New York University School of Law, J.D., 1991. CAITLIN E. BORGMANN CUNY School of Law 2 Court Square Long Island City, NY 11101 (718) 340-4503 caitlin.borgmann@law.cuny.edu EDUCATION N.Y.U. Law Review, Executive Editor. Battered Women Project, Board of Directors. Public Interest Summer Internship Grant Recipient, 1989 & 1990. Albert-Ludwigs-Universität, Freiburg, Germany, 1987-1988. Post-graduate study in philosophy. Yale University, B.A., Philosophy, 1987. EXPERIENCE City University of New York School of Law. Professor (June 2009-present); Associate Professor (Nov. 2007-June 2009); Assistant Professor (Aug. 2004-Nov. 2007). Courses taught: constitutional law; family law; business associations; lawyering seminar; legislative process and advocacy; reproductive rights. Current committee and other service: Reappointments Committee; Moot Court Faculty Advisor; Justice Roundtable Campaign Committee. Past committee and other service: Chair, Tenure Review Committees; Curriculum Committee; Admissions & Admissions Policy Committee; Administrative Screening Review Committee; Faculty/Student Disciplinary Committee; Sexual Harassment Committee; Sexual Harassment Education Committee; Law School Association; Law Students for Reproductive Justice Faculty Advisor; Public Interest Law Association Faculty Advisor. Columbia Law School. Visiting Scholar, Center for Gender & Sexuality Law (Aug. 2012-July 2013). Rutgers School of Law Newark. Adjunct Professor of Law (Spring Term 2004). American Civil Liberties Union, Reproductive Freedom Project. State Strategies Coordinator (Jan. 1997-Dec. 2002). Directed state legislative and policy program; provided strategic advice and legal analyses to ACLU affiliates, advocates, and legislators in all fifty states; administered grant program; conducted training programs and lectured extensively; testified before state legislatures; made numerous media appearances and gave press interviews. Litigated high-profile, constitutional reproductive rights cases: brought one of the first challenges to a state partial-birth abortion ban and won bench trial and appeal to First Circuit (Rhode Island Med. Soc y v. Whitehouse, 66 F. Supp. 2d 288 (D.R.I. 1999), aff d, 239 F.3d 104 (1st Cir. 2001)).
Borgmann, p. 2 Davis Polk & Wardwell, New York, N.Y. Litigation Associate (Aug. 1992-Dec. 1996). Hon. Robert P. Patterson, Jr., United States District Court, Southern District of New York. Law Clerk (Aug. 1991-Aug. 1992). American Civil Liberties Union, Reproductive Freedom Project. Legal Intern (Summer 1990). Office of the United States Attorney, Criminal Division, Eastern District of New York. Legal Intern (Summer 1989). FUNDRAISING AND LEADERSHIP CUNY School of Law Foundation, Board of Directors (2007-2013; 2014-present); Governance Committee (2014-present). National Abortion Federation, Board of Directors (2009-present); Executive Committee (2009-present); Chair, Bylaws Committee (2009-present); Quality Assurance and Improvement Committee (2009- present); Board Development Committee (2009-2011). American Civil Liberties Union, Governance Committee (2009-present); Corporate Personhood and Commercial Speech Committee (2011-present); Board of Directors (2008-2012); Special Nominating Committee (2010). American Civil Liberties Union of New Jersey, Study Advisory Committee (2014-present); Board of Trustees (2004-2012); Executive Committee (2005-2012); Governance Committee (2005-2010, Chair 2005-2007); Nominating, Elections & Affirmative Action Committee (2004, 2007-2010, Chair 2005); Secretary (2005-2008). Articles and Essays: PUBLICATIONS The Constitutionality of Government-Imposed Bodily Intrusions, ILLINOIS LAW REVIEW (forthcoming 2014). Abortion Exceptionalism and Undue Burden Preemption, 71 WASHINGTON & LEE LAW REVIEW (forthcoming 2014) (symposium). In Abortion Litigation, It s the Facts that Matter, 127 HARVARD LAW REVIEW FORUM 149 (2014). Appellate Review of Social Facts in Constitutional Rights Cases, 5 CALIFORNIA LAW REVIEW 101 (2013). Hollingsworth v. Perry: Standing Over Constitutional Rights, CUNY LAW REVIEW: FOOTNOTE FORUM (Nov. 2013).
Borgmann, p. 3 Roe v. Wade s 40th Anniversary: A Moment of Truth for the Anti-Abortion-Rights Movement?, 24 STANFORD LAW & POLICY REVIEW 245 (2013) (symposium). What the Mississippi Personhood Amendment Tells Us About Life, 81 MISSISSIPPI LAW JOURNAL SUPRA 115 (2011) (symposium). Abortion, the Undue Burden Standard, and the Evisceration of Women s Privacy, 16 WILLIAM & MARY JOURNAL OF WOMEN & THE LAW 291 (2010) (symposium). Rethinking Judicial Deference to Legislative Fact-Finding, 84 INDIANA LAW JOURNAL 1 (2009). Holding Legislatures Constitutionally Accountable Through Facial Challenges, 36 HASTINGS CONSTITUTIONAL LAW QUARTERLY 101 (2009) (symposium). The Meaning of Life : Belief and Reason in the Abortion Debate, 18 COLUMBIA JOURNAL OF GENDER & LAW 552 (2009) (reprinted in JEAN LEVERICH, ED., ISSUES ON TRIAL: ABORTION (Greenhaven Press 2010)). Judicial Evasion and Disingenuous Legislative Appeals to Science in the Abortion Controversy, 17 JOURNAL OF LAW & POLICY 101 (2009) (symposium). Legislative Arrogance and Constitutional Accountability, 79 SOUTHERN CALIFORNIA LAW REVIEW 753 (2006). Winter Count: Taking Stock of Abortion Rights After Casey and Carhart, 31 FORDHAM URBAN LAW JOURNAL 675 (2004) (symposium). Note, Battered Women's Substantive Due Process Claims: Can Orders of Protection Deflect DeShaney?, 65 N.Y.U. LAW REVIEW 1280 (Nov. 1990) (discussed in ELIZABETH M. SCHNEIDER, ET AL., DOMESTIC VIOLENCE AND THE LAW: THEORY AND PRACTICE 760-62 (Foundation Press 2007)). Published Lectures: Keynote Address: Untying the Moral Knot of Abortion, 71 WASHINGTON & LEE LAW REVIEW (forthcoming 2014) (symposium). Encyclopedia Entries: Gonzales v. Carhart, in THE ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (2008). Stenberg v. Carhart, in THE ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (2008). Op-Eds: The New Attack on Constitutional Reproductive Rights, JURIST (May 6, 2011).
Borgmann, p. 4 Nebraska Legislation Aimed at Undoing Roe vs. Wade, LOS ANGELES TIMES (Apr. 25, 2010) (quoted in Abortion s New Battle Lines, NEW YORK TIMES (op-ed column), by Charles Blow (Apr. 30, 2010)). New Nebraska Laws Defy Constitution, OMAHA WORLD-HERALD (Apr. 25, 2010). Abortion Parental Notice Laws: Irrational, Unnecessary and Downright Dangerous, JURIST (July 27, 2009). Selected Working Papers: A New Approach to Assessing the Constitutionality of Religious Exemptions (working paper 2006). Balancing Prayer and Privacy: Religious Refusals in the Family Law Context (working paper 2005). Reports: Religious Refusals and Reproductive Rights (ACLU Reproductive Freedom Project, Jan. 2002) (co-authored). SELECTED LECTURES AND PRESENTATIONS American Constitution Society National Convention, will moderate panel on Protecting Women's Reproductive Health Care in a Hostile Era. (scheduled for 6/20/14) U.C. Berkeley School of Law Symposium, Speech, Symbols, and Substantial Obstacles: The Doing and Undue ing of Abortion Law Since Casey : moderated panel for interdisciplinary conference on abortion law. (10/4/13) The Law and Society Association Annual Meeting: presented paper on the anti-abortion-rights movement forty years after Roe v. Wade. (5/31/13) Columbia Law School, Center for Gender & Sexuality Law: gave lecture on constitutionality of government-imposed bodily intrusions. (3/13/13) Loyola University Chicago School of Law Constitutional Law Colloquium: presented paper on constitutionality of government-imposed bodily intrusions. (11/2/12) The Law and Society Association, Annual Meeting, presented paper on appellate review of social facts in constitutional rights cases. (6/6/12) CUNY Law Review Symposium, Looking Forward: Rhonda Copelon s Legacy in Action and the Future of International Women s Human Rights Law, moderated reproductive rights panel. (3/30/12) Mississippi College School of Law: spoke at symposium on proposed state constitutional amendment to define personhood as beginning at fertilization. (10/25/11)
Borgmann, p. 5 Loyola University Chicago School of Law Constitutional Law Colloquium: presented paper on appellate review of social facts in constitutional rights cases. (10/21/11) Rutgers School of Law Newark: participated in Federalist Society debate on Roe v. Wade. (2/17/11) Rutgers School of Law Newark: presented on panel addressing reproductive rights. (4/14/10) William & Mary Journal of Women and the Law Symposium, From the Courtroom to the Mother s Womb: Protecting Women s Privacy in the Most Important Places : presented paper. (2/28/09) Hastings Constitutional Law Quarterly Symposium, The Roberts Court: Distinguishing As-Applied vs. Facial Challenges in the Midst of Ideological Differences : presented paper. (2/5/09) The Law and Society Association, Annual Meeting, presented on panels addressing reproductive rights. (5/29-6/1/08) Brooklyn Law School Symposium, The Partial-Birth Abortion Ban: Health Care in the Shadow of Criminal Liability : presented paper. (3/7/08) South Carolina Law Review Symposium, The Roberts Court and Equal Protection: Gender, Race, and Class : presented remarks. (2/29/08) Baldy Center for Law and Social Policy, University at Buffalo Law School, The Abortion Controversy in Context Conference: presented paper. (10/12/07) Fordham Law School Junior Faculty Colloquium: presented paper, Legislative Arrogance and Constitutional Accountability. (11/18/05) International Society of Family Law, 12 th World Conference (Salt Lake City, UT): presented paper, Balancing Prayer and Privacy: Religious Refusals in the Family Law Context. (7/22/05) New Jersey League of Women Voters Statewide Conference: delivered keynote address, Safe and Free: Liberty in Post-9/11 America. (10/16/04) Englewood-Tenafly Peace Group (Englewood, NJ): delivered lecture on USA PATRIOT Act. (6/14/04) Pace Law School Chapter, American Constitution Society: spoke about partial-birth abortion bans. (4/27/04) William Paterson University: spoke on panel addressing USA PATRIOT Act at conference for New Jersey high school students. (4/23/04) National Conference of State Legislatures, Annual Meeting (Denver, CO): organized and spoke on panel entitled Institutional Religion in the Public Sphere: Implications for Civil Liberties. (7/24/02)
Borgmann, p. 6 Pennsylvania Coalition Against Rape (Harrisburg, PA): conducted a workshop on religious refusals and emergency contraception for members of the sexual assault survivor counseling community. (1/16/02) Rutgers School of Law Camden: debated legislature s attempt to amend New Jersey constitution to permit legislature to require parental notice for pregnancy-related medical care for minors. (2/21/01) Religious Refusals and Reproductive Rights Conference (Washington, DC): organized national conference and led discussion group. (12/9/99) SELECTED MEDIA APPEARANCES Frequently quoted in national print and online media, including most recently (since 2011): New York Times, Washington Post, Wall Street Journal, Christian Science Monitor, USA Today, Atlantic, Slate, Politico, New Republic, American Prospect, Huffington Post, and National Review, among others. HuffPost Live, Legalese It!: live interview about internet research by Supreme Court Justices to find facts not in the trial record. (12/6/13) New Evangelization Television (NET): Refreshing Faith series: interview for profile on March for Life. (11/30/13) Sirius XM Radio: The Morning Briefing on POTUS Channel: live interview about North Dakota six-week abortion ban. (4/3/13) MSNBC: Martin Bashir show: live interview about North Dakota six-week abortion ban. (3/27/13) Minnesota Public Radio, The Daily Circuit: live interview about state abortion restrictions. (7/10/13) CNN: The Situation Room: live interview about proposed Mississippi constitutional amendment to define personhood as beginning at fertilization. (10/26/11) Geraldo Live! CNBC with Geraldo Rivera: live interview about incarceration of pregnant member of Christian fundamentalist sect to protect her fetus. (9/7/00) The O Reilly Factor, Fox Cable News: live interview about punishment of drug-dependent pregnant women for criminal child abuse. (6/14/00) Court TV: live interview about Nebraska case in which teenage girl s parents sued teenage boy s mother for civil damages for failure to prevent teens consensual sex. (6/15/98) Hannity & Colmes, Fox Cable News: live debate on issue of mandatory comprehensive sexuality education in public schools. (4/9/98) Hannity & Colmes, Fox Cable News: live debate on issue of prenatal genetic testing. (8/22/97)
Borgmann, p. 7 STATE LEGISLATIVE TESTIMONY Testified on the constitutionality of pending legislation in several state legislatures, including Kentucky, Maryland, Michigan, Nebraska, New Jersey, and Vermont. (1997-2010) SELECTED PROFESSIONAL ACTIVITIES & AFFILIATIONS Reproductive Rights Prof Blog, Founder and Sole Editor (Jan. 2007 to present). Law Students for Reproductive Justice, Academic Advisory Council (2011-present). Society of American Law Teachers, Member (2007-present). American Constitution Society, Member (2012-present). Barack Obama for America, Women s Policy Committee Member (May 2007-Nov. 2008). Advised campaign and prepared briefing papers on reproductive rights issues. New York State Bar Association, Committee on Women in the Law, Member (1995-1998). Chair, Subcommittee on Women in Correctional Facilities (1995-1998). Advocated on issues relating to women in correctional facilities, including privacy, education, health, and domestic violence; advocated successfully to the New York State Department of Corrections for the institution of specialized training for male staff working in female facilities. BAR ADMISSIONS New York Colorado U.S. Supreme Court U.S. Court of Appeals for the First Circuit U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Southern District of New York U.S. District Court for the Eastern District of New York