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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 specializes in complex litigation and the conflict of laws. In the field of constitutional law, he has published articles and essays on topics ranging from free speech under the First Amendment and slavery under the Thirteenth Amendment to the rights of gay men and lesbians.
He is co-author (with Linda Silberman and Allan Stein) of Civil Procedure: Theory and Practice (Aspen, 3d ed 2009) and his recently published articles include Federal Jurisdiction and Due Process in the Era of the Nationwide Class Action (University of Pennsylvania Law Review) and Expressive Association and the Ideal of the University in the Solomon Amendment Litigation (with Andrew Koppelman) (Social Philosophy & Policy).
Wolff has served as counsel or counsel for amici curiae in many civil rights cases, including Strauss v. Horton (Cal. Sup. Ct.), challenging a ballot initiative seeking to deprive same-sex couples of the right to marry, and Cook v. Gates, 528 F.3d 42 (1st Cir. 2008), challenging the constitutionality of the U.S. military’s Don’t Ask, Don’t Tell policy. He won the A. Leo Levin Award for Excellence in an Introductory Course in 2009.
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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)
Legal Advisor & LGBT Policy Chair, Senator Barack Obama, Obama for America ’08
Law Clerk to the Hon. Betty Binns Fletcher, U.S. Court of Appeals for the Ninth Circuit (1997-98)
Executive Board, The Equal Justice Society
Law Clerk to the Hon. William A. Norris (retired Sept. 1997), U.S. Court of Appeals for the Ninth Circuit (1997)
Representative Publications
Civil Rights Reform and the Body, __HARV. L. & POL'Y REV.__ (forthcoming 2011). (forthcoming)
Redeeming the Missed Opportunities of Shady Grove, 159 U. PA. L. REV. 17 (2010) (with Stephen B. Burbank).
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Remembering Ed Baker, 12 U. PA. J. CONST. L. 967 (2010).
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Geoffrey C. Hazard, Jr., and the Lessons of History, 158 U. PA. L. REV. 1323 (2010).
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Ruth Bader Ginsburg and Sensible Pragmatism in Federal Jurisdictional Policy, 70 OHIO ST. L.J. 839 (2009).
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Compelled Speech and Expressive Association: The Case of the Solomon Amendment, in 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 Univ. Press, 2009).
CIVIL PROCEDURE: THEORY AND PRACTICE (Aspen Publishers, 3d ed., 2009 & Supp. 2011-2012) (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
Choice of Law and Jurisdictional Policy in the Federal Courts (article manuscript) (forthcoming)
The Class Action Fairness Act and Choice of Law in the Federal Courts (article manuscript)
Compelled Corporate Speech and the Role of Expressive Autonomy Under the First Amendment (article manuscript) (forthcoming)
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
Executive Board, The Equal Justice Society, Founding Board Member and Secretary to the Executive Committee of the Board of Directors, 2003–present.
Co-Counsel, Alaska Civil Liberties v. Alaska
Obama for America ’08 June 2007 – November 2008 - Co-Chair (with U.S. Rep. Tammy Baldwin), National LGBT Steering & Policy Committee.
The Equal Justice Society (San Francisco, CA), Founding Board Member and Secretary to the Executive Committee of the Board of Directors, 2003–present.
American Law Institute: Member, 2007–present.
AALS Section on Conflict of Laws: Executive Committee, Jan. 2006–present; Chair, June 2011–present.
Civil Rules Restyling Project: Blue-ribbon committee, May–November 2005.
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