John F. Manning (born April 11, 1961) is an American
educator and
lawyer. Manning is currently the Morgan and Helen Chu dean and professor of
Harvard Law School.
Career
Manning graduated from
Harvard College
Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
in 1982 and lived in
Thayer Hall during his freshman year. He then graduated from Harvard Law School in 1985. Following law school, he served as a law clerk to Judge
Robert Bork
Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American jurist who served as the solicitor general of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the U.S. Cour ...
at the
. He then served as a law clerk to Justice
Antonin Scalia for the Supreme Court's 1988 term. Manning also worked two stints at the Justice Department's Office of Legal Counsel (OLC) and in the Solicitor General's office.
He began teaching at
Columbia Law School
Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
in 1994 and was the
Michael I. Sovern Professor of Law. Manning was brought to Harvard Law School by Dean
Elena Kagan to help shore up Harvard Law School's expertise in public law; he is an expert in administrative law and a constitutional scholar of
textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, th ...
.
Manning's hiring, along with that of
Jack Goldsmith
Jack Landman Goldsmith III (born September 26, 1962) is an American legal scholar. He is a professor at Harvard Law School who has written extensively in the fields of international law, civil procedure, federal courts, conflict of laws, and na ...
, and
Adrian Vermeule, has "helped assuage complaints that Harvard marginalized
conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
views."
Manning is also an expert on
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
issues.
On July 23, 2012, the Supreme Court appointed Manning ''
amicus curiae'', in ''Sebelius v. Auburn Regional Medical Center''. He argued the case on December 4, 2012.
On April 30, 2013, Manning was elected to the
American Academy of Arts and Sciences
The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, a ...
.
On January 5, 2017,
Martha Minow
Martha Louise Minow (born December 6, 1954) is an American legal scholar and the 300th Anniversary University Professor at Harvard University. She served as the Dean of Harvard Law School between 2009 and 2017 and has taught at the Law School sin ...
, then-dean at Harvard Law School, announced that she would be stepping down as dean at the end of the academic year. On June 1, 2017, Manning was formally announced as the law school's next Dean, beginning on July 1, 2017. Manning, a textualist legal scholar, whose selection drew criticism from some progressive and liberal groups, has stated that his academic background "will not affect how he leads the Law School."
Published works
Manning is the coauthor of two leading textbooks:
*''Hart and Wechsler's The Federal Courts and the Federal System'' (6th ed. 2009) (with Richard H. Fallon, Jr.,
Daniel J. Meltzer, and David L. Shapiro).
*''Legislation and Regulation'' (2010) (with
Matthew C. Stephenson).
He has also written more than thirty law review articles. Some of his most-cited pieces are:
''Constitutional Structure and Judicial Deference to Agency Interpretations of Agency Rules'' 96
Colum. L. Rev. 612 (1996)
''Textualism as a Nondelegation Doctrine'' 97 Colum. L. Rev. 673 (1997)
''The Nondelegation Doctrine as a Canon of Avoidance'' 2000
Sup. Ct. Rev. 223 (2000)
*''Textualism and the Equity of the Statute'', 101
Colum. L. Rev. 1 (2001)
''The Absurdity Doctrine'' 116
Harv. L. Rev. 2387 (2003)
''The Eleventh Amendment and the Reading of Precise Constitutional Texts'' 113
Yale L.J. 1663 (2004).
''Nonlegislative Rules'' 72
Geo. Wash. L. Rev. 893 (2004).
''Textualism and Legislative Intent'' 91
Va. L. Rev. 419 (2005).
* ''What Divides Textualists from Purposivists?'',
106 Colum. L. Rev. 70 (2006).
''Federalism and the Generality Problem in Constitutional Interpretation'' 122
Harv. L. Rev. 2003 (2009).
Competing Presumptions About Statutory Coherence ''74 Fordham L. Rev. 2009 (2006)''
Continuity and the Legislative Design ''79 Notre Dame L. Rev. 1863 (2004)''
Cases argued in front of the Supreme Court:
(2012)
American Dredging Company v. Miller(1993)
Security Services, Inc. v. Kmart Corporation(1993)
Williamson v. United States(1993)
Conroy v. Aniskoff(1992)
Federal Communications Commission v. Beach Communications, Inc.(1992)
Parke v. Raley(1992)
Zafiro v. United States(1992)
Barker v. Kansas(1991)
See also
*
References
External links
Harvard Faculty BioJohn F. Manning videos at C-SPAN.
Appearances at U.S. Supreme Court Oyez.org
{{DEFAULTSORT:Manning, John F.
1961 births
Living people
Harvard College alumni
Harvard Law School alumni
Law clerks of the Supreme Court of the United States
Columbia Law School faculty
Harvard Law School faculty
American lawyers
American legal scholars
American legal writers
Fellows of the American Academy of Arts and Sciences
Massachusetts Republicans
American scholars of constitutional law
Deans of Harvard Law School