Search Faculty Publications

MARTIN H. REDISH

2021

Books

Articles

2020

Articles

2019

Articles

Op-Eds/Blog Posts/Popular Press

2017

Articles

Op-Eds/Blog Posts/Popular Press

2016

Articles

  • Premodern Constitutionalism, 57 William and Mary Law Review 1825 (2016) (Co-authored by: Matthew Heins).

Working Papers

2015

Articles

  • Fear, Loathing, and the First Amendment: Optimistic Skepticism and the Theory of Free Expression, 76 Ohio State Law Journal 691 (2015).
  • The Right of Publicity and the First Amendment in the Modern Age of Commercial Speech, 56 William and Mary Law Review 1443 (2015).
  • One Size Doesn't Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism, 95 Boston University Law Review 109 (2015) (Co-authored by: Julie M. Karaba).
  • Rethinking the Theory of the Class Action: The Risks and Rewards of Capitalistic Socialism in the Litigation Process, 64 Emory Law Journal 451 (2014).

2014

Articles

  • The Real Constitutional Problem with State Judicial Selection: Due Process, Judicial Retention, and the Dangers of Popular Constitutionalism, 56 William & Mary Law Review 1 (2014) (Co-authored by: Jennifer Aronoff).
  • Litigating Article III Standing: A Proposed Solution to the Serious (but Unrecognized) Separation of Powers Problem, 162 University of Pennsylvania Law Review 1373-1417 (2014) (Co-authored by: Sopan Joshi).
  • Avoiding Death By a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action, 99 Iowa Law Review 1659-1690 (2014) (Co-authored by: Megan B. Kiernan).

Working Papers

2013

Books

  • The Adversary First Amendment: Free Expression and the Foundations Of American Democracy (Stanford Law Books 2013).
  • Civil Procedure: A Modern Approach, 6th edition (West 2013) (Co-authored by: James E. Pfander, Richard L. Marcus, and Edward F. Sherman).

Contributions to Books

  • The Allocation of Discovery Costs and the Foundations of Modern Procedure, in The American Illness: Essays on the Rule of Law, edited by F.H. Buckley (Yale University Press 2013) at 201-210.

Working Papers

2012

Articles

  • Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative, 64 Florida Law Review 1485-1537 (2012) (Co-authored by: Matthew B. Arnould).
  • Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure, 64 Florida Law Review 845 (2012).
  • “Worse Than the Disease”: The Anti-Corruption Principle, Free Expression, and the Democratic Process, 20 William & Mary Bill of Rights Journal 1053-1084 (2012) (Co-authored by: Elana Nightingale Dawson).

Working Papers

2011

Books

  • Federal Courts: Cases, Comments and Questions, 7th edition (West 2012) (Co-authored by: James E. Pfander, and Suzanna Sherry).

Articles

  • Off-Label Prescription Advertising, the FDA and the First Amendment: A Study in the Values of Commercial Speech Protection, 37 American Journal of Law & Medicine 315-357 (2011) (Co-authored by: Coleen Klasmeier).

2010

Articles

  • Habeas Corpus, Due Process and the Suspension Clause: A Study in the Foundations of American Constitutionalism , 96 Virginia Law Review 1361-1416 (2010) (Co-authored by: Colleen McNamara ).
  • Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis, 62 Florida Law Review 617-666 (2010) (Co-authored by: Peter Julian, and Samantha Zyontz).

2009

Books

  • Civil Procedure: A Modern Approach, 5th edition (West 2009) (Co-authored by: James E. Pfander, Richard L. Marcus, and Edward F. Sherman ).
  • Wholesale Justice: Constitutional Democracy And The Problem Of The Class Action Lawsuit (Stanford University Press 2009).

Articles

  • Taylor v. Sturgell, Procedural Due Process, and the Day-in-Court Ideal: Resolving the Virtual Representation Dilemma , 84 Dame Law Review 1877-1918 (2009) (Co-authored by: William J. Katt ).
  • Understanding Post’s and Meiklejohn’s Mistakes: The Central Role of Adversary Democracy in the Theory of Free Expression , 103 Northwestern University Law Review 1303-1370 (2009) (Co-authored by: Abby Marie Mollen ).

2008

Articles

  • Commercial Speech, First Amendment Intuitionism and the Twilight Zone of Viewpoint Discrimination , 41 Loyola Los Angeles Law Review 67 (2007).
  • The Class Action as Political Theory , 85 Washington University Law Review 753-813 (2007) (Co-authored by: Clifford W. Berlow).
  • The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation, 93 Minnesota Law Review (Co-authored by: Dennis Murashko).
  • Class Actions, Litigant Autonomy, and the Foundations of Procedural Due Process, 95 California Law Review 1573-1618 (2007) (Co-authored by: Nathan D. Larsen ).

2007

Articles

  • Corporations and Political Speech: Should Speech Equal Money?, 30 Seattle University Law Review 931-958 (2007) (Co-authored by: David Skover, Lisa Danetz, and Scott Thomas ).
  • Bankruptcy, Sovereign Immunity and the Dilemma of Principled Decision Making: The Curious Case of Central Virginia Community College v. Katz , 15 American Bankruptcy Institute Law Review 13-57 (2007) (Co-authored by: Daniel M. Greenfield).

2006

Books

  • Summary Judgment: Federal Law And Practice, 3rd edition (Thomson West 2006) (Co-authored by: Edward Brunet).

Articles

  • Good Behavior, Judicial Independence, and the Foundations of American Constitutionalism , 116 Yale Law Journal 139 (2006).
  • The Supreme Court, the Rules Enabling Act, and the Politicization of the Federal Rules: Constitutional and Statutory Implications, 90 Minnesota Law Review 1303-1336 (2006) (Co-authored by: Uma M. Amuluru).
  • Settlement Class Actions, the Case-or-Controversy Requirement, and the Nature of the Adjudicatory Process, 73 University of Chicago Law Review (2006) (Co-authored by: Andrianna Kastanek).
  • Legislative Deception, Separation of Powers, and the Democratic Process: Harnessing the Political Theory of United States v. Klein, 100 Northwestern University Law Review 437-464 (2006) (Co-authored by: Christopher R. Pudelski).

2005

Books

  • Civil Procedure: A Modern Approach, 4th ed. (Thomson West 2005) (Co-authored by: Richard L. Marcus, and Edward F. Sherman).
  • The Logic of Persecution: Free Expression and the Mccarthy Era (Stanford University Press 2005).

Articles

  • Same-Sex Marriage, the Constitution, and Congressional Power to Control Federal Jurisdiction: Be Careful What You Wish For, 9 Lewis & Clark Law Review 363-380 (2005).
  • Summary Judgment and the Vanishing Trial: Implications of the Litigation Matrix, 57 Stanford Law Review 1329-1359 (2005).
  • Class Actions and the Democratic Difficulty: Rethinking the Intersection of Private Litigation and Public Goals, 2003 University of Chicago Legal Forum 71-139.
  • Unlawful Advocacy and Free Speech Theory: Rethinking the Lessons of the McCarthy Era, 73 University of Cincinnati Law Review 9-94 (2004).

2004

Articles

  • Why Punitive Damages are Unconstitutional, 53 Emory Law Journal 1-53 (2004) (Co-authored by: Andrew L. Mathews).

2003

Books

  • Federal Courts: Cases, Comments and Questions, 5th ed. (West Group 2002).

2002

Books

  • Constitutional Law: Principles and Policy, 6th edition (LexisNexis 2002) (Co-authored by: Jerome A. Barron, C. Thomas Dienes, and Wayne McCormack).

Articles

  • What Did You Learn in School Today? Free Speech, Values Inculcation, and the Democratic-Educational Paradox, 88 Cornell Law Review 62-118 (2002) (Co-authored by: Kevin Finnerty).
  • The Adversary System, Democratic Theory, and the Constitutional Role of Self-Interest: The Tobacco Wars, 1953-1971, 51 Depaul Law Review 359-406 (2001).
  • Electronic Discovery and the Litigation Matrix, 51 Duke Law Journal 561-628 (2001).

2001

Books

  • Money Talks: Speech, Economic Power, and the Values of Democracy (New York University Press 2001) .

Articles

  • Martin H. Redish, Christopher R. McFadden are the co-authors for HUAC, the Hollywood Ten, and the First Amendment Right of Non-Association, 85 Minnesota Law Review 1669-1728 (2001) (Co-authored by: Christopher R. McFadden) .
  • Free Speech and the Flawed Postulates of Campaign Finance Reform, 3 University of Pennsylvania Journal of Constitutional Law 783-818 (2001) .

2000

Books

  • Summary Judgment: Federal Law and Practice, 2nd ed. (West Group 2000) (Co-authored by: Edward Brunet, and Michael A. Reiter).

Articles

  • Intersystemic Redundancy and Federal Court Power: Proposing a Zero Tolerance Solution to the Duplicative Litigation Problem, 75 Notre Dame Law Review 1347-1376 (2000) .

1999

Books

  • Federal Courts: Cases Comments, and Questions, 4th ed. (West Group 1998) (Co-authored by: Suzanna Sherry).
  • Understanding Federal Courts and Jurisdiction (Matthew Bender 1998) (Co-authored by: Linda Mullenix and Georgene Vairo).

Articles

  • The Right of Expressive Access in First Amendment Theory: Redistributive Values and Democratic Dilemma, 93 Northwestern University Law Review 1083-1134 (1999) (Co-authored by: Kirk J. Kaludis).
  • What's Good for General Motors: Corporate Speech and the Theory of Free Expression, 66 George Washington Law Review 235-297 (1998) (Co-authored by: Howard M. Wasserman).

1995

Books

  • The Constitution As Political Structure (Oxford University Press 1995).