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Edward Hartnett   

Professor Edward A. Hartnett

Richard J. Hughes Professor of Law


Professor Edward A. Hartnett specializes in Constitutional Law and Federal Courts with a particular emphasis on the history and practice of the Supreme Court of the United States.

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.

SELECTED PUBLICATIONS

LAW REVIEW ARTICLES


Summary Reversals in the Roberts Court, 38 Cardozo L. Rev. 591 (2016)

Facial and As-Applied Challenges to the Patient Protection and Affordable Care Act, 46 Rich. L. Rev. 745 (2012)

Taming Twombly: An Update After Matrixx, 75 Law and Contemporary Problems 37 (2012)

Responding to Twombly and Iqbal: Where Do We Go From Here?, 96 Iowa Law Review Bulletin 24 (2010)

Taming Twombly, Even After Iqbal, 158 U. PA. L. Rev. 473 (2010)

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

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)

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))

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

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)

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

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

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

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

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)

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)

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

BOOKS AND BOOK CHAPTERS


Supreme Court Practice, 11th edition (forthcoming) (with Geller, Shapiro, Bishop & Himmelfarb)

Third Circuit Model Civil Jury Instructions, Thomson Reuters (2018) (co-reporter for Committee)

Third Circuit Model Civil Jury Instructions, Thomson Reuters (2015) (co-reporter for Committee)

Supreme Court Practice, 10th edition (2013) (with Geller, Shapiro, Bishop & Himmelfarb)

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

OTHER PUBLICATIONS


Report to the Standing Committee on the Federal Judiciary of the American Bar Association Evaluating the Writings of Judge Merrick B. Garland, Nominee to the Supreme Court of the United States (2016)

Report of the New Jersey State Bar Association Task Force on Judicial Independence, Member of Task Force (May 2015)

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

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

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

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

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

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)

Preview of United States Supreme Court Cases, (November 17, 1995)

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)

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)

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)

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

CASE BOOKS


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