Ellen D. Katz
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Ellen D. Katz (born 1968 or 1969) is an American legal scholar at the
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
. Katz has written "a significant body of scholarship on
voting rights Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
and election law" and has also written and taught on
equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
,
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
, and
legal history Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and histo ...
.Faculty profile: Ellen D. Katz
University of Michigan Law School.
History and Traditions - Ellen D. Katz
University of Michigan Law School.
A scholar of the
Voting Rights Act The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
, she wrote a widely cited empirical study of litigation under that act.


Education and career

Katz received her B.A in history '' summa cum laude'' from
Yale College Yale College is the undergraduate college of Yale University. Founded in 1701, it is the original school of the university. Although other Yale schools were founded as early as 1810, all of Yale was officially known as Yale College until 1887, ...
in 1991, and her J.D. in 1994 from
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
, where she was articles editor of the '' Yale Law Journal''. Katz served as a law clerk to Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit and then for
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
David Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
of the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. Katz was an attorney with the
appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
sections of the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
Civil Division and Environment and Natural Resources Division before joining the Michigan Law faculty in 1999. Katz's work focuses on minority representation, political equality, and anti-discrimination law. Katz's work has been published in various law journals, including the ''
Michigan Law Review The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School. History The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department ...
'' and the ''
University of Pennsylvania Law Review The ''University of Pennsylvania Law Review'' is a law review published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been publishe ...
''. At Michigan, Katz has taught
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
,
voting rights Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
and election law, law and
political participation Citizen Participation or Public Participation in social science refers to different mechanisms for the public to express opinions—and ideally exert influence—regarding political, economic, management or other social decisions. Participato ...
,
education law Education policy consists of the principles and policy decisions that influence the field of education, as well as the collection of laws and rules that govern the operation of education systems. Education governance may be shared between the local ...
, and local government law, among other courses. Katz has been described as "a liberal law professor and a big fan of the Voting Rights Act of 1965," describing the act as "sacred." However, she has also said that
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
should rework the current VRA, and consider "whether the old remedies continue to be the right remedies at this moment going forward." Richard L. Hasen described this as "remarkable" because of Katz's past defenses of the constitutionality of the VRA's section 5. Katz was a critic of the Supreme Court decision in ''
Northwest Austin Municipal Utility District No. 1 v. Holder ''Northwest Austin Municipal Utility District No. 1 v. Holder'', 557 U.S. 193 (2009), was a decision of the United States Supreme Court regarding Section 5 of the Voting Rights Act of 1965, and in particular its requirement that proposed electoral ...
'' in 2009, stating that its narrow statutory, rather than constitutional, ruling was "an improbable one" that "allows just everybody involved in the case to declare victory." Katz is a critic of the Supreme Court's " congruence and proportionality" test for the
congressional power of enforcement A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "''The Congress shall have power to enforce this article by appropriate legislation''" is used, with slight variations, in A ...
of the Fourteenth and
Fifteenth In music, a fifteenth or double octave, abbreviated ''15ma'', is the interval between one musical note and another with one-quarter the wavelength or quadruple the frequency. It has also been referred to as the bisdiapason. The fourth harmonic, ...
amendments, arguing in her 2003 article ''Reinforcing Representation'' that the framers of these Reconstruction amendments intended Congress to have broader power. Katz has contributed to Richard L. Hasen's Election Law Blog. In Katz's 2009 article ''Withdrawal: The Roberts Court and the Retreat from Election Law'', Katz examined four important election law decisions of the
Roberts Court The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. It is generally considered to be more conservative than the preceding Rehnquist Court and the most cons ...
('' Lopez Torres'', ''
Washington State Grange Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...
'', ''
Crawford Crawford may refer to: Places Canada * Crawford Bay Airport, British Columbia * Crawford Lake Conservation Area, Ontario United Kingdom * Crawford, Lancashire, a small village near Rainford, Merseyside, England * Crawford, South Lanarkshire, a ...
'', and '' Riley'') and criticized the Court's "retreat from its longstanding role as the primary guardian of voting rights" as "coming close to embracing empty
formalism Formalism may refer to: * Form (disambiguation) * Formal (disambiguation) * Legal formalism, legal positivist view that the substantive justice of a law is a question for the legislature rather than the judiciary * Formalism (linguistics) * Scie ...
."


Personal life

Katz is married to Daniel Halberstam, who is also a professor at the University of Michigan Law School.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 3) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mos ...


References


External links


Faculty profile
from the University of Michigan Law School {{DEFAULTSORT:Katz, Ellen D. 1960s births Living people Year of birth missing (living people) Place of birth missing (living people) Yale Law School alumni University of Michigan Law School faculty Law clerks of the Supreme Court of the United States Yale College alumni