Curriculum Vitae

Laura S. Underkuffler

School Address

Duke University School of Law
P.O. Box 90360
Durham, NC 27708-0360
919.613.7085
underkuffler@law.duke.edu

Honors and Awards:

Arthur Larson Distinguished Professorship, Duke University, 2006
Dean's Prize for Faculty Scholarship, 2003
Distinguished Teaching Award, 2003

Academic Appointments:

Duke University School of Law
Professor, July, 1990 - present
Harvard Law School
Visiting Professor, Spring 2005
University of Pennsylvania Law School
Visiting Professor, 2000-2001
Georgetown University Law Center
Visiting Professor, Spring 2000
University of Maine Law School
Godfrey Visiting Professor, Fall 1999

Publications:

Book - The Idea of Property: Its Meaning and Power (Oxford University Press - U.K. 2003)
(Spanish translation forthcoming - LexisNexis Publishers, Chile, 2006)
Book - Captured by Evil: The Idea of Corruption in Law (forthcoming)
Human Genetics Studies: The Case for Group Rights, 35 Journal of Law, Medicine & Ethics (forthcoming 2006)
Kelo’s Moral Failure, 15 William and Mary Bill of Rights Journal (forthcoming 2006)
Review of Robert M. Fogelson, Bourgeois Nightmares: Suburbia, 1870-1930, Law and History Review (forthcoming 2007)
The Just and the Wild, 18 Yale Journal of Law & the Humanities 171 (2006)
Tahoe’s Requiem: The Death of the Scalian View of Property and Justice, 21 Constitutional Commentary 727 (2004) [2006]
Telling Property Stories, 55 Journal of Legal Education 152 (2005) (reviewing Property Stories, Gerald Korngold & Andrew P. Morriss eds., 2004)
Davie and the Limits of Equality, 40 Tulsa Law Review 101 (2004) (symposium)
Thoughts on Smith and Religious-Group Autonomy, 5 Brigham Young University Law Review 1773 (2004) (symposium)
The “Blaine” Debate: Must States Fund Religious Schools?, 2 First Amendment Law Review 179 (2003)
Moral Rights, Judicial Review, and Democracy: A Response to Horacio Spector, 22 Law and Philosophy 335 (2003)
Public Funding for Religious Schools: Difficulties and Dangers in A Pluralistic Society, 27 Oxford Review of Education 577 (2001) (symposium - issues of government funding of religious schools in the United Kingdom, Europe, and the United States)
Religion, History, and the Constitution, 16 Journal of Law and Religion 559 (2001) (reviewing Religion and the Continental Congress, 1774-1879: Contributions to Original Intent, by Derek H. Davis (2000))
The Price of Vouchers for Religious Freedom, 78 University of Detroit Mercy Law Review 463 (2001) (symposium)
When Should Rights Trump? An Examination of Speech and Property (adapted from Edward S. Godfrey Endowed Lecture), 52 Maine Law Review 2 (2000)
Vouchers and Beyond: The Individual as Causative Agent in Establishment Clause Jurisprudence, 75 Indiana Law Journal 155 (2000) (symposium)
Agentic and Conscientic Decisions in Law: Death and Other Cases, 74 Notre Dame Law Review 101 (1999)
El Concepto de Corrupci�n (The Nature of Corruption), in Fracturas en la Gobernabilidad Democratica (Ra�l Urz�a and Felipe Ag�ero eds.) (Santiago: Universidad de Chile, Centro de An�lisis de Pol�ticas P�blicas, 1998)
Religious Guarantees in a Pluralistic Society: Values, Problems, and Limits, 12 South African Public Law 32 (1997)
Takings and the Nature of Property, 1X Canadian Journal of Law and Jurisprudence 161 (1996)
Property: A Special Right, 71 Notre Dame Law Review 1033 (1996)
Yoder and the Question of Equality, 25 Capital University Law Review 789 (1996) (symposium)
The Separation of the Religious and the Secular: A Foundational Challenge to First Amendment Theory, 36 William and Mary Law Review 837 (1995)
The Perfidy of Property, 70 Texas Law Review 293 (1991)
Individual Conscience and the Law, 42 De Paul Law Review 93 (1992) (symposium)
On Property: An Essay, 100 Yale Law Journal 127 (1990), reprinted in II Property Law - The International Library of Essays in Law and Legal Theory (Elizabeth Mensch and Alan Freeman eds.) (New York: New York University Press 1992)
Discrimination on the Basis of Religion: An Examination of Attempted Value Neutrality in Employment, 30 William and Mary Law Review 581 (1989)

Selected Addresses:

Invited Address, "Teaching Property from Transnational Perspectives" , AALS Conference, Washington, D.C. (January, 2006)
Paper Presentation, "The Just and the Wild in Property" , Yale Law School (November, 2005)
Paper Presentation, "The Idea of Corruption" , Annual Meeting of the European Society of Criminology, Cracow, Poland (August 2005), and Corruption Conference, Hebrew University, Jerusalem (June, 2005)
Paper Presentation, "Captured by Evil: The Idea of Corruption in Law" , Faculty Workshop at Harvard Law School (May, 2005), Faculty Workshop at University of California - Davis School of Law (October, 2005), and Legal Studies Workshop at the University of Virginia School of Law (November, 2005)
Invited Address, "Van Orden v. Perry and McCreary v. ACLU: Ten Commandments and Government" , Princeton University, Program in Law and Public Affairs (May, 1005)
Invited Address, "Property and Human Dignity" , given at The Inaugural Brigham Kanner Property Rights Scholarship Award Conference, William and Mary College of Law (in honor of Prof. Frank Michelman) (November, 2004)
Paper Presentation, "Property, Privacy, and Genetic Information" , Conference in Bioethics, Genetics, and Group Rights, Arizona State University (October, 2004)
Paper Presentation, "Tahoe’s Requiem: The Scalian View of Takings and Property" , 2nd Annual Constitutional Theory Conference, NYU Law School (October, 2004)
Paper Presentation, "Tahoe’s Requiem" , Faculty Workshops at the University of Connecticut Law School (February, 2005), Seton Hall University Law School (October, 2004) and University of Indiana- Indianapolis School of Law (September, 2004)
Paper Presentation, "Comparative Law and Takings" , plenary session of the AALS Conference on Environmental and Property Law, University of Oregon (June, 2004)
Paper Presentation, "Church Autonomy and Free Exercise" , Conference on Church Autonomy, Brigham Young University Law School (February, 2004)
Paper Presentation, "The Idea of Property" , Faculty Workshop, University of North Carolina Law School (January, 2004)
Point/Counterpoint on "Takings and Property" , with Prof. Carol Rose, University of Maine Law School (September, 2003)
Paper Presentation, "The Post-Zellman Landscape: State Funding of Religious Schools" , University of Maine School of Law (September, 2003)
Paper Presentation, "State 'Blaine' Amendments: Are They Constitutional?" , University of North Carolina Law School and Pew Forum on Religion and Public Life (March, 2003)
Paper Presentation, "Visions of Property in Takings Cases: A Question of Justice" , Fourth Annual Duke Public Law Conference (December, 2002)
Radio Address, "The Political and Social Idea of Property" , with Prof. James Ely, Chicago Public Radio (December, 2002)
Paper Presentation, "A Reply to Horacio Spector" , Workshop in Law and Philosophy, University of North Carolina (October, 2002)
Presentation, "The Meaning of Property" , ITT Chicago-Kent School of Law (October, 2002)
Commencement Address, "Law and Conscience" , University of Maine School of Law (May, 2002)
Paper Presentation, "Vouchers, Individual Choice, and State Neutrality: Hidden Dangers for Religious Freedom" , University of Detroit Mercy School of Law (October, 2000)
Member of Study Team, "Workshop on Corruption and International Law" , Duke University School of Law (November, 2000)
Edward S. Godfrey Fund Lecture, "Property: A Special Right?" , University of Maine School of Law (November, 1999)
Paper Presentation, "Vouchers and Beyond: The Individual as Causative Agent in Establishment Clause Jurisprudence" , Indiana University School of Law - Bloomington (April, 1999)
Panelist, "Roundtable on Legal Theory: History, Philosophy, Aesthetics, and Post - Modernism in Property Law and Rhetoric" , Working Group on Law, Culture, and the Humanities, Georgetown University Law Center (March, 1998)
Paper Presentation, "Property Rights and Religious Freedom Issues Under the New South African Constitution" , University of South Africa, Pretoria (October, 1996)
Paper Presentation, "Theories of Corruption" , Conference on Issues in Democratic Governance, Universidad de Chile, Santiago, Chile (July, 1996)
Paper Presentation, "Property Theory and Chinese Rights in Property" , Workshop on Chinese Rights in Property, Columbia University (May, 1996)
Member of Study Team, "Environmental Reform: The Next Generation Project" , Yale Law School and Yale Center for Environmental Law and Policy (May, 1996)
Chair, Section on Constitutional Protection of Property, "International Colloquium: Property Law on the Threshold of the 21st Century" , Rijksuniversiteit Limburg, Maastrict, the Netherlands (August, 1995)
Member of Study Team, "Corruption and Democratic Governance Issues" , Office of the Attorney General, Caracas, Venezuela (May, 1993)
Paper Presentation, "What Is Corruption?" , Overseas Development Council, Washington, DC (March, 1993)
Paper Presentation, "The Separation of the Religious and the Secular: An Inquiry" , Faculty Workshop of New York University School of Law (January, 1992)
Paper Presentation, "Conscience and the Law" , Center for Law and Religion, De Paul University (symposium) (December, 1991)
Paper Presentation, "The Justice Content of Property" , Cleveland-Marshall School of Law (symposium) (October, 1991)

Professional Experience:

Woodrow Wilson International Center for Scholars
Fellow, 1993
South America - study of the concept of corruption
United States Senate
Special Counsel, 1991 - 1992
Legal advisor for Senator Paul Wellstone
Yale Law School
Tutor in Law, 1988 - 1990
Research Fellow, 1987 - 1988
Advisory Committee to the United States Court of Appeals for the Eighth Circuit
Member, 1984 - 1986
Minnesota State Public Defender (Appellate Division)
Attorney, 1985 - 1986
Representation of indigent persons convicted of felonies on appeal in federal and state courts
Meagher, Geer, Markham, Anderson, Adamson, Flaskamp, & Brennan
Attorney, 1979 - 1985
Partner, 1985
Head of appellate department; briefed and argued more than 30 appeals in federal
and state courts
Honorable Gerald W. Heaney
United States Court of Appeals for the Eighth Circuit
Law Clerk, 1978 - 1979

Academic Preparation:

Yale Law School
Doctor of the Science of Law, 1994
Master of Laws, 1987
- Honors in 20 of 24 credit hours
William Mitchell College of Law
Juris Doctor, 1978
- Magna Cum Laude
Carleton College
Bachelor of Arts, 1974
- Degree conferred “with Distinction” in major fields of study (urban studies, political science)
- Magna Cum Laude
- Phi Beta Kappa and Mortar Board (National Women’s Honor Society)