PPS 8.10 Form 1A
02/27/2013
TEXAS STATE VITAE
I. ACADEMIC/PROFESSIONAL BACKGROUND
A. Name: Paul Adam Kens Title: Professor
B. Educational Background
Degree / Year / University / Major / Thesis/DissertationPh.D. / 1987 / The University of Texas
at Austin / Government / Law and Politics/Legal History
J.D. / 1971 / The University of Texas School of Law / Law
B.A. / 1968 / Northern Illinois University / Political Science
C. University Experience
Position / University / DatesProfessor of Political Science and History / Texas State University, San Marcos / 1997-present
Associate Professor of Political Science / Texas State University, San Marcos / 1992-1997
Assistant Professor, Department of Political Science / Texas State University, San Marcos / 1987-1992
Adjunct Professor / Texas Southern School of Law, Houston, Texas / 1979
D. Relevant Professional Experience
Position / Entity / DatesStaff Attorney-Consumer Law Specialist / Gulf Coast Legal Foundation, Houston, Texas / 1979-1982
Editor, Continuing Legal Education Department / State Bar of Texas, Austin, Texas / 1974-1977
Law Clerk to Judges Paul A. Lowengrub and Leon Wingate / Camden County Court, Camden, N.J. / 1973-1974
E. Other Professional Credentials (licensure, certification, etc.)
State Bar of Texas (inactive)
II. TEACHING
A. Teaching Honors and Awards:
Fresh Start Award 2003, Presented by the Alkek Technology Institute, Preparing Tomorrow’s Teachers to use Technology, Faculty Advancement Center, Educational Technology Center, and Instructional Technology Support, Texas State University-San Marcos
B. Courses Taught:
Courses currently taught on a regular basis:
POSI 2320 Functions of American Government
POSI 3310 Constitutional Law
POSI 3311 Constitutional Law and Liberties
POSI 4304/History 3349 Development of the American Constitution
POSI 4399 Senior Seminar (mock constitutional convention)
POSI 5350 Issues in American Politics (property, liberty, and power)
Courses taught in the past:
POSI 2310 Introduction to American and Texas Politics
POSI 4349C Property Rights in Australia and The United States
POSI 4311 Judicial Process
POSI 4399 Senior Seminar (great American judges)
POSI 5350 Problems in Public Law (for the public administration program)
POSI 6387 Legal Research (for the legal studies program)
POSI 6379 Legal Drafting (for the legal studies program)
POSI 5378 Social Legislation (for the legal studies program)
POSI 5394 Litigation (for the legal studies program)
C. Graduate Theses/Dissertations, Honors Theses, or Exit Committees (if supervisor, please
indicate):
Kurt Alhorn, Oral Exam, MA in Political Science, fall 2011
Al Diaz, Thesis, MA in Political Science, fall 2011
Lisa J.S. Wright, MA in Political Science, 1996 (chair)
Lance R. Hignite, MA in Criminal Justice 1996
Patricia Martinez, honors thesis 1996 (chair)
Kimberly Buckler, independent study, spring 1996
Cory Wallace, applied research project MPA, 1996
Jana Demming, applied research project MPA, 1992
Deborah Woolsey, MA Theater, 1990
D. Courses Prepared and Curriculum Development:
Property Rights in Australia and The United States (POSI 4349C)
POSI 6387 (Legal Research) & POSI 6379 (Legal Drafting) adding computer legal research
I. Other:
Southwest Texas in Canterbury, England – Study Abroad Program, 2001
III. SCHOLARLY/CREATIVE
A. Works in Print (including works accepted, forthcoming, in press)
1. Books (if not refereed, please indicate)
Paul Kens, The Supreme Court Under Chief Justice Morrison R. Waite: 1874-1888 (Columbia: University of South Carolina Press, 2010).
Paul Kens, Justice Stephen J. Field: Shaping Liberty from the Gold Rush to the Gilded Age (Lawrence: The University Press of Kansas, 1997).
Paul Kens, Judicial Power and Reform Politics: The Anatomy of Lochner v. New York (Lawrence: The University Press of Kansas, 1990). Revised for paperback, Lochner v. New York: Economic Regulation on Trial (Lawrence: the University Press of Kansas, 1998).
Paul Kens & Stephen Cochran, Consumer Rights and Remedies, 2 vols. (St. Paul: West Publishing Company, 1983).
H. Clyde Farrell & Paul Kens, Buying, Renting, and Borrowing in Texas. (Austin: Texas Consumer Association, 1980) 2nd Ed. published in 1983. Not refereed.
2. Chapters in Books:
Paul Kens, “A Promise of Expansionism: the 1840s, Mexico, Texas, and the Southwest,” in Sanford Levinson and Bartholomew Sparrow, eds. The Louisiana Purchase and American Expansion 1803-1898 (Lanham, MD.: Rowman and Littlefield, 2005) 139-64.
3. Articles
a. Refereed Journal Articles:
Paul Kens, “The United States Supreme Court and Business Elites: Gilded Age Origins of Modern American Liberalism” Transatlantica [En ligne], 1:2013, mis en ligne le 05 février 2014, consulté le 13 février 2014. URL: http://transatlantica.revues.org/6473
Paul Kens, “Property, Liberty, and the Rights of the Community: Lessons from Munn v. Illinois.” Buffalo Public Interest Law Journal 30 (2011-2012) 157-96. Also published electronically on the Social Science Research Network.
Paul, Kens “The Credit Mobilier Scandal and The Supreme Court: Corporate Power, Corporate Person, and Government Control in the Mid-Nineteenth Century,” Journal of Supreme Court History 43 (2009) 170-82.
Paul Kens, “Justice Stephen Field of California,” Journal of Supreme Court History, (April 2008) 149-159.
Paul Kens, “Lochner v. New York: Tradition or Change in Constitutional Law?” NYU Journal of Law & Liberty 1 (2005) 404-431.
Paul Kens, “Wide Open Spaces: The Texas Supreme Court and the Scramble for the State’s Public Domain 1876-1898,” Western Legal History 16 (Summer/Fall 2003) 159-87.
Paul Kens, "John C. Frémont and the Biddle Boggs Case: Property Rights versus Mining Rights in Early California,” The Mining History Journal (1999) 8-21. Winner of the John Townley Award for best article in 1999.
Paul Kens, "Lochner v. New York: Rehabilitated and Revised, but Still Reviled," Journal of Supreme Court History (1995) 31-46. This article won the Hughes Gossett Award for Historical Excellence, from the United States Supreme Court Historical Society, 1996.
Paul Kens, "Liberty and the Public Ingredient of Private Property," The Review of Politics 54 (Winter 1993) 85-116.
Paul Kens, "Whose Intent and Which Purpose? The Origins of the Fourteenth Amendment," Reviews in American History 20 (March 1992) 59-64, a review essay of Earl M. Maltz, Civil Rights, The Constitution, and Congress, 1863-1869 and Michael Kent Curtis, No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights.
Paul Kens, "The Source of a Myth...: Police Power of the States and Laissez-Faire Constitutionalism 1900-1937," American Journal of Legal History 35 (Winter 1991) 70-98.
Paul Kens, "Public Futility: The Status of Consumers in Light of the Texas Public Utility Regulatory Act," 28 Baylor Law Review 953 (Fall 1976).
b. Non-refereed Articles:
Paul Kens, “Public Land, Private Settlers, The Yosemite Valley Case,” California Legal History 4 (2009) 373-92. (Invited).
Gorham, George C., “The Story of the Attempted Assassination of Justice Field by a Former Associate of the Supreme Bench of California,” ed. Paul Kens, Journal of Supreme Court History 29 (2005) 105-194, with introduction, “Incident at Lathrop Station” by Paul Kens, pp. 85-104. (Invited).
Stephen J. Field, "Personal Reminiscences of Early Days in California," ed. Paul Kens, Journal of Supreme Court History 29 (2004) 22-119, with introduction by Paul Kens, pp. 1-21. (Invited).
4. Book Reviews:
Rev. of Texas Supreme Court: a Narrative History 1836-1986, James L. Haley (Austin: University of Texas Press, 213) Southwestern Historical Quarterly.
Rev. of Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform, David Bernstein, (Chicago: University of Chicago Press, 2011) H-Net reviews.
Rev. of Race and National Power, by Christopher Waldrep, H-Law (2011).
Rev. of The Waite Court: Justices, Rulings, and Legacy, by Donald Grier Stephenson, (July 2005).
Rev. of Rethinking the New Deal Court: The Structure of Constitutional Revolution, by Barry Cushman, American Journal of Legal History (1999).
Rev. of Liberty, Privacy, and Property: Toward a Jurisprudence of Substantive Due Process, by Edward Keynes, American Academy of Political Science: The Annals 559 (September, 1998).
Rev. of Competition Policy in America 1888-1992: History, Rhetoric, Law, by Rudolph J.R. Peritz, The Law and Politics Book Review (1996).
Rev. of A History of the Supreme Court, by Bernard Schwartz, Law and History Review (March 1994).
Rev. of The Bill of Rights in Modern America: After 200 Years, by David J. Brodenhamer and James Ely Jr., Journal of Southern History (1994).
Rev. of Enterprise and American Law 1836-1937 by Herbert Hovenkamp, The Law and Politics Book Review 2 (February 1992).
Rev. of Interpreting the Constitution, by Harry H. Wellington, Journal of American History 78 (March 1992).
Rev. of The Appeal of Civil Law: A Political-Economic Analysis of Litigation, by Wayne V. McIntosh, Social Science Quarterly 72 (June1991).
5. Other Works in Print:
Short Essays
Paul Kens, “Lochner v. New York,” in Melvin I. Urofsky, ed. The Public Debate over Controversial Supreme Court Decisions (Washington, D.C.: CQ Press, 2005) 95-103.
Peter Eisenstadt, et al, Encyclopedia of New York State (Syracuse University Press, 2005) contributed an entry on Lochner v. New York.
Paul Kens, “David Neagle: Trigger Man for a Tragedy,” in Melvin I. Urofsky, ed. 100 Americans Making Constitutional History (Washington, D.C.: CQ Press, 2004) 141-44.
Paul Boyer, et. al., Oxford Companion to United States History (New York: Oxford University Press, 2002) contributed an essay on Lochner v. New York.
Kermit Hall, et. al., Oxford Companion to American Law (New York: Oxford University Press, 2002) contributed entries on Stephen J. Field, David Dudley Field, and Lochner v. New York.
Paul Finkleman, Encyclopedia of the United States in the Nineteenth Century (New York: Charles Scribner’s Sons, 2001) contributed an essay on the Supreme Court in the Gilded Age.
Gordon Bakken, Law in the Western United States (Norman: University of Oklahoma Press, 2000) contributed essays on U.S. v. Greathouse, in re Tiburcio Parrott, Frémont v. U.S., The Railroad Tax Cases, Ferris v. Coover, “Don’t Mess Around in Texas, The Texas Justifiable Homicide Law”, Crowley v. Cristensen and Yick Wo v. Hopkins, Frisbie v. Whitney and The Yosemite Valley Case.
John A. Garraty and Mark C. Carnes, eds., American National Biography, 24 vols. (New York: Oxford University Press, 1999) contributed an essay on Supreme Court Justice Stephen Johnson Field.
Melvin I. Urofsky, A Biographical Dictionary of Supreme Court Justices (New York: Garland Publishing, 1994) contributed essays on Justices Joseph Rucker Lamar and Horace Harmon Lurton.
Kermit Hall, et al, Oxford Companion to the Supreme Court of the United States (New York: Oxford University Press, 1993) contributed essays on Justice Rufus Peckham, Lochner v. New York, Frothingham v. Mellon, Ashwander v. T.V.A., Palko v. Connecticut, and Skinner v. Oklahoma.
6. Re-publication in Collections:
Excerpt from Lochner v. New York: Economic Regulation on Trial was included in Kermit Hall and Timothy Huebner, Major Problems in American Constitutional History: Documents and Essays, 2nd edition (Cengage: 2010).
"The Source of a Myth: Police Power of the States and Laissez-Faire Constitutionalism 1900-1937," American Journal of Legal History 35 (1991) was included in James W. Ely, Jr., Property Rights in American History.
B. Works not in Print
1. Papers Presented at Professional Meetings:
“Big Business and the Reconstruction Amendments: Lessons from Munn v. Illinois” Presented at the conference “From Property to Personhood: The Intents and Unintended Consequences of the Reconstruction Amendments” University of Georgia, October 24-26, 2013.
“Anthropomorphic? The Corporate Person from the Civil War to Citizens United” Annual Meeting of the Association for Law, Property, and Society, March 4-5, 2011, Washington, D.C.
“Property, Liberty, and the Rights of the Community: The Pivotal Case of Munn v. Illinois.” Presented at the Annual Meeting of the Association for Law, Property and Society, Washington D.C., March 5-6, 2010.
“The Waite Court: Economic Regulation and the Last Gasp for the Rights of the Community,” Presented at the Annual Meeting of the American Society for Legal History, Ottawa, Ontario, Canada, November 13-15, 2008.
“Into the Chute: U.S. Supreme Court Keeps the Gates Open for Business Regulation,” Presented at the Annual Meeting of the Texas State Historical Association, Corpus Christi, TX, March 6-8, 2008.
“Lochner v. New York as a Revolution in Constitutional Law,” presented at the annual meeting of the Organization of American History, Boston, Ma., March, 2004.
“Comparative Legal History in the Classroom: Opportunities and Challenges,” presented at the annual meeting of the American Society for Legal History, Washington D.C., November 13, 2003.
“A Promise of Expansionism: The 1840s, Mexico, Texas, and the Southwest,” presented at the Bicentennial Symposium: The Louisiana Purchase and American Expansion: Sponsored by the University of Texas, February 20-22, 2003.
“Jim Hogg’s Legacy? The Texas Supreme Court 1888-1900,”presented at the annual meeting of the American Historical Association, January 5, 2002.
“The Texas Supreme Court and the Scramble for the State’s Public Domain,” presented at the annual meeting of the Western Political Science Association, March 15-17, 2001.
“Land and Liberty: A Clash of Traditions in Gold Rush California,” presented at the annual conference of the Australia and New Zealand Law and History Society, July 9-11, 1999.
“The Biddle Boggs Case: Property Rights versus Mining Rights in Early California,” presented at the annual meeting of the Western History Association, October, 1997.
"Mixing Law and Politics: Justice Stephen J. Field and the Railroad in California," presented at the annual meeting of the American Historical Association Pacific Coast Branch, August 8-11, 1996.
"Justice Stephen J. Field, Civil Rights, and the 1880 Presidential Campaign," presented at the annual meeting of the American Society for Legal History, October 21-23, 1993.
"Justice Stephen J. Field, The Chinese, and the Constitution," presented at the Annual Meeting of the California Historical Society, September 17-19, 1993.
"Liberty and the Public Ingredient of Private Property," Presented at the Center for the Study of the Presidency, 22nd Annual Leadership Conference, November 1-3, 1991.
"Contract and the Constitution," Presented at a joint session of Political Science and History, Annual Meeting of the Southwest Social Science Association, March 1991.
"Transforming the Constitutional Protection of Property," Center for the Study of the Constitution in conjunction with the Annual Meeting of the American Political Science Association, August 31, 1990.
"Supreme Court and State Police Power in the Laissez-Faire Era," Annual Meeting of the Southwestern Social Science Association, March 30, 1989.
"Lochner v. New York: The Supreme Court and Reform in Another Era," Annual Meeting of the Southwestern Social Science Association, March 25, 1988.