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Sanders, Steve

Visiting Assistant Professor
Fall 2012

833 Legal Research
734.764.8460
E-mail stevesan@umich.edu
Steve Sanders, visiting assistant professor, teaches constitutional litigation, sexuality and the law, and family law. He previously taught as a lecturer at Michigan, and has also taught at the University of Chicago Law School. His current scholarship focuses on issues at the intersection of constitutional law, conflict of laws, federalism, and family law. A former administrative staff member at Indiana University Bloomington, he also has interests in higher education law and issues of academic freedom.

Prof. Sanders has articles forthcoming in the Michigan Law Review and the University of Chicago Legal Forum. He has also written for the Chronicle of Higher Education, SCOTUSblog, the National Law Journal, ACS Blog, the New Republic, Chicago Sun-Times, Chicago Tribune, Baltimore Sun, and other print and online sources. He has given papers and lectures at the law schools of Yale, Michigan, Columbia, Georgetown, Duke, NYU, Wisconsin, Indiana, Iowa, and Michigan State. His professional activities include service as a member of the litigation committee of the American Association of University Professors, and as a member of the American Political Science Association's Committee on the Status of LGBTs in the Profession.

Before coming to Michigan, Prof. Sanders practiced as a member of the Supreme Court and appellate litigation group at Mayer Brown LLP in Chicago, where he briefed and/or argued cases in the U.S. Supreme Court, six federal circuit courts, three state supreme courts, and various district and state courts on matters including constitutional and civil rights claims, the marriage rights of same-sex couples, and academic freedom and the First Amendment rights of universities and faculty members. He has represented, among other clients, the ACLU, the American Association of University Professors, and the Thomas Jefferson Center for the Protection of Free Expression, as well as numerous major corporations, partnerships, and university faculty members.

He authored a widely referenced amicus brief for 23 law and history professors in Varnum v. Brien, in which the Iowa Supreme Court unanimously struck down the state's statutory ban on same-sex marriage. In Pottawattamie County v. McGhee, he became the most-junior Mayer Brown attorney to present a U.S. Supreme Court argument in a paid client matter. He has collaborated with such noted Supreme Court practitioners and scholars as Stephen M. Shapiro, Steven R. Shapiro, Tom Goldstein, Kathleen Sullivan, and Rodney Smolla. He formerly co-edited the ABA's Appellate Practice Journal.

Prof. Sanders received his JD, magna cum laude, from Michigan Law, where he was elected to the Order of the Coif and received the Bates Memorial Scholarship, the Law School's highest award to graduating seniors. He was an articles editor for the Michigan Law Review, and won prizes for best brief and best oral advocate in the Campbell Moot Court Competition. After law school he clerked for the Hon. Terence T. Evans on the 7th Circuit U.S. Court of Appeals.

His personal home page is at www.stevesanders.net.

Recent Publications


"Affirmative Action and Academic Freedom: Why the Supreme Court Should Continue Deferring to Faculty Judgments About the Value of Educational Diversity." Indiana Journal of Law and Social Equality (Forthcoming).
Full Text: SSRN

"The Constitutional Right to (Keep Your) Same-Sex Marriage: Why the Due Process Protects Marriages that Cross State Lines, Even if Conflict of Laws Cannot." Mich. L. Rev. (forthcoming)
Full Text: SSRN

"Interstate Recognition of Parent-Child Relationships: The Limits of the State Interests Paradigm and the Role of Due Process." University of Chicago Legal Forum (Fall 2011). (forthcoming)
Full Text: SSRN

"The Right to Marry, and the Right to Remain Married." SCOTUSblog (Aug. 23, 2011).
Full Text: WWW

"Why Iowa's Anti-Gay, Anti-Judiciary Conservatives are Unfaithful to their State's History and Traditions." American Constitution Society Blog (Aug. 5, 2001).
Full Text: WWW

"Obama and Same-Sex Marriage: The Lawerly Straddle Continues." University of Chicago Law School Faculty Blog (June 24, 2011).
Full Text: WWW

"Paul Clement, DOMA, and the Role of Lawyers for Unpopular Cases." University of Chicago Law School Faculty Blog (April 25, 2011).
Full Text: WWW

"Does 'Motivated Reasoning' Help Explain How Judges Decide Cases?" ABA Appellate Practice Journal 30, no. 2 (Winter 2011): 1, 9-11.

"DOJ Abandons Defense of the 'Defense of Marriage Act': First Thoughts." University of Chicago Law School Faculty Blog (Feb. 23, 2011).
Full Text: WWW

"New Biography Traces the Career of John Paul Stevens." ABA Appellate Practice Journal 29, no. 4 (Summer 2010): 1, 10-2.

"Where Sovereigns and Cultures Collide: Balancing Federalism, Tribal Self-Determination, and Individual Rights in the Adoption of Indian Children by Gays and Lesbians." Wisc. J. L. Gender, Soc'y 25, no. 2 (2010): 327.
Full Text: SSRN | HEIN (UMich users) | HEIN | Lexis
Professor

Activities

Currently serves as co-counsel to the American Association of University Professors as amicus curiae in Capeheart v. Terrell, U.S. Court of Appeals for the Seventh Circuit (No. 11-1473).

Participant, Research Seminar on Academic Freedom, Free Speech, and the First Amendment, Institute for Constitutional History and the Stanford Constitutional Law Center, June 2011.

Organized and moderated symposium on "Marriage and the Future of DOMA: Law, Politics, Families, and Federalism,” Maurer School of Law, Indiana University Bloomington, April 2011.

Taught seminar on Academic Freedom at the University of Chicago Law School, spring 2011.

Presented paper, "The Right to (Keep Your) Same-sex Marriage," Workshop on Regulation of Sex, Gender, and Family, University of Chicago Law School, February 2011.

Panelist and moderator, roundtable on Martha C. Nussbaum's "From Disgust to Humanity: Sexual Orientation and Constitutional Law," University of Michigan Law School, November 2010.

Panelist for a discussion about recent litigation concerning marriage rights for same-sex couples, Indiana University Maurer School of Law, 2010.

Presented symposium paper, "When Cultures and Sovereigns Collide: Balancing Individual Rights, Tribal Traditions, and Federalism in the Adoption of Indian Children by Gay Men, Lesbians, and Same-Sex Couples," University of Wisconsin Law School, 2010.

 
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