Curriculum Vitae ANTHONY A. PEACOCK PH.D., J.D.

Transcription

1 Curriculum Vitae ANTHONY A. PEACOCK PH.D., J.D. Utah State University Department of Political Science 0725 Old Main Hill Logan, Utah (435) CURRENT OCCUPATION Professor and Department Head, Department of Political Science, Utah State University. Director, Center for the Study of American Constitutionalism, Department of Political Science, Utah State University. EDUCATION Ph.D. (Political Science), Claremont Graduate School, 1997 M.A. (Politics), Claremont Graduate School, 1995 J.D. Osgoode Hall Law School, York University, 1987 M.A. (Political Science), University of Calgary, 1985 B.A. Honours (Philosophy), University of Alberta, 1981 ACADEMIC POSITIONS HELD Professor and Department Head, Department of Political Science, Utah State University, 2013-Present Professor, Department of Political Science, Utah State University, Associate Professor, Department of Political Science, Utah State University, Assistant Professor, Department of Political Science, Utah State University,

2 2 PUBLICATIONS (All Publications are Solely Authored or Solely Edited by Anthony A. Peacock) Books Vindicating the Commercial Republic: The Federalist on Union, Enterprise, and War. Lanham, MD: Lexington Books, How to Read The Federalist Papers. Washington, DC: The Heritage Foundation, Ed. Freedom and the Rule of Law. Lanham, MD: Lexington Books, Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders Republicanism Reconsidered. Washington, DC: The AEI Press, Ed. Affirmative Action and Representation: Shaw v. Reno and the Future of Voting Rights. Durham, NC: Carolina Academic Press, Ed. Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation, and Theory. Toronto, ON: Oxford University Press, Articles, Book Chapters The Founders Constitution and What Threatens It Today, in Citizens and Statesmen: An Annual Review of Political Theory and Public Life, Volume IX, 2016, pp Remembering Harry V. Jaffa. The Claremont Institute, Article available at Ending the Racial Identity Politics of Today s Voting Rights Act, Library of Law and Liberty, The Liberty Fund., July 2, 2013: When Individual Rights become Group Rights, Library of Law and Liberty, The Liberty Fund., November 2, 2011: Introduction to The Federalist Papers, The Heritage Foundation, First Principles, Fall Chapter 1, Introduction: American Constitutionalism, Freedom, and the Rule of Law, in Freedom and the Rule of Law, ed. Anthony A. Peacock (Lanham, MD: Lexington Books, 2010), pp

3 3 Chapter 10, When the Rule of Law Can Undermine the Rule of Law: Hamdi and The Federalist on War and Necessity, in Freedom and the Rule of Law, ed. Anthony A. Peacock (Lanham, MD: Lexington Books, 2010), pp From Beer to Eternity: Why Race Will Always Predominate Under the Voting Rights Act, in Redistricting in the New Millennium, ed. Peter F. Galderisi (Lanham, MD: Lexington Books, 2005), pp Socialism as Nationalism: Why the Alleged Americanization of Canadian Political Culture is a Fraud, in Crosscurrents: Contemporary Political Issues, eds. Mark Charlton and Paul Barker, 5 th ed. (Toronto, ON: Nelson Canada, 2005), pp This chapter, was originally published in 1998 (3 rd edition) and again in 2002 (4 th edition) in Crosscurrents. It was republished with revisions for the 5 th edition of Crosscurrents. Law, Courts, and American Culture, The Vermont Bar Journal, Volume 29, No. 2, Summer 2003, pp Judicial Rationalism and the Therapeutic Constitution: The Supreme Court s Reconstruction of Equality and Democratic Process Under the Charter of Rights and Freedoms, in The Myth of the Sacred: The Charter, The Courts, and the Politics of the Constitution of Canada, eds. Patrick James, Donald E. Abelson, and Michael Lusztig (Montreal and Kingston: McGill-Queen s University Press, 2002), pp The Voting Rights Act and the Politics of Multiculturalism: The Challenge to Commercial Republicanism at Century s Turn, in Courts and the Culture Wars, ed. Bradley C.S. Watson (Lanham, MD: Lexington Books, 2002), pp "Equal Representation or Guardian Democracy? The Supreme Court's Foray into the Politics of Reapportionment and its Legacy," in Voting Rights and Redistricting in the United States, ed. Mark E. Rush (Westport, CT: Greenwood, 1998), pp Chapter 1 (Introduction): Voting Rights, Representation, and the Problem of Equality, in Affirmative Action and Representation: Shaw v. Reno and the Future of Voting Rights, ed. Anthony A. Peacock (Durham, NC: Carolina Academic Press, 1997), pp Chapter 5: Shaw v. Reno and the Voting Rights Conundrum: Equality, The Public Interest, and the Politics of Representation, in Affirmative Action and Representation: Shaw v. Reno and the Future of Voting Rights, ed. Anthony A. Peacock (Durham, NC: Carolina Academic Press, 1997), pp Chapter 12 (Postscript): The Supreme Court and the Future of Voting Rights, in Affirmative Action and Representation: Shaw v. Reno and the Future of Voting Rights, ed. Anthony A. Peacock (Durham, NC: Carolina Academic Press, 1997), pp

4 4 Introduction: The Necessity of Rethinking the Constitution, in Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation, and Theory, ed. Anthony A. Peacock (Toronto, ON: Oxford University Press, 1996), pp. vii xxix. Chapter 7: Strange Brew: Tocqueville, Rights, and the Technology of Equality, in Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation, and Theory, ed. Anthony A. Peacock (Toronto, ON: Oxford University Press, 1996), pp Postscript: The 1995 Quebec Referendum, Liberal Constitutionalism, and The Future of Canada, in Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation, and Theory, ed. Anthony A. Peacock (Toronto, ON: Oxford University Press, 1996), pp Reference Publications Article I, Section 4, Clause 1, in The Heritage Guide to the Constitution, Fully Revised Second Edition, eds. David F. Forte and Matthew Spalding, Forward Edwin Meese III (Washington, DC: Regnery Publishing, Inc., 2014), pp Article I, Section 4, Clause 1, in The Heritage Guide to the Constitution, eds. Edwin Meese III, David F. Forte, and Matthew Spalding (Washington, DC: Regnery Publishing, Inc., 2005), pp Clarence Thomas, in The Oxford Companion to the Supreme Court of the United States, ed. Kermit L. Hall, 2 nd Edition (New York, NY: Oxford University Press, 2005), pp "Electoral Districting, II," in Encyclopedia of the American Constitution, Volume 2, eds. Leonard W. Levy, Kenneth L. Karst, and Adam Winkler, Second edition (New York, NY: Macmillan, 2000), pp "Affirmative Action," in Civil Rights in the United States, eds. Waldo E. Martin and Patricia Sullivan (New York, NY: Macmillan, 2000), Vol. One, pp "Constitutionalism," in Civil Rights in the United States, eds. Waldo E. Martin and Patricia Sullivan (New York, NY: Macmillan, 2000), Vol. One, pp "Courts," in Civil Rights in the United States, eds. Waldo E. Martin and Patricia Sullivan, (New York, NY: Macmillan, 2000), Volume One, pp "Shaw v. Reno," in Civil Rights in the United States, eds. Waldo E. Martin and Patricia Sullivan (New York, NY: Macmillan, 2000), Vol. Two, pp

5 5 Book Reviews Review of An Argument Open to All: Reading The Federalist in the 21 st Century, by Sanford Levinson. (New Haven: Yale University Press, 2015). CERCLES: Revue pluridisciplinaire du monde Anglophone ISSN: (Université de Rouen) (June 16, 2016) Available at Review of Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the Supreme Court, by David M. O Brien. (Lanham, MD: Rowman and Littlefield Publishers, Inc., 2010). American Review of Politics, Vol. 32, Fall & Winter, , pp Democrats Protection Act. Review of Voting Rights And Wrongs: The Elusive Quest for Racially Fair Elections, by Abigail Thernstrom (Washington, DC: The AEI Press, 2009). Claremont Review of Books, Volume X, Number 1, Winter 2009/10, p. 35. Federalism s Nemesis. Review of Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy, by Ralph A. Rossum (Lanham, MD: Lexington Books, 2001). Claremont Review of Books, Volume III, Number 1, Winter 2002, pp Review of A Right to Representation: Proportional Election Systems for the Twentieth- First Century, by Kathleen L. Barber. (Columbus, OH: The Ohio State University Press, 2000). American Review of Politics, Vol. 21, Fall 2000, pp Review of Crime, Public Opinion, and Civil Liberties: The Tolerant Public, by Shmuel Lock. (Westport, CT: Praeger, 1999) The Journal of Politics, Vol. 62, No. 2 (May 2000), pp Governmental Opinions and Studies Wrote opinion dated January 5, 2012, for Utah Representative Ken Ivory regarding Representative Ivory s proposed Comprehensive Lands Bill. This bill became law March 23, It is referred to as HB 148 Transfer of Public Lands Act. SCHOLARLY PAPERS PRESENTED AT CONFERENCES (All Scholarly Papers are Solely Authored by Anthony A. Peacock) When the Rule of Law Can Undermine the Rule of Law: Hamdi and the Founders on War and Necessity. Paper presented September 16, 2008 at conference, Freedom and the Rule of Law, held at Utah State University, September 15-16, A Summary of Deconstructing the Republic: Voting Rights, the Supreme Court, and the Founders Republicanism Reconsidered. Paper presented for panel on my book,

6 6 Deconstructing the Republic, sponsored by the American Political Science Association and the American Enterprise Institute. The panel, titled The Voting Rights Act and the Deconstruction of the Republic, was held at the annual meeting of the American Political Science Association in Boston, August 30, Summary of Deconstructing the Republic. Lecture presented at panel on my book, Deconstructing the Republic, sponsored by the American Enterprise Institute. This panel was held at the American Enterprise Institute, Washington, DC, May 2, Hamdi, Hamilton, and The Federalist on War and National Security. Paper presented at the annual meeting of the American Political Science Association, Chicago, August 31, The Constitution and the Art of War: Alexander Hamilton and Victor Davis Hanson on War in the West. Paper presented at the annual meeting of the American Political Science Association, Philadelphia, August 31, Modern Republican Empire: Hamilton and Hanson on the Nature of Western War. Paper presented at the annual meeting of the Midwest Political Science Association, Chicago, April 22, America and the Perfection of Civilization: How the Constitutional Order Promotes Individual and Political Excellence. Paper presented at the annual meeting of the American Political Science Association, Chicago, September 2, The Clash of Liberalizations: The Charter and Canadian Citizenship. Paper presented at the biennial meeting of the Association for Canadian Studies in the United States, Portland, Oregon, November 20, From Political Equality to Racial Political Identity: Progressivism, Affirmative Action, and the Shadow of Madisonian Republicanism. Paper presented at the annual meeting of the American Political Science Association, Philadelphia, August 29, Equal Protection and Representation After Miller v. Johnson: What Will Justice Demand of the States This Time? Paper presented at the annual meeting of the Southwestern Political Science Association, San Antonio, April 19, Judicial Rationalism, Racial Representation, and the Politics of Multiculturalism. Paper presented at the annual meeting of the Southwestern Political Science Association, New Orleans, March 28, The Voting Rights Act, the Politics of Multiculturalism, and the Legacy of Commercial Republicanism at Century s Turn. Paper presented at the annual meeting of the American Political Science Association, San Francisco, August 31, 2001.

7 7 The Voting Rights Act and the Politics of Multiculturalism: The Challenge to Commercial Republicanism at Century s Turn. Paper presented at St. Vincent College, April 20, 2001 for Courts and the Culture Wars conference, sponsored by the Center for Economic and Policy Education, St. Vincent College. Substantive Equality, Judicial Rationalism, and the Therapeutic State: The Supreme Court s Reconstruction of Equality and Democratic Process Under the Charter of Rights and Freedoms. Paper presented at the annual meeting of the Canadian Political Science Association, Quebec City, July 31, Montesquieu s Teaching Respecting Commerce and the Nature of Human Perfectibility. Paper presented at the annual meeting of the Canadian Political Science Association, Quebec City, July 30, Therapeutic Democracy and the Clinical Court: The Supreme Court s Reconstruction of Equality and Democratic Process Under the Charter of Rights and Freedoms. Paper presented at the biennial meeting of the Association for Canadian Studies in the United States, Pittsburgh, November 20, "Nature, Commerce, and the Extinction of Politics: A Comment on the Intention of Montesquieu's The Spirit of the Laws." Paper presented at the annual meeting of the Western Political Science Association, Seattle, March 27, "Sex, Marriage, and Constitutional Law: Romer v. Evans, Baehr v. Lewin, and Their Institutional Implications." Paper presented at the annual meeting of the American Political Science Association, Boston, September 4, "Elite Culture, The Charter, and the Structure of Representation: A Comment on Vriend v. Alberta." Paper presented at the annual meeting of the Canadian Political Science Association, Ottawa, June 2, "Representation and Deliberative Democracy: Voting Rights and the Role of the Public Interest in Federal Government." Paper presented at the annual meeting of the Canadian Political Science Association, Montreal, June 6, "The Despair of Equality in American Constitutionalism: The Conflict of Visions in Shaw v. Reno." Paper presented at the annual meeting of the Western Political Science Association, Albuquerque, March 12, 1994.

8 8 SCHOLARLY LECTURES Military and Intellectual Leadership in the U.S. Army. Keynote address to Army ROTC, Utah State University, Cherry Hills Resort, Richmond Utah, November 16, The Constitution and the Spirit of Enterprise, Constitution Day Lecture at Northwood University, Midland, Michigan, Wednesday, September 14, Natural Rights, the Constitution, and the Supreme Court. Lecture presented at the Constitution Week Commemoration Banquet for the Utah Society of the Sons of the American Revolution, Ogden, Utah, September 19, The Constitution and the Challenge to Free Enterprise in the 21 st Century, Constitution Day Lecture for Convocations Distinguished Lecture Series at Southern Utah University, Thursday, September 17, The Founders Constitution and What Threatens It Today. Constitution Day lecture presented at Saint Vincent College, Wednesday, September 18, Sponsored by The Center for Political and Economic Thought at Saint Vincent College. Speaker and Moderator, Constitution Fundamentals panel, Utah s Freedom Conference, University of Utah, Salt Lake City, September 15, Freedom and the Rule of Law: From the Founders to Today. Lecture presented at Constitution Day Banquet for the Utah Society of the Sons of the American Revolution, Ogden, Utah, September 10, The Founders Constitution in Today s Politics. Lecture presented to Utah State Bar Senior Lawyers, Constitutional Law, and Civil Litigation Sections for Continuing Legal Education credit, Salt Lake City, Utah, February 25, The Constitution and American Politics After the 2010 Election. Lecture presented to Weber9/12 group at the Christian Heritage High School, Ogden, Utah, November 18, Thoughts on Sovereignty of Government, Checks and Balances, and Separation of Powers, delivered at Community Forum presented by the American Heritage School and Family Education Center, American Fork, Utah, October 7, The Federalist on Liberty, Union, and Limited Government. Lecture presented at Constitutional Day Commemoration Banquet for the Utah Society of the Sons of the American Revolution, Ogden, Utah, September 11, Race and Representation Before the U.S. Supreme Court. Lecture ( Time Piece ) presented on behalf of The College of Humanities, Arts, and Social Sciences at USU to

9 9 faculty and members of the public for The HASS Hour, April 17, 2008 at the Logan Golf and Country Club, Logan, Utah. Three Sheets to the Wind: An Assessment of the Supreme Court s Affirmative Action Trilogy, Grutter, Gratz, and Georgia v. Ashcroft. Lecture presented for Continuing Legal Education Credit to Utah State University alumni now practising law in the Salt Lake City area. Lecture delivered at the Little America Hotel, Salt Lake City, October 9, The Implications of September 11, 2001 for American Politics and Law. Lecture presented to state-wide meeting of Pi Sigma Alpha, the Political Science Honors Society, at Orson Spencer Hall, University of Utah, April 13, The Voting Rights Act: Past, Present, and Future. Lecture presented to Professors Ralph A. Rossum s and Florence Adams Claremont McKenna College Government class (GOV 177), Representation and the Supreme Court, April 2, "Equality and Representation: What are the Implications of Identifying the Right to Vote with the Right to Effective Representation?" Lecture presented at the annual meeting of the Canadian Political Science Association, Calgary, June 13, "A Brief History of the Canadian Charter of Rights and Freedoms." Lecture presented before faculty at the University of Redlands, September 18, CONFERENCE AND SEMINAR PARTICIPATION Panellist on roundtable, Guns on Campus? The Profession and Campus Carry, held at the annual meeting of the American Political Science Association, Philadelphia, September 1, Panellist on roundtable, Recent Term of the U.S. Supreme Court, held at the annual meeting of the American Political Science Association, San Francisco, September 4, Panellist on roundtable, U.S. Supreme Court: Review of the Recent Term, held at the annual meeting of the American Political Science Association, Chicago, August 31, Scholar Lecturer. I provided three lectures for the Bill of Rights Institute to approximately 90 Utah teachers at a conference on the U.S. Constitution held September 15, My lectures covered the Declaration of Independence, The Federalist Papers, and the Commerce Clause (Article I(8)(3)) of the U.S. Constitution. Panellist on roundtable, The Recent Term of the U.S. Supreme Court, held at the annual meeting of the American Political Science Association, Seattle, September 2, 2011.

10 10 Panel chair for roundtable, The Recent Term of the U.S. Supreme Court, held at the annual meeting of the American Political Science Association, Washington, DC, September 3, Panellist on roundtable, The Recent Term of the U.S. Supreme Court, held at the annual meeting of the American Political Science Association, Toronto, September 5, Participant at conference, Is the Voting Rights Act Constitutional?, held at the American Enterprise Institute, Wednesday, April 22, Participant on roundtable Now What? The Future of the Second Amendment after the Heller Decision, held at the annual meeting of the American Political Science Association, Boston, August 31, Panel Chair, "The Classics and War." Panel held at the annual meeting of the American Political Science Association, Chicago, August 30, Panel chair and discussant for panel titled Constitutionalism, annual meeting of the Midwest Political Science Association, Chicago, April 22, Panel Chair, Representation, Redistricting, and Running for Public Office in the American States. Southwestern Political Science Association annual meeting, San Antonio, April 18, Panel Discussant for panel, Federalism and Intergovernmental Relations. Southwestern Political Science Association annual meeting, San Antonio, April 17, Panel Chair, Civil Liberties and Civil Rights. Southwestern Political Science Association annual meeting, New Orleans, March 28, Panel Discussant, "Federalism--What Does it Mean, What Should it Mean"? Conference sponsored by The Sutherland Institute and The Heritage Foundation titled, "Restoring Power to the People: A Conference on Federalism," Salt Lake City, May 20, Panel Discussant, "Geography and Representation: Do Traditional Districting Principles Still Matter"? American Political Science Association annual meeting, Washington, D.C., August 31, Panel Chair, "Federalism and Equality: Comparative Reflections on Individual Rights in Canada and the United States." American Political Science Association annual meeting, San Francisco, August 29, Panel Chair, "Comparative Reflections on Citizenship in North America." Association for Canadian Studies in the United States, biennial meeting, Seattle, November 17, 1995.

11 11 ACADEMIC PROGRAMS CREATED I was a principal architect of the new Law and Constitutional Studies major in the Department of Political Science at Utah State University. The new major was available to students Fall I also helped secure $25,000 from the Earhart Foundation and $10,000 from Sunmark Capital to help create the program. I am also the Co-Director of the Center for the Study of American Constitutionalism, Department of Political Science. I created this Center, with my colleague Peter McNamara, in RECENT AWARDS, GRANTS, AND FELLOWSHIPS --Appointed to serve on the Utah Advisory Committee to the United States Commission on Civil Rights August 18, Four-year term. --Appointed to National Constitution Center s Advisory Board January 7, 2015 to assist with administration of Templeton Foundation Coalition of Freedom grant ($5.5 million). --Earhart Foundation Fellowship Research Grant of $15,000 (2012), provided to assist with research and writing of Principled Liberty and American Character: The Federalist on Union, Enterprise, and War. --Awarded Hayek Fund Grant in the amount of $1,800 April 27, 2012 from the Institute for Humane Studies at George Mason University to retain a master s student research assistant to assist me with research on my forthcoming book, Principled Liberty and American Character: The Federalist on Union, Enterprise, and War. --Grant of $20,000 in February 2012 from the APGAR Foundation for the Project on Liberty and American Constitutionalism (of which I am the director). --Bronze Good Citizenship Medal awarded by Utah Society of Sons of the American Revolution for promoting greater understanding of the U.S. Constitution in my book How to Read The Federalist Papers. Award presented September 11, 2010 in Ogden, Utah. --Grant of $20,000 in April 2010 from the APGAR Foundation for the Project on Liberty and American Constitutionalism (of which I am the director). --Grant of $30,000 in June 2009 from the APGAR Foundation for the Project on Liberty and American Constitutionalism (of which I am the director). --Grant of $4,000 in 2009 by the Heritage Foundation to write How to Read The Federalist Papers (Washington: The Heritage Foundation, 2010). This book was part of the Heritage Foundation s First Principles series. --Earhart Foundation Fellowship Research Grant of $15,000 (2005), provided to assist with preparation for Deconstructing the Republic: The Supreme Court, the Voting Rights Act, and the Founders Republicanism Reconsidered (Washington: The AEI Press, 2008). --National Research Initiative, American Enterprise Institute grant of $34,800 (2004).

12 12 UNIVERSITY TEACHING EXPERIENCE Utah State University ( ) Political Science 5140: Law, Politics, and War (2006-Present) Political Science 5130: Law and Policy (1997-Present) Political Science 4310: History of Political Thought I (Spring 2008) Political Science 4130: Constitutional Theory ( ) Political Science 4120 American Constitutional Law ( ) Political Science 3120 Law and Politics ( ) Political Science 4120: American Constitutional Law I ( ) Political Science 4130: American Constitutional Law II ( ) Political Science 489: Special Topics: Law and Policy (Winter 1998) Political Science 110: United States Government and Politics (Fall 1997) Ashland University (Adjunct Professor) The Supreme Court (Summer 2008) team taught with Professor Jeffrey Sikkenga Georgetown University (Adjunct Professor) Asia Institute for Political Economy. Taught one half of American Studies component of program at the University of Hong Kong, August 11-19, 2004 Asia Institute for Political Economy. Taught one half of American Studies component of program at the University of Hong Kong, August 9-14, 2002 International Institute for Political and Economic Studies. Taught Political Institutions component of program in Crete, Greece, July 22-26, 2002 Claremont McKenna College (Visiting Assistant Professor and Adjunct Instructor) Government 95: Legal Studies: An Interdisciplinary Introduction to Law (Spring 1997) Government 95: Legal Studies: An Interdisciplinary Introduction to Law (Spring 1997) Government 20: Introduction to American Politics (Spring 1997) Government 103: The Presidency and the Constitution (Fall 1996) Government 177: The Supreme Court and Representation (Fall 1996) Government 20: Introduction to American Politics (Fall 1996) Government 130: The Politics of Multiculturalism: Canada, Mexico, and the United States (Spring 1996) Government 20: Introduction to American Politics (Fall 1995) University of La Verne (Adjunct Instructor) Political Science 304: Contemporary Legal Issues (Spring 1996) Political Science 407: Constitutional Law (Fall 1995) Political Science 304: Contemporary Legal Issues (Spring 1995) Political Science 407: Constitutional Law (Fall 1994)

13 13 University of Redlands (Adjunct Instructor) Liberal Studies 311: Historical Aspects of Social and Organizational Theory (Spring 1995) Liberal Studies 150: Comparative Politics (Summer 1993) Woodbury University (Adjunct Instructor) Political Science 301: Political Theory (Fall 1994) Chapman University (Adjunct Instructor) Political Science 307: Mass Communications Law (Fall 1993) PROFESSIONAL EMPLOYMENT EXPERIENCE--LAW Lawyer, , Thomson, Rogers, Barristers and Solicitors, Suite 3100, 390 Bay Street, Toronto, Ontario, Canada. Articling Student, , Thomson, Rogers Past Member, Law Society of Upper Canada (Bar of Ontario, ). Completed Articles and Bar Admission Course in Toronto, Admitted to Law Society of Upper Canada, Resigned May 31, 2006.