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Heidi Kitrosser

Professor of Law

Heidi Kitrosser

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

612-626-3070

hdk@umn.edu

University of California–Los Angeles, B.A.
Yale Law School, J.D.

Professor Heidi Kitrosser joined the University of Minnesota faculty as an associate professor in 2006, after serving as a visiting associate professor at the Law School from 2005-2006. She was an assistant professor at Brooklyn Law School from 2003-2006.

Professor Kitrosser writes primarily about constitutional law, particularly free speech, separation of powers and government secrecy. The subjects that she has taught include constitutional law, First Amendment law and government secrecy.

Professor Kitrosser graduated from UCLA in 1992, summa cum laude and Phi Beta Kappa, with a B.A. in political science. She received her J.D. degree from Yale Law School in 1996. During her third year at Yale, she won the Harlan Fiske Stone Prize for best oral argument in the Morris Tyler Moot Court of Appeals.

Following law school, she clerked for Judge William Rea on the District Court for the Central District of California and for Judge Judith Rogers on the United States Court of Appeals for the District of Columbia Circuit. She also worked as an associate at the Washington, D.C., office of Jenner & Block.

Professor Kitrosser has taught as a visiting assistant professor at Northwestern University School of Law, the University of Oregon School of Law and Santa Clara Law School.


For more information, download Professor Kitrosser's CV here.

PUBLICATIONS

Books

Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution (University of Chicago Press, forthcoming 2015)

Journal Articles

Free Speech aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information, 6 Journal of National Security Law & Policy 409 (2013)

Scientific Integrity: The Perils and Promise of White House Administration, 79 Fordham Law Review 2395 (2011)

What If Daniel Ellsberg Hadn't Bothered?, 45 Indiana Law Review 89 (2011)

It Came From Beneath the Twilight Zone: Wiretapping and Article II Imperialism, 88 Texas Law Review 1401 (2010)

National Security and the Article II Shell Game, 26 Constitutional Commentary 483 (2010)

Supremely Opaque: Accountability, Transparency, and Presidential Supremacy, 5 University of St. Thomas Journal of Law and Public Policy 62 (2010)

Accountability and Administrative Structure, 45 Willamette Law Review 607 (2009)

The Accountable Executive, 93 Minnesota Law Review 1741 (2009)

Classified Information Leaks and Free Speech, 2008 University of Illinois Law Review 881 (2008), reprinted in First Amendment Law Handbook, 2008-09 ed. (Rodney A. Smolla, ed., Thomson Reuters/West, 2008)

Congressional Oversight of National Security Activities: Improving Information Funnels, 29 Cardozo Law Review 1049 (2008)

"Macro-Transparency" as Structural Directive: A Look at the NSA Surveillance Controversy, 91 Minnesota Law Review 1163 (2007)

Secrecy and Separated Powers: Executive Privilege Revisited, 92 Iowa Law Review 489 (2007)

Containing Unprotected Speech, 57 Florida Law Review 843 (2005)

Secrecy in the Immigration Courts and Beyond: Considering the Right to Know in the Administrative State, 39 Harvard Civil Rights - Civil Liberties Law Review 95 (2004), reprinted in 25 Immigration and Nationality Law Review 193 (2004))

From Marshall McLuhan to Anthropomorphic Cows: Communicative Manner and the First Amendment, 96 Northwestern University Law Review 1339 (2002)

Meaningful Consent: Toward a New Generation of Statutory Rape Laws, 4 Virginia Journal of Social Policy and the Law 287 (1997)

Entries in Reference Works

Globe Newspaper Co. v. Superior Court (1982), in Encyclopedia of the First Amendment 517 (John R. Vile, David L. Hudson Jr. & David Schultz, eds., CQ Press, 2009)

Press-Enterprise Co. v. Superior Court of California (1984) (1986), in Encyclopedia of the First Amendment 873 (John R. Vile, David L. Hudson Jr. & David Schultz, eds., CQ Press, 2009)

Richmond Newspapers, Inc. v. Virginia (1980), in Encyclopedia of the First Amendment 930 (John R. Vile, David L. Hudson Jr. & David Schultz, eds., CQ Press, 2009)

United States v. Eichman (1990), in Encyclopedia of the First Amendment 1096 (John R. Vile, David L. Hudson Jr. & David Schultz, eds., CQ Press, 2009)

Editorials, Commentary & Letters

Presidential Secrecy and The NSA Spying Controversy, JURIST (Feb. 27, 2006) (op-ed)

Other Publications

Rethinking Presidential Supremacy, 57 Wayne Law Review 227 (2011) (transcript of comments on executive power in the wake of 9/11)

Reclaiming Skepticism: Lessons from Guantanamo, 35 William Mitchell Law Review 5067 (2009) (invited contribution to National Security Forum issue)

Constitutional Interpretation and the "World Out There": An Introduction to the Symposium, 72 Brooklyn Law Review 1 (2006) (symposium issue, Justice Blackmun and Judicial Biography: A Conversation With Linda Greenhouse)

A Discourse: Presidential Powers in Time of War, Perspectives: The Magazine of the University of Minnesota Law School 35-41 (Spring 2006) (exchange) (with Michael Paulsen & Dale Carpenter)

Revisiting Executive Privilege, Perspectives: The Magazine of the University of Minnesota Law School 31-34 (Spring 2006)

Testimony

Restoring the Rule of Law: Hearing before the Subcommittee on the Constitution of the Senate Committee on the Judiciary, 110th Cong., 2d Sess. (Sept. 16, 2008) (testimony)

Secret Law and the Threat to Democratic and Accountable Government: Hearing before the Subcommittee on the Constitution of the Senate Committee on the Judiciary, 110th Cong., 2d Sess. (Apr. 30, 2008) (testimony)

COURSES

Constitutional Law
First Amendment
Administrative Law