Jonathan L. Marshfield Assistant Professor of Law
Biography
Professor Marshfield joined the faculty in 2019. His research focuses on constitutional procedure and design, state constitutional law, and constitutional change. His work explores how procedural rules and political institutions can affect constitutional outcomes. Professor Marshfield’s most recent work has appeared in the Northwestern University Law Review, Boston University Law Review and the Michigan Law Review. Professor Marshfield’s state constitutional research has been cited by the New Jersey Supreme Court, and his research into constitutional design has been cited by leading scholars in law reviews, textbooks, and academic journals. Professor Marshfield has served as a consultant to foreign officials regarding issues of constitutional revision and design. He has also advised public policy groups regarding voter awareness and ballot issues.
Prior to joining the University of Nebraska faculty, Professor Marshfield taught at the University of Arkansas School of Law. Before entering academia, Professor Marshfield practiced as a commercial litigator with Latham & Watkins LLP and Saul Ewing LLP. He also clerked for Judge Robert B. Kugler, United States District Judge for the District of New Jersey, and Chief Justice James R. Zazzali of the Supreme Court of the State of New Jersey. While in practice, Professor Marshfield represented several large financial firms and fortune 500 companies regarding a variety of complex business disputes in both state and federal court. He has significant experience in most stages of civil litigation, including deposing and examining witnesses, managing complex electronic discovery, arguing pre-trial and dispositive motions, handling settlement mediations, and participating in civil trials. Professor Marshfield has handled appeals to various appellate courts, including the United States Court of Appeals for the Second Circuit, the New Jersey Supreme Court, and the New York Court of Appeals.
Courses
Civil Procedure Law 516/G-517/G
An introduction to the theory and practice of litigation in federal and state courts. Topics studied include jurisdiction, pleading, joinder, discovery,motion practice,the right to jury trial, trial and post-trial motions, appellate review and preclusion doctrine.
Remedies & Damages Law 743/G
An examination of the basic remedies available to redress legal wrongs: injunctions, damages, and restitution. Among the topics covered are permanent injunctions (including specific performance), provisional injunctions, contempt, contract damages, tort damages (primarily personal injury and property damages), proof requirements, present value adjustments, legal restitution, equitable restitution, equitable defenses, election of remedies, and declaratory relief.
Civil Rights Litigation Law 729/G
An examination of the major substantive and procedural issues in litigation to protect civil rights, including the writ of habeas corpus. We will consider established theories of liability and defenses and possible new developments in legal doctrine. Pre-requisite: Civil Procedure, Constitutional Law I
Articles
Forgotten Limits on the Power to Amend State Constitutions 114 NW. U. L. REV. __ (forthcoming 2019).
The Underappreciated Influence of State Constitutions on Federal Constitutional Jurisprudence TULSA L. REV. __ (forthcoming 2019, solicited book review)
The People and Their Constitutions RUTGERS L. REV. __ (forthcoming 2019, solicited book review)
The Amendment Effect 98 B.U. L. REV. 55 (2018).
Courts and Informal Constitutional Change in the States 52 NEW ENG. L. REV. (2018) (invited keynote article for paper symposium)
Respecting the Mystery of Constitutional Change 65 BUFF. L. REV. 1057 (2018) (solicited essay)
Amendment Creep 115 MICH. L. REV. 215 (2016).
Improving Amendment 69 ARK. L. REV. 477 (2016) (symposium article)
Decentralizing the Amendment Power 19 LEWIS & CLARK L. REV. 963 (2016).
Foreign Precedent in State Constitutional Interpretation 53 DUQ. L. REV. 413 (2015) (solicited, symposium essay)
Dimensions of Constitutional Change 43 RUTGERS L.J. 593 (2013) (solicited book review)
Models of Subnational Constitutionalism 115 PENN ST. L. REV. 1151 (2011).
Federalism and Political Competition in Emerging Democracies 10 WASH. U. GLOB. STUD. L. REV. 297 (2011).
Evaluating South Africa’s Post-Apartheid Democratic Prospects through the Lens of Economic Development Theory 9 RICH. J. GLOBAL L. & BUS. 431 (2010).
Providing Meaningful Judicial Review of Municipal Redevelopment Designations: Redevelopment in New Jersey Before and After Gallenthin Realty Development, Inc. v. Borough of Paulsboro 40 RUTGERS L. J. 451 (2009) (with Hon. James R. Zazzali).
Authorizing Subnational Constitutions in Transitional Federal States: South Africa, Democracy, and the KwaZulu-Natal Constitution 41 VAND. J. TRANSNAT’L L. 585 (2008).
A Tribute to Chief Justice James R. Zazzali: More Than a “Caretaker” 59 RUTGERS L. REV. 667 (2007) (with Gregory L. Acquaviva & David M. Stauss)
Book Chapters
Political Functions and Limitations of Contemporary State Constitutions in the United States, in DOES QUEBEC NEED A WRITTEN CONSTITUTION? (Richard Albert ed., McGill-Queen’s Univ. Press) (forthcoming, solicited)
Presentations
Invited Presentation, “The Structure and Application of Contemporary State Constitutional Rights” Catholic University of Pernambuco, Recife, Brazil, September, 2019
Invited Key-Note Address and Article, “Courts and Informal Constitutional Change in the States”. New England School of Law, Boston, MA, April 2018
Faculty Workshop, (“The Amendment Effect”). University of Oklahoma College of Law, Norman, OK, November, 2016
Faculty Workshop, “The Amendment Effect”. University of Arkansas, Fayetteville, AR, September, 2016
Faculty Workshop, “Amendment Creep”. University of Memphis, Cecil C. Humphreys School of Law, Memphis, TN, February, 2016
Symposium Presentation, “Improving Amendment”, co-organizer of symposium with Richard Albert. University of Arkansas School of Law, Fayetteville, AR, January 2016
Faculty Workshop, “Amendment Creep”. University of Arkansas, Fayetteville, AR, September, 2015
Conference Workshop, “Amendment Creep”. ICON-S Conference on Public Law, New York University, New York, NY, July 2015
Junior Faculty Workshop, “Decentralization in Constitutional Amendment Rules”. Washington University School of Law, St. Louis, MO, September, 2014
Faculty Workshop, “Decentralization in Constitutional Amendment Rules”. University of Arkansas, Fayetteville, AR, September, 2014
Conference Workshop, “Subnationalism and Processes of Constitutional Change”. International Association of Constitutional Law, University of Oslo, Oslo, Norway, June, 2014
Symposium Presentation, “Models of Subnational Constitutionalism”. The Dickinson School of Law at Penn State University, State College, PA, September, 2010
Awards