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Tel: 215.898.7471
Email: twolff@law.upenn.edu
Expertise
- Civil Procedure
- Complex Litigation
- Conflict of Laws
- Constitutional Law
- Sexuality and the Law
Bio
Tobias Barrington Wolff writes and teaches in civil procedure and constitutional law.
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Tobias Barrington Wolff writes and teaches in civil procedure and constitutional law. In the field of procedure, Wolff has specialized in complex litigation and the conflict of laws, where he has articles in venues including the Columbia Law Review and the University of Pennsylvania Law Review, along with a casebook -- Civil Procedure: Theory and Practice, co-authored with Professors Linda Silberman and Allan Stein -- that is now in its second edition. He has consulted in a number of major class action proceedings and currently sits on the Executive Committee of the AALS section on Conflict of Laws. In the field of constitutional law, Wolff has published articles and essays in venues including the Columbia Law Review, the Iowa Law Review and the Yale Law Journal, on topics including slavery and the Thirteenth Amendment, free speech and the First Amendment, and the rights of gay men and lesbians. He currently serves as a member of the Executive Board for the Equal Justice Society, an organization that seeks to translate the insights of the academy into progressive reforms in law and policy.
Wolff began his teaching career in 2000 at the University of California, Davis Law School, where he was awarded tenure and the title of full professor in the 2004-05 academic year. He was a visiting professor at Stanford Law School in 2003-04 and at Northwestern Law School in fall 2005. Before entering academia, Wolff clerked for Judges Betty Binns Fletcher and William A. Norris, both of the Ninth Circuit Court of Appeals, and practiced for two years as a litigator at Paul, Weiss, Rifkind, Wharton & Garrison in New York. He received both his B.A. and J.D. degrees from Yale, the former in 1992 and the latter in 1997.
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Representative Professional Positions
Penn Law – Professor of Law (2007 -); Visiting Professor (fall 2006)
University of California, Davis – Professor of Law (2004-07); Assistant Professor of Law (2000-04)
Visiting Professor – Northwestern; Stanford
Law Clerk to Judge Betty Binns Fletcher, U.S. Court of Appeals for the Ninth Circuit (1997-98)
Law Clerk to Judge William A. Norris (retired Sept. 1997), U.S. Court of Appeals for the Ninth Circuit (1997)
Representative Publications
A RIGHT TO DISCRIMINATE? HOW THE CASE OF Boy Scouts of America v. James Dale WARPED THE LAW OF FREE ASSOCIATION (with Andrew Koppelman) (Yale: 2009).
Compelled Speech and Expressive Association: The Case of the Solomon Amendment, in THE BOY SCOUTS, GAY RIGHTS, AND THE FREEDOM TO ASSOCIATE (with ANDREW KOPPELMAN) (Yale Univ. Press, forthcoming 2009).
CIVIL PROCEDURE: THEORY AND PRACTICE (Aspen Publishers, 3d ed., 2009) (with LINDA SILBERMAN & ALLAN STEIN).
Expressive Association and the Ideal of the University in the Solomon Amendment Litigation, 25 SOC. PHIL. & POL'Y 92 (2008) (with A. Koppelman).
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Ask & Tell: Gay and Lesbian Veterans Speak Out (review of book by Steve Estes), 30 INT’L HIST. REV. 216 (2008).
Federal Jurisdiction and Due Process in the Era of the Nationwide Class Action, 156 U. PA. L. REV. 2035 (2008).
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Interest Analysis in Interjurisdictional Marriage Disputes, 153 U. PA. L. REV. 2215 (2005).
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Preclusion in Class Action Litigation, 105 COLUM. L. REV. 717 (2005).
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The Pimple on Adonis's Nose: A Dialogue on the Concept of Merit in the Affirmative Action Debate, 56 HASTINGS L.J. 379 (2005) (with Robert Paul Wolff).
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Political Representation and Accountability Under Don't Ask, Don't Tell, 89 IOWA L. REV. 1633 (2004).
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The Thirteenth Amendment and Slavery in the Global Economy, 102 COLUM. L. REV. 973 (2002).
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Compelled Affirmations, Free Speech, and the U.S. Military's Don't Ask, Don't Tell Policy, 63 BROOK. L. REV. 1141 (1997).
Principled Silence, 106 YALE L.J. 247 (1997) (Case Note, Romer v. Evans, 517 U.S. 620 (1996)).
For additional publications, please consult
Current & Recent Research
Current Working Papers
The Class Action Fairness Act and Choice of Law in the Federal Courts (article manuscript)
Compelled Corporate Speech (article manuscript)
The Regulation of Marital Status in the Modern Conflicts Era (article manuscript)
Conflict of Laws and the Sovereign Immunity Revolution (article manuscript)
Representative Professional Activities
Co-Counsel, Alaska Civil Liberties v. Alaska
Executive Board, The Equal Justice Society
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