Philip Hamburger

Maurice & Hilda Friedman Professor of Law

Philip Hamburger

Philip
Hamburger
Maurice & Hilda Friedman Professor of Law

Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a leading scholar of constitutional law and its history, who works on many topics, including religious liberty, freedom of speech, academic censorship, judicial review, the office and duty of judges, administrative power, and the early development of liberal thought. His books are Separation of Church and State, Harvard, 2002; Law and Judicial Duty, Harvard, 2008; Is Administrative Law Unlawful?, Chicago, 2014; The Administrative Threat (Encounter Books 2017); Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago University Press 2018); Purchasing Submission (forthcoming).

Here are a few book awards over the years: Bradley Prize, 2017; Hayek Book Prize, 2016, for "Is Administrative Law Unlawful?"; Henry Paolucci/Walter Bagehot Book Award, 2009, for "Law and Judicial Duty"; Sutherland Prize, 1994 (awarded 1995) for “Revolution and Judicial Review: Chief Justice Holt’s Opinion in City of London v. Wood”; Prompter Honoris Respectum, 1994; Sutherland Prize, 1989 (awarded 1991), for “The Development of the Nineteenth Century Consensus Theory of Contract”.

Before coming to the Law School, Hamburger was the John P. Wilson Professor at the University of Chicago Law School, where he was the director of the Bigelow Program and the director of the Legal History Program. Earlier, he was the Oswald Symyster Colclough Research Professor at George Washington University Law School and a professor at the University of Connecticut Law School.

He has been a visiting professor at the University of Virginia Law School and at Northwestern Law School, where he was the Jack N. Pritzker Distinguished Visiting Professor of Law. Earlier, he practiced law in Philadelphia, specializing in business and corporate tax.

Education
  • J.D., Yale Law School, 1982
  • B.A., Princeton University, 1979
Areas of Expertise
  • Constitutional law
  • First Amendment
  • Administrative law
  • Legal history
Publications
  • Purchasing Submission (forthcoming)
  • Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago University Press 2018)
  • The Administrative Threat (Encounter Books 2017)
  • Is Administrative Law Unlawful?, University of Chicago Press, 2014
  • Law and Judicial Duty, Harvard University Press, 2008
  • Separation of Church and State, Harvard University Press, 2002
  • “The Administrative Evasion of Procedural Rights,”11 NYU Journal of Law and Liberty 915 (2018)
  •  “Prejudice and the Blaine Amendments,” First Things (June 20, 2017)
  • “How Government Agencies Usurp Our Rights” City Journal (Winter 2017)
  • “Early Prerogative and Administrative Power: A Response to Paul Craig,” 81 Missouri Law Review 939 (2016)
  • “Chevron Bias,” 84 George Washington Law Review 1187 (2016)
  • “Vermeule Unbound,” Texas Law Review: See Also (2016)
  • “Exclusion and Equality: How Exclusion from the Political Process Renders Religious Liberty Unequal,” 90 Notre Dame Law Review 1919 (2015)
  • “Inversion of Rights and Power,” 63 Buffalo Law Review 731 (2015)
  • “The Second Commerce Clause,” SSRN (2014)
  • “IRB Licensing,” in Who's Afraid of Academic Freedom?, Columbia University Press, 2014
  • "Commentary on the AAUP Statement on Corporate Funding of Academic Research," Free to Teach, Free to Learn, 51 (ACTA, 2013)
  • "Unconstitutional Conditions: The Irrelevance of Consent," Virginia Law Review, 2012
  • "Judicial Office and the Liberty Protected by Law," Liberty Law Forum (Dec.12, 2011)
  • "Judicial Office," 6 Journal of Law, Philosophy and Culture 53 (2011)
  • "Privileges or Immunities,” Northwestern Law Review, 2011
  • "A Tale of Two Paradigms: Judicial Review and Judicial Duty," 78 George Washington Law Review 1162 (2010)
  • “Beyond Protection,” Columbia Law Review, 2009
  • “Getting Permission,” Northwestern Law Review, 2007
  • “Religious Freedom in Philadelphia,” Emory Law Journal, 2005
  • “The New Censorship: Institutional Review Board,” Supreme Court Review, 2004
  • "Against Separation," 155 Public Interest 177 (2004)
  • “More is Less,” Virginia Law Review, 2004
  • "Illiberal Liberalism: Liberal Theology, Anti-Catholicism, & Church Property," 12 Journal of Contemporary Legal Issues, 693-725 (2002)
  • “Liberality,” 78 Texas Law Review 1215, 2000
  • “Revolution and Judicial Review: Chief Justice Holt’s Opinion in City of London v. Wood,” 94 Columbia Law Review 2091, 1994
  • “Trivial Rights,” 70 Notre Dame Law Review 1, 1994
  • “Natural Rights, Natural Law, and American Constitutions,” 102 Yale Law Journal 907, 1993
  • "A Constitutional Right of Religious Exemption: An Historical Perspective," 60 George Washington Law Review 915 (1992)
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Courses
Advanced Constitutional Law: Religious Liberty
Constitutional Law
Reading Group in the American Constitutional Tradition
S. Constitutional Ideas of the Founding Era
S. Survey of American Legal History, 1620-1870