Dale Carpenter

Earl R. Larson Professor of Civil Rights and Civil Liberties Law

Dale Carpenter

350 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-625-5537

dalecarp@umn.edu

Yale College, B.A.
University of Chicago Law School, J.D.

Professor Dale Carpenter teaches and writes in the areas of constitutional law, the First Amendment, sexual orientation and the law, and commercial law. In 2007, he was appointed to the Earl R. Larson Chair in Civil Rights and Civil Liberties Law. He was the Julius E. Davis Professor of Law for 2006-07 and the Vance K. Opperman Research Scholar for 2003-04. Professor Carpenter was chosen the Stanley V. Kinyon Teacher of the Year for 2003-04 and 2005-06 and was the Tenured Teacher of the Year for 2006-07. Since 2004, he has served as an editor of Constitutional Commentary.

Professor Carpenter received his B.A. degree in history, magna cum laude, from Yale College in 1989. He received his J.D., with honors, from the University of Chicago Law School in 1992. At the University of Chicago he was Editor-in-Chief of the University of Chicago Law Review. He received both the D. Francis Bustin Prize for excellence in legal scholarship and the John M. Olin Foundation Scholarship for Law & Economics.

Professor Carpenter clerked for The Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit from 1992 to 1993. After his clerkship, he practiced as an associate at Vinson & Elkins in Houston and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco. He is a member of the state bars of Texas and California.

He is a frequent television, radio, and print commentator on constitutional law, the First Amendment, and sexual orientation and the law.

Education

University of Chicago Law School
J.D. 1992, with honors
Member, University of Chicago Law Review, 1990-91
Editor-in-Chief, University of Chicago Law Review, 1991-92
Recipient, D. Francis Bustin Prize for excellence in legal scholarship
Recipient, John M. Olin Foundation Scholarship for Law & Economics

Yale College
B.A. 1989, magna cum laude, distinction in major (history)
Recipient, John Addison Porter Prize for best American history senior essay (topic: Griswold v. Connecticut)


PUBLICATIONS

Books

Flagrant Conduct: The Story of Lawrence v. Texas (W.W. Norton, forthcoming 2008)

Articles and Book Chapters

"Institutional Review Boards, Regulatory Incentives, and Some Modest Proposals for Reform," 101 Nw. L. Rev. 687 (2007)

"Unanimously Wrong," 2006 Cato S. Ct. Rev. 217

"Four Arguments," in Defending Gay Marriage (Mark Strasser, ed., 2006) (book chapter)

"Lawrence Past," in The Future of Gay Rights in America (H.N. Hirsch, ed., 2005) (book chapter)

"Bad Arguments Against Gay Marriage," 7 Florida Coastal L. Rev. 181 (2005)

"Four Arguments Against the Federal Marriage Amendment That Even an Opponent of Gay Marriage Should Accept," 2 St. Thomas L. Rev. 71 (2004)

"The Unknown Past of Lawrence v. Texas," 102 Mich. L. Rev. 1464 (2004)

"Is Lawrence Libertarian?" 88 Minn. L. Rev. 1140 (2004)

"The Antipaternalism Principle in the First Amendment," 37 Creighton L. Rev. 579 (2004)

"Judicial Supremacy and Its Discontents," 20 Const. Comm. 405 (2003)

"Freedom of Expressive Association and Antidiscrimination Law After Dale: A Tripartite Approach," 85 Minn. L. Rev. 1515 (2001)

"A Conservative Defense of Romer v. Evans," 76 Ind. L. J. 403 (2001)

"Same-Sex Sexual Harassment Under Title VII," 37 S. Tex. L. Rev. 699 (1996)

Comment, "Bumping the Status Quo: Actual Relief for Actual Victims Under Title VII," 58 U. Ci. L. Rev. 703 (1991)

Book Reviews, Commentaries, and Briefs

"Straight Acting," Minn. L. Rev. (forthcoming 2008)

"Anti-Gay But Why Sue? Fighting eHarmony Ban on Same-Sex Matchups," Chicago Sun-Times (July 9, 2007) (op-ed)

"The Federal Marriage Amendment: Anti-democratic," Chicago Sun-Times (June 4, 2006) (op-ed)

"A Discourse: Presidential Powers in Time of War," Perspectives 35-41 (Spring 2006) (exchange with Professors Michael Paulsen and Heidi Kitrosser (available at www.law.umn.edu/uploads/images/5025/Perspectives_
06spring.pdf
)

"The Federal Marriage Amendment: Unnecessary, Anti-Federalist, and Undemocratic," The Cato Institute, June 1, 2006 (policy analysis) (available at http://cato.org/pubs/pas/pa570.pdf)

"Law school is anti-discrimination, not anti-military," Minneapolis Star-Tribune (Dec. 17, 2005) (op-ed) (co-authored with Dean Alex Johnson and Professor Beverly Balos)

"Is the Solomon Amendment Unconstitutional?," Preview of United States Supreme Court Cases 3: 143 (ABA, Nov. 28, 2005)

"Response: The Value of Institutions and the Values of Free Speech," 89 Minn. L. Rev. 1407 (2005)

"The Bonds of Common Ground," National Review Online (Oct. 25, 2005) (available at http://www.nationalreview.com/comment/
carpenter200510250830.asp
)

"Children and society would benefit, too," Minneapolis Star-Tribune (Sept. 17, 2004) (op-ed)

"Bad Arguments for Gay Marriage," in I Do/I Don't: Queers on Marriage (Suspect Thoughts Press, 2004)

"Analyzing Lawrence v. Texas," 19 Focus on Law Studies 2 (ABA 2003)

"Sodomites Owe Thanks to Texas Republicans," Houston Chronicle (July 20, 2003) (op-ed)

"Does the Texas Homosexual Conduct Law Violate the Fourteenth Amendment?", 6 Preview of United States Supreme Court Cases 341 (ABA 2003)

Brief Amicus Curiae for the Republican Unity Coalition, Lawrence v. Texas (2003) (co-author)

"Keeping Secrets," 86 Minn. L. Rev. 1097 (2002) (introduction to symposium on privacy law)

"The Limits of Gaylaw," 17 Const. Comm. 603 (2001) (book review essay)

Numerous essays on law, politics, and culture available at www.indegayforum.com

Working Projects

Traditionalism and Gay Marriage (article)

Congressional Testimony, Speeches, and Presentations

Panelist and speaker, symposium on freedom of association, University of Minnesota Law School, February 2001

Participant, Colloquium on the 40th Anniversary of Hayek's The Constitution of Liberty, San Diego, CA, November 29-December 2, 2001

Panelist and speaker, panel on freedom of association, Annual AALS Conference, January 2003

Panelist, symposium on the bicentennial of Marbury v. Madison, University of Minnesota Law School, March 2003

Commentator on Lawrence v. Texas, Daytime with Linda Vester (Fox News), June 26, 2003

Panelist, panel on Lawrence v. Texas, William Mitchell Law School, July 2003

Expert witness, testimony before the U.S. Senate Subcommittee on the Constitution on the subject, "What is Needed to Defend the Bi-Partisan Defense of Marriage Act of 1996?", September 4, 2003

Panelist and speaker, panel on Lawrence v. Texas, Cardozo Law School, October 2003

Panelist and speaker, Gay Rights After Lawrence (symposium), University of Minnesota Law School, November 21-22, 2003

Speaker, debate on same-sex marriage, University of Virginia Law School, January 19, 2004

Speaker and panelist, symposium on gay rights, South Texas College of Law, February 13, 2004

Speaker, debate on same-sex marriage, St. Thomas College of Law, March 9, 2004

Speaker, debate on same-sex marriage, William Mitchell College of Law, March 9, 2004

Speaker, debate on same-sex marriage, University of Minnesota Law School, March 10, 2004

Speaker, debate on state constitutional marriage amendment, on "Face to Face," Twin Cities Public Television, April 1, 2004

Speaker and panelist, presentation on same-sex marriage, Carleton College, April 8, 2004

Moderator, debate on same-sex marriage, University of Minnesota, April 15, 2004

Speaker, presentation on same-sex marriage, University of Missouri Law School, April 19, 2004

Speaker, debate on same-sex marriage, St. Olaf College, May 4, 2004

Panelist, First Amendment Symposium sponsored by the Minnesota League of Cities, Brainerd, Minnesota, July 21, 2004

Speaker, debate on same-sex marriage, University of Minnesota, September 16, 2004

Panelist and speaker, symposium on the First Amendment, University of Minnesota Law School, October 22, 2004

Speaker, presentation on the recognition of gay families, sponsored by the Liberty Education Forum, New Orleans, April 1, 2005

Panelist, Conference on State Marriage Amendments, Georgia State University, April 16, 2005

Speaker, Debate on the constitutionality of the Solomon Amendment, University of Minnesota Law School, September 26, 2005

Speaker, Debate on the Texas Marriage Amendment, University of Houston Law School, October 10, 2005

Speaker, Debate on the Texas Marriage Amendment, South Texas College of Law, October 11, 2005

Moderator, Symposium: "The Future of the Supreme Court: Institutional Reform and Beyond," University of Minnesota Law School, October 21, 2005

Speaker, Fifth Annual Conference on Sexual Orientation and the Law, UCLA Law School, February 24, 2006

Speaker, Conference: Censorship and Institutional Review Boards, Northwestern University Law School, April 6-7, 2006

Panelist, Is the Federal Marriage Amendment Consistent with Federalism and American Values? (broadcast live by CSPAN), sponsored by the Cato Institute and the Center for American Progress, Washington, D.C., June 5, 2006

Speaker, Summer CLE, The Constitution in the Rehnquist Court, University of Minnesota Law School, May 31, 2006

Panelist, Rumsfeld v. FAIR, Cato Institute, Washington, D.C., Sept. 14, 2006

Speaker, Against the Wisconsin Marriage Amendment, University of Wisconsin-Superior, Sept. 18, 2006

Speaker, Rumsfeld v. FAIR, University of Minnesota Constitution Day, Sept. 19, 2006

Speaker, Washington Marriage Decision, Seattle Federalist Society, Oct. 2, 2006

Panelist, Opening of Log Cabin Archives, Tretter Collection, University of Minnesota, Oct. 7, 2006

Debater, Gay Marriage, University of Minnesota Law School, Oct. 17, 2006

Speaker, New Jersey Marriage Decision, Federalist Society, Rutgers Law School, Nov. 6, 2006

Speaker, The Conservative Case, Case Western reserve law School, Mar. 5, 2007

Speaker, Symposium on law and identity, University of Minnesota Law School, April 7, 2007

Speaker, Summer CLE, The Constitution in the Rehnquist Court and Beyond, University of Minnesota Law School, June 4, 2007

Faculty Workshop, Traditionalism and Gay Marriage, Southern Methodist University Law School, Sept. 11, 2007

Panelist, National Family Law Symposium, University of Richmond Law School, Sept. 16, 2007

Speaker, "Where is the Supreme Court headed?" League of Women Voters, Nothfield, Minnesota, Sept. 29, 2007

Faculty workshop, Traditionalism and Gay Marriage, University of Missouri Law School, Oct. 15, 2007

Speaker, Symposium on same-sex marriage and gay adoption, Brigham Young University Law School, Nov. 2, 2007

Organizer of symposium and speaker: "Is Gay Marriage Conservative?" South Texas College of Law, February 15, 2008

Faculty workshop, Traditionalism and Gay Marriage, Hofstra Law School, April 7, 2008

COURSES

Courses

Constitutional Law I

Seminars

Sexual Orientation and the Law
First Amendment