Jonathan L. Marshfield
Associate Professor of Law
School of Law
Professor Marshfield’s research focuses on constitutional law, state constitutions, and constitutional change. His work explores how procedural rules and political institutions can affect constitutional outcomes. Most recently, he has focused on the under-explored intersection between formal constitutional amendment and the practice of judicial review. Professor Marshfield’s work has appeared in the Michigan Law Review, the Boston University Law Review, and other leading journals. Professor Marshfield’s state constitutional research has been cited favorably 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. Most recently, the New England Law Review dedicated an issue to scholarly commentary on Professor Marshfield’s empirical research regarding state constitutional change.
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, and has provided expert opinion for the Arkansas Bar Association regarding issues of state constitutional law. He is frequently invited to speak on issues of constitutional change and design, including a recent invitation to present to state judges at the Pound Institute’s national Forum for State Appellate Court Judges.
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.
LL.M (legal theory), New York University School of Law, 2010.
J.D. (high honors), Rutgers University School of Law – Camden, 2006.
B.A. (honors), Cedarville University, 2002.
The Amendment Effect, 98 B.U. L. Rev. 55 (2018).
Respecting the Mystery of Constitutional Change, 65 Buff. L. Rev. 1057 (2018) (solicited essay).
Political Functions and Limitations of Contemporary State Constitutions in the United States in Does Quebec Need a Written Constitution? (Richard Albert ed., McGill-Queen '92s Univ. Press) (forthcoming, solicited).
Courts and Informal Constitutional Change in the States, 52 N.E. L. Rev. (forthcoming 2018) (invited keynote article for paper symposium).
Amendment Creep, 115 Mich. L. Rev. 215 (2016).
Improving Amendment, 69 Ark. L. Rev. 477 (2016) (symposium article).
Decentralizing the Amendment Power, 19 Lewis & Clark L. Rev. 963 (2016).
Foreign Precedent in State Constitutional Interpretation, 53 Duq. L. Rev. 413 (2015) (invited essay).
Dimensions of Constitutional Change, 43 Rutgers L. J. 593 (2013).
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 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'92l 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).