Edward A. Hartnett

Professor Edward Hartnett

Richard J. Hughes Professor for Constitutional and Public Law and Service

 (973) 642-8842
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Biography & Scholarship
Biography
Publications
Curriculum Vitae
   
Courses & Syllabi
Constitutional Law 
Federal Courts
Biography
 

Professor Hartnett received his A.B., magna cum laude, from Harvard and his J.D. from New York University, where he was elected to the Order of the Coif and received the highest award given to J.D. candidates. He clerked for Judge Frederick B. Lacey and Judge Robert E. Cowen of the United States District Court for the District of New Jersey, and for Chief Judge John J. Gibbons of the United States Court of Appeals for the Third Circuit. After his clerkships, he practiced with the Federal Public Defender and the law firm of Robinson, St. John & Wayne.  Since  joining the law school in 1992, he has published articles in the areas of federal jurisdiction and constitutional law in journals including Constitutional Commentary, Columbia Law Review, Duke Law Journal, Michigan Law Review, New York University Law Review, Texas Law Review, and William & Mary Law Review.  Professor Hartnett has also been a visiting professor at the University of Virginia School of Law and the University of Pennsylvania Law School.  He was named the Richard J. Hughes Professor for Constitutional and Public Law and Service in 2004.

 
Publications
 

LAW REVIEW PUBLICATIONS

Catholic Judges and Cooperation in Sin, 4 St. Thomas L. Rev. 221 (2006).

Modest Hope for a Modest Roberts Court: Deference, Facial Challenges, and the Comparative Competence of Courts, 59 SMU L. Rev. 1735 (2006).

Against (Mere) Restyling, 82 Notre Dame L. Rev. 155 (2006).

Congress Clears Its Throat, 22 Constitutional Commentary 553 (2005).

The Constitutional Puzzle of Habeas Corpus, 46 Boston College L. Rev. 251 (2005).

Recess Appointments of Article III Judges: Three Constitutional Questions, 26 Cardozo L. Rev. 377 (2005), reprinted in Jurocracy & Distrust: Reconsidering The Federal Judicial Appointments (Floerscheimer Center for Constitutional Democracy, 2005).

Not the King’s Bench, 20 Constitutional Commentary 283 (2003).

Ties in the Supreme Court of New Jersey, 32 Seton Hall L. Rev. 735 (2003).

Ties in the Supreme Court of the United States, 44 William & Mary L. Rev. 643 (2002).

§ 1367 Producamus, 51 Duke L. J. 687 (2001).

Would the Kroger Rule Survive the ALI's Proposed Revision of § 1367?, 51 Duke L. J. 647 (2001).

The Supreme Court and the American Character, 11 Seton Hall Constitutional L. J. 759 (2001).

Questioning Certiorari: Some Reflections Seventy-Five Years After the Judges' Bill, 100 Colum. L. Rev. 1643 (2000).

The Standing of the United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking for Answers in All the Wrong Places, 97 Mich. L. Rev. 2239 (1999).

The Akhil Reed Amar Bill of Rights, 16 Constitutional Commentary 373 (1999).

A Matter of Judgment, Not a Matter of Opinion, 74 N.Y.U. L. Rev. 123 (1999).

A "Uniform and Entire" Constitution; or What if Madison Had Won?, 15 Constitutional Commentary 251 (1998).

Why is the Supreme Court of the United States Protecting State Judges from Popular Democracy?, 75 Texas L. Rev. 907 (1997).

Popular Sovereignty, Constitutional Interpretation, and the New Jersey Constitution of 1947: A Reply to Justice O'Hern and Professor Williams, 7 Seton Hall Constitutional L. J. 839 (1997).

A New Trick from an Old and Abused Dog: Section 1441(c) Lives and Now Permits the Remand of Federal Question Cases, 63 Fordham L. Rev. 1099 (1995).

Becoming A Lawyer, 25 Seton Hall L. Rev. 863 (1994).

BOOK AND BOOK CHAPTER

Supreme Court Practice (9th edition, 2007), with Gressman, Geller, Shapiro & Bishop.

Revisions and Updates to Stern, Gressman, Shapiro & Geller, Supreme Court Practice, chapter 17 (8th edition, 2002).

OTHER PUBLICATIONS

Deciding to Decide: Reflections on the Judges' Bill of 1925, 84 Judicature 120 (Nov. / Dec. 2000).

Can a State Court Injunction Prevent a Witness from Testifying in Federal Court? 1997-98 Preview of United States Supreme Court Cases 32 (September 18, 1997).

To Dismiss or Not to Dismiss: Can a State Prisoner's First Federal Court Petition for a Writ of Habeas Corpus Be Dismissed as Abusive? 1995-96 Preview of United States Supreme Court Cases 119 (November 17, 1995).

Does Violation of the Federal Six-Hour Judicial Presentment Requirement Warrant Suppression of a Voluntary Confession? 1993-94 Preview of United States Supreme Court Cases 168 (February 18, 1994).

Does the Double Jeopardy Clause Apply to Non-Capital Sentencing? 1993-94 Preview of United States Supreme Court Cases 91 (November 29, 1993).

Do Federal Courts Have to Follow the Commentary to the Sentencing Guidelines? 1992-93 Preview of United States Supreme Court Cases 309 (March 19, 1993).