David Upham

David R. Upham

Associate Professor of Law

Email: dupham@stu.edu

Mail:

St. Thomas University College of Law
Faculty Suite (209)
16401 NW 37th Ave
Miami Gardens, FL 33054


Education:


B.A., Middlebury College
M.A., Boston College
M.A., University of Dallas
Ph.D., University of Dallas
J.D., University of Texas School of Law


Professor Upham’s Curriculum Vitae

David R. Upham

Professor David R. Upham received his J.D. from the University of Texas and his Ph.D. in Politics from the University of Dallas. Professor Upham has extensive experience in commercial and civil litigation, and has for over fifteen years, taught graduate and undergraduate courses in law, American politics, and political theory.

Professor Upham’s scholarly work has focused on American constitutional history, and in particular the original meaning and development of the Fourteenth Amendment. His book, Taking American Citizenship Seriously and the Recovery of the Fourteenth Amendment, is scheduled for publication in early 2025.

Scholarship & Research

Books:

Taking American Citizenship Seriously and the Recovery of the Fourteenth Amendment (forthcoming 2025).

Book Chapters:

Protecting the Privileges of Citizenship: Founding, Civil War, and Reconstruction, in CHALLENGES TO THE AMERICAN FOUNDING: SLAVERY, HISTORICISM, AND PROGRESSIVISM IN THE NINETEENTH CENTURY 139–60. (Ronald J. Pestritto & Thomas G. West eds., 2004).

Articles:

An Essay on Substantive Due Process and the Original Meaning of the Fourteenth Amendment’s Due Process Clause, 11 FAULKNER L. REV. 35 (2019).

A Coherent Measure. PERSPECTIVES ON POLITICAL SCIENCE (August 2019).

The Understanding of “Neither slavery nor involuntary servitude shall exist” Before the Thirteenth Amendment, 15 GEO. J.L. & PUB. POL’Y 137 (2017).

The Founders and the Conditions of Popular Deliberation, in CONSTITUTIONALISM, EXECUTIVE POWER, AND POPULAR ENLIGHTENMENT 281 (Giorgi Areshidze, Paul Carrese, and Suzanna Sherry eds.) (SUNY Press, 2016).

Common Interpretation of Article IV, Section 2, INTERACTIVE CONSTITUTION, NATIONAL CONSTITUTION CENTER (August 2016), (co-authored with Professor Ariela Gross).

The Meanings of the “Privileges and Immunities of Citizens” on the Eve of the Civil War, 91 NOTRE DAME L. REV. 1117 (2016).

Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause, 42 HASTINGS CONST. L.Q. 213 (2015).

Judicial Activism and Individual Liberty, CATO UNBOUND: A JOURNAL OF DEBATE (February 2014) (with interlocutors Timothy Sandefur, Kermit Roosevelt III, and Sandhya Bathija).

Pope Pius XI’s Extraordinary—but Undeserved—Praise of the American Supreme Court, 14 RUTGERS J. L & REL. 25 (2013).

Corfield v. Coryell and the Privileges and Immunities of American Citizenship, 83 TEXAS L. REV. 1483 (2005).

Book Reviews:

Book Review, Why Not Chastity?, LAW AND LIBERTY, Aug. 17, 2023, reviewing KATY FAUST AND STACY MANNING, THEM BEFORE US: WHY WE NEED A GLOBAL CHILDREN’S RIGHTS MOVEMENT (2021).

Book Review, The Judge and the Republic, ONLINE LIBRARY OF LAW AND LIBERTY, Sept. 8, 2017, (reviewing WILLIAM DOMNARSKI, RICHARD POSNER (2016)).

Book Review, The Predictably Partisan Kennedy Court, ONLINE LIBRARY OF LAW AND LIBERTY, Feb. 20, 2015 (reviewing LAURENCE TRIBE AND JOSHUA MATZ, UNCERTAIN JUSTICE: THE ROBERTS COURT AND THE CONSTITUTION (2014)).

Book Review, Citizenship Has Its Privileges, ONLINE LIBRARY OF LAW AND LIBERTY, Oct. 6, 2014 (reviewing KURT T. LASH, THE FOURTEENTH AMENDMENT AND THE PRIVILEGES AND IMMUNITIES OF AMERICAN CITIZENSHIP (2014)).

Book Review, A New Birth of the Old Freedom, ONLINE LIBRARY OF LAW AND LIBERTY, Jan. 27, 2014 (reviewing GERARD N. MAGLIOCCA. AMERICAN FOUNDING SON: JOHN BINGHAM AND THE INVENTION OF THEFOURTEENTH AMENDMENT (2013)).

Book Review, The Journey of Indefinite Government, ONLINE LIBRARY OF LAW AND LIBERTY, Feb. 13, 2013 (reviewing DONALD T. CRITCHLOW & W.J. RORABAUGH, TAKEOVER: HOW THE LEFT’S QUEST FOR SOCIALJUSTICE CORRUPTED LIBERALISM (2012)).

Book Review, 50 IDEAS ON LIBERTY 61–62 (September 2000) (reviewing GARY ROSEN, AMERICAN COMPACT: JAMES MADISON AND THE PROBLEM OF FOUNDING (1999)).

Book Review, 98 THE FREEMAN 709–710 (November 1998) (reviewing HAMILTON’S REPUBLIC: READINGS IN THE AMERICAN DEMOCRATIC NATIONALIST TRADITION (Michael Lind ed. 1997)).