Search Faculty Publications

MARTIN H. REDISH

2024

Books

• Due Process as American Democracy (2024).

Op-Eds/Blog Posts/Popular Press

• The Supreme Court Can’t Punt on Trump’s Disqualification Without Threatening the Constitution, The Hill (Jan. 29, 2024).

2023

Articles

• Adversary Democratic Due Process, 75 Florida Law Review 483 (2023) (Co-authored by: Victor Hiltner).

Working Papers

• The Unitary Executive in the Age of American Authoritarianism, Northwestern Public Law Research Paper No. 23-40 (2023) (Co-authored by: David Epstein).

• Cutting the Gordian Knot: Viewing Legislative Courts Through the Lens of Due Process, ___ Indiana Law Journal ___ (forthcoming), Northwestern Public Law Research Paper No. 23-23, Northwestern Law & Econ Research Paper No. 23-07 (2023) (Co-authored by: Austin Piatt).

2021

Books

• Commercial Speech as Free Expression: The Case for First Amendment Protection (2021).

Articles

• Constitutional Remedies as Constitutional Law, 62 Boston College Law Review 1865 (2021).

• Federal Jurisdiction as Statutory Interpretation: A Majordomo Purposivist Perspective, 74 SMU Law Review 303 (2021) (Co-authored by: Andrew F. Rodheim & Nicholas Roosevelt).

2020

Articles

• The Liberal Case Against the Modern Class Action, 73 Vanderbilt Law Review 1127 (2020).

• Resolving the First Amendment's Civil War: Political Fraud and the Democratic Goals of Free Expression, 62 Arizona Law Review 451 (2020) (Co-authored by: Julio Pereyra).

• Pragmatic Formalism, Separation of Powers, and the Need to Revisit the Nondelegation Doctrine, 51 Loyola University Chicago Law Journal 363 (2019).

2019

Articles

• The Underused and Overused Privileges and Immunities Clause, 99 Boston University Law Review 1535 (2019) (Co-authored by: Brandon Johnson).

• Compelled Commercial Speech and the First Amendment, 94 Notre Dame Law Review 1749 (2019).

• Due Process, Free Expression, and the Administrative State, 94 Notre Dame Law Review 297 (2018) (Co-authored by: Kristen McCall).

• Discovery Cost Allocation, Due Process, and the Constitution’s Role in Civil Litigation, 71 Vanderbilt Law Review 1847 (2018).

Op-Eds/Blog Posts/Popular Press

• The President's Pardon Power May Be Weaker Than It Seems, New York Times (Dec. 5, 2019).

2017

Articles

• Terrorizing Advocacy and the First Amendment: Free Expression and the Fallacy of Mutual Exclusivity, 86 Fordham Law Review 565 (2017) (Co-authored by: Matthew Fisher).

• False Commercial Speech and the First Amendment: Understanding the Implications of the Equivalency Principle, 25 William & Mary Bill of Rights Journal 765 (2017) (Co-authored by: Kyle Voils).

• Terrorizing Advocacy and the First Amendment: Free Expression and the Fallacy of Mutual Exclusivity, Northwestern Public Law Research Paper No. 17-16, Fordham Law Review (forthcoming 2017).

• The Wandering Doctrine of Constitutional Fact, 59 Arizona Law Review 289 (2017) (Co-authored by: William D. Gohl).

Op-Eds/Blog Posts/Popular Press

• Why Trump Can't Pardon Arpaio, New York Times (Aug. 24, 2017).

• Trump Is Not Above the Courts, New York Times (Mar. 16, 2017).

2016

Articles

• The Wandering Doctrine of Constitutional Fact, Northwestern Law & Economics Research Paper No. 16-13 (2016).

• Premodern Constitutionalism, 57 William and Mary Law Review 1825 (2016) (Co-authored by: Matthew Heins).

Working Papers

• The Wandering Doctrine of Constitutional Fact, Northwestern Law & Economics Research Paper No. 16-13 (2016) (Co-authored by: William Gohl).

2015

Articles

• Fear, Loathing, and the First Amendment: Optimistic Skepticism and the Theory of Free Expression, 76 Ohio State Law Journal 691 (2015).

• The Right of Publicity and the First Amendment in the Modern Age of Commercial Speech, 56 William and Mary Law Review 1443 (2015).

• One Size Doesn't Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism, 95 Boston University Law Review 109 (2015) (Co-authored by: Julie M. Karaba).

• Rethinking the Theory of the Class Action: The Risks and Rewards of Capitalistic Socialism in the Litigation Process, 64 Emory Law Journal 451 (2014).

2014

Articles

• The Real Constitutional Problem with State Judicial Selection: Due Process, Judicial Retention, and the Dangers of Popular Constitutionalism, 56 William & Mary Law Review 1 (2014) (Co-authored by: Jennifer Aronoff).

• Litigating Article III Standing: A Proposed Solution to the Serious (but Unrecognized) Separation of Powers Problem, 162 University of Pennsylvania Law Review 1373-1417 (2014) (Co-authored by: Sopan Joshi).

• Avoiding Death By a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action, 99 Iowa Law Review 1659-1690 (2014) (Co-authored by: Megan B. Kiernan).

Working Papers

• The Real Constitutional Problem With State Judicial Selection: Due Process Judicial Retention and the Dangers of Popular Constitutionalism (Co-authored by: Jennifer Aronoff).

2013

Books

• The Adversary First Amendment: Free Expression and the Foundations Of American Democracy (Stanford Law Books 2013).

• Civil Procedure: A Modern Approach, 6th edition (West 2013) (Co-authored by: James E. Pfander, Richard L. Marcus, and Edward F. Sherman).

Contributions to Books

• The Allocation of Discovery Costs and the Foundations of Modern Procedure, in The American Illness: Essays on the Rule of Law 201-210 (F.H. Buckley ed. 2013).

Working Papers

• Litigating Article III Standing: A Proposed Solution to the Serious (But Unrecognized) Separation-of-Powers Problem (Co-authored by: Sopan Joshi).

• Avoiding Death by a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action.

2012

Articles

• Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative, 64 Florida Law Review 1485-1537 (2012) (Co-authored by: Matthew B. Arnould).

• Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure, 64 Florida Law Review 845 (2012).

• “Worse Than the Disease”: The Anti-Corruption Principle, Free Expression, and the Democratic Process, 20 William & Mary Bill of Rights Journal 1053-1084 (2012) (Co-authored by: Elana Nightingale Dawson).

Working Papers

• Constitutional Adjudication, Free Expression and the Fashionable Art of Corporation-Bashing (Co-authored by: Peter B. Siegal).

2011

Books

• Federal Courts: Cases, Comments and Questions, 7th edition (West 2012) (Co-authored by: James E. Pfander, and Suzanna Sherry).

Articles

• Off-Label Prescription Advertising, the FDA and the First Amendment: A Study in the Values of Commercial Speech Protection, 37 American Journal of Law & Medicine 315-357 (2011) (Co-authored by: Coleen Klasmeier).

2010

Articles

• Habeas Corpus, Due Process and the Suspension Clause: A Study in the Foundations of American Constitutionalism , 96 Virginia Law Review 1361-1416 (2010) (Co-authored by: Colleen McNamara ).

• Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis, 62 Florida Law Review 617-666 (2010) (Co-authored by: Peter Julian, and Samantha Zyontz).

2009

Books

• Civil Procedure: A Modern Approach, 5th edition (West 2009) (Co-authored by: James E. Pfander, Richard L. Marcus, and Edward F. Sherman ).

• Wholesale Justice: Constitutional Democracy And The Problem Of The Class Action Lawsuit (Stanford University Press 2009).

Articles

• Taylor v. Sturgell, Procedural Due Process, and the Day-in-Court Ideal: Resolving the Virtual Representation Dilemma , 84 Dame Law Review 1877-1918 (2009) (Co-authored by: William J. Katt ).

• Understanding Post’s and Meiklejohn’s Mistakes: The Central Role of Adversary Democracy in the Theory of Free Expression , 103 Northwestern University Law Review 1303-1370 (2009) (Co-authored by: Abby Marie Mollen ).

2008

Articles

• Commercial Speech, First Amendment Intuitionism and the Twilight Zone of Viewpoint Discrimination , 41 Loyola Los Angeles Law Review 67 (2007).

• The Class Action as Political Theory , 85 Washington University Law Review 753-813 (2007) (Co-authored by: Clifford W. Berlow).

• The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation, 93 Minnesota Law Review (Co-authored by: Dennis Murashko).

• Class Actions, Litigant Autonomy, and the Foundations of Procedural Due Process, 95 California Law Review 1573-1618 (2007) (Co-authored by: Nathan D. Larsen ).

2007

Articles

• Corporations and Political Speech: Should Speech Equal Money?, 30 Seattle University Law Review 931-958 (2007) (Co-authored by: David Skover, Lisa Danetz, and Scott Thomas ).

• Bankruptcy, Sovereign Immunity and the Dilemma of Principled Decision Making: The Curious Case of Central Virginia Community College v. Katz , 15 American Bankruptcy Institute Law Review 13-57 (2007) (Co-authored by: Daniel M. Greenfield).

2006

Books

• Summary Judgment: Federal Law And Practice, 3rd edition (Thomson West 2006) (Co-authored by: Edward Brunet).

Articles

• Good Behavior, Judicial Independence, and the Foundations of American Constitutionalism , 116 Yale Law Journal 139 (2006).

• The Supreme Court, the Rules Enabling Act, and the Politicization of the Federal Rules: Constitutional and Statutory Implications, 90 Minnesota Law Review 1303-1336 (2006) (Co-authored by: Uma M. Amuluru).

• Settlement Class Actions, the Case-or-Controversy Requirement, and the Nature of the Adjudicatory Process, 73 University of Chicago Law Review (2006) (Co-authored by: Andrianna Kastanek).

• Legislative Deception, Separation of Powers, and the Democratic Process: Harnessing the Political Theory of United States v. Klein, 100 Northwestern University Law Review 437-464 (2006) (Co-authored by: Christopher R. Pudelski).

2005

Books

• Civil Procedure: A Modern Approach, 4th ed. (Thomson West 2005) (Co-authored by: Richard L. Marcus, and Edward F. Sherman).

• The Logic of Persecution: Free Expression and the Mccarthy Era (Stanford University Press 2005).

Articles

• Same-Sex Marriage, the Constitution, and Congressional Power to Control Federal Jurisdiction: Be Careful What You Wish For, 9 Lewis & Clark Law Review 363-380 (2005).

• Summary Judgment and the Vanishing Trial: Implications of the Litigation Matrix, 57 Stanford Law Review 1329-1359 (2005).

• Class Actions and the Democratic Difficulty: Rethinking the Intersection of Private Litigation and Public Goals, 2003 University of Chicago Legal Forum 71-139.

• Unlawful Advocacy and Free Speech Theory: Rethinking the Lessons of the McCarthy Era, 73 University of Cincinnati Law Review 9-94 (2004).

2004

Articles

• Why Punitive Damages are Unconstitutional, 53 Emory Law Journal 1-53 (2004) (Co-authored by: Andrew L. Mathews).

2003

Books

• Federal Courts: Cases, Comments and Questions, 5th ed. (West Group 2002).

2002

Books

• Constitutional Law: Principles and Policy, 6th edition (LexisNexis 2002) (Co-authored by: Jerome A. Barron, C. Thomas Dienes, and Wayne McCormack).

Articles

• What Did You Learn in School Today? Free Speech, Values Inculcation, and the Democratic-Educational Paradox, 88 Cornell Law Review 62-118 (2002) (Co-authored by: Kevin Finnerty).

• The Adversary System, Democratic Theory, and the Constitutional Role of Self-Interest: The Tobacco Wars, 1953-1971, 51 Depaul Law Review 359-406 (2001).

• Electronic Discovery and the Litigation Matrix, 51 Duke Law Journal 561-628 (2001).

2001

Books

• Money Talks: Speech, Economic Power, and the Values of Democracy (New York University Press 2001) .

Articles

• Martin H. Redish, Christopher R. McFadden are the co-authors for HUAC, the Hollywood Ten, and the First Amendment Right of Non-Association, 85 Minnesota Law Review 1669-1728 (2001) (Co-authored by: Christopher R. McFadden) .

• Free Speech and the Flawed Postulates of Campaign Finance Reform, 3 University of Pennsylvania Journal of Constitutional Law 783-818 (2001) .

2000

Books

• Summary Judgment: Federal Law and Practice, 2nd ed. (West Group 2000) (Co-authored by: Edward Brunet, and Michael A. Reiter).

Articles

• Intersystemic Redundancy and Federal Court Power: Proposing a Zero Tolerance Solution to the Duplicative Litigation Problem, 75 Notre Dame Law Review 1347-1376 (2000) .

1999

Books

• Federal Courts: Cases Comments, and Questions, 4th ed. (West Group 1998) (Co-authored by: Suzanna Sherry).

• Understanding Federal Courts and Jurisdiction (Matthew Bender 1998) (Co-authored by: Linda Mullenix and Georgene Vairo).

Articles

• The Right of Expressive Access in First Amendment Theory: Redistributive Values and Democratic Dilemma, 93 Northwestern University Law Review 1083-1134 (1999) (Co-authored by: Kirk J. Kaludis).

• What's Good for General Motors: Corporate Speech and the Theory of Free Expression, 66 George Washington Law Review 235-297 (1998) (Co-authored by: Howard M. Wasserman).

1995

Books

• The Constitution As Political Structure (Oxford University Press 1995).