Professor James Fleming

James E. Fleming
Professor of Law
Fordham University School of Law
140 West 62nd Street
New York, New York 10023-7485
Telephone: (212) 636-6839
Facsimile: (212) 636-6899
Email: jfleming@mail.lawnet.fordham.edu

Courses Taught:

Constitutional Law
Constitutional Theory
Remedies

Publications:

Securing Constitutional Democracy (book in progress)
"The Constitution Goes to Yale," (article in progress)
"Some Questions for Civil Society-Revivalists," (with Linda C. McClain) (article in progress)
"The Parsimony of Libertarianism," (article in progress)
"We the Unconventional American People," 65 University of Chicago Law Review 1513 (1998)
"The Right of Privacy in Sandel's Procedural Republic," in Debating Democracy's Discontent 248 (Anita L. Allen and Milton C. Regan, Jr., eds., Oxford University Press, 1998) (with Linda C. McClain)
"Constitutional Tragedy in Dying: Or Whose Tragedy Is It, Anyway?," in Constitutional Stupidities, Constitutional Tragedies 162 (William N. Eskridge, Jr. and Sanford Levinson, eds., New York University Press, 1998)
"Constitutional Tragedy in Dying: Responses to Some Common Arguments Against the Constitutional Right to Die," 24 Fordham Urban Law Journal 881 (1997)
"In Search of a Substantive Republic," 76 Texas Law Review 509 (1997) (with Linda C. McClain)
"Original Meaning Without Originalism," 85 Georgetown Law Journal 1849 (1997)
"Fidelity to Our Imperfect Constitution," 65 Fordham Law Review 1335 (1997)
American Constitutional Interpretation (2d ed. Foundation Press, 1995) (with Walter F. Murphy and Sotirios A. Barber)
"Securing Deliberative Autonomy," 48 Stanford Law Review 1 (1995)
"We the Exceptional American People," 11 Constitutional Commentary 355 (1994)
"Constructing the Substantive Constitution," 72 Texas Law Review 211 (1993)
"A Critique of John Hart Ely's Quest for the Ultimate Interpretivism of Representative Democracy," 80 Michigan Law Review 634 (1982)

Education:

University of Missouri, B.A. 1977, summa cum laude
Princeton, A.M. 1981; Ph.D. (Politics) 1988
Harvard, J.D. 1985, magna cum laude

Employment History:

Research Fellow, The Brookings Institution, 1981-82
Associate, Cravath, Swaine & Moore, 1986-91
Associate Professor of Law, Fordham, 1991-98
Professor of Law, Fordham, 1998-present

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