The Authors Guild, Inc. et al v. Hathitrust et al

Filing 102

DECLARATION of Stanley Katz in Support re: 100 MOTION for Summary Judgment.. Document filed by Hathitrust. (Petersen, Joseph)

KILPATRICK TOWNSEND & STOCKTON LLP
Joseph Petersen (JP 9071)
Robert Potter (RP 5757)
1114 Avenue of the Americas
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Joseph M. Beck (admitted pro hac vice)
W. Andrew Pequignot (admitted pro hac vice)
Allison Scott Roach (admitted pro hac vice)
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE AUTHORS GUILD, INC., ET AL.,
Case No. 11 Civ. 6351 (HB)

Plaintiffs,
v.
HATHITRUST, ET AL.,
Defendants.

DECLARATION OF STANLEY KATZ IN SUPPORT OF
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
I, Stanley N. Katz, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
1.

I am President Emeritus of the American Council of Learned Societies, the

national humanities organization in the United States, and director of the Princeton University
Center for Arts and Cultural Policy Studies. I graduated magna cum laude from Harvard
University in 1955 with a major in English History and Literature. I was trained in British and

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American history at Harvard (M.A 1959; Ph.D. 1961) and also attended Harvard Law School
(1969-70) (although I am not a member of the bar).
2.

I am the Editor in Chief of the Oxford International Encyclopedia of Legal

History, and the Editor of the Oliver Wendell Holmes Devise History of the United States
Supreme Court. I have served as President of the Organization of American Historians and the
American Society for Legal History and as Vice President of the Research Division of the
American Historical Association. I am a member of the Board of Trustees of the Newberry
Library. I serve as Chair of the American Council of Learned Societies/Social Science Research
Council Working Group on Cuba.

I am a member of the New Jersey Council for the

Humanities, the American Antiquarian Society, the American Philosophical Society; a Fellow of
the American Society for Legal History, the American Academy of Arts and Sciences, and the
Society of American Historians; and a Corresponding Member of the Massachusetts Historical
Society. I received the annual Fellows Award from Phi Beta Kappa in 2010 and the National
Humanities Medal (awarded by President Obama) in 2011. My full curriculum vitae is attached
to this declaration as Exhibit A.
3.

I am an American historian and scholar specializing in legal and constitutional

history and the history of philanthropy.

Most recently, my research has focused on the

relationship of civil society and constitutionalism to democracy and specifically on the
relationship of the United States to the international human rights regime.
4.

I submit this declaration in support of the defendants’ motion for summary

judgment. I make this declaration based upon my own personal knowledge.
5.

As a scholar trained to use research materials in the mid-1900s, I learned how to

use library card catalogs to extract the basic information (e.g., author, title, publication date)

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about the books that may be relevant to my research. These card catalogs actually consisted of
cards stored in drawers in the library, and I would physically go to various libraries to search the
card catalogs of the books in the holdings of those libraries. Those card catalogs were of very
little use as guides to subject matter topics, for which I usually turned to subject matter
bibliographies. Unfortunately, subject matter bibliographies inevitably became quickly outdated. And for most topics, there were few or no subject matter bibliographic resources.
6.

While many books were available in the libraries to read and study, the only

reliable source of information about what was in the text of those books was an index to the book
itself (if the book had an index). Bibliographic research – research to identify potential relevant
sources for further review – was simply a rough first cut at identifying relevant sources. The
next step was to retrieve the books (or journals), read the apparently relevant chapters (or
articles), and hope that the footnotes would guide me to additional relevant sources.
7.

For decades as a researcher, I always feared that I was neglecting significant

bodies of material simply because I did not know certain sources might contain information
relevant to my research. Although I feared that I was missing sources, there was no way to
confirm or alleviate those fears.
8.

The digital era changed the nature of scholarly research. A resource that became

available (and still is available) was the Online Public Access Catalogs (OPAC), which
contained electronic records of the card catalog information for library material on a global basis.
No longer did I have to go to several libraries to search the card catalogs at each of those
libraries; now I could search the OPAC and retrieve bibliographic information from the holdings
of books in virtually all the libraries of the world while sitting in front of one computer.
Another benefit of the OPAC was that I could conduct many searches, electronically, and

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retrieve the results virtually instantaneously. This is in comparison to using physical card
catalogs for which searches were arduous and time consuming.
9.

Full-text digital searching over vast quantities of text revolutionized humanities

scholarship profoundly – even more profoundly than the OPAC. Sophisticated digital searching
over the text of large numbers of books has permitted me to search for specific words or names
(or words or names in relation to each other) that simply was not possible using a library card
catalog, the electronic OPAC, or other bibliographic resources.
10.

I have come to rely on the full-text searching of millions of books offered by the

HathiTrust, and it is now one of the most important sources for my historical scholarship. The
HatiTrust Digital Library is primarily useful to me as a bibliographical resource, since I can
tailor my searches of the items indexed by the HathiTrust quite precisely, and generate lists of
search results, or “hits,” to determine which might be worth closer examination. While some of
the hits that I get in my research are to items that provide a full-text view (i.e., I can read the
entire work on my computer screen), most are designated as “limited (search only),” and I am
not provided the text of the work online by the HathiTrust.
11.

The hits that do not provide a full-text view are still exceedingly helpful for my

research. Those tell me how frequently words and phrases that I search occur in the book, so that
I know how relevant the book will likely be for my research. Without having to get a copy of a
book and without having to review the book I can determine which books I need to locate in a
library or purchase myself and which are not worth further consideration. Not only that, but
many of the “hits” I receive through searches of the HathiTrust are of books that I would not
have discovered through a search of a library card catalog, the OPAC, or alternative
bibliographic resources.

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12.

Let me provide an example based on one of my current research projects. I am

researching for a book I am writing on the question of why the United States has had such a
difficult time participating in the international human rights system. This is primarily a problem,
as I conceive it, concerning the United States since the emergence of the Universal Declaration
of Human Rights in 1948. It is a genuinely international subject since it involves comparing
what the United States has (and has not) done with what other comparable nations have (or have
not) done. The question is one of politics, economics, and intellectual history.
13.

One aspect of this research question involves the role of the then newly-emergent

human rights non-governmental organizations (NGOs). Searches using the OPAC did not assist
me in fully identifying books relevant to my search; and there were few additional bibliographic
resources, and those did not provide any additional help.
14.

As I now do with most research questions, I searched in the HathiTrust, and I was

able to identify many dozens of promising-looking references to material that I was not able to
identify working with the OPAC and other bibliographic material at the Princeton research
library.
15.

One such book I located through the HathiTrust is Universal Human Rights:

Origins and Development. The book was published in 2007 and I identified the book through
the HathiTrust website even though the website did not provide the ability to view the full text of
the book online. Using the HathiTrust website, however, I was able to locate a copy of the book
at the Princeton library. The book contains many pages discussing the role of the United States
in relationship to the norms of the Universal Declaration of Human Rights (UDHR), which is
particularly relevant to my research because of the tension between the United States approval of

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EXHIBIT A

Stanley N. Katz curriculum vitae
www.princeton.edu/~snkatz
PERSONAL DATA
Born: Chicago, Illinois, April 23, 1934; Married, two children
Address: (o)428 Robertson Hall, Woodrow Wilson School, Princeton University, Princeton, NJ 085441013
(ph) 609-258-5637 (fax) 609-258-1235
(h)152 Clover Lane, Princeton, New Jersey, 08540
(ph) [phone]
E-mail: [e-mail]
Web: http://www.princeton.edu/~snkatz
Web: http://princeton.edu/~artspol/

EDUCATION
A.B. Harvard University (Magna cum laude; Phi Beta Kappa). English History and Literature, 1955.
M.A. Harvard University, American History, 1959.
Ph.D. Harvard University, American History, 1961.
Harvard Law School, 1969-70.

EMPLOYMENT
Harvard University, 1957-65
Teaching Fellow, History Department, 1957-59.
Instructor, History Department, 1961-64.
Assistant Professor, History Department, 1964-65.
(Dean: Allston Burr Senior Tutor in Leverett House, 1963-65.)
University of Wisconsin, 1965-71
Assistant Professor, History Department, 1965-68.
Associate Professor, History Department, 1968-71.
University of Chicago, 1971-78
Professor of Legal History, 1971-78.
Professor of History, 1974-78.
Associate Dean, Law School, 1974-78.
Committee on Public Policy Studies, 1975-78; Chairman, 1977-78.
University of Pennsylvania Law School, Visiting Professor of Law, 1979-86.
Adjunct Professor of Law, Fall, 2003
American Council of Learned Societies, President, 1986-97.
Board of Directors, Council for International Exchange of Scholars (CIES), 1986-96.
Conference Board of Associated Research Councils, 1986-97, (Chair, 1986-93).
Sponsors Group, Committee on Scholarly Communication with China (CSCC), 1986-97.
Board of Directors, International Research & Exchanges Board (IREX), 1986-94, (Chair, 1986-91).
Princeton University, 1978Class of 1921 Bicentennial Professor of the History of American Law and Liberty, 1978-86.
Professor of Public and International Affairs, Woodrow Wilson School, 1982-86.
Master, John D. Rockefeller 3rd College, 1982-86.
Senior Fellow, Public and International Affairs, Woodrow Wilson School, 1986-97.
Co-Director, Center for Arts and Cultural Policy Research, 1994-98; Director, 1998 –
http://www.princeton.edu/~artspol/
Lecturer with the rank of Professor, Woodrow Wilson School, 1997Faculty Chair, Undergraduate Program, Woodrow Wilson School, 1998 –
Director, Woodrow Wilson Society of Fellows, 1997 –
Vice President (1998-99), President (1999-01), Board (1998-2006)Center for Jewish Life.
Acting Director, Program Law and Public Affairs (LAPA), 2004-5.

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Cardozo Law School, Yeshiva University, Lecturer in Law, 1998-2000.

FELLOWSHIPS
Fulbright, King's College, London, U.K., 1959-60.
Harvard Graduate School of Arts and Sciences, 1960-61.
Research Fellow in Legal History, American Bar Foundation, 1966-67.
Research Fellow, Charles Warren Center for Studies in American History, Harvard University, 1966-67.
Fellow in Law and American History, Harvard Law School, 1969-70.
Study Fellowship (Law), American Council of Learned Societies, 1969-70.
National Endowment for the Humanities Fellowship for Independent Study and Research, 1981-82.
Visiting Fellow, Institute for Advanced Study, Princeton, New Jersey, 1981-82, 1/92-6/92.
Fellow, National Constitution Center, Philadelphia, Fall, 2003

MAJOR, ENDOWED LECTURES OR KEYNOTE ADDRESSES
“Property and Revolution: The Law of Inheritance,” Cooley Lecture, University of Michigan Law School,
November 1975.
“Philanthropy and Cultural Diplomacy,” Keynote Address, Fulbright Alumni Association, College Park,
Maryland, September 25, 1982.
“Constitutionalism and the American Founding,” 1st Annual Jessie Swift Lecture in American
Constitutionalism, Middlebury College, May 7, 1985.
“Constitutionalism and the Humanities,” Annual Lecture, New Jersey Committee for the Humanities,
Princeton, New Jersey, June 18, 1986.
“The Burden of Humanism: The University and Society,” Innaugural Banquet, University of North
Carolina, Chapel Hill, October 16, 1986.
“The Revolutionary Origins of American Constitutionalism,” Annual Lecture, Japanese American Studies
Association, Kyoto, March 30, 1987; German American Studies Association, Bremen, June 9,
1987; numerous other similar talks on the Constitution during 1987.
“The Institutional Mind: Independent Research Libraries, Learned Societies and the Humanities in the
United States,” 175th Anniversary of the American Antiquarian Society, Worcester, Massachusetts,
October 22, 1987.
“The Strange Birth and Unlikely History of Constitutional Equality,” Presidential Address, Organization
of American Historians, Reno, Nevada, March 25, 1988; also as “Constitutional Equality,” Harold
and Margaret Rorschach Lecture in Legal History, Rice University, Houston, Texas, April 6, 1990;
also as “Does the Constitution Guarantee Equality,” Kohlenberg-Towne Lecture Series, Northeast
Missouri State University, Kirksville, Missouri, March 19, 1991.
“Constitutional Equality in American History,” Second Annual Alfred L. Luongo Lecture, Historical
Society of the United States District Court for the Eastern District of Pennsylvania, Philadelphia,
December 8, 1988.
“Constitutionalism in East Central Europe: Some Negative Lessons from the American Experience,” 4th
Bratislava Symposium: Constitutionalism and Politics, Bratislava, Slovakia, November 11, 1993;
Seventh Annual Lecture, German Historical Institute, Washington, D.C., November 15, 1993.
“The Scholar, the Community, and the World,” Keynote Address, 20th Anniversary Festival, Virginia
Foundation for the Humanities, Richmond, Virginia, October 14, 1994.
“Do Disciplines Matter? History and the Social Sciences,” Keynote Address, 75th Annual Meeting,
Southwestern Social Science Association, Dallas, Texas, March 23, 1995.
“Depending on Strangers: At Home and Abroad,” Maurice Guerin Lecture at the International Conference
on Fund Raising, Boston, Massachusetts, March 6, 1994.
“United We Stand: Moving Carefully and Collaboratively into the Future,” Keynote Address, 7th Annual
Joint Conference, Association for Computers and the Humanities and Association for Literary and
Linguistic Computing, U. of California, Santa Barbara, Santa Barbara, California, July 12, 1995.
“Accountability in the Arts and Sciences: Images and Reality,” Annual Meeting, Council of Colleges of
Arts and Sciences, Philadelphia, Pennsylvania, November 14, 1996.

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“Can Liberal Education Cope?,” keynote address for the Annual Meeting, Association of Graduate
Programs in the Liberal Arts, Philadelphia, October 30, 1997.
“Public and Private Issues: The Role of Research,” keynote address for the inaugural conference,
Israeli Center for Third-sector Research, Ben Gurion University of the Negev, Beer Sheva,
Israel, 15 March, 1998.
“Constitutionalism and Civil Society,” the Jefferson Memorial Lecture, University of California, Berkeley,
25 April, 2000. Also delivered at: Yale Law School, Legal History Workshop, 2 October 2000;
Chicago-Kent Law School, 25 October 2000.
“What would it mean to be a ‘just’ university?” After dinner address for the conference on "Higher
Education In and For a Just Society," 125th anniversary of Texas A&M University,
College Station, Texas, 3 October 2001.
“Constitutionalism and Human Rights: The Dilemma of the United States,” Second Annual Walter F.
Murphy Lecture in American Constitutionalism, Princeton University, 28 February 2002.
“Everything that happens globally happens in some particular place,” keynote address for Festschrift
conference in honor of Lloyd and Susanne Rudolph, University of Chicago, 10 April 2003.
“Why Technology Matters: the Humanities in the 21st Century,” Wisbey Lecture, King’s College,
University of London, 15 October 2003.
“America’s Human Right Dilemma: Constitutions, Popular Sovereignty and Foreign Values,” Annual
Lecture, National Constitution Center, Philadelphia, Pennsylvania, 20 November 2003 (also
For the Chiesman Foundation, Black Hills State University, Spearfish, S.D., 4 March 2004).
“Gun Barrel Democracy? Democratic Constitutionalism Following Military Occupation: Reflections on
the US Experience in Japan, Germany, Afghanistan, and Iraq,” Bodek Lecture, University of
Pennsylvania, 14 May 2004.
“Libraries Are To Liberal Education as Lakes Are To Swimming,” Keynote Address, Dedication of
Donnelley and Lee Library, Lake Forest College, Chicago, 8 October 2004.
“Who’s Afraid of Senator Byrd? The Constitution and the Uses of American History,” Princeton
University Constitution Day Lecture, 17 September 2007.

“General Education and Democracy: What Can John Dewey Tell Us?,” Alan Nevins Lecture,
Huntington Library, San Marino, California, 29 January 2009:
OTHER LECTURES AND PAPERS AT CONFERENCES
“The Making and Breaking of Colonial Governors: Newcastle's New York,” OAH, Cincinnati, April 1966.
“Between Scylla and Charybdis: Anglo-American Politics in New York, 1710-1760,” 20th Conference on
Early American History, Rutgers University, October 1966.
“Andrews Revisited: The English Colonial Bureaucracy, 1607-1776,” AHA, New York, December 1968.
“Controversies over Chancery Courts and Equity Law in the Middle Colonies,” 29th Conference on Early
American History, Newark, October 1970.
“Teaching Legal History in Law Schools,” AHA, New Orleans, 1972.
“Constitutionalism and the American Revolution,” National Archives Conference, Washington, D.C.,
November 1973.
“Thomas Jefferson and the Right to Property in Revolutionary America,” Bicentennial Lecture, University
of Chicago Law School, February 1976.
“The Legal Preconditions of the American Philanthropic Foundation,” ASLH, November 1977.
“The Future of Legal History,” Conference on American Legal History, National Archives, Washington,
D.C., September 1978.
“Law and Philanthropy,” History Department, University of Texas at El Paso, March 1979.
“The Legitimization of the Philanthropic Foundation,” Davis Center, Princeton University, January 1981.
“Problems in Private Foundation Support of Academic Research: The U.S. Experience,” University of
Chicago Law School Conference on Philanthropy, April 1981.
“Current Research in American Legal History: The Ideological Challenge,” OAH, Detroit, April 1981.
“The Nation, the State and the People; or, Lessons from the Anti-Federalists,” Commencement Address,
Stockton State College (N.J.), May 1981.

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“The Problem of a Colonial Legal History,” Conference on Anglo-American Colonial History, Oxford,
August 1981.
“History and the Future of Philanthropy,” Independent Sector, Minneapolis, October 1981.
“The Current State of American Legal History,” Inaugural Conference of Australian Law and History
Society, May 16, 1982 (included in the Lecture Tour of Australia, United States Information
Agency), April, May 1982).
“Legal Theory and Colonial Legal History,” Yale Law School Legal Theory Workshop, November 1982.
“Women and Fundraising in Historical Perspective,” Mt. Holyoke College Conference on Volunteerism,
March 19, 1983.
“George Washington: The Great White Father and His Indian Children (or, White Eyes and
Conotocarious),” Pennsylvania Historical Society, April 30, 1983.
“The American Academic Community and International Educational Exchange,” 13th Conference of
European Fulbright Executive Directors, Salzburg, Austria, May 21, 1983.
“The History of Philanthropy: Foundations,” Organization of American Historians, Los Angeles, April
1984.
“Changing Values and Modern American Philanthropy,” Independent Sector Research Forum, New York
City, April 1984.
“History, Cultural Policy and International Exchange in the Performing Arts,” Rockefeller Foundation
Conference on Support of Contemporary Performing Arts in Europe and America, Bellagio, June
10-14, 1985.
“Philanthropy and Public Policy in the United States,” Plenary Meeting XII of the President's Committee
on the Arts and the Humanities, The Henry Francis duPont Winterthur Museum, Winterthur,
Delaware, June 19, 1986.
“Foundations and the History of Philanthropy in the U.S.,” Salzburg Seminar in American Studies,
Salzburg, Austria, June 21-July 4, 1986.
“Foundations and Public Policy,” Minnesota Council on Foundations 1987 Summer Seminar,
Minneapolis, Minnesota, August 6, 1987.
“Constitutional Accountability,” National Archives Constitution Study Group Bicentennial Lecture,
Washington, D.C., August 12, 1987.
“The Constitution, Democracy and Education in the United States,” The Woodrow Wilson National
Fellowship Foundation, Princeton, New Jersey, November 10, 1987.
“Philanthropy, Politics, and Culture in American Society,” American Studies Association/Canadian
Association for American Studies International Convention, New York City, November 21, 1987.
“Cultural Relations between Europe (Italy) and the United States post-World War II,” “Nationes” Days,
University of Bologna, Bologna, Italy, November 17, 1988.
“The Uneasy Case for Constitutional Equality,” 27th Annual Callahan Lecture, West Virginia University,
Morgantown, West Virginia, April 11, 1989.
“George Washington's States,” before the legislature of the state of New Hampshire, New Hampshire
Humanities Council, Concord, New Hampshire, April 25, 1989.
“Humanists at Work,” Symposium, Humanists at Work: Disciplinary Perspectives and Personal
Reflections, University of Illinois at Chicago, April 28, 1989.
“Out of Small Beginnings,” Bicentennial Ceremony, United States District Court for the District of New
Jersey, Newark, New Jersey, December 14, 1989.
“Teaching, Learning, and the Community,” The President's Lecture Series, University of Montana,
Missoula, Montana, October 29, 1990.
“Scholars, Teachers, Pastors: The Study of Religion in the Academy,” 1990 Annual Meeting of the
American Academy of Religion and the Society of Biblical Literature, New Orleans, November 17,
1990.
“Strong Bills of Rights: The States, 1776-1840,” The Bill of Rights: Government Proscribed, 1991
Symposium of the United States Capitol Historical Society, Washington, D.C., March 13, 1991.
“The Plight of the Humanities in the Research University,” Series on: Issues in Education, Committee on
Public Lectures, Princeton University, Princeton, New Jersey, November 14, 1991.
“Challenges to Higher Education in the U.S.: The Humanities and Social Sciences,” 1992 Annual Meeting,
American Association for the Advancement of Science, Chicago, February 12, 1992.

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“Pluralism, Democracy and Higher Education in the U.S.,” A Lecture in Honor of the 50th Anniversary of
the USIS Benjamin Franklin Library, Mexico City, May 12, 1992.
“Changing Conceptions of Pluralism in American Law and Constitutionalism,” Conference, American
Pluralism: Towards a History of the Discussion, State University of New York at Stony Brook,
Stony Brook, New York, June 5, 1992
“Challenges to American Higher Education in the Twenty-first Century,” Conference on Higher Education
in Japan and the U.S., University of Tsukuba, Tsukuba, Japan, June 11, 1992. (Translated into
Japanese by Izo Shimizu, “IDE - Current Higher Education,” No. 340: American General
Education Today, November, 1992.)
“The Humanities and Public Education,” ACLS Conference on The Humanities in the Schools, The
Huntington Library, San Marino, California, August 31, 1992.
“Form and Substance in the Electronic Age,” International Symposium on Rare Book and Manuscript
Libraries in the Twenty-First Century, Houghton Library, Harvard University, Cambridge,
Massachusetts, September 11, 1992.
“The Humanities and the Future of the Research Library,” Fifth Japan-U.S. Conference on Libraries and
Information Science in Higher Education, Tokyo, Japan, October 9, 1992.
“Cultural Policy and the State: From Kennedy to Clinton,” under the auspices of the Ministry of Cultural
Affairs, Wellington, New Zealand, July 5, 1993.
“Forming Cultural Policy: Reconciling Government and Community Perspectives,” under the auspices of
the New Zealand Academy for the Humanities; Wellington, New Zealand, July 7, 1993.
“Popular Culture Hits (?) the Academy,” under the auspices of the New Zealand Academy for the
Humanities, Hamilton, New Zealand, July 8, 1993.
“Peace and Pluralism Through Knowledge,” Luncheon Address, 16th Annual Meeting of the Fulbright
Association, Washington, D.C., October 2, 1993.
“Research on Philanthropy in the United States: Lessons for International and Comparative Research,”
Voluntas Foundation Symposium, Paris, October 21, 1993.
“Restructuring for Liberal Education in the 21st Century,” Conference on Rethinking Liberal Education,
sponsored by the American Council of Learned Societies and the Educational Leadership Program
of the Christian A. Johnson Endeavor Foundation, held at the American Academy of Arts and
Sciences, Cambridge, Massachusetts, April 15, 1994.
“Liberal Arts Education for the Coming Century,” Commencement Address, University of Puget Sound,
Tacoma, Washington, May 14, 1994.
“The Scholar-Teacher, the University and Society,” Conference on the Politics of Research, Rutgers
University, New Brunswick, New Jersey, October 21, 1994.
“Opening Address,” Bondage, Freedom & the Constitution, Cardozo Law School Conference, New York,
New York, February 19, 1995.
“The Best of Times and the Worst of Times (the state of the Humanities),” Humanities Council, University
of Florida, Gainesville, Florida, September 28, 1995.
“The Emergence of Constitutionalism after the Cold War,” The Second Annual Milton M. Klein
Endowment Lecture, University of Tennessee, Knoxville, Tennessee, October 9, 1995.
“Scholars, Institutions, Educational Policy,” Keynote Address, Association for the Study of Higher
Education, Orlando, Florida, November 2, 1995.
“The Holocaust and the Universities: Teaching and the Liberal Arts,” Conference on “America’s
Encounter with the Holocaust: Cultural Perspectives,” co-sponsored by American University, the
Scholarly Division of the United States Holocaust Memorial Museum, and the United States
Holocaust Research Institute, Washington, D.C., November 8, 1995.
“History, Law and Politics,” 10th Annual DeBartolo Conference, Tampa, Florida, February 23, 1996.
“Advocacy and History,” Keynote Address, New Jersey History Issues Convention, New Brunswick, New
Jersey, March 23, 1996.
“The Public Duties of Our Profession,” Presidential Forum, 27th Annual Meeting, American Society for
Eighteenth-Century Studies, Austin, Texas, March 30, 1996.
“History, Politics, and Law: A Personal Journey,” Society of Fellows in the Humanities, Columbia
University, New York, New York, April 11, 1996.

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“Scholarship and Public Policy: The Institutional Structure,” Public Lecture, University of Minnesota,
Minneapolis, Minnesota, May 13, 1996.
“The End of the World as We Have Known It,” Commencement Address, Graduate School, Brown
University, Providence, Rhode Island, May 27, 1996.
“What is the Content of Liberal Education?” What Does Liberal Education Offer Civil Society?,
Educational Leadership Program (of the Christian A. Johnson Endeavor Foundation) Conference,
Budapest, Hungary, October 25, 1996.
“Morality and Education,” Commencement Address, C.W. Post Campus, Long Island University,
Brookville, New York, February 2, 1997.
“Liberal Education After the Disciplines,” a paper prepared for the Rollins College Colloquy, Toward a
Pragmatic Liberal Education: The Curriculum of the 21st Century, Winter Park, Florida, February
14, 1997.
“The College as Crossroads: Liberal Education at the Century’s End,” lecture at the presidential
inauguration, Earlham College, Richmond, IN, 26 March, 1998.
“Is the United States a Role Model? Does our Constitutional History Provide an Example for Newly
Democratizing Societies?,” the Driggs Lecture, University of Minnesota at Morris, 9 April, 1998.
“Educational Crossroads: Accountability in Colleges and Universities,” University of Colorado at
Boulder, 17 April, 1998.
With Benjamin Gidron, “The International Study of Peace/Conflict Resolution Organizations: Preliminary
Findings,” International Research, Ben Gurion University of the Negev, Beer Sheva, Israel, 9 July,
1998.
“A Computer is not a Typewriter, or, Getting Right with Information Technology in the Humanities,”
Digital Directions Lecture Series, University of Virginia, Charlottesville, 5 February 1999.
“Does Constitutionalism Require Civil Society? And Vice Versa?,” Rorschach Lecture, Rice
University, 11 November 1999.
“Liberal Education, the Modern University, and the 21st Century,” Integrative Studies Institute, Michigan
University, East Lansing, MI, 1 December 1999.
“Constitutionalism, Democracy and Civil Society,” Holden Lecture, University of New Hampshire,
Durham, 5 April, 2000.
“Intellectual Needs Shaping Technical Solutions,” Building Blocks Conference of the National Initiative
for a Networked Cultural Heritage (NINCH), Washington, D.C., 23 September 2000.
“Don’t Confuse a Tool with a Goal: Making Information Technology Serve Higher Education, Rather
Than the Other Way Around,” Forum on the Future of Higher Education, Aspen Symposium,
Aspen, Colorado, 26 September 2000
Commencement address, Roosevelt University, Chicago, Illinois, 11 January 2003.
“What’s Wrong with Higher Education,” Graduate School, University of Wyoming, Laramie,
5 March 2004.
“The Just University,” University of North Florida, Gainsville, 7 October, 2004.
“Gun Barrel Democracy? Perspectives on Democratization in Afghanistan and Iraq,” Wayne State
University, Detroit, Center for the Study of Citizenship, 14 December 2004.
“Graduate Education and the Real World: Doing Good by Doing Well,” Convocation, College of
Humanities and Social Sciences, George Mason University, Fairfax, Virginia, 15 May 2004
“Why There’s No ‘Free Lunch’ on the Internet: Two stories from academe,” Specialized Information
Publishers Association (SIPA), Washington, DC, 1 June 2008.
“General Education and Democracy: What Can John Dewey Tell Us?,” Allen Nevins Lecture, Huntington
Library, San Marino, CA, 29 January 2009.
“Why There’s No Free Lunch in Cyberpublishing: Take Two,” Penn State University Libraries, State
College, PA, 19 March 2009.
“Whither Philanthropy: New Problems and New Directions,” Annual Phi Beta Kappa Fellows dinner,
New York City, 22 June 2010.
“What is the “new normal’ in higher education?,” Interdisciplinary Humanities Center, University of
California, Santa Barbara, 8 November 2010.
“Can the Liberal Arts College Help to Save Our Democracy?,” Ewing Lecture, Lycoming College,

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Williamsport, PA, 3 April 2012.

PUBLICATIONS
“Newcastle's New York Governors,” New York Historical Society, Quarterly LI (1967), pp. 7-24.
“Looking Backward: The Early History of American Law,” University of Chicago Law Review XXXIII
(1966), pp. 867-884.
“The Origins of American Constitutional Thought,” Perspectives in American History III (1969), pp. 474490.
“Between Scylla and Charybdis: James DeLancey and Anglo-American Politics in Early Eighteenth
Century New York,” in A.G. Olson and R.M. Brown (eds.), Anglo-American Political Relations,
1675-1775, Rutgers University Press, 1970, pp. 92-108.
“A New York Mission to England: The London Letters of Lewis Morris to James Alexander, 1735-1736,”
William and Mary Quarterly, 3rd ser., XXVIII, (1971), pp. 439-484.
Editor, James Alexander, A Brief Narrative of the Case and Tryal of John Peter Zenger, Harvard
University Press, 1963; 2nd ed., revised, 1972.
Newcastle's New York: Anglo-American Politics, 1732-1753, Harvard University Press, 1968.
With Stanley I. Kutler (eds.), New Perspectives On the American Past, 2 Vols., Little, Brown, 1969; 2nd
ed., 2 Vols., 1972.
Editor, Colonial America: Essays in Politics and Social Development, Little, Brown, 1971; 2nd ed.,
revised 1976; 3rd ed., with John M. Murrin, Alfred A. Knopf, 1983; 4th ed., with John M. Murrin
and Douglas Greenberg, McGraw-Hill, Inc., 1992, 5th edition, with Murrin and Greenberg,
McGraw-Hill, Inc., 2000; 6th edition, with Murrin, Greenberg, David J. Silverman and Denver
Brunsman, Routledge, 2010.
“The Politics of Law in Colonial America: Controversies over Chancery Courts and Equity Law in the
Eighteenth Century,” Perspectives in American History V, (1971), pp. 485-518.
“Republicanism and the Law of Inheritance in the American Revolutionary Era,” 76 Michigan Law Review,
(1977), pp. 1-29.
“Thomas Jefferson and the Right to Property in Revolutionary America,” 19 Journal of Law and
Economics, (1976), pp. 467-487.
“Postscript 1978: Bibliographical Note,” in Richard L. Perry (ed.), Sources of Our Liberties, American Bar
Foundation, (1978), pp. 449-456.
“Introduction,” Sir William Blackstone, Commentaries on the Law of England, Vol. I (reprinted),
University of Chicago Press, 1979.
With Barry D. Karl, “Donors, Trustees, Staffs: An Historical View, 1890-1930,” in The Art of Giving,
Rockefeller Archives Center, Pocantico Hills, New York, 1977, pp. 3-14.
“The Legal and Religious Context of Natural Rights Theory: A Comment,” in Patricia U. Bonomi (ed.),
Party and Political Opposition in Revolutionary America, The Sleepy Hollow Press, Tarrytown,
New York, 1980, pp. 35-42.
“Law and Economic Development: A Commentary,” in Glenn Porter and W.H. Mulligan, Jr. (eds.),
Working Papers, Regional Economic History Center, Wilmington, 1980, pp. 90-99.
With Stanley I. Kutler (eds.), American History: Progress and Prospects, Johns Hopkins University Press,
1983.
“The Problem of a Colonial Legal History,” in Jack P. Greene and Jack Pole, (eds.), Colonial British
America, Johns Hopkins University Press, 1984, pp. 457-489.
With Barry D. Karl, “The American Private Philanthropic Foundation and the Public Sphere, 1890-1930,”
Minerva XIX (1981), pp. 236-270, (pub. March 1983).
“An Historical Perspective on Crises in Civil Liberties,” in Norman Dorsen, (ed.), Our Endangered Rights,
Pantheon, 1984, pp. 311-323.
“Influences on Public Policies in the United States,” in W. McNeil Lowry, (ed.), The Arts and Public
Policy, Prentice-Hall, 1984, pp. 23-37.
With Barry Sullivan and C. Paul Beach, “Legal Change and Legal Autonomy: Charitable Trusts in New
York, 1777-1893,” Law and History Review (1985), pp. 51-90.
“The Scholar and the Public,” Humanities (June, 1985) 6, pp. 14-15.

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“Grantmaking and Research in the U.S., 1933-1983,” Proceedings of the American Philosophical Society,
129 (1985), pp. 1-2.
“The History of Foundations: Giving & Volunteering,” New Frontiers of Knowledge Independent
Sector/United Way Institute, (Working Papers, Spring, 1985) pp. 75-90.
“A Historical and Social Perspective on Judicial Corruption,” l6 Loyola University of Chicago Law
Journal, (1985), pp. 449-457.
“History, Cultural Policy, and International Exchange in the Performing Arts,” Performing Arts Journal IX
(1985), pp. 76-88.
“Constitutionalism as a Bicentennial Theme,” Federation Review IX (1986), pp. 42-49.
“The American Constitution: A Revolutionary Interpretation,” in Richard Beeman, Stephen Botein, and
Edward C. Carter II, (eds.), Beyond Confederation: Origins of the Constitution and American
National Identity, University of North Carolina Press for the Institute of Early American History
and Culture, 1987, pp. 23-37.
With Barry D. Karl, “Foundations and Ruling Class Elites,” Daedalus 116 (1987), pp. 1-40. Spanish
version, Las fundaciones y las elites de la clase dominante, Division Cultural, NRM Nucleo Radio
Mil, Mexico, D.F., 1992.
“The Institutional Mind: Independent Research Libraries, Learned Societies and the Humanities in the
United States,” Proceedings of the American Antiquarian Society Volume 97 Part 2 (1987), pp.
283-298, (pub. May 1988).
“Constitutional Equality,” this Constitution: A Bicentennial Chronicle published by Project ‘87 of the
American Historical Association and the American Political Science Association, No. 18
(Spring/Summer 1988), pp. 31-35.
“The ‘Public Humanities’ Depend on Vigorous, Specialized Scholarship,” Point of View, The Chronicle of
Higher Education, October 5, 1988, p. A52.
“The Strange Birth and Unlikely History of Constitutional Equality,” The Journal of American History,
Volume 75, No. 3, (Dec., 1988), pp. 747-762.
“Law,” in William Bate and Perry Frank, (eds.), Handbook for the Study of the United States, United States
Information Agency, 1989, pp. 75-78.
“I rapporti culturali fra Europa e Stati Uniti dopo la Seconda guerra mondiale,” il Mulino, anno XXXVII,
numero 324, (4/89), pp. 643-651.
“Libraries and Me,” Humanists at Work: Papers presented at a symposium held at the University of Illinois
at Chicago, University of Illinois, Chicago, 1989, pp. 115-121.
“Congress’s Reaction to 2 Controversial Photographic Exhibits May Pose an Even Greater Threat to
Scholars Than to Artists,” Opinion, The Chronicle of Higher Education, September 13, 1989, p.
B1. Reprinted as “Don’t Bite (or Lick) the Hand that Feeds You,” ACLS Newsletter, Vol. 2, No. 3,
Winter 1990, pp. 2-4.
“Disorder in the Courts,” The New Republic, (June 18, 1990), pp. 46-49.
With Michael Kammen, “Bernard Bailyn, Historian and Teacher,” in James A. Henretta, Michael Kammen,
and Stanley N. Katz (eds.), The Transformation of Early American History, Alfred A. Knopf, New
York, 1991, pp. 3-15.
“Developing Human Resources,” Challenges and Opportunities for U.S.-Japan Exchange in the New Era:
Report of the International Symposium, Center for Global Partnership, The Japan Foundation,
(August, 1991), pp. 67- 71.
Introduction, “Explaining the Law in Early American History,” The William and Mary Quarterly, 3rd
Series, Vol. L, No. 1, (January, 1993), pp. 3-6.
“Constitutionalism and Revolution,” Cardozo Law Review, Volume 14, Numbers 3-4, (January 1993), pp.
635-638.
Editor (with others), Constitutionalism and Democracy: Transitions in the Contemporary World, Oxford
University Press, New York, 1993.
Foreword, in Peter Juviler and Bertram Gross, (eds.), with Vladimir Kartashkin and Elena Lukasheva,
Human Rights for the 21st Century: Foundations for Responsible Hope, A U.S.-Post-Soviet
Dialogue, M. E. Sharpe, Armonk, New York, 1993, pp. xv-xvi.

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Comments on, James Culbertson, “Pharaoh's Dreams . . . and Ours,” in Randolph Jennings, (ed.), Fire in
the Eyes of Youth: The Humanities in American Education, Occasional Press, St. Paul, Minnesota,
1993, pp. 61-63.
Foreword, in Richard T. Arndt and David Lee Rubin, (eds.), The Fulbright Difference, 1948-1992: Studies
on Cultural Diplomacy and the Fulbright Experience, Transaction Publishers, New Brunswick,
New Jersey, 1993, pp. xv-xvii.
“The Humanities and Public Education,” The Humanities in the Schools, American Council of Learned
Societies Occasional Paper, No. 20, (1993), pp. 1- 10.
“Form and Substance in the Electronic Age,” in Richard Wendorf (ed.), Rare Book and Manuscript
Libraries in the Twenty-First Century, Harvard University Library, Cambridge, Massachusetts,
1993, pp. 17-21. Also published as New Series, Volume 4, Number 1 and 2 of the Harvard
Library Bulletin.
“The Humanities and the Future of the Research Library,” in Tadao Shimizu, Jiro Asano, Haruki Nagata,
Warren M. Tsuneishi, Theodore F. Welch, and Hideo Kaneko (eds.), Japan-U.S. Collaboration in
Enhancing International Access to Scholarly Information: Looking Toward the 21st Century,
Universal Academy Press, Inc., Tokyo, 1993, pp. 36-44.
“Constitutionalism in East Central Europe: Some Negative Lessons from the American Experience,”
German Historical Institute, Annual Lecture Series No. 7, Washington, D.C., 1994. Reprinted in
Irena Grudzinska Gross, ed., Constitutionalism and Politics, Bratislava, 1994, pp. 14-22;
“Konstytucjonalizm w Europie Srodkowo-Wschodniej: kilka negatywnych lekcji z doswiadczenia
Ameryki,” in Pawel Spiewak (ed.) Konstytucjonalizm, Demokracja, Wolnosc, Warsaw, 1996, pp.
56-64, in Vicki C. Jackson and Mark Tushnet, eds., Comparative Constitutional Law, New York,
1999, pp. 283-6.
With Douglas Greenberg (eds.), The Life of Learning, Oxford University Press, New York, 1994.
Foreword, in Irena Grudzinska-Gross, (ed.), Constitutionalism in East Central Europe: Discussions in
Warsaw, Budapest, Prague, Bratislava, Czecho-Slovak Committee of the European Cultural
Foundation, Bratislava, 1994, pp. 4-6.
“The Unfinished Project of Humanism,” Common Knowledge, Vol. 3, No. 1, 1994, pp. 13-15.
“Philanthropy and Democracy: Which Comes First?,”Advancing Philanthropy, Summer 1994, pp. 34-39.
“Defining Education Quality and Accountability,” Point of View, The Chronicle of Higher Education,
November 16, 1994, p. A56.
“The Case for Federal Funding of the Humanities and the Arts,” The Key Reporter, Phi Beta Kappa,
Volume 60, Number Two, Winter 1994-95, p. 4.
“Possibilities for Remaking Liberal Education at the Century’s End,” in Robert Orrill, (ed.), The Condition
of American Liberal Education/Pragmatism and a Changing Tradition, College Entrance
Examination Board, New York, 1995, pp. 127-133.
“Remaking Liberal Education at the Century’s End: Problems and Prospects,” The College Board Review,
No. 175, Spring 1995, pp. 22-27.
“Do Disciplines Matter? History and the Social Sciences,” Social Science Quarterly, Volume 76, Number
4, December, 1995, pp. 863-877.
“The Future of Educational Exchange in North America: A View from the United States,” in Peggy
Blumenthal, Craufurd Goodwin, Alan Smith, and Ulrich Teichler (eds.) Academic Mobility in A
Changing World, Jessica Kingsley Publishers, London and Bristol, Pennsylvania, 1996, pp. 220236.
“Restructuring for the Twenty-First Century,” in Nicholas H. Farnham and Adam Yarmolinsky, (eds.),
Rethinking Liberal Education, Oxford University Press, New York, 1996, pp. 77-90.
“Opening Address,” Cardozo Law Review, Yeshiva University, Volume 17, Number 6, May, 1996,
pp. 1689-1693.
“Vieles regelt die offene Gesellschaft selbst,” Das Parlement (Bonn) 47 Jahrgang/Nr. 17, April 18, 1997,
p. 11
“The Scholar-Teacher, the University and Society,” in E. Ann Kaplan and George Levine, (eds.), The
Politics of Research, Rutgers University Press, New Brunswick, NJ, 1997, pp. 46-58.
“Official History: the Holmes Devise History of the Supreme Court,” Proceedings of the American
Philosophical Society, Vol. 141, no. 3 (September, 1997), pp.297-304.

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“La Justice,” in Robert Darnton and Olivier Duhamel, eds., Democratie, Editions du Rocher, [Paris,] 1998,
pp. 183-189.
“The Legal Framework of American Pluralism: Liberal Constitutionalism and the Protection of Groups,”
in Wendy F. Katkin, Ned Landsman, and Andrea Tyree, eds., Beyond Pluralism: The Conception
of Groups and Group Identities in America, University of Illinois Press, 1998, pp. 1-27.
With Warren F. Ilchman and Edward L. Queen, II, eds., Philanthropy in the World’s Traditions, Indiana
University Press, 1998.
“Criticism of Foundations,” Grantmakers in the Arts vol. 9 no. 2 (fall, 1998), pp.12-16.
“Where Did the Serious Study of Philanthropy Come From, Anyway?,” Nonprofit and voluntary Sector
Quarterly, vol. 28, no. 1 March, 1999, pp. 74-82. “Reply,” p. 535 to Peter Dobkin Hall, “The
Work of Many Hands: A Response to Stanley N. Katz on the Origins of the ‘Serious Study’ of
Philanthropy,” in NSVQ, vol. 28, no. 4, December, 1999, pp. 522-534.
“Can Liberal Education Cope?,” The Journal of Graduate Liberal Studies, vol. 4 no. 1 Fall, 1998, pp. 110.; also in Marek Kwiek, ed., The University, Globalization, Central Europe, Peter Lang,
Frankfurt, Germany, 2001.
“Criticism of Foundations,” Grantmakers in the Arts, vol. 9 no 2, Fall, 1998, pp. 12-16.
“A Conversation with Stanley N. Katz,” National Arts Stabilization Journal, vol. 2 no. 3, Summer, 1999,
pp.31-34.
“The Idea of Civil Society,” Civil Society: New Agenda for U.S.-Japan Intellectual Exchange, Center for
Global Partnership Paper Series, 1999, pp.33-38.
Benjamin Gidron, Stanley Katz, Megan Meyer, Yeheskel Hasenfeld, Raviv Schwartz, and Jonathan K.
Crane, “Peace and Conflict Resolution Organizations in Three Protracted Conflicts: Structures,
Resources and Ideology,” Voluntas, December, 1999, pp. 275-298.
“Rethinking the Humanities Endowment,” The Chronicle of Higher Education, 5 January 2001, pp. B7-10.
"In Information Technology: Don't Mistake a Tool for a Goal," The Chronicle [of Higher Education]
Review, 15 June 2001, pp.B7-9; "Don't Confuse a Tool with a Goal: Making Information
Technology Serve Higher Education," Futures Forum 200, pp.47-50.
"Political Status and Democracy in Multiethnic and Multiracial States," in Norman Dorsen and Prosser
Gifford, Democracy and the Rule of Law, CQ Press, Washington, D.C., 2001, pp.162-3.
“Effective Uses of Technology Today: An Interview with Stanley N. Katz,” Michigan Community College
Journal, vol. 7, no. 2 (Fall, 2001), pp. 9-15.
“Forward,” Van Burkleo, Hall and Kaczorowski, eds., Constitutionalism and American Culture: Writing
the New Constitutional History (University Press of Kansas, 2002), vii-xi.
“Choosing Justice Over Excellence,” The Chronicle[ of Higher Education] Review, 17 May 2002, pp. B79.
“Constitutionalism, Contestation and Civil Society,” Common Knowledge, vol. 8 no.2, Spring, 2002,
pp.287-303
Benjamin Gidron, Stanley N. Katz, Yeheskel Hasenfeld, Mobilizing for Peace: Conflict Resolution in
Northern Ireland, Israel/Palestine and South Africa, Oxford University Press, New York, 2002.
Awarded the Virginia A. Hodgkinson Research Prize of Independent Sector, Nov. 2003.

“Justice after September 11th,” Academe, January-February 2002 [Reprinted in Across the
Disciplines, http://wac.colostate.edu/atd/911]
“Excellence Is by No Means Enough,” Common Knowledge, vol. 8, no. 3, Fall, 2002, pp. 427-438.
“The Pathbreaking, Fractionalized, Uncertain World of Knowledge,” The Chronicle[ of Higher
Education] Review, 20 September 2002, pp. B7-9. [Reprinted as “From Civilised to Fractionalised”
in The Australian (Sydney), 30 October 2002. Reprinted as "O Rixikeleuthos, Katakermatismenos,
Avevaios Kosmos tis Gnosis"] translation and notes Pantelis Kyprianos, Sygchroni Ekpaidevsi
[Contemporary Education] Trimestrial Review of Educational Issues, no. 142, July-September
2005, Athens, pp. 27-35.]
“Our Collegiate University: In its Expansion, is Princeton Losing its Way,” Princeton Alumni Weekly, 12
February 2003, pp.17,43
“The Cheated Undergraduate,” Newsday newspaper, Opinion section, 4 May 2003
“Can Liberal Education Cope?” in Marek Kwiek, ed., The University, Globalization Central Europe (Peter
Lang, Frankfurt, 2003), pp.57-70.

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“Carnegie and Rockefeller: Their Most Lasting Contribution,” in David L. Halberstam, ed., Defining a
Nation: Our America and the Sources of its Strength (National Geographic, Washington, DC,
2003), pp. 212-217.
“A New American Dilemma?: U.S. Constitutionalism vs. International Human Rights,”
58 University of Miami Law Review, no.1, Oct. 2003, pp. 323-345
“Scholars and Teachers: Hidden Partners for Hidden Collections,” RBM: A Journalof Rare Books,
Manuscripts, and Cultural Heritage, vol. 5, no. 2, Fall, 2004, pp. 115-122.
“What Does It Mean to Say that Philanthropy is ‘Effective’? The Philanthropists’ New Clothes,”
Proceedings of the American Philosophical Society, vol. 149, no. 2, June 2005, pp.123-131.
"Why Technology Matters: The Humanities in the Twenty-First Century," Interdisciplinary Science
Reviews, 2005, vol. 30, no. 2, pp. 105-118.
“The Liberal Arts in School and College,” The Chronicle[ of Higher Education] Review, 10 March
2006, pp. B46-47.
“Democratic Constitutionalism After Military Occupation: Reflections on the United States’
Experience in Japan, Germany, Afghanistan and Iraq,” Common Knowledge, vol.12, no.2, 2006,
pp. 181-196.
“Philanthropy,” in Ginsburgh, Victor A. and David Throsby, eds., Handbook of the Economics and Art and
Culture (North Holland-Elsevier, Amsterdam, 2006), pp. 1299-1321.
“Philanthropy’s New Math,” The Chronicle[ of Higher Education] Review, 2 February 2007
“Disciplinary Societies and Evaluating Scholarship: A View From History,” Profession 2007 (Modern
Language Association of America, 2007), pp.89-92.
“Taking the True Measure of a Liberal Education,” The Chronicle of Higher Education, 23 May 2008,
A32.
“Assessment and General Education: Resisting Reductionism without Resisting Responsibility,” Liberal
Education, vol.94, no.3, 2008, pp.30-37.
Editor in Chief, Oxford International Encyclopedia of Legal History, Oxford University Press, New York,
6 vols., 2009.
[National History Center: SNK and James Grossman] “The History Major and Liberal Education,” Liberal
Education, vol. 95, no.2 (Spring, 2009), pp. 40-47.
“Eastern Europe since 1989,” East European Politics and Societies OnlineFirst, published on August 3,
2009 as doi:10.1177/0888325409342111
“Review Essay: W. McNeil Lowry, The performing arts and American society,” The International
Journal Cultural Policy, vol. 16, no.1 (February, 2010), pp. 39-40.
“The Law Librarian’s Role in the Scholarly Enterprise,” Journal of Law & Education, vol. 39, no.3, July,
2010, pp.355-364.
“The Rise of a Modern and Democratic Learned Society,” in Richard S. Kirkendall, ed., The Organization
of American Historians and the Writing and Teaching of American History, Oxford University
Press, New York, 2011, pp. 13-16.
“Prospects for a Global Networked Cultural Heritage: Law Versus Technology?” Ramesh Subramanian
and Eddan Katz, eds., The Global Flow of Information: Legal, Social and Cultural Perspectives,
New York University Press, NY, 2011, pp.90-102.

EDITORIAL
Editor, Oliver Wendell Holmes Devise, History of the United States Supreme Court (co-editor with Paul
Freund, 1978-89), (1990- ).
Editorial Board, Common Knowledge (1991- )(Chair, Editorial Board, 2007- ).
Editorial Board, Journal on Computing and Cultural Heritage (2008- )
Editorial Board, The Journal of Arts Management, Law and Society (2006- )
Associate Editor, The Journal of Interdisciplinary History (1970- ).
Editorial Board, Nonprofit and Voluntary Sector Quarterly (NVSQ)(1998- )
Associate Editor, Reviews in American History (1973-97).
Editorial Board, American Journal of Legal History (1980- ).
Editorial Board, Pennsylvania Magazine of History and Biography (1981-86).

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Editorial Board, Journal of the History of Ideas (1986-97).
Editorial Board, Voluntas (International Journal of Voluntary and Non Profit Organizations) (1990-96).
Editorial Board, William and Mary Quarterly (1997- ), Chair (1998-99)
Editor, Studies in Legal History (1971-75), monographic series published by Harvard University Press in
association with the American Society for Legal History. Nine volumes edited.
Advisory Committee, Journal of Legal Studies (1971-78).
Co-editor (with Morton J. Horwitz, American Law: The Formative Years (Arno Press, 1972), 28 vols.,
reprints of nineteenth century legal treatises.
Editorial Board, Continuity and Change (1985-90).
Editorial Advisory Board, Teachers College Record (1990-95).
Editorial Board, Rice University Press (2007-10)

CURRENT OFFICES & ACTIVITIES:
Joint Advisory Board, Georgetown University School of Foreign Service-Qatar (2005- )
Board of Trustees, United Nations Ass. Princeton-Mercer Chapter (2010- )
Board of Trustees, Philani Fund USA (2008- )
Princeton AlumniCorps (formerly Princeton Project 55) (2008- )
Board of Trustees, Jill Sigman Thinkdance (2007- )
Commissioner, National Historic Publications and Records Commission, National Archives and Records
Administration (2005- ), Executive Committee (2008- )
Board of Trustees, International Cultural Property Society (2004- ) (Treas., 2005-07) (Pres., 2007-08),
(Vice Pres., 2008- ).
Board of Trustees, Policy Development (2002- )
American Philosophical Society, Library and Research Committees (2002 ).
Board of Directors, Copyright Clearance Center, (1997-2010), Director Emeritus (2010- )
Chair, American Council of Learned Societies/Social Science Research Council Working Group on Cuba,
(1996- )
Member, New Jersey Council for the Humanities, (1996- ) (Gubernatorial appointee)
Member, Council on Foreign Relations, (1994- ).
Board of Directors, Eighteenth Century Short Title Catalogue for North America, Inc., (1992- ).
Life Trustee, The Newberry Library, (1990- ).
Advisory Committee, The Papers of Thomas Jefferson, Princeton University, (1988- ).
Chairman, Board of Trustees, Papers of the Founding Fathers, Inc., (1984- ).
American Historical Association: Vice President, Research Division, (1997-2000); Chairman, LittletonGriswold Committee (with the American Society for Legal History), (1973-78); Member Research
Division, (1976-79), (elected); Member Beveridge Prize Committee, (1981), Committee on
Graduate Education in History (2001 - ), Chair, Task Force on Intellectual Property (2001- ).

OTHER OFFICES & ACTIVITIES
Executive Committee, Society of American Historians (2006- ); Chair, Francis Parkman Prize Committee,
2009.
Advisory Council, Center on Nonprofits and Philanthropy, Urban Institute (1997- ).
Academic Freedom Committee, Human Rights Watch (1994- )
Board of Overseers, University of Pennsylvania Library (1998-2010)
Board of Trustees, National History Center (2002-9)
International Advisory Council, Consortium of Humanities Centers and Institutes (2001-06))
Research Task Force, Center for Arts and Culture, Washington, D.C. (1998-05)
Board of Directors, Social Science Research Council, Executive Committee (2001-06)
Board of Governors, Institute for the International Education of Students (l976-2002).
Board of Governors, Humanities Research Institute, University of California (1998-2004)
Board of Directors, National Initiative for a Networked Cultural Heritage (NINCH), (1999-2003),
President (1999-2001).

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13

Board of Trustees, Institute for Caribbean and International Studies, St. George’s University,
Grenada, W.I.
Vice-President, Board of Directors, Friends of the Law Library of Congress, (1992-2003 ).
Board of Trustees, The National Faculty, (1995-2001).
Supreme Court of New Jersey, Disciplinary Oversight Committee, (1994-01); New Jersey Ethics
Commission, (1991-94); Committee on Model Rules of Professional Conduct, (1982-83);
Committee on the Sale of Law Practices, (1983-84, 1989).
Southern Methodist University: Board of Trustees, (1988-2000); Executive Board, Dedman College,
(1988-94); Executive Board, Law School, (1994- ), Executive Board, Library, (1999- ..).
Organization of American Historians: International Committee, (1994-99); Ad Hoc Committee on Access
to Lawyers’ Files, (1993- ); Executive Committee, (1976-79), (elected); Chairman, Executive
Secretary Search Committee, (1981); President-elect (1986-87); President (1987-88).
Board of Directors, National Cultural Alliance, (1990-99, Chair, 1997-99).
Council, Institute of Early American History and Culture, Williamsburg, Virginia (1997- 99 , 1990-93,
1974-76).
Board of Directors, Research Libraries Group, (1996-98, 1991-93).
Board of Trustees, Toynbee Prize Foundation, (1994-97), President (1994-97).
Advisory Committee, College of the Humanities, Ohio State University (1996- 98)
Chair, Governing Board, Thesaurus Linguae Graecae, (1991-96).
Independent Sector: Board of Directors, (1989-95); Research Committee, (1983-96, Chair, 1989-93).
Trustee, Supreme Court of the United States Historical Society, (1982-96).
Board of Overseers for the Humanities, Tufts University, (1989-94).
Board of Advisors, Program on Philanthropy and the Law, New York University Law School, (1988-94).
Research Committee, Council on Foundations, (1989-93).
Council on Academic Affairs, The College Board, (1987-96).
Advisory Committee on Special Projects, Center for Advanced Study in the Behavioral Sciences, (198798).
Board of Trustees, Historical Society of Pennsylvania, (1987-91).
Board of Trustees, National Constitution Center, (1987-90).
Executive Committee, National Commission on Social Studies, (1987-89).
Advisory Council, The American Trust for the British Library, (1986-96).
Board of Trustees, The Historical Society of the United States District Court for the District of New Jersey,
(1986-89).
Advisory Council, Rockefeller Archives, Pocantico Hills, New York, (1983-89).
Program Director, American Bar Foundation, Project in Legal History (Fellowship Competition), (19761987).
Council for International Exchange of Scholars (Senior Fulbright Program): American History selection
panel, (1975-78); Chairman, (1981-85).
Committee on Philanthropic Organizations, Association of the Bar of the City of New York, (1982-1985).
American Council of Learned Societies: Delegate, American Society for Legal History (1980-84);
American Studies Advisory Committee, (1980-83), President (1986-97).
National Endowment for the Humanities State Program: Chairman, Chicago American Issues Forum
Committee, (1975-76), Member, New Jersey Committee for the Humanities (1978-84); Vice
Chairman (1981-2)
Vice-chairman, American Bar Association Commission on Undergraduate Education in Law and the
Humanities (1977-81).
Chairman, Law Center Consultative Committee, University of Massachusetts, (1974-75).
Vice Chair, Board of Directors, Council of American Overseas Research Centers (CAORC), (1991-97);
Advisory Board (1988-90).
American Society for Legal History: Chairman, Publications Committee (1985-?); Board of Directors,
(1975-80), (elected); Vice-President, (1975-78), (elected); President, (1978-80), (elected).
Board of Directors, The Hong Kong-America Center, (1993-98).
Advisory Board, Center for Electronic Texts in the Humanities (CETH), (1991-97).
Council, American Philosophical Society (2002-8)

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Board of Directors, Civic Education Project, (1997- 2007)
Board of Directors, Center for Creative Communities (formerly
British American Arts Association), (1991-2007).
Steering Committee, Lilly Endowment-Princeton University Project on Church and State in the United
States, (1983- ).
Advisor, Scientific Committee, Fondacion H. Dudley Wright, Geneva, Switzerland (2000-6)
Board of Directors, Rice University Press (2007-9)

HONORS
LL.D. (Hon.) Stockton (N.J.) State College, 1981.
D.H.L. (Hon.) University of Puget Sound, 1994.
D.H.L. (Hon.) C.W. Post Campus, Long Island University, 1997.
D.H.L. (Hon.) Sacred Heart University (Fairfield, CT), 1997.
D.H.L. (Hon.) The Ohio State University, 1998
LL.D (Hon.) University of Hartford, 1998
D.H.L. (Hon.) Roosevelt University (Chicago, IL), 2003
D.L.A. (Hon.) Ursinus College (Collegeville, PA), 2003
D.H.L. (Hon.) Dickinson College (Carlisle, PA), 2003
Association of the Comparative History of Institutions and Law of the Socialist Republic of Romania
(1978).
Permanent Committee on the Oliver Wendell Holmes Devise (appointed by President Gerald Ford, 197684).
American Antiquarian Society (1981), (elected).
Honorary Fellow, American Society for Legal History (1990).
Fellow, American Academy of Arts and Sciences (1991), (elected).
Fellow, Society of American Historians (1991), (elected).
Corresponding Member, Massachusetts Historical Society (1992) (elected).
Member, American Philosophical Society (1996) (elected).
The McCreight Award for Distinguished Service to the Humanities, by the Federation of State Humanities
Councils (1988).
Award for Contributions to Research Libraries, Association of Research Libraries (1997)
Academico Correspondiente, Cuban Academy of Sciences (2005) (elected)
Troyer-Steele Anderson Award, American Historical Association (for exemplary contribution to the
advancement of the Association's mission) (2006)
Roy Rosenzweig Distinguished Service Award, Organization of American Historians (for enriching our
understanding and appreciation of American history) (2009)
Annual Fellows Award, Phi Beta Kappa (2010)
National Humanities Medal (awarded by Pres. Obama, 3/2/11)