Mark D. Rosen

University Distinguished Professor, Professor of Law

Professor Rosen joined Chicago-Kent in the fall of 1999, and was a Visiting Professor at the University of Minnesota Law School in 2005-06.  One of Professor Rosen's articles received the Outstanding Scholarly Paper Award from the Association of American Law Schools. He graduated magna cum laude from Yale College with a B.A. in economics and political science, and received his J.D. cum laude from Harvard Law School, where he was articles editor of the Harvard Law Review.

Prior to joining Chicago-Kent, Professor Rosen was a Bigelow Fellow and Lecturer in Law at the University of Chicago Law School.  Before that, Professor Rosen clerked for the Honorable Bruce M. Selya, United States Court of Appeals for the First Circuit, and was an attorney at the law firm of Foley, Hoag & Eliot in Boston, where he focused on complex and appellate litigation.  Professor Rosen's scholarly interests include constitutional law, conflicts of law, civil procedure, state and local government law, election law, and Federal Indian law. He has published in the Harvard Law Review, the University of Pennsylvania Law Review (twice), the California Law Review, the Virginia Law Review, the Texas Law Review, the Minnesota Law Review (four times), the University of Chicago Law Review, the William and Mary Law Review (four times), the Wisconsin Law Review, the Chicago-Kent Law Review, the Emory Law Journal, the Journal of Law and Politics, Constitutional Commentary, and the Journal of Contemporary Legal Issues, among others. He teaches constitutional law, civil procedure, conflicts of law, state and local government law, election law, and Federal Indian Law.


J.D., Harvard Law School
B.A., Yale University



Interstate Sovereign Immunity and the Uncompleted Constitution, 74 Hastings Law Journal xx (forthcoming 2023)

History:  License or Limit in Constitutional Adjudication?,  in Francesco Biagi, Justin O. Frosini, Jason Mazzone (eds.), Comparative Constitutional History. Volume 2:  Uses of History in Constitutional Adjudication (Brill, Leiden, 2022)

Co-editor, Constitutions in Times of Financial Crisis (Cambridge University Press 2019)

Congress and Constitutional Decisionmaking, 40 Cardozo Law Review 2769 (2019). 

Legislatures and Constitutions in Times of Severe Financial Crisis, chapter in Constitutions in Times of Financial Crisis (CUP 2019).

Making Sense of Equality(book review of Jeremy Waldron, One Another’s Equals), 33 Constitutional Commentary 493 (2018). 

Marijuana, State Extraterritoriality, and Congress, 58 Boston College Law Review 1013 (2017).

Two Ways of Conceptualizing the Relationship Between Equality and Religious Freedom, 4 Journal of Religion, Law and the State 117 (2016). 

Choice-of-Law as Non-Constitutional Federal Law, 99 Minnesota Law Review 1017 (2015).

When Are Constitutional Rights Non-Absolute?  McCutcheon, Conflicts, and the Sufficiency Question, 56 William & Mary Law Review 1535 (2015) 

Religious Institutions, Liberal States, and the Political Architecture of Overlapping Spheres2014 University of Illinois Law Review 737

Beyond Interpretation:  The “Cultural Approach” to Understanding Extra-Formal Change in Religious and Constitutional Law, 2 Journal of Law, State And Religion 200 (2013) (invited symposium contribution).

Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case, 61 UCLA Law Review 66 (2013) (with Christopher W. Schmidt).

The Structural Constitutional Principle of Republican Legitimacy, 54 William and Mary Law Review 371 (2012).

The Unfortunate Parochialism of the SPEECH Act, 52 Virginia Journal of International Law 99 (2012) (invited symposium contribution).

State Extraterritorial Powers Reconsidered, 85 Notre Dame Law Review 1133 (2010). 

Contextualizing Preemption, 101 Northwestern University Law Review 781 (2008).

Hard or Soft Pluralism? – Positive, Normative, and Institutional Considerations of States’ Extraterritorial Powers, 51 Saint Louis University Law Journal 714 (2007).

Revisiting Youngstown:  Against the View that Jackson’s Concurrence Resolves the Relation Between Congress and the Commander-In-Chief54 UCLA Law Review 1703 (2007). 

Was Shelley v. Kraemer Incorrectly Decided? Some New Answers, 95 California Law Review 451 (2007).

The Surprisingly Strong Case for Tailoring Constitutional Principles, 153 University of Pennsylvania Law Review 1513 (2005).

Exporting the Constitution, 53 Emory Law Journal 171 (2004).

Multiple Authoritative Interpreters of Quasi-Constitutional Federal Law: Of Tribal Courts and the Indian Civil Rights Act, 69 Fordham Law Review 479 (2000).

Our Nonuniform Constitution: Geographical Variations of Constitutional Requirements in the Aid of Community, 77 Texas Law Review 1129 (1999).

The Outer Limits of Community Self-Governance in Residential Associations, Municipalities, and Indian Country: A Liberal Theory, 84 Virginia Law Review 1053 (1998).

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