Of Theory and Theodicy: The Problem of Immoral Law, LAW AND JUSTICE IN A MULTISTATE WORLD 473-502 (Symeonides ed., 2002).Courts, United States Federal, in II THE OXFORD INTERNATIONAL ENCYCLOPEDIA OF LEGAL HISTORY 255-262 (2009).Choice of Law and Minimal Scrutiny, 49 U.The Monroe Mystery Solved: Beyond the "Unhappy History" Theory of Civil Rights Litigation, in Symposium, 1991 B.Y.U.The Federal-State Conflict of Laws: "Actual" Conflicts, 70 TEX.Of Sovereignty and Union: The Legends of Alden, 76 NOTRE DAME L.When Courts Decide Elections: The Constitutionality of Bush v.
VON MEHREN, 473-502 (Symeon Symeonides, ed. "Of Theory and Theodicy: The Problem of Immoral Law," in LAW AND JUSTICE IN A MULTISTATE WORLD: A TRIBUTE TO ARTHUR T.Theory Wars in the Conflict of Laws, 103 MICH.Dred Scott and the Crisis of 1860, in Symposium, 82 CHI-KENT L.Courts, United States Federal," THE OXFORD INTERNATIONAL ENCYCLOPEDIA OF LEGAL HISTORY 255-262 (2009).Unlikely Beginnings of Modern Constitutional Thought, 15 U.A General Theory of Governance: Due Process and Lawmaking Power, 54 WM.What We Don't Talk About When We Talk About Extraterritoriality: Kiobel and the Conflict of Laws, 99 CORNELL L.A Radically Transformed Restatement for Conflicts, 2015 U.Borden: A Taney-Court Mystery Solved, 37 PACE LAW REVIEW 700-764 (2017) Age of Unreason: Rationality and the Regulatory State, 53 U.Sovereign Immunity and Interstate Government Tort, 54 U.Conflict of Laws (Matthew Bender 2011, 2002, 1996) (co-authors William Richman and William Reynolds).Federal Courts: Judicial Federalism and Judicial Power (West Pub.( July 2021) ( Learn how and when to remove this template message) Please help improve this section if you can. This section may require cleanup to meet Wikipedia's quality standards. Throughout she was interested in the problem of instantiating justice within the American dual-law, dual-court, multistate legal systems, and on the histories of the times in the backgrounds of supreme court cases on these systems. Madison, the early Supreme Court case placing the federal government under the rule of law, came under revisionist attack, Weinberg published her defense of the case. Weinberg became interested in uncovering hidden rationales in Supreme Court cases, and in this interest clarified the causative role of the Dred Scott case in the coming of the Civil War, countering revisionist normalization of Dred Scott while showing that judicial attempts to reverse Dred Scott, as opposed to constitutional amendment, would have been counterproductive. Weinberg concentrated on choice-of-law theory, and proposed a reconceptualization of the field, ultimately achieving a unification of the concepts of due process, rationality, and tiered scrutiny with choice of law. In 1977 Weinberg introduced the concept of "judicial federalism." She engaged in a 1989 debate with Martin Redish concerning controversial federal judicial lawmaking, and clarified the nature of federal common law. Louise Weinberg became emeritus in 2021 when she was 88 years of age. She is a member of, and appointed adviser to, the American Law Institute, and she has frequently chaired sections of the Association of American Law Schools on Conflict of Laws and on Federal Courts. Her works address the sources of lawmaking power and the debate on legal theory in the conflict of laws, offering a unification of conflicts theory with constitutional theory. Louise Weinberg is author of the 1200-page study, Federal Courts: Judicial Federalism and Judicial Power (West, 1994), and numerous scholarly papers and contributions. In 1982 she was joined in Texas by her husband, Steven Weinberg, a Nobel laureate in physics. Bates Chair in the Administration of Justice, formerly held by Charles Alan Wright. In 1980 she joined the law faculty at the University of Texas, where she held the Raybourn Thompson professorship, and, later, the endowed William B. At Harvard, Brandeis, and Stanford she taught courses in the American legal system, constitutional law, Supreme Court history, federal courts, and the conflict of laws. and was an associate in litigation at Bingham, Dana & Gould, Boston. She clerked for Judge Charles Edward Wyzanski Jr. summa) (Phi Beta Kappa), and Harvard (J.D. Louise Weinberg was educated at Cornell (A.B.