Faculty Profiles

Mary L. Dudziak

Mary L. Dudziak

Asa Griggs Candler Professor of Law

Areas of Expertise

Civil Rights History, Constitutional Law, Constitutional and Legal History, Law and War, Diplomatic History, Foreign Relations Law, Legal History

Curriculum Vitae

Mary L. Dudziak is a leading scholar of legal history and the United States and the World. She works at the intersection of US domestic law and international affairs. She is currently writing about war and political accountability in American history. Her earlier scholarship examined the intersection of race, civil rights, and US foreign affairs during the Cold War, and topics in twentieth century US legal history. Dudziak' s courses include Foreign Relations Law, Constitutional Law, 20th Century US Constitutional History, Going to War (a history and political science course), and a seminar and colloquium on War and Security in Law, Culture, and Society. 

Dudziak is the author of War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012); Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press, 2008); Cold War Civil Rights: Race and the Image of American Democracy (Princeton University Press, 2000) (2nd ed. 2011); editor of September 11 in History: A Watershed Moment? (Duke University Press, 2003); and co-editor (with Leti Volpp) of Legal Borderlands: Law and the Construction of American Borders, a special issue of American Quarterly (September 2005), reissued by Johns Hopkins University Press in March 2006. Her next book, Going to War: An American History, is under contract with Oxford University Press. Other works on civil rights history and 20th-century constitutional history have appeared in numerous law reviews and other journals. She has published essays in Foreign Affairs, the New York Times, Washington Post, and other periodicals. She founded the Legal History Blog, and contributes to Balkinization.

Prior to joining Emory Law in 2012, Dudziak was the Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science at the University of Southern California Gould School of Law; she also held joint appointments in USC's departments of history and political science. Before moving to USC Law, she was a professor of law and history at the University of Iowa, and a law clerk for Judge Sam J. Ervin, III, of the Fourth US Circuit Court of Appeals. Prof. Dudziak served as the John Hope Franklin Visiting Professor of American Legal History at Duke Law School and as the William Nelson Cromwell Visiting Professor of Law at Harvard Law School. She has also been a Distinguished Visitor at the University of Maryland School of Law.

Professor Dudziak was elected 2017 President of the Society for Historians of American Foreign Relations (SHAFR), and served as Vice President in 2016. She was named an Honorary Fellow of the American Society for Legal History (ASLH) in 2017, the highest honor conferred by the Society. In fall 2015, Dudziak was the Kluge Chair in American Law and Governance at the Library of Congress. She has been a member of the School of Social Science, Institute for Advanced Study, Princeton, and has been awarded fellowships from the John Simon Guggenheim Foundation, the Center for Advanced Study in the Behavioral Sciences at Stanford University, the American Council of Learned Societies, and other institutions. She has served on boards of SHAFR, the ASLH, the Law and Society Association, and on boards of the journals American Quarterly and Diplomatic History. She has been an elected member of the Nominating Committee of ASLH and the American Studies Association. She is a distinguished lecturer for the Organization of American Historians. She serves on the Historical Advisory Committee, US Department of State.

Education: JD, MA, MPhil and PhD, Yale University; AB, University of California, Berkeley

Books

War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012).

Cold War Civil Rights: Race and the Image of American Democracy2nd edition (Princeton University Press, 2011).

Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press, 2008) (rev. paperback ed., Princeton University Press, 2011).

Legal Borderlands: Law and the Construction of American Borders, American Quarterly, co-editor with Leti Volpp (Special Issue, Sept. 2005) (reissued by Johns Hopkins University Press, March  2006).

September 11 in History: A Watershed Moment? (Duke University Press, 2003) (editor and contributor).

Journal Articles

"The Outcome of Influence: Hitler’s American Model and Transnational Legal History", 117 Michigan Law Review 1179 (2019).

Death and the War Power, 30 Yale Journal of Law and the Humanities 25 (2018). 

Presidential Lecture: “You didn’t see him lying … beside the gravel road in France”: Death, Distance, and American War Politics, 42 Diplomatic History 1 (2018). 

On the Civil-Ness of Civil War: A Comment on David Armitage's Civil War Time,” 33 American University International Law Review 335 (2017) (comment on American Society for International Law Grotius Lecture).

The Future as a Concept in National Security Law42 Pepperdine Law Review 591 (2015).

"War and Peace in Time and Space," 13 Seattle Journal for Social Justice 381 (2014).

“Law, Power, and ‘Rumors of War’: Robert Jackson Confronts Law and Security After Nuremberg,” 60 Buffalo Law Review 367 (2012) (special issue on Robert Jackson).

“Toward a Geopolitics of the History of International Law in the Supreme Court,” Proceedings of the American Society for International Law (2011).   

"Law, War, and the History of Time," 98 California Law Review 1669 (2010).

"Thurgood Marshall’s Bill of Rights for Kenya," 11 Green Bag 2d 307 (Spring 2008). 

"The 1963 March on Washington, At Home and Abroad,” 107 Revue Française d'Études Américaines 61 (special issue on Foreign Policy and Civil Society) (March 2006). 

"Working Toward Democracy: Thurgood Marshall and the Constitution of Kenya," 56 Duke Law Journal 721 (December, 2006).

"Law and Social Context in Civil Rights History," Review essay, Michael J. Klarman, From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (Oxford University Press, 2004), 72 Chicago Law Review 429 (Winter 2005).  

Book Chapters

“How the Pacific World Became West,” in World War II and the West it Wrought, David Kennedy and Mark Brilliant, eds., (Stanford University Press, forthcoming)

“Legal History as Foreign Relations History,” in Michael J. Hogan, Thomas G. Patterson, and Frank Costigliola, eds., Explaining the History of American Foreign Relations, 3rd ed. (Cambridge University Press, 2016).

“Targeted Killings and Secret Law: Drones and the Atrophy of Political Restraints on the War Power,” in Drone Warfare: Ethical, Legal, Strategic and Human Rights Implications, David Cortright, Kristen Wall and Rachel Fairhurst, eds. (University of Chicago Press, in press).

“A Sword and a Shield: The Uses of Law in the Bush Administration,” in The Presidency of George W. Bush: A First Historical Assessment, Julian Zelizer, ed. (Princeton University Press, 2010).

"The Case of 'Death for a Dollar-Ninety-Five': Miscarriages of Justice and Constructions of American Identity," in Making Sense of Miscarriages of Justice, Charles Ogletree and Austin Sarat, eds. (New York University Press, 2009).

"Making Law, Making War, Making America," in The Cambridge History of Law in America (Christopher Tomlins and Michael Grossberg, eds.) (Cambridge University Press, 2008).

Presentations, Interviews, and Appearances

  • Philip Pro Lecture in Legal History, William S. Boyd School of Law, University of Nevada, Las Vegas (2019)
  • Gary R. Hess Lecture in Policy History, Bowling Green State University (2018)
  • Plenary Panelist, Symposium “Pursuing the Rooseveltian Century,” Roosevelt Institute for American Studies, Middelburg, The Netherlands (2017)
  • “Declaring World War I,” Symposium, “The United States and World War I at 100,” Warren Center, Harvard University, November 3, (2017)
  • “Death and the War Power,” Harvard International History Seminar; International History Group (2017); Dartmouth College; Faculty Workshop, New York Law School; Law and Society, Workshop, University of Wisconsin School of Law; Faculty Workshop, Fordham Law School (2016); Center for Advanced Study in the Behavioral Sciences, Stanford University; Center for the Study of Law and Society, University of California, Berkeley (2015)
  • Presidential Lecture, Society of Historians of American Foreign Relations (2017)
  • Distinguished Commentator, Grotius Lecture, American Society for International Law (2017)
  • Closing Plenary Lecture, Conference of U.S. District Court Judges (2016)
  • Kluge Chair in American Law and Governance Lecture, Library of Congress (2015)
  • Keynote Address, Symposium on Culture and Conflict, Library of Congress and U.K. Arts and Humanities Research Council (2015)
  • "The Politics of Distant War: 1917, 1941, 1964” (US and the World Speaker Series) University of Washington, Seattle, May 21, 2015 (Additional presentation at The David M. Kennedy Lecture on the United States in the World in 2015, at Stanford University, May 12, 2015).
  • “War Without Violence” (Symposium on Framing Violence, plenary address) Duke University, April 17, 2015.
  • “War Without Violence: Rethinking the Totality of America’s World War II” (Symposium on Totality and War) The Center for Cultural Analysis, Rutgers University, April 7, 2015 (with an additional workshop “Totality and War,” April 8, 2015).
  • "The Civil Rights Movement and Its International Implications," at the Council on Foreign Relations in Washington, DC (February 27, 2015).
  • “Death and the War Power,” at the Center for the Study of Law and Society, University of California, Berkeley School of Law (September 29, 2014).
  • “War and Peace in Time and Space,” Lecture at the Robert S. Strauss Center for International Security and Law, University of Texas, Austin.
  • "A Conversation with Dr. Mary Dudziak," Interview, Robert S. Strauss Center for International Security and Law, University of Texas, Austin.
  • “The Martial Spirit in American History: John Hope Franklin on Militarization and War,” Robert R. Wilson Lecture, Duke University School of Law.

Opinions and Essays

Blogs