Paul Finkelman (born November 15, 1949) is an American legal
historian, the Robert E. and Susan T. Rydell Visiting Professor at
Gustavus Adolphus College
Gustavus Adolphus College ( ) is a private liberal arts college in St. Peter, Minnesota. It was founded in 1862 by Swedish Americans led by Eric Norelius and is affiliated with the Evangelical Lutheran Church in America. Gustavus gets its nam ...
in
St. Peter, Minnesota
St. Peter is a city in Nicollet County, Minnesota, United States. It is 10 miles north of the Mankato – North Mankato metropolitan area. The population was 12,066 at the 2020 census. St. Peter is the county seat of Nicollet County and home ...
, and a research affiliate at the Max and Tessie Zelikovitz Centre for Jewish Studies,
Carleton University,
Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
,
Canada. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history and baseball. In addition, he has authored more than 200 scholarly articles on these and many other subjects. From 2017 - 2022, Finkelman served as the President and Chancellor of
Gratz College,
Melrose Park, Pennsylvania (the oldest independent Jewish college in the United States).
Education
Finkelman was born in
Brooklyn, New York, and grew up in
Watertown, where he attended public schools. He received his undergraduate degree in
American studies from
Syracuse University
Syracuse University (informally 'Cuse or SU) is a Private university, private research university in Syracuse, New York. Established in 1870 with roots in the Methodist Episcopal Church, the university has been nonsectarian since 1920. Locate ...
in 1971, and his master's degree and doctorate in American history from the
University of Chicago in 1972 and 1976. At Chicago, he was a student of
Stanley Nider Katz
Stanley Nider Katz (born April 23, 1934 in Chicago, Illinois) is an American historian specializing in American legal and constitutional history and the history of philanthropy. He is director of the Princeton University Center for Arts and Cultu ...
and
John Hope Franklin and a contributor to the volume, ''The Facts of Reconstruction: Essays in Honor of John Hope Franklin,'' edited by Eric Anderson & Alfred A. Moss, Jr. (Baton Rouge: Louisiana State University Press, c.1991). Finkelman was also a Fellow in Law and Humanities at
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
, 1982–83.
Academic positions and honors
Finkelman has held many positions teaching law and history including at
Albany Law School (President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow in the Government Law Center),
University of Tulsa College of Law (Chapman Distinguished Professor of Law, 1999–2006),
University of Akron School of Law (John F. Seiberling Professor, 1998–99),
Cleveland-Marshall College of Law (Baker & Hostetler Visiting Professor, 1997–98),
Hamline Law School (Distinguished Visiting Professor, spring 1997),
University of Miami (Charlton W. Tebeau Visiting Research Professor, 1996),
Chicago-Kent College of Law (fall 1995),
Virginia Tech (1992–95),
Brooklyn Law School, (1990–92),
SUNY Binghamton (1984–1990),
University of Texas (1978–84),
University of Texas Law School (Spring 1982),
Washington University (Andrew W. Mellon Faculty Fellow, 1977–78) and
University of California, Irvine (1976–77).
He received fellowships from the
National Endowment for the Humanities, the
American Philosophical Society, the
Library of Congress,
Yale University,
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
, and the
American Council of Learned Societies
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
. American institutions at which he was a resident scholar include:
Transylvania University,
Mississippi State University
Mississippi State University for Agriculture and Applied Science, commonly known as Mississippi State University (MSU), is a public land-grant research university adjacent to Starkville, Mississippi. It is classified among "R1: Doctoral Unive ...
, the
University of Seattle
Seattle University (SeattleU) is a private Jesuit university in Seattle, Washington. Seattle University is the largest independent university in the Northwestern United States, with over 7,500 students enrolled in undergraduate and graduate pro ...
School of Law, and
St. Bonaventure University
St. Bonaventure University is a private Franciscan university in St. Bonaventure, New York. It has 2,381 undergraduate and graduate students. The Franciscan Brothers established the university in 1858.
In athletics, the St. Bonaventure Bonn ...
. In 2009, Finkelman gave the Nathan A. Huggins lectures at the W.E.B. DuBois Center at Harvard University. His 2018 book ''Supreme Injustice: Slavery in the Nation's Highest Court'' was based on these lectures. Since 2001, Finkelman has been a Distinguished Lecturer for the
Organization of American Historians
The Organization of American Historians (OAH), formerly known as the Mississippi Valley Historical Association, is the largest professional society dedicated to the teaching and study of American history. OAH's members in the U.S. and abroad inc ...
. He received the Joseph L. Andrews Award from
American Association of Law Libraries in 1986, and in 1995, was named Historian of the Year by the Virginia Social Science Association.
Finkelman has also lectured on behalf of the U.S. State Department in Colombia, Germany, Japan, and China. He spent part of the fall 2008 semester at
Osaka University
, abbreviated as , is a public research university located in Osaka Prefecture, Japan. It is one of Japan's former Imperial Universities and a Designated National University listed as a "Top Type" university in the Top Global University Project. ...
in Japan, as a visiting research scholar. He was twice a fellow of the
Japan Society for the Promotion of Science, resident at
Nanzan University in Nagoya, Japan, in 2001 and in 2011–12.
In 2012, Finkelman was the John Hope Franklin Visiting Professor of American Legal History at
Duke Law School. In spring 2014, he was the Justice
Pike Hall, Jr.
Pike, Pikes or The Pike may refer to:
Fish
* Blue pike or blue walleye, an extinct color morph of the yellow walleye ''Sander vitreus''
* Ctenoluciidae, the "pike characins", some species of which are commonly known as pikes
* ''Esox'', genus ...
Visiting Professor at the
Paul M. Hebert Law Center
The Paul M. Hebert Law Center, often styled "LSU Law", is a public law school in Baton Rouge, Louisiana. It is part of the Louisiana State University System and located on the main campus of Louisiana State University.
Because Louisiana is a c ...
of
Louisiana State University in
Baton Rouge
Baton Rouge ( ; ) is a city in and the capital of the U.S. state of Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-sma ...
. Throughout 2014 and 2015, Finkelman was a Senior Fellow at the Penn Program on Democracy, Citizenship, and Constitutionalism at the
University of Pennsylvania and a Scholar-in-Residence at the
National Constitution Center. In 2015, he was appointed the Ariel F. Sallows Visiting Professor of Human Rights Law at the
University of Saskatchewan College of Law. In 2017 he was the John E. Murray Visiting Professor of Law at the
University of Pittsburgh School of Law. In the Fall of 2017 he held a Fulbright Chair in Human Rights and Social Justice at the
University of Ottawa.
From 2003 to 2006, Finkelman was President of the 1921 Tulsa Race Riot Memorial Foundation. In 2009, he was elected a member of the American Antiquarian Society. Since 2003, he has been a board member of the Gilder Lehrman Center for the Study of Slavery, Abolition, and Resistance at Yale University. Since 2001, he has been the scholar/convener of the annual scholarly conference of the U.S. Capitol Historical Society.
Expert witness and analyst
Called an "excellent legal historian", even by scholars who disagree with him, Finkelman was an expert witness against
Alabama Supreme Court
The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is house ...
Chief Justice
Roy Moore in ''
Glassroth v. Moore
''Glassroth v. Moore'', 335 F.3d 1282 (11th Cir. 2003), and its companion case ''Maddox and Howard v. Moore'', 229 F. Supp. 2d 1290 ( M.D. Ala. 2002), is a decision from the United States Court of Appeals for the Eleventh Circuit that held a 2 ton ...
'' (Al. 2002)(the "Ten Commandments" case), as well as an expert witness for the plaintiff in ''
Popov v. Hayashi
''Popov v. Hayashi'' (WL 31833731 Ca. Sup. Ct. 2002) was a California Superior Court case involving Property law, scope of ownership between parties and Conversion (law), conversion regarding a valuable baseball acquired at a Major League Baseball ...
'' (S.F. Sup. Ct. CA, 2002) (determining who owned
Barry Bonds
Barry Lamar Bonds (born July 24, 1964) is an American former professional baseball left fielder who played 22 seasons in Major League Baseball (MLB). Bonds was a member of the Pittsburgh Pirates from 1986 to 1992 and the San Francisco Giants f ...
's 73rd home run ball). Professor Finkelman has also been part of ''
amicus curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
'' briefs for cases related to
Guantanamo Bay detainment camp, gay marriage in
New York State,
affirmative action, and
separation of church and state. In 2013, he was the lead named amicus in briefs before the Supreme Court involving affirmative action (''
Schuette v. Coalition to Defend Affirmative Action
''Schuette v. Coalition to Defend Affirmative Action'', 572 U.S. 291 (2014), was a landmark decision of the Supreme Court of the United States concerning affirmative action and race- and sex-based discrimination in public university admissions. ...
'') and prayer delivered at public meetings (''
Town of Greece v. Galloway''). The U.S. Supreme Court has cited Finkelman six times, including in Justice Ruth Bader Ginsburg's majority opinion in ''Timbs v. Indiana'' (2019).
In April 2007, Finkelman appeared at Harvard Law School for a retrial of the ''
Dred Scott v. Sandford'' case. He was an expert witness for Sandford. Attorney
Kenneth Starr was another expert witness before the mock court of federal justices, led by
U.S. Supreme Court Justice
Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
.
Finkelman has also appeared in several historical films, including
Ken Burns
Kenneth Lauren Burns (born July 29, 1953) is an American filmmaker known for his documentary film, documentary films and television series, many of which chronicle United States, American History of the United States, history and Culture of the ...
's
documentary on Thomas Jefferson (for which he was invited to the Clinton White House), and a documentary about the Barry Bonds' home run ball, ''
Up for Grabs''. Television and radio programs which have used him as an analyst have been broadcast on
NPR,
PBS,
CNN, and
ESPN. Finkelman has served on numerous editorial and advisory boards, as well as delivered more than 150 papers and lectures in the United States, and in Austria, Canada, China, Colombia (SA), France, Germany, Ireland (Eire), Israel, Italy, Japan, Switzerland, and the United Kingdom.
Publications
Finkelman has published more than 50 books and hundreds of scholarly articles. His interests include
slavery, race,
civil rights,
civil liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
, the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
and
constitutional law, and baseball. Finkelman was listed as one of the ten most-cited legal historians in
Brian Leiter's survey of most-cited law professors by specialty from 2000 to 2014.
Finkelman has also written numerous entries for encyclopedias and reference works. More than eighty short book reviews he has written have appeared in a wide variety of scholarly journals. His essays, op-eds and blogs have been published in ''
The New York Times'', ''
The Washington Post'',''
The Atlantic'', ''
Washington Monthly'', ''
Los Angeles Review of Books'',
Jewish Review of Books, ''
USA Today'', ''
The Baltimore Sun'', the ''
Huffington Post
''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
'',
theRoot.com
''The Root'' is an African American-oriented online magazine. It was launched on January 28, 2008, by Henry Louis Gates Jr. and Donald E. Graham.
History
It was owned by Graham Holdings Company through its online subsidiary, The Slate Group. ...
, and other non-scholarly avenues. Among them have been about
Thomas Jefferson's relationship with slavery and several concerning the American Civil War in the Disunion section of ''The New York Times The Opinionator blog. While at the
SUNY Binghamton, Finkelman edited the 18-volume ''Articles on American Slavery'', collecting nearly 400 important articles on slavery in the United States, which Garland Publishing published in 1989. Finkelman also edited ''The Political Lincoln: An Encyclopedia'' (2009), published by
CQ Press, and is an advisor to the
Abraham Lincoln Bicentennial Commission
Abraham, ; ar, , , name=, group= (originally Abram) is the common Hebrew patriarch of the Abrahamic religions, including Judaism, Christianity, and Islam. In Judaism, he is the founding father of the special relationship between the Jews ...
. He is the editor-in-chief of the book series, ''Routledge Historical Americans'', co-editor-in-chief of ''Studies in Southern Legal History'' at the University of Georgia Press, and co-editor of ''Law Politics and Society in the Midwest'' at Ohio University Press.
His 2018 book ''Supreme Injustice: Slavery in the Nation’s Highest Courts'', which documents the racist personal and legal practices of pre-
Civil War Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
Chief Justices
John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...
and
Roger B. Taney and Associate Justice
Joseph Story, provided evidentiary impetus for the change of name of
UIC John Marshall Law School
University of Illinois Chicago School of Law is a public law school in Chicago, Illinois. Founded in 1899, the school offers programs for both part-time and full-time students, with both day and night classes available, and offers January enrol ...
to the
University of Illinois Chicago School of Law,
["UIC renaming John Marshall Law School"]
by Stefano Esposito, ''Chicago Sun-Times'', May 21, 2021. Retrieved May 26, 2021. and the change of the name Cleveland-Marshall Law School to
Cleveland State University College of Law.
"U.S. law school changes name to drop early Supreme Court justice"
/ref>
Selected works
* ''A Brief Narrative of the Cast and Tryal of John Peter Zenger''. Bedford/St. Martin's, 2010.
* ''A History of Michigan Law''. Co-edited with Martin J. Hershock. Ohio University Press, 2006.
* ''A March of Liberty: A Constitutional History of the United States''. With Melvin I. Urofsky
Melvin I. Urofsky is an American historian, and professor emeritus at Virginia Commonwealth University.
He received his B.A. from Columbia University in 1961 and doctorate in 1968. He also received his JD from the University of Virginia.
He teache ...
. 2 vols. 3rd ed., Oxford University Press, 2011.
* ''American Legal History: Cases and Materials''. With Kermit L. Hall
Kermit Lance Hall (August 31, 1944 – August 13, 2006) was a noted legal historian and university president. He served from 1994 to 1998 on the Assassination Records Review Board to review and release to the public documents related to the Assas ...
and James W. Ely, Jr. 5th ed., Oxford University Press, 2017.
* ''An Imperfect Union: Slavery, Federalism, and Comity''. University of North Carolina Press, 1981. Reprint: Lawbook Exchange, 2001.
* ''Baseball and the American Legal Mind''. With Spencer Waller and Neil Cohen. Garland, 1995.
* ''Congress and the Crisis of the 1850s''. Co-edited with Donald R. Kennon. Ohio University Press, 2012.
* ''Congress and the Emergence of Sectionalism: From the Missouri Compromise to the Age of Jackson''. Co-edited with Donald R. Kennon. Ohio University Press, 2008.
* ''Constitutional Law in Context''. With Michael Kent Curtis, J. Wilson Parker and Davison M. Douglas. 2 vols. 3rd ed., Carolina Academic Press, 2011.
* ''Defending Slavery: Proslavery Thought in the Old South''. Bedford/St. Martin's, 2003.
* ''Documents of American Constitutional and Legal History'' (2 vols). Co-edited with Melvin Urofsky. 3rd ed., Oxford University Press, 2008.
* ''Dred Scott v. Sandford: A Brief History With Documents''. Bedford/St. Martin's, 1997.
* ''The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law''. Co-edited with David Thomas Konig and Christopher Alan Bracey. Ohio University Press, 2010.
* ''Encyclopedia of African American History, 1619-1895: From the Colonial Period to the Age of Frederick Douglass''. Editor-in-Chief. 3 vols. Oxford University Press, 2006.
* ''Encyclopedia of African American History, 1896 to the Present: From the Age of Segregation to the Twenty-First Century''. Editor-in-Chief. 5 vols. Oxford University Press, 2009.
* ''Encyclopedia of the Harlem Renaissance''. Co-edited with Cary Wintz. 2 vols. Routledge, 2005.
* ''Encyclopedia of United States Indian Policy and Law''. Co-edited with Tim Alan Garrison. 2 vols. CQ Press, 2009.
* ''His Soul Goes Marching On: Responses to John Brown and the Harpers Ferry Raid''. Editor. University Press of Virginia, 1995.
* ''Impeachable Offenses: A Documentary History from 1787 to the Present''. Co-authored with Emily Van Tassel. Congressional Quarterly Press, 1998.
* ''In the Shadow of Freedom: The Politics of Slavery in the National Capital''. Co-edited with Donald R. Kennon. Ohio University Press, 2011.
* ''Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio''. Co-edited with Roberta Sue Alexander. Ohio University Press, 2012.
* ''The Library of Congress Civil War Desk Reference''. With Margaret Wagner and Gary W. Gallagher. Simon and Schuster, 2002.
* ''Lincoln, Congress, and Emancipation''. Co-edited with Donald R. Kennon. Ohio University Press, 2016
* ''MacMillan Encyclopedia of World Slavery''. Co-edited with Joseph C. Miller. 2 vols. Macmillan, 1998.
* ''Millard Fillmore''. Times Books, 2011.
* ''The Political Lincoln: An Encyclopedia''. Co-edited with Martin J. Hershock. CQ Press, 2009.
* ''Terrorism, Government, and Law: National Authority and Local Autonomy in the War on Terror''. Co-edited with Susan N. Herman. Praeger Security International, 2008.
* ''Race and the Constitution: From the Philadelphia Convention to the Age of Segregation''. American Historical Association, 2010.
* ''Religion and American Law: An Encyclopedia''. Editor. Garland, 2000.
* ''Slavery and the Founders: Race and Liberty in the Age of Jefferson''. 3rd ed., M.E. Sharpe, 2014.
* ''Slavery and the Law''. Editor. Madison House, 1997.
* ''Slavery in the Courtroom''. Library of Congress, 1985. Recipient of the 1986 Joseph L. Andrews Award from the American Association of Law Libraries. Reprint: Lawbook Exchange, 1996.
* ''Supreme Injustice: Slavery in the Nation's Highest Court''. Harvard University Press, 2018
Review
* ''Terrible Swift Sword: The Legacy of John Brown''. Co-edited with Peggy A. Russo. Ohio University Press, 2005.
* ''Toward a Usable Past: Liberty Under State Constitutions''. Co-editor with Stephen Gottlieb. University of Georgia Press, 1991.
References
External links
Finkelman's publications and public lectures
Finkelman's articles in full text
*
{{DEFAULTSORT:Finkelman, Paul
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Gratz College
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1949 births
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