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



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

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).

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

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 Review1053 (1998).

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