Louise Weinberg is an American legal scholar, writing in the fields of federal courts, constitutional law, the conflict of laws, and Supreme Court history. A professor of law at the University of Texas School of Law in Austin, Weinberg holds the endowed William B. Bates Chair in the Administration of Justice, the chair previously held by Charles Alan Wright, and has revived Charles Alan Wright’s famous Supreme Court Seminar.
Weinberg is a legal theorist in the tradition of the American legal realists. She is particularly known for
- her writings on “federal common law”
- the concept, “judicial federalism”
- her proposed reorganization of theory in the conflict of laws
- her 70-page defense, against latter-day attacks, of Marbury v. Madison as “our greatest case.”
Prior to coming to the University of Texas, Weinberg was a teaching fellow at Harvard Law School, taught an undergraduate law course at Brandeis University, was tenured at Suffolk Law School, and was a visiting professor at Stanford Law School.
At Texas, Weinberg has been honored with various named professorships and is now holder of the endowed William B. Bates Chair in the Administration of Justice, formerly held by Charles Alan Wright. She teaches Federal Courts and Constitutional Law, and has revived the famous Supreme Court Seminar originated at Texas by Wright.
Education and Clerkship
Weinberg was graduated summa cum laude from Cornell University. She has two Harvard law degrees, the J.D. and the LL.M. She clerked for the eminent jurist, Charles Edward Wyzanski Jr.
Practice of Law
Before embarking on her academic career, Weinberg was Associate in Litigation with Bingham, Dana and Gould, Boston, later Bingham, McCutcheon.
Weinberg is an elected member of the American Law Institute , the legal profession's learned academy, where she is currently an invited Adviser to its project for Restatement (Third) of Conflict of Laws.
- elected on three separate occasions to serve as Chair of its Section on Federal Courts
- elected on two separate occasions to serve as Chair of its Section on Conflict of Laws
- elected Chair of its Section on Admiralty.
A member of Phi Beta Kappa, Weinberg serves on its Board of Directors in Austin.
Weinberg has also served as a Forum Fellow at the World Economic Forum at Davos, Switzerland.
- Federal Courts: Judicial Federalism and Judicial Power (West Pub. Co., 1200 pp. 1994) & Supps.
- Conflict of Laws (Matthew Bender 2011, 2002, 1996) (co-authors William Richman and William Reynolds).
Recent Scholarly Papers
- Luther v. Borden: A Taney-Court Mystery Solved (Pace Law Review 2017)
- A Radically Transformed Restatement for Conflicts (University of Illinois Law Review 2015)
- What We Don’t Talk About When We Talk About Extraterritoriality: Kiobel and the Conflict of Laws (Cornell Law Review 2014)
- A General Theory of Governance: Due Process and Lawmaking Power (William & Mary Law Review (2013)
- Unlikely Beginnings of Modern Constitutional Thought (University of Pennsylvania Journal of Constitutional Law 2012)
- The McReynolds Mystery Solved (Denver University Law Review 2011)
Earlier Notable Papers
- Courts, United States Federal (The Oxford International Encyclopedia of Legal History 2009)
- Overcoming Dred (Constitutional Commentary 2007)
- Dred Scott and the Crisis of 1860 (Chicago-Kent Law Review 2007)
- Theory Wars in the Conflict of Laws (Michigan Law Review 2005)
- Our Marbury (Virginia Law Review 2003)
- Of Theory and Theodicy: The Problem of Immoral Law (Law and Justice in a Multistate World 2002)
- When Courts Decide Elections: The Constitutionality of Bush v. Gore (Boston University Law Review 2002)
- Of Sovereignty and Union: The Legends of Alden (Notre Dame Law Review 2001)
- Holmes' Failure (Michigan Law Review 1997)
- Fear and Federalism (Symposium, Ohio Northern University Law Review 1997)
- Methodological Interventions and the Slavery Cases, or, Night-Thoughts of a Legal Realist (Maryland Law Review 1997)
- Political Questions and the Guarantee Clause (University of Colorado Law Review 1994)
- The Federal-State Conflict of Laws: “Actual” Conflicts (Texas Law Review 1992)
- Against Comity (Georgetown Law Journal 1991)
- The Monroe Mystery Solved: Beyond the “Unhappy History” Theory of Civil Rights Litigation (Brigham Young University Law Review 1991)
- Federal Common Law (Northwestern University Law Review 1989)
- On Departing from Forum Law (Mercer Law Review 1984 (Anthologized in A Conflict-Of-Laws Anthology 1997))
- Choice of Law and Minimal Scrutiny (University of Chicago Law Review 1982) (Anthologized in A Conflict-Of-Laws Anthology 1997))
- The New Judicial Federalism (Stanford Law Review 1977).
- Louise Weinberg's author page on SSRN (Social Science Research Network)
- Louise Weinberg's faculty profile page at the University of Texas School of Law
- Louise Weinberg's faculty publications page, University of Texas School of Law
- Justice Stephen Breyer, MAKING OUR DEMOCRACY WORK: A JUDGE’S VIEW (2011)
- A. J. Bellia, FEDERALISM (2017, 2010) (work anthologized)
- Edward A. Purcell, Jr., BRANDEIS AND THE PROGRESSIVE CONSTITUTION (2000) (Chapter IV is a discussion of Weinberg’s position on federal common law)
- Gene R. Shreve, A Conflict-of-Laws Anthology (1997) (work anthologized)
- Stuart, Concepts of Federalism (1979)
- Westlaw.com (820 citations)
- Social Science Research Network, 1,966 downloads)
- United States Court of Appeals (4th Cir. 2016)
- United States Court of Appeals (D.C. Cir. 2010)
- Supreme Court of New Jersey (2008)
- United States District Court (2000)
- Court of Appeals of Arizona (1997)
Personal Information and Early Life
Louise Weinberg was born in New York and raised in Forest Hills. She is married to Steven Weinberg, the physicist and Nobel laureate. They have a married daughter and grandchild.
At the age of 14, Weinberg won first prize in Seventeen Magazine’s national short story contest. She was the front-page columnist for her high school newspaper, and at Cornell she was drama critic for the Cornell Daily Sun.
Louise and Steven Weinberg, with five other couples, founded The Tuesday Club of Austin, Texas, now with over 200 members and a branch in Atlanta. Co-founders included Hon. Jerre Williams and Hon. Mary Pearl Williams, Admiral Bobby Ray Inman and Nancy Inman, Austin-American Statesman Editor Arthur Rosenfeld and Ruth Rosenfeld, and Chancellor Hans Mark and Marion Mark.
Louise Weinberg is a member of Town and Gown, an Austin institution.
As an early member of the Board of Directors of Ballet Austin, Louise Weinberg first proposed the establishment of the ballet school, now a flourishing arm of Ballet Austin.
Weinberg served on the Board of the Austin Foreign Affairs Council under the directorship of Philip Bobbitt.
- "Faculty web page, Louise Weinberg, the University of Texas School of Law".
- "Edward Purcell, BRANDEIS AND THE PROGRESSIVE CONSTITUTION, Chapter IV".
- "Stuart, CONCEPTS OF FEDERALISM (1979)".
- "Weinberg, A Radically Transformed Restatement for Conflicts (University of Illinois Law Review (2015)" (PDF).
- "[Justice] Stephen Breyer, MAKING OUR DEMOCRACY WORK (2011); Sullivan & Gunther, CONSTITUTIONAL LAW (15th ed.)".
- "Weinberg, Our Marbury (Virginia Law Review 2003)".
- "See current Directory of Members, American Law Institute, Philadelphia".
- "American Law Institute, Project, Conflict of Laws, Advisers".
- "See current AALS Directory of Law Teachers.".
- "Directory of Members, The Philosophical Society of Texas".
- "Current Membership Directory, Town and Gown, Headliners Club and Foundation, Austin TX".