» Lawrence E. Rosenthal
Professor

Dale E. Fowler School of Law
Lawrence E. Rosenthal
Phone:
(714) 628-2650
Email:
Education
University of Illinois - Urbana-Champaign, Bachelor of Arts
Harvard University, Juris Doctor in Law
Biography

After graduating from Harvard Law School, where he won the Fay Diploma and was an editor of the Harvard Law Review, Professor Rosenthal clerked for Judge Prentice Marshall of the United States District Court for the Northern District of Illinois and Justice John Paul Stevens of the United States Supreme Court. Professor Rosenthal entered the practice of law as an Assistant United States Attorney for the Northern District of Illinois, specializing in organized crime and public corruption prosecutions. Among other things, he brought the first racketeering case involving insider trading, and secured the longest sentence in the history of the district in an organized crime case (200 years). He subsequently joined the City of Chicago's Department of Law, where he was Deputy Corporation Counsel for Counseling, Appeals, and Legal Policy. In that capacity, he argued three cases in the United States Supreme Court, and supervised a large volume of complex litigation as well as legislative as policy matters. To his great embarrassment, Professor Rosenthal was named by Chicago Magazine as one of "Chicago's 25 Toughest Lawyers". Since then, he tries to be nicer. Professor Rosenthal joined the Chapman faculty in the fall of 2005. He also continues to engage in litigation in the United States Supreme Court and other appellate courts, usually on a pro bono basis.

Courses Taught: Civil Rights, First Amendment Law, Constitutional Argument, Criminal Law, Criminal Procedure and Local Government Law.

List of Scholarly Publications

Recent Creative, Scholarly Work and Publications
The Scope of Regulatory Authority under the Second Amendment, in iReducing Gun Violence in America: Informing Policy with Evidence and Analysis (Daniel W. Webster & Jon S. Vernick eds., 2013) (with Adam Winkler)
Seven Theses In Grudging Support of the Exclusionary Rule, 10 Ohio St. J. Crim. L. 525 (commissioned article for symposium on the exclusionary rule)
Saving Disparate Impact, 34 Cardozo L. Rev. 2157
Originalism in Practice, 87 Ind. L.J. 1183 (2012)
McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun-Control Laws?, 105 NW. U.L. REV. 437(2011) (debate with Professor Joyce Lee Malcolm of George Mason University School of Law)
Those Who Can’t, Teach: What the Legal Career of John Yoo Tells Us About Who Should Be Teaching Law, 80 MISS. L.J. 1563 (2011)
First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech, 86 IND. L.J. 1 (2011)
Second Thoughts on Damages for Wrongful Convictions, 85 CHI.-KENT L. REV. 127 (2010) (contribution to symposium on criminal procedure)
Second Amendment Plumbing after McDonald, MUNICIPAL LAWYER, Nov./Dec. 2010, at 6
The Law Professor as Counterterrorist Tactician, 89 TEX. L. REV. See Also 113 (2010) (responding to Aziz Z. Huq, The Signaling Function of Religious Speech in Domestic Counterterrorism, 89 TEX. L. REV. 833 (2011))
Confusing Cause and Effect, in CRIMINAL LAW CONVERSATIONS (Paul H. Robinson, Kimberly Ferzan & Stephen Garvey eds. (Oxford Univ. Press 2009)
Second Amendment Plumbing after Heller: Of Standards of Scrutiny, Incorporation, Well-Regulated Militias and Criminal Street Gangs, 41 URB. LAW. 1 (2009)
Probability, Probable Cause, and the Law of Unintended Consequences, 87 TEX. L. REV. See Also 63 (2009) (responding to Max Minzner, Putting Probability Back into Probable Cause, 87 TEX. L. REV. 913 (2009)
The New Originalism Meets the Fourteenth Amendment: Original Public Meaning and the Problem of Incorporation, 18 J. CONTEMP. LEGAL ISSUES 361 (2009)(contribution to symposium on the Fourteenth Amendment and the Bill of Rights)