Jonathan L. Marshfield

Jon Marshfield

Jonathan L. Marshfield Assistant Professor of Law

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Biography

Professor Marshfield teaches courses related to public law and litigation, including Civil Procedure, Civil Rights Litigation, and Remedies.  In 2021, Professor Marshfield received the 1L Professor of the Year Award for his teaching.  His research focuses on state constitutional law and constitutional change.  His most recent work has appeared in the Northwestern University Law Review, Boston University Law Review and the Michigan Law Review.  His state constitutional law research has been cited by the New Jersey Supreme Court, and his research into constitutional change has been cited by leading scholars in law reviews, textbooks, and academic journals.  Professor Marshfield has also served as a consultant to foreign officials regarding issues of constitutional revision, and he has advised public policy groups regarding voter awareness and ballot issues. 

Before joining the University of Nebraska faculty, Professor Marshfield taught at the University of Arkansas School of Law and 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 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. 

Professor Marshfield grew up in Durban, South Africa. 

Courses

Civil Procedure I & II 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 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 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

Popular Regulation? State Constitutional Amendment and the Administrative State  8 BELMONT L. REV. 342 (2021) (solicited symposium article)

Unpacking America’s Constitutional Layers,  55 TULSA L. REV. 239 (2019) (solicited book review)

The People and Their Constitutions  71 RUTGERS L. REV. 1233 (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)

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

State Constitutions and the Interaction between Formal Amendment and “Unwritten” Constitutions, in AMENDING AMERICA’S UNWRITTEN CONSTITUTION (Richard Albert, Ryan Williams, Yaniv Roznai, eds. Cambridge) (forthcoming, solicited)

Presentations

Faculty Workshop, “America’s Misunderstood Constitutional Rights” University of Kansas School of Law, April, 2021

Symposium Presentation, “Popular Regulation? State Constitutional Amendment and the Administrative State” Belmont College of Law, January, 2021

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

Education

B.A., Cedarville University, 2002
J.D., Rutgers University School of Law, 2006
LL.M., New York University School of Law, 2010

Areas of Expertise

Appointments

Assistant Professor of Law, 2019