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Professor Mark Weiner photo
J.D., Yale
Ph.D., Yale
A.B., Stanford
Constitutional Law, History of the Common Law, Free Speech, Church-State Relations, State Constitutional Law
Professor Weiner’s blog from Iceland where he spent the fall 2009 semester as a Fulbright Fellow at the University of Akureyri

Faculty Profile (Back to Menu)

Mark S. Weiner

Professor of Law and Sidney I. Reitman Scholar
(on leave 2014-2015 academic year)

Professor Weiner received his A.B. from Stanford University, where he graduated with honors and distinction and was elected to Phi Beta Kappa. He holds a J.D. from Yale Law School and a Ph.D. in American Studies from Yale University, where he was awarded a Jacob K. Javits Fellowship from the U.S. Department of Education, a Samuel I. Golieb Fellowship in Legal History from New York University School of Law, and a dissertation fellowship from the Mrs. Giles Whiting Foundation.

Professor Weiner is the author of Black Trials: Citizenship From the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004), which was selected a 2005 Silver Gavel Award winner by the American Bar Association. Professor Weiner also received a year-long fellowship from the National Endowment for the Humanities for Black Trials. His latest book, Americans without Law: The Racial Boundaries of Citizenship (NYU Press, 2006), was awarded the President’s Book Award from the Social Science History Association.

Professor Weiner has been named the 2009/2010 Chancellor’s Distinguished Research Scholar at Rutgers University, Newark. In the fall of 2009, he was a Fulbright Fellow at the University of Akureyri, Iceland.



The Rule of the Clan: What an Ancient Form of Social Organization Can Teach Us About Modern Law and Culture (Farrar, Straus and Giroux, 2013). 

Americans Without Law: The Racial Boundaries of Citizenship (New York University Press, 2006; paperback, 2009). 

Black Trials: Citizenship from the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004; Vintage Paperback, 2006). 

Academic Articles, Blog Posts, and Other Writings 

A History of the Common Law,Rethinking History 16 (1) (2012) (Special Issue: History as Creative Writing 3).

“Die Amerikanische Bürgerrechtsbewegung und die Kulturgeschichte des Rechts” (The American Civil Rights Movement and the Cultural History of Law) (Johanna Timm, trans.), forthcoming in Michael Anderheiden and Stephen Kirste, Interdisziplinarität in den Rechtswissenschaften – Innen- und Außenperspektiven (Interdisciplinary in Legal Studies: Inside and Outside Perspectives). Manuscript available upon request.

“Domingo Sarmiento and the Cultural History of Law in the Americas,” Rutgers Law Review 63(3), 101-115 (festschrift volume for Prof. John Payne).

“Constitutional amendments need to solve today’s political problems,” Star-Ledger, August 5, 2011

“Rule of the Clan a Challenge to Progress in the Middle East, North Africa” (with John J. Farmer, Jr.), Star-Ledger, July 17, 2011

“Religious Freedom and the Rule of the Clan in Muslim Societies,” The Review of Faith and International Affairs, Summer 2011, 39-45. 

“Liberal History and Historical Style After Virtue,” in “Questioning the Assumptions of Academic History: A Forum,” in Historically Speaking: Bulletin of the Historical Society 12 (1) (January 2011), 15-17. Other forum participants: Christopher Shannon (“From Histories to Traditions: A New Paradigm for the Study of the Past”), Elisabeth Lasch-Quinn, Daniel Wickberg. 

“Public Memory and the Rule of Law in an Age of Globalization and the Internet: Lessons from Iceland,” Lögfræðingur 1 (4) (2010), 59-74 (law journal of the University of Akureyri, Iceland)

“Teachable Trials in the Social Studies Classroom,” Social Education 74 (3) (May/June 2010) (flagship journal of National Council for Social Studies) (essay for high school social studies teachers).

“Professor Mark Weiner on Life in Iceland as a Fulbright Scholar,” Rutgers School of Law web page, February 2010

Legal History Blog, posts about the transformation of Icelandic legal memory, August-September 2009