Marybeth Herald
Professor of Law
J.D., Harvard University,
cum laude;
B.A., Michigan State University,
with high honors
Telephone: 619.374.6917
Email: 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, emphasizing trial and appellate work. She served as counsel to several public agencies and corporations. Professor Herald has published articles exploring the legal and political relationship of the United States territories and in other areas of constitutional law, including the First Amendment and gender issues. She joined the faculty in 1991 and served as Associate Dean from 1994 to 2002. Professor Herald was recognized as one of San Diego’s Top Attorneys in Academics in 2006.
Scholarship
Explaining the Differences: Transgender Theories and Court Practice, Sexual Orientation, Gender Identity, and the Struggle for Law (Scott Barclay, Mary Bernstein, and Anna-Marie Marshall, eds.) (forthcoming 2008)
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 Marinana Islands: A Change in Course Under Its Covenant with the United States, 71 Or. L. Rev. 127 (1992)
Subjects include:
Advanced Constitutional Law, Constitutional Law, Contracts, Evidence, Law and Psychology.
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