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B.S., Northwestern University
J.D., Northwestern University School of Law

Howard Wasserman is Associate Professor of Law, having joined the College of Law faculty in 2003. He graduated magna cum laude from the Northwestern University School of Law, where he was an associate articles editor of the Law Review and was named to the Order of the Coif. Following law school, he clerked for Chief Judge James T. Giles of the United States District Court for the Eastern District of Pennsylvania and Judge Jane R. Roth of the United States Court of Appeals for the Third Circuit. Prior to coming to FIU, he spent two years as a Visiting Assistant Professor at Florida State University College of Law. Professor Wasserman teaches civil procedure, evidence, federal courts, civil rights, and First Amendment; his scholarship focuses on the freedom of speech and procedure in public-law civil litigation. His recent work has examined the conflation and distinctions between judicial jurisdiction and substantive rights in federal litigation. He also is writing on the intersection between sports and free expression; he has presented on this subject at the Cooperstown Symposium on Baseball and American Culture at the National Baseball Hall of Fame. Professor Wasserman is a loyal Chicago Cubs fan.

ARTICLES:

Jurisdiction, Merits, and Non-Extant Rights, 56 U. KANSAS L. REV. 227 (2008)

Video Evidence and Summary Judgment: The Procedure of Scott v. Harris, 91 JUDICATURE 108 (2008) (Refereed Journal)

Jurisdiction, Merits, and Procedure: Thoughts on Dodson’s Trichotomy, 102 NW. U. L. REV. ___ (forthcoming 2008), 102 NW. U. L. REV. COLLOQUY 215 (2008), http://colloquy.law.northwestern.edu/main/2008/02/jurisdiction-me.html

Jurisdiction, Merits, and Substantiality, 42 TULSA L. REV. 579 (2007) (in Supreme Court Review 2005-06) (Invited Symposium)

Bartnicki as Lochner: Some Thoughts on First Amendment Lochnerism, 33 N. KY. L. REV. 421 (2006) (in First Amendment Lochnerism? Constitutional Limitations on Economic Regulation of Communications, Information, and Technology Industries) (Invited Symposium)

Fans, Free Expression, and the Wide World of Sports, 67 U. PITT. L. REV. 525 (2006)

If You Build it, They Will Speak: Public Stadiums, Public Forums, and Free Speech 14 NINE: J. BASEBALL HIST. & CULTURE 15 (2006) (Invited)

Jurisdiction and Merits, 80 WASH. L. REV. 643 (2005)

Cheers, Profanity, and Free Speech, 31 J.C. & U.L. 377 (2005) (Refereed Journal) Reviewed in Elsewhere, LEGAL AFFAIRS 60 (Jan./Feb. 2005)

Continuity of Congress: A Play in Three Stages, 53 CATH. U. L. REV. 949 (2004) (in Ensuring the Continuity of Government in Times of Crisis) (Invited Symposium)

Symbolic Counter-Speech, 12 WM. & MARY BILL RTS. J. 367 (2004)

Civil Rights Plaintiffs and John Doe Defendants: A Study in § 1983 Procedure, 25 CARDOZO L. REV. 793 (2003)

The Trouble With Shadow Government, 52 EMORY L.J. 281 (2003)

OTHER PUBLICATIONS:

Subsidized Speech, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (Macmillan Reference 2008) (forthcoming) (David Tanenhaus, ed.)

The Civil Suit Arising Out of the Duke Lacrosse Rape Case: How it Illustrates the Limits of Civil Rights Litigation Even When Serious Wrongs Have Been Done, FINDLAW’S WRIT COMMENTARY, Oct. 16, 2007, http://writ.news.findlaw.com/commentary/20071016_wasserman.html

Can A Voluntary Athletic Association Prohibit Member Schools From Using ‘Undue Influence’ To Recruit Athletes?, PREVIEW OF UNITED STATES SUPREME COURT CASES (TSSAA v. Brentwood Academy), No. 7, p.370, Apr. 16, 2007

The Supreme Court’s Recent Decision in Wallace v. Kato: Complicating the Process for Civil Rights Plaintiffs Challenging Unconstitutional Convictions, FINDLAW’S WRIT COMMENTARY, Apr. 9, 2007, http://writ.lp.findlaw.com/commentary/20070409_wasserman.html

Introduction: Mass Media in the Twenty-first Century, 2 FIU L. Rev. 1 (2007)

The West Wing and the VP: Constitutional Quandary, NAT’L LAW JOURNAL, June 13, 2006, available at http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1149843917022

The West Wing and Presidential Succession, PICTURING JUSTICE: ON-LINE J. LAW AND POPULAR CULTURE, May 19, 2006, http://www.usfca.edu/pj/westwing_wasserman.htm

Baseball, the Law, and the Rules, Part Three: Barry Bonds Takes on the First Amendment, FINDLAW’S WRIT COMMENTARY, Apr. 7, 2006, http://writ.news.findlaw.com/commentary/20060407_wasserman.html

Baseball, the Law, and the Rules, Part Two: Should the Pete Rose Hall-of-Fame Precedent Apply to Steroids-Era Players?, FINDLAW’S WRIT COMMENTARY, Mar. 27, 2006, http://writ.news.findlaw.com/commentary/20060327_wasserman.html

Baseball, the Law, and the Rules, Part One: Thoughts on Barry Bonds, Mark McGwire, Pete Rose, and the Baseball Hall of Fame, FINDLAW’S WRIT COMMENTARY, Mar. 24, 2006, http://writ.news.findlaw.com/commentary/20060324_wasserman.html

Title VII: Does § 701(b) Limit the Subject Matter Jurisdiction of the Federal Courts?, PREVIEW OF UNITED STATES SUPREME COURT CASES (Arbaugh v. Y&H Corp.), No. 4, p.176, Jan. 9, 2006

Fast Food Justice: Infamous Cases Involving French Fries, Obesity, Too-Hot Coffee, and Fingertips, FINDLAW’S WRIT COMMENTARY, Oct. 6, 2005, http://writ.news.findlaw.com/commentary/20051006_wasserman.html

May a Court Enjoin a Defendant’s Speech as a Remedy in a Defamation Case?, PREVIEW OF UNITED STATES SUPREME COURT CASES (Tory v. Cochran), No. 6, p.320, Mar. 20, 2005

Free to Express His Views, MIAMI HERALD, Feb. 1, 2005

Must States Give Political Parties the Option of Holding Open Primaries?, PREVIEW OF UNITED STATES SUPREME COURT CASES (Clingman v. Beaver), No. 4, p.192, Jan. 10, 2005

Fan Profanity, First Amendment Center Online, Freedom Forum, http://www.firstamendmentcenter.org/Speech/pubcollege/topic.aspx?topic=fan_profanity, reprinted in BARBARA CLOUSE, PATTERNS FOR A PURPOSE (4th ed. 2005) (college-level textbook on rhetoric and writing)

No Sacred Cows, NAT’L LAW JOURNAL, Jan. 26, 2004, available at http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1074819304735

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