Jonathan L. Marshfield
Associate Professor of Law
School of Law
Professor Marshfield’s research focuses on constitutional procedure and design, state constitutional law, and constitutional change. His work explores how procedural rules and political institutions can affect constitutional outcomes. Professor Marshfield’s most recent work is forthcoming in the Michigan Law Review, and his prior work has appeared in the Lewis & Clark Law Review, Penn State Law Review, and Rutgers Law Review, among others. Professor Marshfield’s state constitutional research was recently cited by the New Jersey Supreme Court in an important eminent domain case, and his research into constitutional design has been cited by leading scholars in law reviews, textbooks, and academic journals.
Professor Marshfield has served as a consultant to foreign officials regarding issues of constitutional revision and design. He also advises the Arkansas Public Policy Center regarding constitutional changes in Arkansas.
In 2015, Professor Marshfield was selected by the University of Arkansas Associated Student Government as a finalist for the university-wide Outstanding Faculty Member Award.
Prior to joining the University of Arkansas faculty, Professor Marshfield practiced as a commercial litigator with Latham & Watkins LLP and Saul Ewing LLP. He also clerked for Judge Robert B. Kugler, United States District Judge for the District of New Jersey, and Chief Justice James R. Zazzali of the Supreme Court of the State of New Jersey. While in practice, Professor Marshfield represented several large financial firms and fortune 500 companies regarding a variety of complex business disputes in both state and federal court. He has significant experience in most stages of civil litigation, including deposing and examining witnesses, managing complex electronic discovery, arguing pre-trial and dispositive motions, handling settlement mediations, and participating in civil trials. Professor Marshfield has handled appeals to various appellate courts, including the United States Court of Appeals for the Second Circuit, the New Jersey Supreme Court, and the New York Court of Appeals.
Professor Marshfield grew up in Durban, South Africa. He currently lives in Springdale, Arkansas with his wife and young son. Outside the classroom, Professor Marshfield's interests include time on the lake with his family, fly fishing, wakeboarding, and slalom skiing.
Professor Marshfield teaches Legal Research & Writing, State amp; Local Government Law, and Law & Development.
Professor Marshfield earned his LL.M. in legal theory from New York University School of Law. He earned his J.D. with high honors from Rutgers University School of Law – Camden, and he holds a B.A. with honors from Cedarville University.
"Amendment Creep", 115 Mich. L. Rev. __ (forthcoming 2016) (featured on Legal Theory Blog)
"Improving Amendment", __ Ark. L. Rev. __ (forthcoming 2016) (invited symposium article)
"Decentralizing the Amendment Power", 19 Lewis & Clark L. Rev. 963 (2016) (featured on Legal Theory and Blog I-CONnect Blog)
"Foreign Precedent in State Constitutional Interpretation", 53 Duq. L. Rev. 413 (2015) (invited essay)
"Dimensions of Constitutional Change", 43 Rutgers L. J. 593 (2013) (invited book review)
"Models of Subnational Constitutionalism", 115 Penn St. L. Rev. 1151 (2011) (invited article)
"Federalism and Political Competition in Emerging Democracies", 10 Wash. U. Global Stud. L. Rev. 297 (2011)
"Evaluating South Africa's Post-Apartheid Democratic Prospects through the Lens of Economic Development Theory", 9 Rich. J. Global L. & Bus. 431 (2010)
"Providing Meaningful Judicial Review of Municipal Redevelopment Designations: Redevelopment in New Jersey Before and After Gallenthin Realty Development, Inc. v. Borough of Paulsboro", 40 Rutgers L. J. 451 (2009) (co-author) (cited favorably by New Jersey Supreme Court in 62-64 Main St., L.L.C. v. Mayor & Council of Hackensack, 221 N.J. 129 (2015))
"Authorizing Subnational Constitutions in Transitional Federal States: South Africa, Democracy, and the KwaZulu-Natal Constitution", 41 Vand. J. of Transnat'l L. 585 (2008) (excerpted in David B. Oppenheimer, et al., Comparative Equality and Anti-Discrimination Law (2012))
"A Tribute to Chief Justice James R. Zazzali: More Than a 'Caretaker'", 59 Rutgers L. Rev. 667 (2007) (co-author)