David Bryden

  • Professor of Law Emeritus
  • Harvard University, A.B., LL.B

Office: 433
Mondale Hall, 229 19th Avenue South
Minneapolis, MN 55455

Emeritus Professor David P. Bryden is recognized for his scholarship in the areas of constitutional law and land use planning. In addition to teaching courses in these areas, he has taught criminal law, case analysis, contracts, torts, and expository writing. Professor Bryden was named the Gray, Plant, Mooty, Mooty & Bennett Professor of Law in 1993.

Professor Bryden received an A.B. degree, magna cum laude, in Government from Harvard University. He was awarded the T. Jefferson Coolidge Prize for debate and the Fiske Scholarship to study philosophy at Trinity College, Cambridge University. Professor Bryden graduated, magna cum laude, from Harvard Law School, where he was Case Editor of the Harvard Law Review and President of the Brandeis Club.

Professor Bryden has been a member of the University of Minnesota Law School faculty since 1966 and was a Visiting Professor at the University of Kentucky College of Law. He was co-founder and Editor of Constitutional Commentary, a faculty-edited journal of constitutional law. Professor Bryden also has been an active member of the community. He has written briefs for the Minnesota Pollution Control Agency and for the Sierra Club. He drafted and lobbied for the Minnesota Wild and Scenic Rivers Act, which is the most restrictive state rivers preservation statute in the country. He is a member of the American Law Institute, the Federalist Society, and the National Organization of Scholars.

Publications

Journal Articles

  • Patriarchy, Sexual Freedom, and Gender Equality as Causes of Rape, 13 Ohio State Journal of Criminal Law 299 (2016) Erica Madore
  • The Search for Rapists’ “Real” Motives, 101 Journal of Criminal Law & Criminology 171 (2011) Maren M. Grier
  • Reason and Guesswork in the Definition of Rape, 3 Buffalo Criminal Law Review 585 (2000)
  • Redefining Rape, 3 Buffalo Criminal Law Review 317 (2000)
  • Affirmative Action: The False Promise of Compromise, 130 Public Interest 50 (1998)
  • Rape in the Criminal Justice System, 87 Journal of Criminal Law and Criminology 1194 (1997) Sonja Lengnick
  • “Other Crimes” Evidence in Sex Offense Cases, 78 Minnesota Law Review 529 (1994) Roger C. Park
  • A Conservative Case for Judicial Activism, 111 Public Interest 72 (1993)
  • Uncharged Misconduct Evidence in Sex Crime Cases: Reassessing the Rule of Exclusion, 141 Military Law Review 171 (1993) Roger C. Park
  • Is the Rehnquist Court Conservative?, 109 Public Interest 73 (1992)
  • Scholarship about Scholarship, 63 University of Colorado Law Review 641 (1992)
  • It Ain’t What They Teach, It’s the Way that They Teach It, 103 Public Interest 38 (1991)
  • The “Human Resumes” of Great Supreme Court Justices, 75 Minnesota Law Review 635 (1991) E. Christine Flaherty
  • On Race and Diversity, 6 Constitutional Commentary 383 (1989)
  • The Lost Union Card, 63 Tulane Law Review 1305 (1989)
  • How to Select a Supreme Court Justice: The Case of Robert Bork, 57 American Scholar 201 (1988)
  • Politics, the Constitution, and the New Formalism, 3 Constitutional Commentary 415 (1986)
  • The Devil’s Casebook, 3 Constitutional Commentary 313 (1986)
  • Between Two Constitutions: Feminism and Pornography, 2 Constitutional Commentary 147 (1985)
  • Mencken and Holmes, 2 Constitutional Commentary 277 (1985)
  • Brandeis’s Facts, 1 Constitutional Commentary 281 (1984)
  • What Do Law Students Learn? A Pilot Study, 34 Journal of Legal Education 479 (1984)
  • A Phantom Doctrine: The Origins and Effects of Just v. Marinette County, 1978 American Bar Foundation Research Journal 397 (1978)
  • Environmental Rights in Theory and Practice, 62 Minnesota Law Review 163 (1978)
  • The Impact of Variances: A Study of Statewide Zoning, 61 Minnesota Law Review 769 (1977)
  • Federal Injunctions Against State-Court Proceedings, 79 Harvard Law Review 170 (1965) (note)

Book Reviews

  • Book Review, 1 American Political Thought 360 (2012) (reviewing John Lewis Gaddis, George F. Kennan: An American Life (Penguin Press, 2011))
  • Book Review, 8 Constitutional Commentary 336 (1991) (reviewing Bernard Schwartz, The New Right and the Constitution: Turning Back the Legal Clock (Northeastern University Press, 1990))
  • Book Review, 5 Constitutional Commentary 531 (1988) (reviewing Archibald Cox, The Court and the Constitution (Houghton Mifflin, 1987))
  • Book Review, 4 Constitutional Commentary 493 (1987) (reviewing Justice and Equality: Here and Now (Frank S. Lucash, ed., Cornell University Press, 1986))
  • Book Review, 65 Minnesota Law Review 319 (1981) (reviewing Francis A. Allen, Law, Intellect, and Education (University of Michigan Press, 1979))

Entries in Reference Works

  • Judicial Role, in The Encyclopedia of the American Constitution: Supplement I (Leonard Levy, Kenneth Karst & Dennis Mahoney, eds., Maxwell Macmillan International, 1992)

Other Publications

  • A Right to Pastimes?, 7 Constitutional Commentary 1 (1990)
  • Originality, 6 Constitutional Commentary 1 (1989)
  • Constitutional Scholarship: What Next?, 5 Constitutional Commentary 73 (1988) (symposium)
  • Editor’s Note, 1 Constitutional Commentary 183 (1984) (law review editors on Holmes and Brandeis)
  • Teaching Constitutional Law: An Eye for the Facts, 1 Constitutional Commentary 225 (1984)
  • Teaching Constitutional Law: Homage to Clio, 1 Constitutional Commentary 131 (1984)

Contact Information

University of Minnesota Law School

Walter F. Mondale Hall | 229 19th Avenue South | Minneapolis, MN 55455

P: 612-625-5000

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