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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.



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


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)


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)


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