Kurt T. Lash
James P. Bradley Chair of Constitutional Law
Contact Information
Phone: (213) 736-1137
Fax: (213) 380-3769
E-mail: kurt.lash@lls.edu
919 Albany St.
Los Angeles, CA 90015-1211
Educational and Professional Background
BA, Whitman College
JD, Yale University
Following his graduation from Yale Law School, Professor Lash served as Law Clerk to the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit. Since joining the Loyola Law School faculty in 1993, Professor Lash has published numerous articles on constitutional law, theory and history. His work appears in some of the top law reviews in the United States, including Stanford Law Review, Virginia Law Review, Northwestern Law Review, and Texas Law Review. Most recently, Oxford University Press has agreed to publish Professor Lash’s book, The Lost History of the Ninth Amendment. In 2007, Professor Lash served as Chair of the Association of American Law Schools Section on Constitutional Law.
The Lost History of the Ninth Amendment (Oxford University Press)
"Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle of Strict Construction, 50 William and Mary Law Review 1577 (2009)
"The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty, and 'Expressly' Delegated Powers," 83 Notre Dame Law Review 101 (2008)
"Of Inkblots and Originalism: Historical Ambiguity and the Case of the Ninth Amendment," 31 Harv. J.L. & Pub. Pol'y 467 (2008)
“A Textual-Historical Theory of the Ninth Amendment," 60 Stanford Law Review 895 (2008)
"On Federalism, Freedom, and the Founders' View of Retained Rights: A Reply to Randy Barnett," 60 Stanford Law Review 969 (2008)
"The Inescapable Federalism of the Ninth Amendment," 93 Iowa Law Review 801(2008)
“Originalism, Popular Sovereignty, and Reverse Stare Decisis,” 93 Virginia Law Review 101 (2007)
"Minority Report: John Marshall and the Defense of the Alien and Sedition Acts," 68 Ohio State Law Journal 435 (2007)
"Tucker's Rule: St. George Tucker and the Limited Construction of Federal Power," 47 William & Mary L. Rev. 1343 (2006)
"James Madison's Celebrated Report of 1800: The Transformation of the Tenth Amendment," 74 Geo. Wash. L. Rev. 1701 (2006)
The Eleventh Amendment and the Background Principle of Strict Construction, invited lecture for University of Notre Dame Faculty Colloquium (Fall 2008).
The Eleventh Amendment and the Background Principle of Strict Construction, invited lecture for UCLA Law Faculty Colloquium (Fall 2008).
The Interlocking Ninth, Tenth, and Eleventh Amendments, invited lecture for Boyd School of Law, UNLV (Fall 2008).
The Forgotten Amendment (to an Amendment), paper presented for Symposium on “The Forgotten Constitutional Amendments,” James Madison Constitutional Law Center, Drake University School of Law (Spring 2008).
The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty and “Expressly Delegated Power,” paper presented for University of Washington School of Law Faculty Workshop series (Fall 2007).
Originalism, Popular Sovereignty, and Reverse Stare Decisis, paper presented for Advanced Constitutional Theory Workshop, Georgetown University Law Center (Spring 2007).
John Marshall and the Defense of the Alien and Sedition Acts, paper presented for UCLA Legal History Workshop (Spring 2007).
Missing Pieces of Our Constitutional History, Keynote Address, University of Montana School of Law Constitutional Day Celebration (Fall 2006).
Association of American Law Schools: Section on Constitutional Law, Chair-Elect (2006), Treasurer (2005)
Section on Law and Religion: Chair (1996), Program Chair: 1995, Executive Committee 1994; American Society for Legal History; International Association of Constitutional Law
Member of the Washington State Bar
The Ninth Amendment, subject entry in The Encyclopedia of the Supreme Court of the United States (forthcoming 2008).
Unenumerated Rights, subject entry in The Encyclopedia of the Supreme Court of the United States (forthcoming 2008).
Five Models of Church Autonomy: An Historical Look at Religious Liberty Under the United States Constitution, in Church Autonomy: A Comparative Survey (Gerhard Robbers, ed. 2001, Peter Lang Publishers).
The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty, and “Expressly” Delegated Powers, Notre Dame Law Review (forthcoming 2008).
A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review 101 (forthcoming 2008).
The Inescapable Federalism of the Ninth Amendment, Iowa Law Review (forthcoming 2008).
Originalism, Popular Sovereignty and Reverse Stare Decisis, 93 Virginia Law Review 101 (2007).
Minority Report: John Marshall and the Defense of the Alien and Sedition Acts, 68 Ohio St. L.J. 435 (2007). (see also "An Address of the Minority of the Virginia Legislature" (1799))
Tucker's Rule: St. George Tucker and the Limited Construction of Federal Power, 47 William & Mary L. Rev. 1343 (2006)
James Madison's Celebrated Report of 1800: The Transformation of the Tenth Amendment, 74 Geo. Wash. L. Rev. 1701 (2006)
The Lost Jurisprudence of the Ninth Amendment, 83 Tex. L. Rev. 597 (2005).
The Lost Original Meaning of the Ninth Amendment, 83 Tex. L. Rev. 331 (2004).
The Constitutional Convention of 1937: The Original Meaning of the New Jurisprudential Deal, 70 Fordham Law Review 459 (2001).
Separating Church and State: Roger Williams and Religious Liberty, 16 J.L. & Religion 569 (2001) (Book Review).
Two Movements of a Constitutional Symphony: Akhil Reed Amar's The Bill of Rights, 33 U. Rich. Law Review 485 (1999).
Government Aid to Religion, Encyclopedia of the American Constitution, Supplement II (1999).
School Choice, Encyclopedia of the American Constitution, Supplement II (1999).
Religion and Secularism in Constitutional Interpretation and Democratic Debate, Encyclopedia of the American Constitution, Supplement II (1999).
Power and the Subject of Religion, 59 Ohio St. L.J. 1069 (1998).
The Status of Constitutional Religious Liberty at the End of the Millennium, 32 Loy. L.A. L. Rev. 1 (1998).
Civilizing Religion, 65 Geo. Wash. L. Rev. 1100 (1997) (book review).
Voluntary Restraint and the Wormhole Effect, 29 Loy. L.A. L. Rev. 1401 (1996).
The Second Adoption of the Establishment Clause: The Rise of the Non-Establishment Principle, 27 Ariz. St. L.J. 1085 (1995).
Rejecting Conventional Wisdom: Federalist Ambivalence in the Framing and Implementation of Article V, 38 Am. J. Legal Hist. 197 (1994).
The Second Adoption of the Free Exercise Clause: Religious Exemptions Under the Fourteenth Amendment, 88 Nw. U. L. Rev. 1106 (1994).
Constitutional Law (Structure of Power); Constitutional Law (Individual Liberty); The Supreme Court; First Amendment; Law and Religion; Criminal Procedure