Paul Finkelman (born November 15, 1949) is an American legal
historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human species; as well as the ...
. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history, and baseball. He has also published more than 200 scholarly articles on these and many other subjects. From 2017 to 2022, Finkelman served as the President and Chancellor of
Gratz College,
Melrose Park, Pennsylvania, the oldest independent Jewish college in the United States.
Education
Finkelman was born in
Brooklyn
Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
, New York, and grew up in
Watertown, where he attended public schools. He received his undergraduate degree in
American studies
American studies or American civilization is an interdisciplinarity, interdisciplinary field of scholarship that examines American literature, History of the United States, history, Society of the United States, society, and Culture of the Unit ...
from
Syracuse University
Syracuse University (informally 'Cuse or SU) is a Private university, private research university in Syracuse, New York, United States. It was established in 1870 with roots in the Methodist Episcopal Church but has been nonsectarian since 1920 ...
in 1971, and his master's degree and doctorate in American history from the
University of Chicago
The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...
in 1972 and 1976. At Chicago, he was a student of
Stanley Nider Katz and
John Hope Franklin and a contributor to the volume, ''The Facts of Reconstruction: Essays in Honor of John Hope Franklin,'' edited by Eric Anderson & Alfred A. Moss, Jr. (Baton Rouge: Louisiana State University Press, c.1991). Finkelman was also a Fellow in Law and Humanities at
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, 1982–83.
Academic positions and honors
Finkelman has held many positions teaching law and history including
Gustavus Adolphus College,
St. Peter, Minnesota (Robert E. and Susan T. Rydell Visiting Professor 2022-23),
Albany Law School (President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow in the Government Law Center),
University of Tulsa College of Law
The University of Tulsa College of Law is the law school of the private University of Tulsa in Tulsa, Oklahoma. For 2023, ''U.S. News & World Report'' ranked the University of Tulsa College of Law at No. 111 among all law schools in the United S ...
(Chapman Distinguished Professor of Law, 1999–2006),
University of Akron School of Law (John F. Seiberling Professor, 1998–99),
Cleveland-Marshall College of Law (Baker & Hostetler Visiting Professor, 1997–98),
Hamline Law School (Distinguished Visiting Professor, spring 1997),
University of Miami
The University of Miami (UM, UMiami, Miami, U of M, and The U) is a private university, private research university in Coral Gables, Florida, United States. , the university enrolled 19,852 students in two colleges and ten schools across over ...
(Charlton W. Tebeau Visiting Research Professor, 1996),
Chicago-Kent College of Law (fall 1995),
Virginia Tech
The Virginia Polytechnic Institute and State University, commonly referred to as Virginia Tech (VT), is a Public university, public Land-grant college, land-grant research university with its main campus in Blacksburg, Virginia, United States ...
(1992–95),
Brooklyn Law School
Brooklyn Law School (BLS) is a Private university, private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and adjunct faculty.
...
, (1990–92),
SUNY Binghamton (1984–1990),
University of Texas
The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas, United States. Founded in 1883, it is the flagship institution of the University of Texas System. With 53,082 students as of fall 2 ...
(1978–84),
University of Texas Law School (Spring 1982),
Washington University in St. Louis (Andrew W. Mellon Faculty Fellow, 1977–78) and
University of California, Irvine
The University of California, Irvine (UCI or UC Irvine) is a Public university, public Land-grant university, land-grant research university in Irvine, California, United States. One of the ten campuses of the University of California system, U ...
(1976–77).
He received fellowships from the
National Endowment for the Humanities
The National Endowment for the Humanities (NEH) is an independent federal agency of the U.S. government, established by thNational Foundation on the Arts and the Humanities Act of 1965(), dedicated to supporting research, education, preserv ...
, the
American Philosophical Society
The American Philosophical Society (APS) is an American scholarly organization and learned society founded in 1743 in Philadelphia that promotes knowledge in the humanities and natural sciences through research, professional meetings, publicat ...
, the
Library of Congress
The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...
,
Yale University
Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
,
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, and the
American Council of Learned Societies
The American Council of Learned Societies (ACLS) is a private, nonprofit federation of 75 scholarly organizations in the humanities and related social sciences founded in 1919. It is best known for its fellowship competitions which provide a ra ...
. American institutions at which he was a resident scholar include:
Transylvania University,
Mississippi State University
Mississippi State University for Agriculture and Applied Science, commonly known as Mississippi State University (MSU), is a Public university, public land-grant university, land-grant research university in Mississippi State, Mississippi, Un ...
, the
University of Seattle School of Law, and
St. Bonaventure University
St. Bonaventure University is a private university, private Franciscan university in St. Bonaventure, New York. It has 2,760 undergraduate and graduate students. The Order of Friars Minor, Franciscans established the university in 1858.
In ath ...
. In 2009, Finkelman gave the Nathan A. Huggins lectures at the W.E.B. DuBois Center at Harvard University. His 2018 book ''Supreme Injustice: Slavery in the Nation's Highest Court'' was based on these lectures. Since 2001, Finkelman has been a Distinguished Lecturer for the
Organization of American Historians. He received the Joseph L. Andrews Award from
American Association of Law Libraries in 1986, and in 1995, was named Historian of the Year by the Virginia Social Science Association.
Finkelman has also lectured on behalf of the U.S. State Department in Colombia, Germany, Japan, and China. He spent part of the fall 2008 semester at
Osaka University in Japan, as a visiting research scholar. He was twice a fellow of the
Japan Society for the Promotion of Science, resident at
Nanzan University in Nagoya, Japan, in 2001 and in 2011–12.
In 2012, Finkelman was the John Hope Franklin Visiting Professor of American Legal History at
Duke Law School. In spring 2014, he was the Justice Pike Hall, Jr. Visiting Professor at the
Paul M. Hebert Law Center
The Paul M. Hebert Law Center, often styled "LSU Law", is a Public university, public law school in Baton Rouge, Louisiana. It is part of the Louisiana State University System and located on the main campus of Louisiana State University.
Because ...
of
Louisiana State University
Louisiana State University and Agricultural and Mechanical College, commonly referred to as Louisiana State University (LSU), is an American Public university, public Land-grant university, land-grant research university in Baton Rouge, Louis ...
in
Baton Rouge
Baton Rouge ( ; , ) is the List of capitals in the United States, capital city of the U.S. state of Louisiana. It had a population of 227,470 at the 2020 United States census, making it List of municipalities in Louisiana, Louisiana's second-m ...
. Throughout 2014 and 2015, Finkelman was a Senior Fellow at the Penn Program on Democracy, Citizenship, and Constitutionalism at the
University of Pennsylvania
The University of Pennsylvania (Penn or UPenn) is a Private university, private Ivy League research university in Philadelphia, Pennsylvania, United States. One of nine colonial colleges, it was chartered in 1755 through the efforts of f ...
and a Scholar-in-Residence at the
National Constitution Center
The National Constitution Center is a non-profit institution that is devoted to the study of the Constitution of the United States. Located at the Independence Mall (Philadelphia), Independence Mall in Philadelphia, Pennsylvania, the center is a ...
. In 2015, he was appointed the Ariel F. Sallows Visiting Professor of Human Rights Law at the
University of Saskatchewan College of Law. In 2017 he was the John E. Murray Visiting Professor of Law at the
University of Pittsburgh School of Law. In the Fall of 2017 he held a Fulbright Chair in Human Rights and Social Justice at the
University of Ottawa
The University of Ottawa (), often referred to as uOttawa or U of O, is a Official bilingualism in Canada, bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ot ...
. In 2022-23, he was a research affiliate at the Max and Tessie Zelikovitz Centre for Jewish Studies,
Carleton University
Carleton University is an English-language public university, public research university in Ottawa, Ontario, Canada. Founded in 1942 as Carleton College, the institution originally operated as a private, non-denominational evening college to se ...
,
Ottawa
Ottawa is the capital city of Canada. It is located in the southern Ontario, southern portion of the province of Ontario, at the confluence of the Ottawa River and the Rideau River. Ottawa borders Gatineau, Gatineau, Quebec, and forms the cor ...
,
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
.
From 2003 to 2006, Finkelman was President of the 1921 Tulsa Race Riot Memorial Foundation. In 2009, he was elected a member of the American Antiquarian Society. Since 2003, he has been a board member of the Gilder Lehrman Center for the Study of Slavery, Abolition, and Resistance at Yale University. Since 2001, he has been the scholar/convener of the annual scholarly conference of the U.S. Capitol Historical Society.
Finkelman was a elected a
Fellow of the Royal Historical Society in May 2025.
Expert witness and analyst
Called an "excellent legal historian" even by scholars who disagree with him, Finkelman was an expert witness against
Alabama Supreme Court Chief Justice
Roy Moore in ''
Glassroth v. Moore'', the 2002 "Ten Commandments" case. He also served as an expert witness for the plaintiff in ''
Popov v. Hayashi'' (California Superior Court, 2002), which determined who owned
Barry Bonds's 73rd home run ball. Professor Finkelman has also been part of ''
amicus curiae
An amicus curiae (; ) is an individual or organization that is not a Party (law), party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Wheth ...
'' briefs for cases related to
Guantanamo Bay detainment camp, gay marriage in
New York State
New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
,
affirmative action
Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
, and
separation of church and state
The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to ...
. In 2013, he was the lead named amicus in briefs before the Supreme Court involving affirmative action (''
Schuette v. Coalition to Defend Affirmative Action'') and prayer delivered at public meetings (''
Town of Greece v. Galloway''). The U.S. Supreme Court has cited Finkelman six times, including in Justice Ruth Bader Ginsburg's majority opinion in ''Timbs v. Indiana'' (2019).
In April 2007, Finkelman appeared at Harvard Law School for a retrial of the ''
Dred Scott v. Sandford'' case. He was an expert witness for Sandford. Attorney
Kenneth Starr
Kenneth Winston Starr (July 21, 1946 – September 13, 2022) was an American lawyer and judge who as Special prosecutor, independent counsel authored the Starr Report, which served as the basis of the impeachment of Bill Clinton. He headed an i ...
was another expert witness before the mock court of federal justices, led by
U.S. Supreme Court Justice
Stephen Breyer.
Finkelman has also appeared in several historical films, including
Ken Burns's
documentary on Thomas Jefferson (for which he was invited to the Clinton White House), and a documentary about the Barry Bonds' home run ball, ''
Up for Grabs''. Television and radio programs which have used him as an analyst have been broadcast on
NPR,
PBS,
CNN, and
ESPN
ESPN (an initialism of their original name, which was the Entertainment and Sports Programming Network) is an American international basic cable sports channel owned by the Walt Disney Company (80% and operational control) and Hearst Commu ...
. Finkelman has served on numerous editorial and advisory boards, as well as delivered more than 150 papers and lectures in the United States, and in Austria, Canada, China, Colombia (SA), France, Germany, Ireland (Eire), Israel, Italy, Japan, Switzerland, and the United Kingdom.
Publications
Finkelman has published more than 50 books and hundreds of scholarly articles. His interests include
slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, race,
civil rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
,
civil liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
, the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
and
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
, and baseball. Finkelman was listed as one of the ten most-cited legal historians in
Brian Leiter's survey of most-cited law professors by specialty from 2000 to 2014.
Finkelman has also written numerous entries for encyclopedias and reference works. More than eighty short book reviews he has written have appeared in a wide variety of scholarly journals. His essays, op-eds and blogs have been published in ''
The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', ''
The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'',''
The Atlantic
''The Atlantic'' is an American magazine and multi-platform publisher based in Washington, D.C. It features articles on politics, foreign affairs, business and the economy, culture and the arts, technology, and science.
It was founded in 185 ...
'', ''
Washington Monthly'', ''
Los Angeles Review of Books'',
Jewish Review of Books, ''
USA Today
''USA Today'' (often stylized in all caps) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth in 1980 and launched on September 14, 1982, the newspaper operates from Gannett's corporate headq ...
'', ''
The Baltimore Sun'', the ''
Huffington Post
''HuffPost'' (''The Huffington Post'' until 2017, itself often abbreviated as ''HPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and covers ...
'',
theRoot.com, and other non-scholarly avenues. Among them have been about
Thomas Jefferson's relationship with slavery and several concerning the American Civil War in the Disunion section of ''The New York Times The Opinionator blog. While at the
SUNY Binghamton, Finkelman edited the 18-volume ''Articles on American Slavery'', collecting nearly 400 important articles on slavery in the United States, which Garland Publishing published in 1989. Finkelman also edited ''The Political Lincoln: An Encyclopedia'' (2009), published by
CQ Press
CQ Press, a division of SAGE Publishing, publishes books, directories, periodicals, and electronic products on American government and politics, with an expanding list in international affairs and journalism and mass communication.
History
Nelso ...
, and is an advisor to the
Abraham Lincoln Bicentennial Commission. He is the editor-in-chief of the book series, ''Routledge Historical Americans'', co-editor-in-chief of ''Studies in Southern Legal History'' at the University of Georgia Press, and co-editor of ''Law Politics and Society in the Midwest'' at Ohio University Press.
His 2018 book ''Supreme Injustice: Slavery in the Nation’s Highest Courts'', which documents the racist personal and legal practices of pre-
Civil War
A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
Chief Justices
John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American statesman, jurist, and Founding Fathers of the United States, Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remai ...
and
Roger B. Taney
Roger Brooke Taney ( ; March 17, 1777 – October 12, 1864) was an American lawyer and politician who served as the fifth Chief Justice of the United States, chief justice of the United States, holding that office from 1836 until his death in 186 ...
and Associate Justice
Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin ...
, provided evidentiary impetus for the change of name of
UIC John Marshall Law School to the
University of Illinois Chicago School of Law,
["UIC renaming John Marshall Law School"]
by Stefano Esposito, ''Chicago Sun-Times'', May 21, 2021. Retrieved May 26, 2021. and the change of the name Cleveland-Marshall Law School to
Cleveland State University College of Law
Cleveland State University College of Law is the law school of Cleveland State University, a public research university in Cleveland, Ohio. It traces its origins to Cleveland Law School, founded in 1897, which merged in 1946 with the John Mars ...
.
Selected works
* ''A Brief Narrative of the Cast and Tryal of
John Peter Zenger''. Bedford/St. Martin's, 2010.
* ''A History of Michigan Law''. Co-edited with Martin J. Hershock. Ohio University Press, 2006.
* ''A March of Liberty: A Constitutional History of the United States''. With
Melvin I. Urofsky. 2 vols. 3rd ed., Oxford University Press, 2011.
* ''American Legal History: Cases and Materials''. With
Kermit L. Hall and James W. Ely, Jr. 5th ed., Oxford University Press, 2017.
* ''An Imperfect Union: Slavery, Federalism, and Comity''. University of North Carolina Press, 1981. Reprint: Lawbook Exchange, 2001.
* ''Baseball and the American Legal Mind''. With Spencer Waller and Neil Cohen. Garland, 1995.
* ''Congress and the Crisis of the 1850s''. Co-edited with Donald R. Kennon. Ohio University Press, 2012.
* ''Congress and the Emergence of Sectionalism: From the
Missouri Compromise
The Missouri Compromise (also known as the Compromise of 1820) was federal legislation of the United States that balanced the desires of northern states to prevent the expansion of slavery in the country with those of southern states to expand ...
to the Age of
Jackson''. Co-edited with Donald R. Kennon. Ohio University Press, 2008.
* ''Constitutional Law in Context''. With Michael Kent Curtis, J. Wilson Parker and Davison M. Douglas. 2 vols. 3rd ed., Carolina Academic Press, 2011.
* ''Defending Slavery: Proslavery Thought in the Old South''. Bedford/St. Martin's, 2003.
* ''Documents of American Constitutional and Legal History'' (2 vols). Co-edited with Melvin Urofsky. 3rd ed., Oxford University Press, 2008.
* ''
Dred Scott v. Sandford: A Brief History with Documents''. Bedford/St. Martin's, 1997.
* ''The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law''. Co-edited with David Thomas Konig and Christopher Alan Bracey. Ohio University Press, 2010.
* ''Encyclopedia of African American History, 1619-1895: From the Colonial Period to the Age of
Frederick Douglass''. Editor-in-Chief. 3 vols. Oxford University Press, 2006.
* ''Encyclopedia of African American History, 1896 to the Present: From the Age of Segregation to the Twenty-First Century''. Editor-in-Chief. 5 vols. Oxford University Press, 2009.
* ''Encyclopedia of the Harlem Renaissance''. Co-edited with Cary Wintz. 2 vols. Routledge, 2005.
* ''Encyclopedia of United States Indian Policy and Law''. Co-edited with Tim Alan Garrison. 2 vols. CQ Press, 2009.
* ''His Soul Goes Marching On: Responses to
John Brown and the
Harpers Ferry Raid''. Editor. University Press of Virginia, 1995.
* ''Impeachable Offenses: A Documentary History from 1787 to the Present''. Co-authored with Emily Van Tassel. Congressional Quarterly Press, 1998.
* ''In the Shadow of Freedom: The Politics of Slavery in the National Capital''. Co-edited with Donald R. Kennon. Ohio University Press, 2011.
* ''Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio''. Co-edited with Roberta Sue Alexander. Ohio University Press, 2012.
* ''The Library of Congress Civil War Desk Reference''. With Margaret Wagner and
Gary W. Gallagher. Simon and Schuster, 2002.
* ''Lincoln, Congress, and Emancipation''. Co-edited with Donald R. Kennon. Ohio University Press, 2016
* ''Macmillan Encyclopedia of World Slavery''. Co-edited with Joseph C. Miller. 2 vols. Macmillan, 1998.
* ''
Millard Fillmore''. Times Books, 2011.
* ''The Political
Lincoln: An Encyclopedia''. Co-edited with Martin J. Hershock. CQ Press, 2009.
* ''The Pro-Slavery Origins of the Electoral College''. Cardozo Law Review, 2002.
* ''Terrorism, Government, and Law: National Authority and Local Autonomy in the War on Terror''. Co-edited with Susan N. Herman. Praeger Security International, 2008.
* ''Race and the Constitution: From the Philadelphia Convention to the Age of Segregation''. American Historical Association, 2010.
* ''Religion and American Law: An Encyclopedia''. Editor. Garland, 2000.
* ''Slavery and the Founders: Race and Liberty in the Age of Jefferson''. 3rd ed., M.E. Sharpe, 2014.
* ''Slavery and the Law''. Editor. Madison House, 1997.
* ''Slavery in the Courtroom''. Library of Congress, 1985. Recipient of the 1986 Joseph L. Andrews Award from the American Association of Law Libraries. Reprint: Lawbook Exchange, 1996.
* ''Supreme Injustice: Slavery in the Nation's Highest Court''. Harvard University Press, 2018
Review* ''Terrible Swift Sword: The Legacy of John Brown''. Co-edited with Peggy A. Russo. Ohio University Press, 2005.
* ''Toward a Usable Past: Liberty Under State Constitutions''. Co-editor with Stephen Gottlieb. University of Georgia Press, 1991.
References
External links
Finkelman's publications and public lecturesFinkelman's articles in full text*
{{DEFAULTSORT:Finkelman, Paul
Harvard Law School fellows
21st-century American historians
American male non-fiction writers
Historians of the United States
Historians of slavery
Living people
American legal historians
Scholars of constitutional law
First Amendment scholars
Gratz College
University of Akron faculty
1949 births
Educators from Brooklyn
Syracuse University alumni
University of Chicago alumni
University of Tulsa College of Law faculty
Cleveland State University faculty
Hamline University faculty
University of Miami faculty
Illinois Institute of Technology faculty
Virginia Tech faculty
Brooklyn Law School faculty
Binghamton University faculty
University of Texas at Austin faculty
Washington University in St. Louis faculty
University of California, Irvine faculty
Historians from New York (state)
Historians from Florida
21st-century American male writers
Fellows of the Royal Historical Society