Faculty and Staff

Rebecca E. Zietlow is Charles W. Fornoff Professor of Law and Values at the University of Toledo College of Law, where she teaches Constitutional Law, Federal Courts, and Constitutional Litigation. She received her B.A. from Barnard College, and her J.D. from Yale Law School. In 2012, she received the University of Toledo Outstanding Faculty Research Award.

Professor Zietlow’s scholarly interest is in the study of the Reconstruction Era, including the meaning and history of the Thirteenth and Fourteenth Amendments. Professor Zietlow is also an expert on constitutional theory, examining constitutional interpretation outside of the courts. Her book, Enforcing Equality: Congress, the Constitution and the Protection of Individual Rights, studies the history of congressional protection of rights, and the implications of that history for constitutional theory. Her work has been published in the Columbia Law Review, Boston University Law Review, Ohio State Law Journal, Florida Law Review, the Wake Forest Law Journal, and the University of Pennsylvania Journal of Constitutional Law, amongst other publications.

 

Publications

James Ashley’s Thirteenth Amendment, 112 Colum. L. Rev. ____ (Forthcoming 2012)

Popular Originalism? The Tea Party and Constitutional Theory, 63 Fla. L. Rev. ___ (Forthcoming 2012)

The Ideological Origins of the Thirteenth Amendment, 49 Houston L. Rev. ____ (forthcoming 2012)

The Political Thirteenth Amendment, 71 Md. L. Rev. ___ (Forthcoming 2011)

Democratic Constitutionalism and the Affordable Care Act, 72 Oh. St. L. Rev. ___ (Forthcoming 2011)

Progressive Popular Constitutionalism and the 2010 Patient Protection and Affordable Care Act, --- Oh. St. L. Rev. --- (forthcoming 2011).

Patterns of Inequality – Paradigms for Equality (Book Review), 45 Tulsa L. Rev. 863 (2010)     

Free at Last! Anti-Subordination and the Thirteenth Amendment, 90 B.U. L. Rev. 255 (2010)

The Promise of Congressional Enforcement, in Alexander Tsesis, Ed., The Promises of Liberty: Thirteenth Amendment Abolitionism and Contemporary Context (Columbia University Press, 2010)

The Rights of Citizenship: Two Framers, Two Amendments, 11 U. PA. J. of Const. L. 1269 (2009)

Belonging and Empowerment: A New “Civil Rights” Paradigm Based on Lessons of the Past (Review of The Lost Promise of Civil Rights by Risa Goluboff), 25 Const. Commentary 353 (2009)

The Judicial Restraint of the Warren Court (and Why it Matters), 69 Ohio St. L. J. 255 (2008)

The Auto-Lite Strike and the Fight Against “Wage Slavery” (with James Gray Pope), 38 Univ. Toledo L. Rev. 839 (2007)

Enforcing Equality: Congress, the Constitution, and the Protection of Individual Rights (NYU Press, 2006)

The New Parity Debate:  Congress and Rights of Belonging, 73 U. Cinn. L. Rev. 1347 (2005) (with Denise C. Morgan)

To Secure These Rights: Congress, Courts and the 1964 Civil Rights Act, 57 Rutgers L. Rev. 945 (2005)

Contributor, State Sovereignty and States' Rights, in THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (2d ed., 2005)

Juriscentrism and the Original Meaning of Section Five,  13 TEMPLE POLITICAL & CIVIL RIGHTS LAW REVIEW 485 (2004)

Civil Rights and Bingham's Theory of Citizenship , 36 AKRON L. REV. 717 (Symposium Issue) (2003) Federalism's Paradox:  The Spending Power and Waiver of Sovereign Immunity, 37 WAKE FOREST L. REV. 141 (2002).

Belonging, Protection and Equality: The Neglected Citizenship Clause and the Limits of Federalism , 62 U. PITT. L. REV. 281 (Winter, 2000).  

Beyond the Pronoun: Toward an Anti-Subordinating Method of Process , 10 TEX. J. WOMEN & L. 1 (Fall, 2000).

Exploring a Substantive Approach to Equal Justice Under Law , 28 N.M. L. REV. 411 (1998).

Writing Scholarship While You Practice Law , 3 MICH. J. OF RACE & LAW 589 (1998); reprinted in 5 MICH. J. OF RACE & LAW 767 (2000).

Giving Substance to Process: Countering the Due Process Counterrevolution , 75 DENV. U. L. REV. 9 (1997).

Supreme Court Finds Right to Waiver of Appellate Fees in Parental Rights Termination Cases, PUBLIC INTEREST L. REV.  (Fall 1997)

In the Supreme Court: Can a lack of funds bar an indigent mother from appealing the termination of her parental rights? WEST’S LEGAL NEWS (October 1, 1996)

Two Wrongs Don't Add Up To Rights: The Importance of Preserving Due Process In Light Of Recent Welfare Reform Measures 45 AM. U. L. REV. 1111 (1996)