MASSEY - Calvin Massey
Daniel Webster Distinguished Professor of Law
BA, Whitman College
JD, Columbia Law School
MBA, Harvard Business School
Updated: January, 5 2015
- American Constitutional Law: Powers and Liberties (Fourth Edition, Aspen, 2013) (casebook)
- Property: Principles, Problems, and Cases (West, 2012) (casebook)
- American Constitutional Law: Powers and Liberties (Third Edition, Aspen, 2009) (casebook) Annual Supplements (Aspen 2009-2012)
- American Constitutional Law: Powers and Liberties (Second Edition, Aspen, 2005) (casebook) Annual Supplements (Aspen, 2005-2008)
- American Constitutional Law: Powers and Liberties (Aspen, 2001) (casebook) Annual Supplements to American Constitutional Law (Aspen, 2001-2004)
- Property (2d Edition, Aspen/Emanuel, 2006) (outline)
- Property (Aspen/Emanuel, 2002) (outline)
- Property (Emanuel Publishing, 1998) (outline)
- Constitutional Law (Aspen, 1997) (outline)
- Constitutional Law (2d edition, Aspen, 2001) (outline)
- Silent Rights: The Ninth Amendment and the Constitution’s Unenumerated Rights (Temple University Press, 1995) (monograph)
The California State Constitution (Greenwood Press, 1993) Co-authored with Profs. Joseph Grodin and Richard Cunningham (treatise)
- Uncensored Discourse is not Just for Politics, 36 Vermont L. Rev.845 (2012)
- M.B.Z. v. Clinton: Whither Jersusalem?, 6 Charleston L. Rev. 87 (2011)
- “Public Opinion, Cultural Change, and Constitutional Adjudication,” 61 Hastings L. J. 1437 (2010)
- “Church Schisms, Church Property, and Civil Authority,” 84 St John’s L. Rev. 23 (2010)
- “State Standing after Massachusetts v. EPA,” 61 Florida L. Rev. 249 (2009), excerpted in 34 Admin. & Reg. Law News 7 (2009)
- “Second Amendment Decision Rules,” 60 Hastings L.J. 1431 (2009)
- “Two Zones of Prophylaxis: The Scope of the Fourteenth Amendment Enforcement Power,” 76 Geo. Wash. L. Rev. 1 (2007)
- “The Role of Governmental Purpose in Constitutional Judicial Review,” 59 S. Car. L. Rev. 1 (2007)
- “The Constitution in a Postmodern Age,”, 64 Wash. & Lee L. Rev.165 (2007)
- Book Review, The Rehnquist Legacy, 25 Law & History Rev. 683 (2007)
- Book Review, The Oxford Companion to the Supreme Court of the United States, 24 Law & History Rev. 689 (2006)
- “The Political Marketplace of Religion,” 57 Hastings L.J. 1 (2005)
- “The New Formalism: Requiem for Tiered Scrutiny?” 6 U. Pa. J. Const. L. 944 (2004)
- “Elites, Identity Politics, Guns, and the Manufacture of Legal Rights,” 73 Fordham L. Rev. 573 (2004) (symposium issue)
- “Designation of Heirs: A Modest Proposal to Diminish Will Contests,” 37 Real Prop. Prob. and Tr. J. 577 (2003)
- “Congressional Power to Regulate Sex Discrimination: The Effect of the Supreme Court’s ‘New Federalism,’” 55 Maine L. Rev. 63 (2003) (symposium contribution)
- “Some Thoughts on the Law and Politics of Reparations for Slavery,” 24 Boston College Third World Law Review 157 (2004) (symposium contribution)
- “Joltin’ Joe Has Left and Gone Away: The Vanishing Presumption Against Preemption,” 66 Albany L. Rev. 759 (2003)
- “Federalism and the Rehnquist Court,” 53 Hastings L.J. 431 (2002)
- “Civic Discourse Amid Cultural Transformation,” 12 Cardozo Studies in Law and Literature.193 (2000).
- “Guns, Extremists, and the Constitution,” 57 Wash. & Lee L. Rev. 1095 (2000).
- “Juvenile Curfews and Fundamental Rights Methodology,” 27 Hastings Const. L. Q. 775 (2000).
- “A Whig in Republican Clothing,” a review of Linda Przybyszewski, The Republic According to John Marshall Harlan (1999) , February 2000 JURIST: Books-on-Law
- "Public Fora, Neutral Governments, and the Prism of Property," 50 Hastings L.J. 309 (1999)
- "The Tao of Federalism," 20 Harv. J. Law & Pub. Policy 887 (1997)
- "Takings and Progressive Rate Taxation," 20 Harv. J. Law & Pub. Policy 85 (1996)
- "Etiquette Tips: Some Implications of 'Process Federalism,'" 18 Harv. J. Law & Pub. Policy 175 (1994).
- "Hate Speech, Cultural Diversity, and the Foundational Paradigms of Free Expression," 40 UCLA L. Rev. 103 (1992), portions reprinted in Speaking Freely: The Case Against Speech Codes, Henry Mark Holzer, ed., 1994.
- "The Natural Law Component of the Ninth Amendment," 61 U. Cin. L. Rev. 49 (1992) (part of symposium issue on Natural Law and the Constitution).
- "Devolution or Disunion: The Constitution After Meech Lake," 29 Osgoode Hall L. J. 792 (1991)
- "Abstention and the Constitutional Limits to the Judicial Power of the United States," 1991 B.Y.U. L. Rev. 811 (part of Federal Courts Symposium issue).
- "The Locus of Sovereignty: Judicial Review, Legislative Supremacy, and Federalism in the Constitutional Traditions of Canada and the United States," 1990 Duke L.J. 1229.
- "The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law," 1990 Wis. L. Rev. 1229.
- "State Sovereignty and the Tenth and Eleventh Amendments," 56 U. Chi. L. Rev. 61 (1989).
- "A More Plausible Interpretation of the Eleventh Amendment," 57 U. Chi. L. Rev. 118 (1990).
- "The Excessive Fines Clause and Punitive Damages: Some Lessons from History," 40 Vand. L. Rev. 1233 (1987).
- "Federalism and Fundamental Rights: The Ninth Amendment," 38 Hastings L.J. 305 (1987), reprinted in The Rights Retained by the People: The History and Meaning of the Ninth Amendment (Randy Barnett, ed. 1989)
- "An Old-Fashioned Life," 24:1 San Francisco Attorney 32 (1998) (book review of Gormley, Archibald Cox: Conscience of a Nation)
- Introduction to A Disquisition on Government, John C. Calhoun, a reprint of the 1851 classic defense of the merits of decentralized federalism (Legal Classics Library, 1993).
- "The Faith Healers," 17 Law & Social Inquiry 821 (1992).
- "The Duty of Keeping Political Power Separated," 20 Hastings Const. L. Q. 1 (1992).
- "Getting There: A Brief History of the Politics of Supreme Court Appointments," 19 Hastings Const. L. Q. 1 (1991).
- "The 'Underlying Principle' of the Independence of the California Constitution," 2 State Const. Comm. & Notes 1 (Winter 1991).
- "American Fiduciary Duty in an Age of Narcissism," 54 Sask. L. Rev. 101 (1990).
- "Rule of Law and the Age of Aquarius," 41 Hastings L.J. 757 (1990) (Review of Geoffrey de Q. Walker, The Rule of Law).
- "The Jurisprudence of Poetic License," 1989 Duke L. J. 1047.
- "California's Privacy Right: Independence Threatened," 1 State Const. Comm. 4 (Spring 1990).
- "Pure Symbols and the First Amendment," 17 Hastings Const. L. Q. 369 (1990), reprinted in The Flag and the Constitution, Vol. II: Flag Burning and the Law (Michael Kent Curtis, ed., 1993).
- "Anti-Federalism and the Ninth Amendment," 64 Chi.-Kent L. Rev. 987 (1988), reprinted in The Rights Retained by the People: The History and Meaning of the Ninth Amendment, Vol. 2 (Randy Barnett, ed. 1993).
- "Law's Inferno," 39 Hastings L.J. 1269 (1988) (Review of Mark Kelman, A Guide to Critical Legal Studies).
- "An Assault Upon 'Takings' Doctrine: Finding New Answers in Old Theory," 63 Ind. L.J. 113 (1987) (Review of Richard Epstein, Takings: Private Property and the Power of Eminent Domain).
"California Law of Initiative and Referendum," in The Law of Politics (California Continuing Education of the Bar, 1977) (with Steven Dantzker).
- Uncensored Discourse is Not Just for Politics, Symposium on Sorrell v. IMS Health, Universaity of New Hampshire Law School, October, 2011
- Snyder v. Phelps and Constitutional Limits on Civility Torts, September 15, 2010
The Original Meaning of the Religion Clauses, Berkeley Law Federalist Society, October 21, 2010, University of California, Berkeley Law School
- Citizens United Today, California Public Utilities Commission, November 2, 2010
- Implementing the Second Amendment in the Courts, American Constitution Society, University of California, Davis, Law School, April 6, 2011
- Hastings Business Law Journal symposium on Citizens United, April 15, 2011
- “Power to the People: The Meaning of the Ninth Amendment,” University of California, Berkeley (Boalt Hall), March 9, 2010
- Presenter, “Public Opinion, Cultural Change, and Constitutional Adjudication,” Symposium: Democracy and the Courts, University of California, Hastings, and the Hastings Law Journal, February 19, 2010
- Presenter, “Federal Litigation on Same-Sex Marriage,” Symposium: The Future of Same-Sex Marriage, University of San Francisco Law School and the University of San Francisco Law Review, February 26, 2010
- Presenter, “Constitutional Limits to Tobacco Marketing Regulations,” at a conference, Implementing the Tobacco Control Act: Advice to the FDA, University of California, Hastings, and the Hastings Science and Technology Law Journal, August 28, 2009
- Paper presenter, “Second Amendment Decision Rules,” Symposium on the Second Amendment after Heller, University of California, Hastings, and the Hastings Law Journal, February 13, 2009
- Faculty colloquium, New York Law School, October 8, 2008
- Faculty colloquium, University of California, Davis Law School, October 4, 2008
- Paper presenter, Annual Meeting of the National Conference of State Legislators, Boston, August 2007, “The Commerce Clause and Protectionism: Two Sides to the Coin.”
- Paper presenter, Annual Meeting of the Law & Society Association, Las Vegas, June 2005, “The Future of Tiered Scrutiny.”
- Commentator and presenter, Conference on the Second Amendment and the Future of Gun Regulations, Fordham Law School, April 2004
- Paper presenter and commentator, Symposium on Reparations for Slavery, Boston College Third World Law Journal, March 2003
- Paper presenter, Symposium on “Law, Labor, and Gender,” University of Maine Law School and Maine Law Review, September 2002
- Colloquium participant, “The Meaning of Privileges and Immunities,” Liberty Fund, Tucson, April 2002
- Colloquium participant, “The Rule of Law and the Elaboration of a Constitutional Text,” Liberty Fund, Indianapolis, March 2002
- Colloquium speaker, Boston College Law School, February 2002
- Colloquium speaker, Boston University Law School, February 2002
- Bush v. Gore Revisited, Boston College Law School, November 2001
- “Votes and Voices: Reevaluations in the Aftermath of the 2000 Presidential Election,” Cardozo School of Law, Yeshiva University, April 2001. Panel on Developments in Our Public Discourse
- Colloquium speaker, Washington & Lee Law School, November 2000
- Colloquium Participant, Academics for the Second Amendment, Arlington, VA, November 1998
- Golden Gate University Law School, Debate on the Impeachment of President Clinton, October 1998
- Palo Alto and Santa Clara Bar Associations, Palo Alto, October 1995; Debate on Affirmative Action
- Canadian Studies Symposium, University of California, Berkeley, November 1993. "The Meaning of the 1993 Federal Election"
- Canadian Studies Symposium, University of California, Berkeley, November 1992. "After the Referendum, What Next?"
- Participant, Roots of the Common Law colloquium, Clemson University and Liberty Fund, October 1992.
- Panelist, Fulbright Roundtable, Canadian Consulate, San Francisco, April 1992, on Canadian constitutional change.
- Distinguished Visiting Scholar Lecture, California State University, Sacramento, February 1992 (Delivered a lecture, "Federalism and the Canadian Constitution").
- Participant, Liberty and the Ninth Amendment Colloquium, University of Puget Sound Law School, May 1991
- Western Social Science Association, Annual Meeting, April 1991. (Presented a paper: "Devolution or Disunion: The Constitution After Meech Lake")
- Canadian Institute for Advanced Legal Studies, Stanford University, July 1990. (Presented a paper: "American Fiduciary Duty in an Age of Narcissism")
- National Association of Attorneys General, Annual Seminar on State Constitutional Law, May-June 1990. (Presented "The Antifederalist Ninth Amendment and Its Implications for State Constitutional Law").
- Symposium on "Controversies of Law," May 1990, co-sponsored by University of California, Hastings. (Presented a paper: "Abortion")
- Panel participant, Symposium on Freedom and Federalism, April 1990, George Mason University.
- Association of Canadian Studies in the United States, Biennial Meeting, November 1989. (Presented a paper: "Meech Lake and Calhoun's Concurrent Majority.")
Conference on the California Constitution, March 1989, University of California, Hastings.
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- Marking Passages, Preserving the Past: Beginnings
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