Georgetown University Law Center
600 New Jersey Avenue, N.W
Washington, D.C. 20001
(202) 662-9475
Georgetown University Law Center Washington, DC
1994- Professor of Law. Courses: American Legal
History, History of American Labor Law,
Property, Property in Time
1988-94 Associate Professor of Law.
University of Wisconsin Law School Madison, WI
Lecturer. Course: History of American Labor Law.
Princeton University Princeton, NJ
Ph.D. in History. Advisor: Stanley N. Katz. Recipient,
Association of Princeton Graduate Alumni Teaching
Award. Dissertation: “The Lawyers and the Labor Trust:
A History of the American Anti-Boycott Association,
University of Wisconsin Law School Madison, WI
LL.M. in Legal History. Advisor: Hendrik Hartog.
University of Chicago Law School Chicago, IL
J.D. Recipient, Casper Platt prize for paper on the
appeal of death in early modern England.
Dartmouth College Hanover, NH
A.B. magna cum laude in History. Phi Beta Kappa.
Recipient, Class of 1859 Prize for senior thesis.
“Common Laborers? Industrial Pluralists, Legal Realists,
and the Law of Industrial Disputes, 1915-1943: 11 Law and
History Review 11 (Spring 1993): 59-100.
– ix –
“The Critical Tradition in the Writing of American Legal
History.” Yale Law Journal 102 (January 1993): 1019-76.
“The Danbury Hatters’ Case.” In Christopher L. Tomlins and
Andrew J. King, eds., Labor Law in America: Historical and
Critical Essays, pp. 180-200. Baltimore: Johns Hopkins
University Press, 1992.
“Free Labor, the Consumer Interest, and the Law of Industrial
Disputes, 1885-1900.” American Journal of Legal History
36 (January 1992): 19-37.
“The Closed Shop, ·the Proprietary Capitalist and the Law,
1897-1915.” In Sanford M. Jacoby, ed., Masters to Managers,
132-48. New York: Columbia University Press, 1991.
“The Labor Exemption, 1908-1914.” Iowa Law Review 74 (July
1989): 1151-73. Symposium: The Sherman Act’s First Century:
A Historical Perspective.
“The Yellow-Dog Contract and Liberal Reform.” Labor History
30 ( Spring 1989): 251-74. ·
“Legal Positivism, Abolitionist Litigation, and the New Jersey
Slave Case of 1845.” Law and History Review 4 (Fall
1986): 335-63.
0 The Moribund Appeal of Death: Compensating Survivors and
Controlling Jurors in Early Modern England.” American
Journal of Legal History 28 (April 1984): 164-88.
Lawyers against Labor: The American Anti-Boycott Association
and the New Industrial Order, 1886-1920 (University of
Illinois Press, 1995)
“Half Life.” Review of G. Edward White, Justice Oliver
Wendell Holmes, Virginia ·ouarterly Review (Autumn 1994)
(forthcoming) .
“Dixon, Luther swift.” American National Biography.(New
York: Oxford University Press) (forthcoming).
“The New Antitrust History.” New York Law School Law Review
35 (1990): 1-13. Symposium: Observing the Sherman Act
Centennial: The Past and Future of Antitrust as Public
Interest Law.
“Working-Class Heras and Others,” Reviews in American
– x.
History 17 (December 1989): 586-92.
Review of Dickman, Industrial Democracy in America, Journal
of American History 75 (June 1988): 287-88.
“The Woodtrim War: A Case Study in the History of Labor
Activism, Antitrust Litigation, and Legal Culture, 1910-
1917.” Institute for Legal studies. University of
Wisconsin-Madison. Working Papers. LH 2-7 (March 1988).
“Church-State Issues and the Law: 1607-1870.” In John F.
Wilson, ed., Church and State in America: A Bibliographical
Guide (Volume 1: “The Colonial and Early National Periods”).
Westport, Conn.: Greenwood Press, 1986.
“Beyond Police History: A Systemic Perspective.” Maryland
Historian 16 (Fall/Winter 1985): 27-42.
“Planned Litigation and Interest-Group Formation in the
Progressive Era: The case of the American Anti-Boycott
Association.” Legal History Forum, Yale Law School, New
Haven, February 1994.
“The Buck’s Stove and Range Company Case.” Fifteenth Annual
North American Labor History Conference, Wayne State University,
Detroit, October 1993.
“Labor Law and Labor History: The Social Context of Ideology
in the Twentieth Century,” Law and Society Association,
Philadelphia, May 1992. Comment.
“The American Anti-Boycott Association.” Committee on Lawyer
Training, Crowell & Moring, Washington, D.C., June 1991.
“Labor and the State: The Exigency of Power.” Annual Meeting,
Organization of American Historians, Louisville, April
1991. Comment.
“The New Antitrust History,” New York Law School, “Observing
the Sherman Act Centennial: The Past and Future of Antitrust
as Public Interest Law,” New York City, November 1990.
“Common Laborers? Industrial Pluralists, Legal Realists,
and the Law of Industrial Disputes, 1915-1943,” Annual
Meeting, American Society for Legal History, Chicago,
October 1990.
“The Danbury Hatters’ Case,” University of Maryland Law
School/Johns Hopkins University, “Labor Law in America:
Historical and critical Perspectives,” Baltimore, March
– xi –
“The Antitrust Challenge to Industrial Democracy,” State
Historical Society of Wisconsin, “Perspectives on Labor
History: The Wisconsin School and Beyond,” Madison, March
“The Danbury Hatters’ Case,” AALS Section on Anti-Trust and
Economic Regulation, AALS Annual Meeting, San Francisco,
January, 1990.
“The Woodtrim War,” New York Historical Society, “Labor in
New York,” New York City, May 1988.
“His Master’s Voice: The AABA and the Yellow Dog Contract,”
Law and Society Association, Washington, D.C., Ju?e 1987.
“The Yellow Dog Contract,” Legal History Workshop, University
of Chicago Law School, Chicago, April 1987.
Organization of American Historians. American Historical
Association. American Studies Association. American
Society for Legal History. Illinois State Bar Association.
Born: July 16, 1958
Married: August 1983, North Caldwell, New Jersey, to Joy
Marie Swanson
Children: Anna Rebecca Ernst, born January 2, 1988
Daniel Gordon Ernst, born December 11, 1990