Martin H. Redish is the Louis and Harriet Ancel Professor of
Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
Public Policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
at the
Northwestern University Pritzker School of Law
Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, or "T14" law scho ...
.
Redish has written 19 books and over a hundred law review articles in the areas of
civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kin ...
and
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
, among others.
He is among the most frequently cited American legal scholars.
Legal theories
First Amendment
Redish supports an "autonomy theory" of
free speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, taking the view that the
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and reco ...
protects speech in order to advance individuals' interest in the self-realization that they obtain by being able to speak without government interference.
According to Redish, all of the other values attached to free speech, such as the advancement of
liberal democracy
Liberal democracy is the combination of a liberal political ideology that operates under an indirect democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into ...
, necessarily depend on the concept of individual self-realization.
This view contrasts with that of scholars such as
Alexander Meiklejohn
Alexander Meiklejohn (; 3 February 1872 – 17 December 1964) was a philosopher, university administrator, educational reformer, and free-speech advocate, best known as president of Amherst College.
Background
Alexander Meiklejohn was born ...
, who advocate a theory of the First Amendment based on the importance of democratic self-governance, and of scholars who subscribe to the theory that the First Amendment exists to promote the
marketplace of ideas
The marketplace of ideas is a rationale for freedom of expression based on an analogy to the economic concept of a free market. The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public di ...
.
Career
Redish has spent his entire academic career at Northwestern University, where he has been a faculty member since 1973.
Before entering academia, he briefly practiced law in
New York.
Redish received a
bachelor's degree
A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six ...
in
political science
Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...
from the
University of Pennsylvania
The University of Pennsylvania (also known as Penn or UPenn) is a private research university in Philadelphia. It is the fourth-oldest institution of higher education in the United States and is ranked among the highest-regarded universitie ...
and a
Juris Doctor degree from
Harvard Law School.
Selected publications
Books
*
Richard Marcus, Martin Redish,
Edward F. Sherman, &
James Pfander, ''Civil Procedure: A Modern Approach'' (6th ed. 2013)
*
Moore's Federal Practice 3d ed., volume 15
*Martin H. Redish, ''Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit'' (2009)
Articles
*Martin H. Redish, ''The Value of Free Speech'', 130
U. Pa. L. Rev. 591 (1982)
*Martin H. Redish, ''Advocacy of Unlawful Conduct and the First Amendment: In Defense of Clear and Present Danger'', 70
Cal. L. Rev. 1159 (1982).
*Martin H. Redish, ''Electronic Discovery and the Litigation Matrix'', 51
Duke L.J. 561 (2001)
References
{{DEFAULTSORT:Redish, Martin
American lawyers
American legal scholars
Harvard Law School alumni
University of Pennsylvania alumni
American scholars of constitutional law
Living people
Northwestern University Pritzker School of Law faculty
Year of birth missing (living people)