Associate Professor of Law
J.D., University of Virginia School of Law, 2000
B.A., Macalester College, 1997
Toby Heytens re-joined the faculty in 2010, having spent three years working in the Office of the Solicitor General and arguing six cases before the U.S. Supreme Court. His research interests include civil procedure, civil rights litigation, criminal procedure, federal courts and remedies.
After graduating from law school in 2000, Heytens clerked for then-Chief Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit. He then served as a Bristow Fellow in the Justice Department's Office of the Solicitor General. In 2002-03, Heytens clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg. From 2003 to 2006, he worked at O’Melveny & Myers, where his practice focused on appellate litigation, including numerous civil rights cases and other pro bono matters. In 2005, Heytens was the principal author of an amicus filing in FAIR v. Rumsfeld, one of two briefs recognized in the Green Bag's inaugural almanac of Exemplary Legal Writing. He served as a visiting assistant professor at Cornell Law School in Spring 2005.
During law school, Heytens served as articles development editor of the Virginia Law Review and received the Alumni Association Award for Academic Excellence for having the highest academic average in his graduating class. His student note, "School Choice and State Constitutions," received the Alumni Association Best Note Award and was a finalist in the American Bar Association’s nationwide Ross Student Writing Competition.
"Reassignment," 66 Stan. L. Rev. ___ (forthcoming 2014).
"The Framework(s) of Legal Change," 97 Cornell L. Rev. 595 (2012).
SSRN | PDF | HeinOnline (PDF)
"Doctrine Formulation and Distrust," 83 Notre Dame L. Rev. 2045 (2008).
SSRN | HeinOnline (PDF)