James E. Fleming is an American legal scholar who serves as the Paul J. Liacos Professor of Law at the Boston University School of Law.[6][7] He is a scholar in standard constitutional theory and constitutional interpretation,[8] with special attention to criticizing originalism and defending moral readings of the U.S. Constitution,[9] developing a civic liberalism concerned with protecting rights and instilling civic virtues,[10] and justifying rights to autonomy and equality as central to constitutional self-government.[11]

James E. Fleming
James E. Fleming
Fleming in 2012
Born1954 (age 69–70)[4]
Spouse
(m. 1992)
[5]
Children2[2]
Academic background
Education
ThesisConstitutional Constructivism (1988)
Doctoral advisorWalter F. Murphy
Other advisorsSanford Levinson
Influences
Academic work
DisciplineConstitutional theory
Institutions

Early life and education

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Fleming received a Bachelor of Arts in political science from the University of Missouri in 1977.[12] He earned his J.D. from Harvard Law School in 1985.[13] At Harvard, he was a teaching fellow for Michael Sandel.[14] He then attended Princeton University, earning a master's degree and, in 1988, completed a Ph.D. in politics with the dissertation,[7] "Constitutional Constructivism,"[15] under the supervision of Walter F. Murphy[16] and Sanford Levinson.

In his dissertation, Fleming developed a constitutional constructivism analogous to John Rawls's political constructivism.[15] Before becoming a law professor, Fleming was an attorney in the litigation department at Cravath, Swaine & Moore in New York City from 1986 to 1991.[13]

Academic career

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Fleming taught at Fordham University School of Law from 1991 to 2007,[13] and was appointed the Leonard F. Manning Distinguished Professor of Law in 2006.[17] He joined the faculty of Boston University School of Law in 2007 as The Honorable Frank R. Kenison Distinguished Scholar,[18] and was appointed The Honorable Paul J. Liacos Professor of Law in 2015.[19] He has served as Associate Dean for Intellectual Life at Boston University School of Law[19] and is the Faculty Advisor for the Boston University Law Review.[20]

At Fordham and Boston University, Fleming has organized, co-organized and published numerous conference volumes in constitutional theory and legal philosophy,[21][22][23][24][25] including volumes on the work of John Rawls[26] and Ronald Dworkin.[27]

Fleming was the Editor of Nomos, the annual book of the American Society for Political and Legal Philosophy.[28] In that capacity, he published four interdisciplinary volumes with New York University Press: Nomos L: Getting to the Rule of Law (2011);[29] Nomos LII: Evolution and Morality (with Sanford Levinson) (2012);[30] Nomos LIII: Passions and Emotions (2013);[31] and Nomos LV: Federalism and Subsidiarity (with Jacob T. Levy) (2014).[32] He has also served as the society's president and as of June 2021, is the Secretary-Treasurer.[33]

References

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  1. ^ Sunstein, Cass R. (December 1993). "Response: Liberal Constitutionalism and Liberal Justice". Texas Law Review. 72 (2): 306. Retrieved 22 June 2021.
  2. ^ a b Fleming, James E. (2006). Securing Constitutional Democracy: The Case of Autonomy. University of Chicago Press. p. xiii. ISBN 9780226253435.
  3. ^ Sunstein, Cass R. (2007). "Second-Order Perfectionism". Fordham Law Review. 75 (6): 2872. Retrieved 22 June 2021.
  4. ^ "Fleming, James E." Virtual International Authority File. Retrieved 16 June 2021.
  5. ^ "WEDDINGS; Linda McClain, James Fleming". The New York Times. 28 June 1992. Retrieved 16 June 2021.
  6. ^ "James E. Fleming". bu.edu. Retrieved April 28, 2017.
  7. ^ a b "James Fleming". princeton.edu. Archived from the original on August 17, 2016. Retrieved April 28, 2017.
  8. ^ "James E. Fleming". Google Scholar. Retrieved 16 June 2021.
  9. ^ Balkin, Jack (July 2016). "History, Rights, and the Moral Reading" (PDF). Boston University Law Review. 96 (4): 1433. Retrieved 22 June 2021.
  10. ^ Dorf, Michael C. "Liberalism's Errant Theodicy". Research Gate. Retrieved 17 June 2021.
  11. ^ Kelbley, Charles A. (2007). "Privacy, Minimalism, and Perfectionism". Fordham Law Review. 76 (6): 2953. Retrieved 22 June 2021.
  12. ^ "Constitution Day Lecture at Missouri - James Fleming & Linda McClain". Jack Miller Center. 12 August 2015. Retrieved 16 June 2021.
  13. ^ a b c "James E. Fleming CV" (PDF). Boston University School of Law. Retrieved 17 June 2021.
  14. ^ Sandel, Michael J. (1997). "The Order of the Coif Annual Lecture: The Constitution of the Procedural Republic: Liberal Rights and Civic Virtues". Fordham Law Review. 66 (1): 2. Retrieved 17 June 2021.
  15. ^ a b Fleming, James E. (June 1988). Constitutional Constructivism (Thesis). Princeton University. ISBN 9781392488928. ProQuest 303726694.
  16. ^ Fleming, James E. (Spring 2010). "An Appreciation of Walter F. Murphy" (PDF). Law & Courts. 20 (2): 18. Retrieved 16 June 2021.
  17. ^ "Securing Constitutional Democracy: The Case of Autonomy, Author Biography". BiblioVault. Retrieved 17 June 2021.
  18. ^ "James E. Fleming". Boston University Public Relations. Retrieved 17 June 2021.
  19. ^ a b Eckenroth, Lauren. "Professor James E. Fleming Appointed Honorable Paul J. Liacos Professor of Law". The Record. Boston University School of Law. Retrieved 17 June 2021.
  20. ^ "Boston University Law Review Masthead". Boston University Law Review. Retrieved 16 June 2021.
  21. ^ Fleming, James E. (2004). "Lawrence's Republic". Tulsa Law Review. 39 (3): 563. Retrieved 16 June 2021.
  22. ^ Fleming, James E. (2004). "Securing Deliberative Democracy". Fordham Law Review. 72 (5): 1435. Retrieved 16 June 2021.
  23. ^ Hevert, Matthew T.; Schulke, Daniel F. (May 2014). "Foreword: Symposium: America's Political Dysfunction: Constitutional Connections, Causes, and Cures" (PDF). Boston University Law Review. 94 (3): 578. Retrieved 22 June 2021.
  24. ^ "Symposium: A New Constitutional Order?". Fordham Law Review. 75 (2). November 2006. Retrieved 21 June 2021.
  25. ^ "Foreword: Symposium: Fidelity in Constitutional Theory". Fordham Law Review. 65 (4): 1248. 1997. Retrieved 21 June 2021.
  26. ^ Treanor, William Michael (April 2004). "Introduction: Rawls and the Law" (PDF). Fordham Law Review. 72 (5): 1385. Retrieved 21 June 2021.
  27. ^ Kitchell, Sarah J.; Sefal, Joshua M.D. (April 2010). "Foreword: Symposium: Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book" (PDF). Boston University Law Review. 90 (2): 467. Retrieved 21 June 2021.
  28. ^ "Nomos". The American Society for Political and Legal Philosophy. Retrieved 22 June 2021.
  29. ^ "Getting to the rule of law". Library of Congress Catalog. Retrieved 21 June 2021.
  30. ^ "Evolution and morality". Library of Congress Catalog. Retrieved 21 June 2021.
  31. ^ "Passions and emotions". Library of Congress Catalog. Retrieved 21 June 2021.
  32. ^ "Federalism and subsidiarity". Library of Congress Catalog. Retrieved 21 June 2021.
  33. ^ "Current Officers". The American Society for Political and Legal Philosophy. Retrieved 21 June 2021.
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