires ) as part of
symposium at the Catholic University School of Law (May 20, 2004)
Delivered talks ( Was Shelley v. Kraemer Wrongly Decided? -- Four Answers ), at Law and Society
Conference (May 28, 2004) and Chicago-Kent College of Law (March 2, 2004)
Delivered talks before the Decalogue Society, December 17, 2003 and the Jewish Law Section of
the AALS, January 5, 2004 (War and Jewish Law)
Commentator at symposium on The Empirical and Theoretical Underpinnings of the Law
Merchant, The University of Chicago School of Law, October 17, 2003
American Constitution Society, 2003 Supreme Court Preview, Panelist, October 7, 2003
Delivered talk before the Civil Rights Committee of the Anti-Defamation League, August 26, 2003
( Roundup of Recent Supreme Court Decisions )
Delivered talk at the University of Illinois College of Law, March 6, 2003 ( The Surprisingly Strong
Case for Sizing Constitutional Guarantees )
Delivered Talk at the Northwestern University School of Law, November 26, 2002 ( Un-American
Foreign Judgments, the Constitution, and the Hague Convention on Private International Law )
Delivered talk at the University of Chicago School of Law, November 25, 2002 ( Un-American
Resume of Mark D. Rosen, 7 of 7 pages
Foreign Judgments, the Constitution, and the Hague Convention on Private International Law )
Delivered Talk at the Indian University School of Law, November 7, 2002 ( Sizing the
Constitution )
Delivered Talk at the St. Louis University School of Law ( Sizing the Constitution ), October 16,
2002
Delivered Talk ( Expressivism, Establishment, and Federalism ) as part of symposium, Chicago-
Kent College of Law, September 17, 2002
Delivered Talk ( Exporting the Constitution: Foreign Judgments and the First Amendment ),
University of Chicago Law School, February 21, 2002
Delivered Talk ("Extraterritoriality and Political Heterogeneity in American Federalism"),
University of Texas School of Law, March 9, 2001
Delivered Talk ("Extraterritoriality and Political Heterogeneity in American Federalism"),
Marquette University School of Law, February 29, 2001
Delivered Talk ("The Possibility of Limited Community-Based Interpretation of the Constitution")
as part of symposium, University of San Diego School of Law, February 1, 2001
Panelist on forum concerning Bush-Gore Litigation, Chicago-Kent College of Law, (televised),
December 1, 2000
Panelist on Newsmakers, "Zero Tolerance Policies," (televised), October 12, 2000
Delivered Talk ("Multiple Authoritative Interpreters of Quasi-Constitutional Federal Law"),
Georgetown University School of Law, March 7, 2000
Commentator, An Originalism for non-Originalists, Chicago-Kent College of Law, November 1,
1999
Commentator, Formalism Revisited, The University of Chicago Law School, February 5, 1999
REFERENCES AVAILABLE UPON REQUEST
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