Marybeth Herald
Marybeth Herald
Professor of Law
J.D., Harvard University, cum laude;
B.A., Michigan State University, with high honors
B.A., Michigan State University, with high honors
Phone: (619) 961-4257
E-mail: marybeth@tjsl.edu
After a clerkship with the United States Ninth Circuit Court of Appeals, Professor Herald worked as a staff attorney at Micronesian Legal Services Corporation in the Mariana Islands in the western Pacific. She then began a private law firm in the Mariana Islands, engaging in a general law practice for six years with an emphasis in trial and appellate work. She served as counsel to several public agencies and corporations. She joined the TJSL faculty in 1991 and served as Associate Dean from 1994 to 2002.
Professor Herald has published numerous articles exploring constitutional issues relating to the First Amendment, gender, the intersection of law and psychology, and the legal and political status of U.S. territories. Her most recent articles discuss cognitive biases implicit in judicial decisions about gender. Professor Herald was recognized by her peers as one of San Diego's Top Attorneys in Academics for 2006, 2008, 2009 and 2011.
Courses include:
Advanced Constitutional Law, Constitutional Law, Contracts, Evidence, Law and Psychology.
Scholarships
ARTICLES, BOOK CHAPTERS, AND ARTICLE-LENGTH WORKS
Book Review “I MEAN TO SUCCEED:” CLARA FOLTZ AND THE REINVENTION OF SELF, 53 Am. J. Legal Hist. 131 (with Sandra Rierson) (2013)
Situations, Frames and Stereotype: Cognitive Barriers on the Road to Nondiscrimination? 17 Mich. J. Gender & Law 39 (2010)
Beyond the Binary: What Can Feminists Learn From Intersex and Transgender Jurisprudence? 17 Mich. Journal of Gender & Law 13 (2010) (with Julie Greenberg and Mark Strasser)
Explaining the Differences: Transgender Theories and Court Practice, in Queer Mobilizations: LGBT Activists Confront the Law (Scott Barclay, Mary Bernstein, and Anna-Marie Marshall, eds.) (2009)
Deceptive Appearances: Judges, Cognitive Bias, and Dress Codes, 41 U.S.F.L. Rev. 299 (2007)
Transgender Theory: Reprogramming Our Automated Settings, 28 Thomas Jefferson L. Rev. 167 (2005)
You Can’t Take it With You: Constitutional Consequences of Interstate Gender Identity Rulings, 80 Wash. L. Rev. 819 (with Julie Greenberg) (Fall 2005)
Eyes Wide Shut: Erasing Women’s Experience, from the Clinic to the Courtroom, 28 Harv. Women's L.J. 285 (2005) (with Ellen Waldman)
A Bedroom of One's Own: Law and Sexual Privacy After Lawrence v. Texas, 16 Yale J. L. and Feminism 1 (2004)
Until Life Support Do Us Part: A Spouse's Limited Ability to Terminate Life Support for an Incompetent Spouse With No Hope of Recovery, 24 T. Jefferson L. Rev. 207 (2002)
Licensing Speech: The Case of Vanity Plates, 72 U. Colo. L. Rev. 595 (2001)
Closed Chambers and Closed Minds: Some Snapshots Taken Inside the Supreme Court, reviewing Edward Lazarus, Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court (1998), 103 Dickinson L. Rev. 89 (1998)
Reversed, Vacated, and Split: The Supreme Court, the Congress, and the Ninth Circuit, 77 Or. L. Rev. 405 (1998)
Does the Constitution Follow the Flag Into the United States Territories or Can It Be Separately Purchased and Sold?, 22 Hastings Const. L.Q. 707 (1995)
The Northern Mariana Islands: A Change in Course under Its Covenant with the United States, 71 Or. L. Rev. 127 (1992)
Presentations
The Intersex (DSD) Movement: Developing Legal and Extra-Legal Strategies, The National LGBT Bar Association, Lavender Law Conference, Washington D.C. (August 24, 2012)
The Author’s Perspective, Author-Board Relations Panel, National Conference of Law Reviews, San Diego, CA (April 12, 2011)
Constitutional Issues in the Health Care Act, American Constitution Society, Thomas Jefferson School of Law, San Diego, CA (October 22, 2010)
Cognitive Bias and Judicial Decision Making, National Association of Administrative Law Judges, Annual Conference, Pepperdine Law School, Malibu Law School, October, 2010
My Body, My Bedroom: A Peek at the Privacy Doctrine from Contraception to Sex Toys, Law Students for Reproductive Justice, Thomas Jefferson School of Law, January, 2010
Criminalization of Pregnancy, University of San Diego, San Diego, November 2009
Revisiting Disability Frames, Lavender Law Annual Conference, Brooklyn, New York, September, 2009
Whose Views Count in Discerning What is Just? Chair and Discussant, Law and Society Conference, Denver, Colorado, May, 2009
What Reproductive Choices Does the Constitution Protect? American Constitution Society, San Diego, CA, May, 2009
Understanding Cognitive Bias in the Legal Profession, Elimination of Bias Guest Lecture, Minnesota Bar Association, Minneapolis, Minnesota, March 2009
The Lessons Feminist Legal Theorists Can Learn from Intersex and Transgender Jurisprudence, Michigan Feminist Theory Conference, Ann Arbor, Michigan, February 2009
Bias in the Courtroom: Beyond Intentional Discrimination, Lavender Law Annual Conference, San Francisco, CA, Sep 2008
Family Law and Psychology, Nice Law School, Nice, France, July 2008
Thinking Globally - Is it Possible?: A Psychological Perspective, Nice Law School, Nice, France, July 2008
A Therapeutic Approach to Law School, Therapeutic Jurisprudence Conference, San Juan, Puerto Rico, June 2008
Brain Science 101: Bringing the Delphic Oracle to Law School, Humanizing Legal Education Symposium, Washburn University School of Law, Topeka, KS, Oct. 20, 2007
Bias: Theory and Practice, Lavender Law Annual Conference, Chicago, IL, Sept. 7, 2007
Bottled Happiness: Confronting Prescription Drug Advertising and the Desire to Believe, International Association of Law and Mental Health, Padua, Italy, June 26, 2007
It's All in the Framing: Structuring Constitutional Law Claims to Advance LGBT Rights, Lavender Law Conference, Washington, D.C., Sept. 2006
Constitutional Consequences: Transgender Marriage Law, Lavender Law Conference, San Diego, CA, Oct. 2005
Don’t Ask, Don’t Tell: Balancing Medical Training and Patient Privacy, UCSD Medical School, La Jolla, CA, June 2005
Transglobal Transformation Through Transgender Theory, Fifth Annual Women and the Law Conference: The Global Impact of Feminist Legal Theory, Thomas Jefferson School of Law, San Diego, CA, Feb. 2005
You Can’t Take it with You: Constitutional Limitations on Interstate Identity Rulings, The Williams Project and UCLA Faculty Colloquium, Los Angeles, CA, Oct. 2004
Sex Determinations and Same Sex Marriages: Will They Be Entitled to Full Faith and Credit?, Law and Society Annual Meeting, Chicago, IL, May 2004
Expertise
Civil Litigation
- Appellate Practice
Civil Rights
Communication Law
- Media and the Law
Constitutional Law
- Constitutional Law
- Equal Protection
- First Amendment/Freedom of Expression
- Freedom of Religion
International Law
- Micronesia U.S. Relations
Women's Issues
- Women and the Law
