Faculty - University of Virginia School of Law

CONTACT
adh3m@virginia.edu
(434) 924-3097
Room WB362A

ASSISTANT
Valerie Listorti

SUBJECTS
Constitutional law, constitutional history, jurisprudence, Supreme Court, redistricting, comparative law, comparative constitutional law

A. E. Dick Howard

White Burkett Miller Professor of Law and Public Affairs
LL.B., University of Virginia School of Law, 1961
M.A., Oxford University, 1965
B.A., Oxford University, 1961
B.A., University of Richmond, 1954

Widely acknowledged as an expert in the fields of constitutional law, comparative constitutionalism, and the Supreme Court, A. E. Dick Howard is the White Burkett Miller Professor of Law and Public Affairs at the University of Virginia. Born and raised in Richmond, Virginia, Professor Howard is a graduate of the University of Richmond and received his law degree from the University of Virginia. He was a Rhodes Scholar at Oxford University, where he read philosophy, politics, and economics. After graduating from law school, he was a law clerk to Justice Hugo L. Black of the Supreme Court of the United States.

Active in public affairs, Professor Howard was executive director of the commission that wrote Virginia's current constitution and directed the successful referendum campaign for its ratification. He has been counsel to the General Assembly of Virginia and a consultant to state and federal bodies, including the U.S. Senate Judiciary Committee. From 1982 to 1986 he served as counselor to the Governor of Virginia, and he chaired Virginia's Commission on the Bicentennial of the United States Constitution.

Professor Howard has been twice a fellow of the Woodrow Wilson International Center for Scholars, in Washington, D.C. He has served as president of the Virginia Academy of Laureates and has received the University of Virginia's Distinguished Professor Award for excellence in teaching. James Madison University, the University of Richmond, Campbell University, the College of William and Mary, and, in 2000, Wake Forest University have conferred upon him the honorary degree of Doctor of Laws. In the fall of 2001, he was the first Distinguished Visiting Scholar in Residence at Rhodes House, Oxford.

Professor Howard is the author of a number of books, articles, and monographs. These include The Road from Runnymede: Magna Carta and Constitutionalism in America and Commentaries on the Constitution of Virginia, which won a Phi Beta Kappa prize. More recent works include Democracy's Dawn and Constitution-making in Eastern Europe.

Professor Howard has briefed and argued cases before state and federal courts, including the Supreme Court of the United States. He is a regular guest on television news programs; during the Senate Judiciary Committee's hearings on the nomination of Robert Bork to the Supreme Court, Professor Howard provided gavel-to-gavel coverage for the “McNeil-Lehrer News Program.” He also interviewed the justices for the film being shown to visitors to the Supreme Court's building in Washington.

Often consulted by constitutional draftsmen in other states and abroad, Professor Howard has compared notes with revisers at work on new constitutions in Brazil, Hong Kong, the Philippines, Hungary, Czechoslovakia, Poland, Romania, Russia, Albania, Malawi, and South Africa. In 1996, the Union of Czech Lawyers, citing Professor Howard's promotion of the idea of a civil society in Central Europe, awarded him their Randa Medal—the first time this honor has been conferred upon anyone but a Czech citizen. In 2004, the Greater Richmond Chapter of the World Affairs Council conferred on him their George C. Marshall Award in International Law and Diplomacy.

In January 1994, Washingtonian magazine named Professor Howard as one of the most respected educators in the nation. In 2007, the Richmond Times-Dispatch and the Library of Virginia included Professor Howard on their list of the "greatest Virginians" of the 20th century.

Publications

Books:

Magna Carta: Text and Commentary (University Press of Virginia, rev. ed. 1998, 1997).

The Constitution in the Making: Perspectives of the Original Thirteen States (ed.) (National Center for State Courts, 1993).

Constitution Making in Eastern Europe (ed.) (Woodrow Wilson Center Press, 1993).

The United States Constitution: Roots, Rights, and Responsibilities (ed.) (Smithsonian Institution Press, 1992).

Virginia and the Constitution (ed. with Melvin I. Urofsky) (Virginia Commission on the Bicentennial of the United States Constitution, 1992).

Democracy's Dawn: A Directory of American Initiatives on Constitutionalism, Democracy, and the Rule of Law in Central and Eastern Europe (University Press of Virginia, 1991).

I'll See You in Court: The States and the Supreme Court (National Governors' Association Center for Policy Research, 1980).

State Aid to Private Higher Education (Michie, 1977).

Fair Trial and Free Expression: A Background Report Prepared for and Presented to the Subcommittee on Constitutional Rights (with Sanford A. Newman) (U.S. Congress. Senate Committee on the Judiciary. Committee print, 1976).

State Financial Measures Involving the Private Sector of Higher Education (with William H. McFarlane & Jay L. Chronister) (National Council of Independent Colleges and Universities, 1974).

Commentaries on the Constitution of Virginia, 2 vols. (University Press of Virginia, 1974).

Virginia Votes for a New Constitution (with Harry M. Bradley & Tim Finchem), 1 vol. (Virginia Western Community College, 1973).

Virginia's Urban Corridor: A Preliminary Inquiry (with Leigh E. Grosenick, Dennis W. Barnes & Jerry L. Mashaw) (University of Virginia Center for the Study of Science, Technology, and Public Policy, 1970).

The Virginia Lawyer: A Basic Practice Handbook (ed.), 1 vol. (Virginia State Bar Association, 1970).

The Constitution of Virginia: Report of the Commission on Constitutional Revision (executive director) (Michie, 1969).

The Road from Runnymede: Magna Carta and Constitutionalism in America (University Press of Virginia, 1968).

The Virginia Lawyer: A Basic Practice Handbook (ed.), 1 vol. (Virginia State Bar Association, 1966).

Criminal Justice in Our Time (ed.) (University Press of Virginia, 1965).

Magna Carta: Text and Commentary (University Press of Virginia, 1964).

Book Chapters/Multi-Author Works:

"The Six Constitutions of Virginia," in Anne Marie Morgan and A.R. "Pete" Giesen, eds., Governing Virginia (Boston, Mass, 2012).

“The Road from Monticello: The Influence of the American Constitutional Experience in Other Lands,” in Robert Fatton, Jr. & R. K. Ramazani, eds., Religion, State, and Society: Jefferson’s Wall of Separation in Comparative Perspective 73 (Palgrave Macmillan, 2009).

“The Constitutional Convention of 1787,” in Historians on America: Decisions That Made a Difference 9 (U.S. Department of State, Bureau of International Information Programs, 2007).

"Adopting a New Constitution: Lessons from Virginia," in G. Alan Tarr & Robert F. Williams, eds., State Constitutions for the Twenty-first Century: The Politics of State Constitutional Reform 73 (State University of New York Press, 2006).

“Willi Paul Adams and American Constitutionalism,” in Andreas Etges & Ursula Lehmkuhl, eds., Atlantic Passages: Constitution-Immigration-Internationalization: In Memoriam Willi Paul Adams 45 (Lit, 2006).

"Another 'Springtime of Nations'?: Rights in Central and Eastern Europe," in Robert Fatton Jr. & R.K. Ramazani, eds., The Future of Liberal Democracy: Thomas Jefferson and the Contemporary World 123 (Palgrave Macmillan, 2004). This paper was presented at a symposium, "Thomas Jefferson, Rights, and the Contemporary World," sponsored by Monticello's International Center for Jefferson Studies and the Rockefeller Study and Conference Center at Ballagio, Italy. The volume includes papers by, among others, Akbar Ahmed (former High Commissioner for Pakistan), Joyce Appleby (UCLA), Dame Rosalyn Higgins (London School of Economics), Stanley Hoffmann (Harvard), Lord Lester of Herne Hill (Liberal Democrat peer), Iain McLean (Oxford), Jack Rakove (Stanford), Ruhi Ramazani (Virginia), Alan Ryan (Oxford), Soli Sorabjee (Attorney General of India), Nadine Strossen (New York Law School), and Desmond Tutu (South African Nobel laureate).

"The Road to Constitutional Democracy" in G. O. Mazur, ed., One Hundred Year Commemoration of the Life of Hans Morgenthau, 1904-2004 204 (Semeneko Foundation, 2004). The volume includes chapters by, among others, Michael Walzer (Institute for Advanced Studies, Princeton), Richard Falk (Princeton), Eric Foner (Columbia), Robert Ferrell (Indiana), Roger Shinn (Union Theological Seminary), and Joseph Nye (Kennedy School of Government, Harvard).

“America’s Constitutional Culture,” in Knud Krakau & Franz Streng, eds., Konflikt der Rechskulturen? Die USA und Deutschland im Vergleich 9 (Heidelberg, 2003). This paper was the keynote address at a conference on “American and German Legal Cultures,” sponsored by the Bavarian-American Academy and the Goethe Institute in Munich. The conference papers were published by Heidelberg University. Among other papers in the volume are essays by Winfried Brugger (Heidelberg), Gunther Frankenberg (Frankfurt), Hanno Merkt (Max Planck Institute), Gotz Opitz (Salzburg Seminar), Berndt Ostendorf (Munich), Mathias Reimann (Michigan), Raimer-Olaf Schultz (Augsburg), and Emily Silverman (Max Planck Institute).

“Toward Constitutional Democracy in Iraq: An American Perspective,” Constitutionalism, Human Rights, and the Rule of Law: Joint Hearing Before the Subcommittee on Near Eastern and South Asian Affairs of the Senate Committee on Foreign Relations and the Subcommittee on the Constitution, Civil Rights, and Property Rights of the Senate Committee on the Judiciary (108th Congress, June 25, 2003).

“After Communism: Devolution in Central and Eastern Europe,” in Neil Colman McCabe, ed., Comparative Federalism in the Devolution Era 119 (Lexington Books, 2002).

“Constitutionalism and the Rule of Law in Central and Eastern Europe," in H-J Cremer et al, ed. Tradition und Weltoffenheit des Rechts: Festschrift für Helmut Steinberger 755 (Springer, 2002). This paper was written for presentation, along with other papers, at a Festschrift in honor of Helmut Steinberger, professor of law at Heidelberg and a former justice of Germany’s Federal Constitutional Court. The papers were presented at Heidelberg in January 2002. Among other contributors are Rudolf Bernhardt (former President of the European Court of Human Rights), Roger Errera (member of the French Counseil d’Etat), Jochen Frowein (Director of the Max Planck Institute of Comparative Public Law at Heidelberg), Paul Kirchhof (Heidelberg; former justice of the German Federal Constitutional Court), Peter-Christian Muller-Graff (dean of the law faculty at Heidelberg), and Rupert Scholz (Munich; chairman of the German Federal Diet’s Judiciary Committee).

“Judicial Independence in Post-Communist Central and Eastern Europe,” in Peter H. Russell & David M. O’Brien, eds., Judicial Independence in the Age of Democracy: Critical Perspectives from Around the World 89 (University of Virginia Press, 2002). This article was presented as a paper at the International Political Science Association in Boston.

“Burger Court,” in Leonard W. Levy & Kenneth L. Karst, ed., Encyclopedia of the American Constitution 272 (2d ed.; Macmillan, 2000).

“Influence of the American Constitution Abroad,” Id., 1363.

“Magna Carta.” Id., 1663.

“Constitutional Courts in Central and Eastern Europe.” in G. O. Mazur, Twenty-five Year Commemoration to the Life of Hans Kelsen 52 (Semenenko Foundation, 1999).

“Federalism,” in A.E. Dick Howard et al, The Bill of Rights, the Courts, and the Law 335 (University of Virginia Press; 3d ed., 1999).

“State Constitutions and State Bills of Rights” Id., 371.

“The Development of Constitutionalism in Poland,” in Richard F. Staar, ed., Transition to Democracy in Poland 133 (St. Martin’s Press, 2d ed. 1998).

State Constitutions,” in Leonard Levy & Kenneth Karst, Encyclopedia of the American Constitution (Supplement I, 1997).

"Introduction" to A. E. Dick Howard, ed., Constitution Making in Eastern Europe 1 (Woodrow Wilson Center Press, 1993).

"State Constitutions," in Leonard W. Levy et al., eds., Encyclopedia of the American Constitution: Supplement I, 511 (Macmillan, 1992).

"Virginia: Constitutionalism's Hourglass," in A.E. Dick Howard & Melvin I. Urofsky, eds., Virginia and the Constitution 11 (Virginia Commission on the Bicentennial of the United States Constitution, 1992).

"Bill of Rights," in Eric Foner & John A. Garraty, eds., The Reader's Companion to American History 97 (Houghton-Mifflin, 1991).

"The Constitutional Experiences: A Retrospective Analysis: Roundtable Discussion" (with others), in Kenneth W. Thompson & Rett R. Ludwikowski, eds., Constitutionalism and Human Rights: America, Poland, and France: A Bicentennial Colloquium at the Miller Center 101 (University Press of America, 1991).

"The Essence of Constitutionalism," in Kenneth W. Thompson & Rett R. Ludwikowski, eds., Constitutionalism and Human Rights: America, Poland, and France: A Bicentennial Colloquium at the Miller Center 3 (University Press of America, 1991).

"Human Rights: The Development of the Constitutional Framework and the Prospects for the Future: Roundtable Discussion" (with others), in Kenneth W. Thompson & Rett R. Ludwikowski, eds., Constitutionalism and Human Rights: America, Poland, and France: A Bicentennial Colloquium at the Miller Center 143 (University Press of America, 1991).

"The Constitution Today and Tomorrow," in John W. Elsberg, ed., Papers on the Constitution 169 (U.S. Army Center of Military History, 1990).

"Federalism," in Politics and the Constitution: The Nature and Extent of Interpretation 85 (National Legal Center for the Public Interest, 1990).

"Libertà di espressione, libertà dell-arte e il Primo Emendamento," in Guido Clemente di San Luca, ed., Tutela, promozione e libert… dell'arte in Italia e negli Stati Uniti 159 (Giuffrè, 1990).

"Protecting Human Rights in a Federal System," in Mark Tushnet, ed., Comparative Constitutional Federalism: Europe and America 115 (Greenwood Press, 1990).

"Rights and the Constitution: Judicial Protection of Social Rights in American Constitutional Law," in Guy Braibant & Gerard Marcou, eds., Les droits de l'homme: universalité et renouveau, 1789-1989 318 (Editions L'Harmattan, 1990). French version printed in 40 Revue Française de Science Politique 173 (1990).

"The Supreme Court and the Living Constitution," in Robert S. Peck, ed., To Govern a Changing Society: Constitutionalism and the Challenge of New Technology 21 (Smithsonian Institution Press, 1990).

"Burger Court (1969-1986)," in Leonard W. Levy et al., eds., 1 Encyclopedia of the American Constitution 176 (Macmillan, 1986). Reprinted in Leonard W. Levy et al., eds., American Constitutional History 313 (Macmillan, 1989).

"Federalism at the Bicentennial," in Harry N. Scheiber, ed., Federalism: Studies in History, Law, and Policy 3 (University of California at Berkeley Institute of Governmental Studies, 1988). Reprinted in 62 J. State Gov't 12 (1989).

"The Press in Court," in Philip S. Cook et al., eds., American Media: the Wilson Quarterly Reader 73 (Wilson Center Press, 1989).

"The Supreme Court and the Serpentine Wall," in Merrill D. Peterson & Robert C. Vaughan, eds., The Virginia Statute for Religious Freedom: Its Evolution and Consequences in American History 313 (Cambridge University Press, 1988).

"Foreword" to Rodger M. Payne, James Monroe and the Constitution: A Moderate Anti-Federalist vii (Ash Lawn-Highland, 1987).

"Church and State in America," in Ralph S. Pollock, ed., Renewing the Dream: National Archives Bicentennial '87 Lectures on Contemporary Constitutional Issues 3 (University Press of America, 1986).

"Magna Carta (1215)," in Leonard W. Levy et al, eds., 3 Encyclopedia of the American Constitution 1195 (Macmillan, 1986).

"State Constitutions: An Essential Part of the American Constitutional System," in Robert S. Peck & Ralph S. Pollock, eds., The Blessings of Liberty: Bicentennial Lectures at the National Archives 125 (American Bar Association, 1986).

"The Challenge of the Constitution's Bicentennial," in Charles J. White & Norman Gross, eds., The Bulwark of Freedom: Public Understanding of the Law 167 (American Bar Association, 1985).

"Federalism in the Courts," in Emerging Issues in American Federalism: Papers Prepared for ACIR's 25th Anniversary 27 (Advisory Commission on Intergovernmental Relations, 1985).

"Introduction: A Frequent Recurrence to Fundamental Principles," in Bradley D. McGraw, ed., Developments in State Constitutional Law xi (West, 1985).

"Constitutional Revision: Virginia and the Nation," 9 U. Rich. L. Rev. 1 (1974). Excerpts reprinted in Donald L. Robinson, ed., Reforming American Government: The Bicentennial Papers of the Committee on the Constitutional System 288-296 (Westview Press, 1985).

"James Madison and the Founding of the Republic," in Robert S. Alley, ed., James Madison on Religious Liberty 21 (Prometheus Books, 1985).

"Madison and the Republic," in Robert S. Alley, ed., James Madison on Religious Liberty 320 (Prometheus Books, 1985).

"The Supreme Court and the Establishment of Religion," in Robert S. Alley, ed., James Madison on Religious Liberty 279 (Prometheus Books, 1985).

"Up Against the Wall: The Uneasy Separation of Church and State," in Jaye B. Hensel, ed., Church, State and Politics 5 (Roscoe Pound-American Trial Lawyers Foundation, 1981). Reprinted in 38 Union Seminary Q. Rev. 361 (1984). Updated version published as "The Wall of Separation: The Supreme Court as Uncertain Stonemason," in James E. Wood, Jr., ed., Religion and the State: Essays in Honor of Leo Pfeffer 85 (Baylor University Press, 1985).

"From Mason to Modern Times: 200 Years of American Rights," in Josephine F. Pacheco, ed., The Legacy of George Mason 95 (Associated University Presses, 1984).

"Five Men in a Bar: Judicial Review in a Democratic Society," in Bette Goulet, ed., The Courts: Separation of Powers 5 (Roscoe Pound-American Trial Lawyers Foundation, 1983).

"The Burger Court and the First Amendment: Putting a Decade in Perspective: I. A Framework," in Bill F. Chamberlin & Charlene J. Brown, eds., The First Amendment Reconsidered: New Perspectives on the Meaning of Freedom of Speech and Press 129 (Longman, 1982).

"Judicial Federalism: The States and the Supreme Court," in Robert B. Hawkins, ed., American Federalism: A New Partnership for the Republic 215 (Institute for Contemporary Studies, 1982).

"The Supreme Court and Federalism," in The Courts, The Pendulum of Federalism 49 (Roscoe Pound-American Trial Lawyers Foundation, 1979).

"'For the common benefit': the Virginia Declaration of Rights of 1776," in The George Mason Lectures: Honoring the Two Hundredth Anniversary of the Virginia Declaration of Rights 11 (Colonial Williamsburg Foundation, 1976).

Statement in Advice and Consent on Supreme Court Nominations 18-27 (U.S. Congress. Senate Committee on the Judiciary. Committee print, 1976).

"Constitution of Virginia: Introduction," in George W. Jennings, ed., Virginia's Government 142 (Virginia State Chamber of Commerce, 1971).

Correspondence in Nonjudicial Activities of Supreme Court Justices and Other Federal Judges 264. U.S. Congress. Senate Committee on the Judiciary. Hearings, July 14-Sept. 30, 1969.

"Magna Carta: An American Tradition," in The Judicial Conference of Virginia: Seventeenth Session 58 (Virginia Supreme Court of Appeals, 1965).

Articles:

"The Virginia Constitution at 40," 39 Virginia Bar Association Journal 22 (Spring 2012).

"Now We are Six: The Emerging Roberts Court," 98 Va. L. Rev. In Brief 1-13 (2012).
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“A Traveler from an Antique Land: The Modern Renaissance of Comparative Constitutionalism,” 50 Va. J. Int’l L. 3 (2009).
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“The Bridge at Jamestown: The Virginia Charter of 1606 and Constitutionalism in the Modern World,” 42 U. Rich. L. Rev. 9 (2007).
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"Toward Constitutional Democracy in Iraq: An American Perspective," The American Oxonian, Vol. XCI, No. 4 (Fall 2005), p. 268.

"'To Say What the Law Is': The Supreme Court as Arbiter of Constitutionality," Issues of Democracy, Vol. 10, No. 1, p. 5 (April 2005). Special Issue on the Supreme Court. Issues of Democracy, published by the United States Department of State, appears both in print and as an electronic journal. The article is available in English, Arabic, Chinese, French, Portuguese, Russian, and Spanish.

"Toward Constitutional Democracy in Iraq: An American Perspective," The American Oxonian, Vol. XCI, No. 4 (Fall 2005), p. 268.

“America after September 11,” 4 The American Oxonian, Vol. LXXXIX, No. 4, 326 (2003). This article was adapted from an endowed lecture, the Robert B. Pamplin Lecture, given at Virginia Tech.

“Toward Constitutional Democracy: An American Perspective,” 19 J.L. & Pol. 285 (2003).
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“Constitutionalism and Democracy in Central and Eastern Europe.” An Occasional Paper of the Woodrow Wilson International Center for Scholars, Washington, D.C. (September 2000).

“Judicial Review: India and America,” in The Bar Association of India, Constitutional Agenda for the 21st Century 215 (New Delhi, 2000). This volume contains the published proceedings of “The Constitution Assembly,” held in New Delhi, December 19-22, 1999.

“After Communism: Devolution in Central and Eastern Europe,” 40 S. Tex. L. Rev. 661 (1999). Adapted from a paper given at a symposium, “International Comparative Federalism in the Devolution Era,” at South Texas College of Law.
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Remarks as participant in symposium, “Constitutional ‘Refolution’ in the Ex-Communist World: The Rule of Law,” 12 Am. U. J. Int'l L. & Pol'y 45 (1997).
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"The Indeterminacy of Constitutions," 31 Wake Forest L. Rev. 383 (1996).
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"Chief Enigma," ABA J., Oct. 1995, at 66-69.

"He Was Not What They Expected," Nat'l L. J., July 10, 1995, at A20.

"Constitutions and Constitutionalism in Central and Eastern Europe," CSCE ODIHR Bull., Winter 1994, at 1-8.

"Constitution-Making in Central and Eastern Europe," 28 Suffolk U. L. Rev. 5 (1994). "The Federal Model of the United States," 1 New Eur. L. Rev. 143 (1993).
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"How Ideas Travel: Rights at Home and Abroad," 22 Stetson L. Rev. 893 (1993). Also published, without footnotes, in A. E. Dick Howard, ed., Constitution Making in Eastern Europe 9 (Woodrow Wilson Center Press, 1993).
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"Pendulum Swung Widely in 15-Year Period: U.S. Saw Two Different Eras of Judicial Activism," Nat'l L. J., Nov. 29, 1993, at S8-S9.

"The Uses of Federalism: The American Experience," 8 Am. U. J. Int'l L. & Pol'y 389-412 (1993).
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"Drafting Constitutions for the New Democracies," Probs. Communism, Jan/Apr 1992, at 63-65.

"Learning to Use State Constitutions: Emerging Issues in State Constitutional Law," Trial Law Q., Fall 1992, at 30-43.

"The Brennan Legacy: A Roundtable Discussion" (with others), ABA J., Feb. 1991, at 52-61.

"How Ideas Travel: The Bill of Rights at Home and Abroad," NY St. B. J., Dec. 1991, at 6-10, 47.

"Liberty's Text: 10 Amendments That Changed the World," Wash. Post, Dec. 15, 1991, at C3.

"Legal Systems in Transition: New Directions for Eastern Europe: The Fourth Annual Federalist Society Lawyers Convention Symposium: Panel V: Federalism and Separativism: Responses to Cultural and Ethnic Diversity" (with others), 21 Cumb. L. Rev. 565 (1990-91).
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"Living with the Warren Legacy," ABA J., Oct. 1989, at 69-70.

"The Renaissance of State Constitutional Law," 1988 Emerging Issues St. Const. L. 1-15.

"A Constitutional Draftsman Examines Republican Government," Va. L. Sch. Rep., Fall 1987, at 28-30.

"Echoes from Runnymede: Magna Carta's American Legacy," Mass. L. Rev., Sept. 1987, at 33-35.

"The Federal Courts Since 1787: Stability and Change in 200 Years" (with others), 71 Judicature 116 (1987).
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"Federalism: The Linchpin of Liberty," State Legis., May-June 1987, at 22-25. Reprinted in Bruce Stinebrickner, ed., State and Local Government 26 (Annual Editions, 4th ed. 1989).

"Federalism Lives," Update on Law-Related Educ., Fall 1987, at 15-19, 49.

"James Madison and the Constitution," Richmond News-Leader, Mar. 13, 1987, at 14.

"The Law School and the Living Constitution," Va. L. Sch. Rep., Fall 1987, at 7-8.

"The Legacy of a Day in Runnymede Meadow," Richmond Times-Dispatch, Aug. 23, 1987, at F-1, F-3.

"The Legacy of Freedom: A Cause for Celebration in Virginia." U. Va. Alumni News, Jan./Feb. 1987, at 10-12.

"Making It Work," Wilson Q., Spring 1987, at 122-133.

"Our Litigious Society," 38 S.C. L. Rev. 365 (1987).
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"State Constitutions: Pillars of the Federal System," 17 This Const. 34 (1987).

"Virginia as a Testing Ground for American Constitutionalism," Va. B. News, Aug. 1987, at 11-14. Reprinted in Va. L. Wkly., Sept. 25, 1987, at 1, 3.

"The Constitution: Mirror of National Life," US News & World Rep., Dec. 29, 1986/Jan. 5, 1987, at 22.

"A Bicentennial of Religious Freedom," Va. L. Wkly., Sept. 12, 1986, at 1, 3.

"Garcia: Of Federalism and Constitutional Values," Publius, Summer 1986, at 17-31.

"Implications of Garcia for Federalism," Va. L. Sch. Rep., Winter 1986, at 7-10.

"Justice William H. Rehnquist: A Key Fighter in Major Battles," ABA J., June 15, 1986, at 47-49.

"The Renaissance of State Constitutional Law," 63 U. Va. Inst. Gov't News Letter 1 (1986).

"Celebrating the Constitution: A Symposium" (with Warren E. Burger, Lloyd N. Cutler, & Strom Thurmond), 17 Prologue 167 (1985).

"Federalism under Fire? With Luck, High-Court Justices Will See Error of Overtime Ruling," LA Daily J., Oct. 24, 1985, at 4.

"Garcia: Federalism's Principles Forgotten," Intergovernmental Persp., Spring/Summer 1985, at 12-14.

"Garcia and the Values of Federalism: On the Need for a Recurrence to Fundamental Principles," 19 Ga. L. Rev. 789 (1985).
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"James Madison and the Constitution," Wilson Q., Summer 1985, at 80-91. Excerpts reprinted as "The Legacy of James Madison," Va. Independent, Mar. 1987, at 1-2, 7.

"Religion Issues Remain as Perplexing as Ever," Nat'l L. J., Sept. 2, 1985, at S24.

"Why Celebrate the Constitution Today?" 17 Prologue 155 (1985). Reprinted in Robert S. Peck & Ralph S. Pollock, eds., The Blessings of Liberty: Bicentennial Lectures at the National Archives 1 (American Bar Association, 1986). Also reprinted in Juris, Spring 1987, at 17-23, and in Prologue 25th Anniversary Issue 169-175 (National Archives, 1994).

"The Constitution and Free Expression," Nat'l F., Fall 1984, at 41-43, 63.

Excerpts from "Virginia Task Force on ERA (1974)": analysis on "Prisons (right to privacy)," 2 The impact of the Equal Rights Amendment 152-158. U.S. Congress. Senate Committee on the Judiciary. Hearings, June 22-Sept. 19, 1984.

"'A Frequent Recurrence to Fundamental Principles': The Courts and Constitutional Change," This Constitution, Summer 1984, at 11-14.

"The Roots of American Constitutional Principles," 60 U. Va. Inst. Gov't News Letter 25-30 (1984).

"Tribute to Justice John Charles Thomas," 70 Va. L. Rev. 875 (1984).
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"The Constitution and the Commonwealth: Commemorating the 200th Anniversary of the U.S. Constitution in Virginia," 59 U. Va. Inst. Gov't News Letter 22 (1983).

"Key Appointment to Virginia Bench," Va. L. Sch. Rep., Summer 1983, at 6-8.

"The Press in Court," Wilson Q., special issue 1982, at 86-93.

"The Sexes and the Law," Wilson Q., Winter 1982, at 81-92.

"The States and the Supreme Court," 31 Cath. U. L. Rev. 375-438 (1982).
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"Foreword" to The Constitution of Virginia 1-5 (Commonwealth of Virginia, 1981).

"A Litigation Society?" Wilson Q., Summer 1981, at 98-109. Excerpts reprinted in Va. L. Sch. Rep., Spring 1982, at 22-24.

"The Burger Court: A Judicial Nonet Plays the Enigma Variations," 43 Law & Contemp. Probs., 7 (1980).
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"Pragmatism, Compromise Marks Court," Nat'l L. J., Feb. 18, 1980, at 17.

"Bakke Divides the Court," Va. L. Wkly., Jan. 26, 1979, at 1-2, 4.

"The Road from Brown," Wilson Q., Spring 1979, at 96-107.

"After Bakke: Where Next for Affirmative Action?" Va. L. Sch. Rep., Fall 1978, at 8-10.

"The Supreme Court and Modern Lifestyles," Wilson Q., Spring 1978, at 55-66.

"'Nixon Court' Charts Its Own Course," Va. L. Wkly., Apr. 22, 1977, at 1, 3-4.

"From Warren to Burger: Activism and Restraint," Wilson Q., Spring 1977, at 109-121.

"The High Court's Road in the Bakke Case: It Will Be Strewn with Issues of Race, Merit, Group Rivalry, the Limits of the Judicial Role," Wash. Post, Oct. 9, 1977, at C1-C2.

"New Paths for State Courts," Wash. Post, Aug. 22, 1976, at C2. Reprinted in Va. L. Wkly., Jan. 28, 1977, at 1, 3-4, and Feb. 4, 1977, at 1, 3.

"State Courts and Constitutional Rights in the Day of the Burger Court," 62 Va. L. Rev. 873 (1976). Reprinted in The George Mason Lectures: Honoring the Two Hundredth Anniversary of the Virginia Declaration of Rights 873 (Colonial Williamsburg Foundation, 1976).
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"States Seek Sex Equality without ERA," Va. L. Wkly., Dec. 12, 1975, at 1-2, 4. Reprinted in 28 Va. L. Wkly. Dicta 268-277 (1975-76).

"State Aid for Virginia's Private Colleges?" (with W. H. McFarlane and Jay L. Chronister), 2 J. L. & Educ. 593 (1973).
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"Mr. Justice Powell," Commonwealth, Mar. 1972, at 21-24.

"Mr. Justice Powell and the Emerging Nixon Majority," 70 Mich. L. Rev. 445 (1972).
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"State Constitutions and the Environment," 58 Va. L. Rev. 193 (1972).
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"Conservation and the Constitution," Va. Outdoors, Mar. 1971, at 1, 5.

"Education and Virginia's New Constitution," Va. J. Educ., May 1971, at 10-12.

"Education in Virginia's New Constitution," Compact, Apr. 1971, at 17.

"How Virginia Won Where Others Lost," Norfolk Virginian-Pilot, July 4, 1971, at C1, C7.

"Howard Finds Progress in Foreword for Series," Va. L. Wkly., June 4, 1971. Reprinted in 22 Va. L. Wkly. Dicta xv-xx (1970-71).

"Hugo Black: A Giant of the Supreme Court," Richmond Times-Dispatch, Sept. 28, 1971, at A14.

"Now Virginia's Up to Date," Wash. Post, June 27, 1971, at B2.

"The Constitution: State Document Is Blend of Innovation, Continuity," Richmond Times Dispatch, June 27, 1971, at F1, F3.

"Evaluation: A Constitution Responds to the Needs of the People," Richmond News Leader, Oct. 30, 1970, at 14.

"General Obligation Bonds Are an Investment in Future," Richmond News Leader, Oct. 28, 1970, at 10.

"Goodbye Mr. Chips: Student Participation in Law School Decision-Making," 56 Va. L. Rev. 895 (1970).
HeinOnline (PDF)

"Hardy Dillard: Life upon the Wicked Stage," 56 Va. L. Rev. 10 (1970).
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"The Heritage of Constitutional Revision in the State of Virginia," Richmond News Leader, Oct. 19, 1970, at 12.

"Howard Contributes Introduction to Series," Va. L. Wkly., Sept. 18, 1970, at 1-2. Reprinted in 22 Va. L. Wkly. Dicta xxi-xxiv (1970-71).

"Local People Would Be Assured of Local Control in New Constitution," Richmond News Leader, Oct. 27, 1970, at 14.

"New Constitution Would Better Define Doctrine of Power Separation," Richmond News Leader, Oct. 23, 1970, at 12.

"Our Constitution Needs to Be Briefer, Clearer," Richmond News Leader, Oct. 21, 1970, at 12.

"Proposed Constitution Would Lower Interest Rates and Save Money," Richmond News Leader, Oct. 29, 1970, at 18.

"Revised Constitution Would Improve Education," Richmond News Leader, Oct. 24, 1970, at 12.

"Revised Constitution Would Protect Rights of Virginia's Voters," Richmond News Leader, Oct. 22, 1970, at 12.

"Revision by Amendment Guarantees Voters Last Word in Changes," Richmond News Leader, Oct. 20, 1970, at 18.

"So That It May Be Handed on with Periodic Repairs . . .; The Need for Constitutional Reform," Commonwealth, Oct. 1970, at 23-26.

"Constitutional Revision — Virginia's approach," 72 W. Va. L. Rev. 41 (1969-70).
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"Legislature Tempers Virginia's Constitution," Wash. Post, May 11, 1969, at B3.

"Introduction," 20 Va. L. Wkly. Dicta x-xiv (1968-69).

"The Virginia Effort, Part One: A Summary," Va. L. Wkly., May 1, 1969, at 1-4. Reprinted in 20 Va. L. Wkly. Dicta 113-119 (1968-69).

"The Virginia Effort, Part Two: An Analysis," Va. L. Wkly., May 8, 1969, at 1-2. Reprinted in 20 Va. L. Wkly. Dicta 120-122 (1968-69).

"Mr. Justice Black: The Negro Protest Movement and the Rule of Law," 53 Va. L. Rev. 1030 (1967).
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"On Writing about the Supreme Court," 22 Reading Guide 49 (1967).

"For the Common Benefit: Constitutional History in Virginia as a Casebook for the Modern Constitution-Maker," 54 Va. L. Rev. 816 (1968). Reprinted in State Constitutional Revision xi-xii, 1 (Virginia Law Review Association, 1968). Excerpts reprinted in Weldon Cooper & Thomas R. Morris, eds., Virginia Government and Politics: Readings and Comments 47 (University Press of Virginia, 1976). Excerpts also reprinted in 2d ed. (1984) at 11-15; and 3d ed. (1990) at 14-18.
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"The Warren Court: Myth and Reality," Am. Oxonian, Jan. 1968, at 7-13.

"Howard Weighs Validity of Open Land Proposals," Va. L. Wkly., Feb. 10, 1966, at 1-2, 5-6. Reprinted in 17 Va. L. Wkly. Dicta 32-38 (1965-66).

"Magna Carta Celebrates Its 750th Year," 51 ABA J. 529 (1965).

Book Reviews:

Review of Bruce Ackerman, We the People: Transformations, Wash. Post Book World, May 3, 1998.

Review of Ed Cray, Chief Justice: A Biography of Earl Warren, Wash. Post Book World, June 15, 1997.

"Keeping Score on the Highest Court," review of Irons, Brennan vs. Rehnquist, Wash. Post Book World, Jan. 8, 1995, at 11.

Review of Bowen, Miracle at Philadelphia, Richmond Times-Dispatch, Feb. 12, 1967, at F9.

Review of Strickland, Hugo Black and the Supreme Court, 53 Va. L. Rev. 1660 (1967).

Review of Warren, Earl Warren: A Political Biography, Richmond Times-Dispatch, Aug. 20, 1967, at F9.

Review of Miller, The Case for Liberty, 21 Reading Guide 39 (1966).

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