Kurt T. Lash
Professor of Law and W. Joseph Ford Fellow
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 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 895 (2008)
"On Federalism, Freedom, and the Founder's View of Retained Rights: A Reply to Randy Barnett," 60 Stanford Law Review 969 (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 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 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 Original Meaning of an Omission: Popular Sovereignty, The Tenth Amendment, and “Expressly” Delegated Power, Paper presented for Faculty Workshop, University of Washington School of Law (Fall 2007).
Originalism, Popular Sovereignty, and Reverse Stare Decisis, Paper presented for Advanced Constitutional Theory Colloquium, Georgetown University Law Center (Spring 2007).
The Inescapable Federalism of the Ninth Amendment, Paper presented for the 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).
Comprehensive Originalism and the Second Amendment, Paper presented at Stanford Law School Second Amendment symposium. (2005)
The Lost History of the Ninth Amendment, Paper presented at UCLA School of Law (2005)Comprehensive Originalism and the Second Amendment, Paper presented at Stanford Law School Second Amendment symposium. (2005)
The Lost History of the Ninth Amendment, Paper presented at UCLA School of Law (2005)
One Nation Under God: The Supreme Court and Religion, Talk Presented at Annual Clavigerii Society Weekend, Napa Valley, California
"Restoring the Lost Constitution: The Presumption of Liberty, " Panel Discussion with Randy Barnett (Boston University ).
Religion in American Public Life, Panel Discussion with Dr. Phil Johnson (Boalt Hall).
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