Meet the Faculty

Full-Time Faculty, Study Abroad Faculty

Neil H. Cogan

Professor of Law

  • B.A., University of Pennsylvania College
  • LL.B., University of Pennsylvania Law School, cum laude
  • Ph.D., University of California Irvine (History)

Contact Information

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Tel. 714.444.4141 ext. 216
Fax. 714.444.1854
Building Two, Room 216

Professor Neil H. Cogan has been on the faculty since 2001. He was Dean of the Law School and Vice President for Legal Education for the College from 2001 to 2009. During his deanship, the Law School established the Center for International and Comparative Law, the Institute for Legal Writing and Professional Skills, the Institute for Student and Graduate Academic Support, the Institute for Trial Advocacy, and six Summer Study Abroad Programs. He directs the Israel Summer and Winter Study Abroad Program.

He taught at Quinnipiac University School of Law, where he was dean; Southern Methodist School of Law, where he was Associate Dean for Academic Affairs; and Bar Ilan University Faculty of Law. He was a Visiting Scholar at Yale Law School, a Visiting Scholar-in-Residence at Hebrew University Faculty of Law, a Visiting Scholar-in-Residence at the United States Department of Justice, Division of Civil Rights, and a Visiting Lecturer at Touro Law School. He is a consultant on accreditation issues.

He has edited books and written articles on constitutional law, civil rights, and civil and criminal procedure; his The Complete Bill of Rights (Oxford U. Pr., 1997) has been frequently cited by the United States Supreme Court and in the scholarly literature. With former dean Don Lively, he is at work on a new form of case book to be published by Aspen Press.

He is a litigator, having tried both bench and jury trials and argued appeals in the federal and state courts. Before doing administrative work, Professor Cogan participated in politics, lobbying, and community organizing; he frequently was an elected delegate at political conventions. He received “The Good Guy” award from the Texas Women’s Politic Caucus. He reads and writes narrative in four languages and fiction and poetry in two. He is married and lives in Los Angeles and has seven children and six grandchildren. His wife, Mannette, and he enjoy traveling, cooking, and gardening.

Books

  • The Complete Bill of Rights, 2d ed. (Oxford University Press, 2013)
  • Union and States’ Rights: A History and Interpretation of Interposition, Nullification, and Secession 150 Years After Sumter, (University of Akron Press, 2013)
  • Contexts of the Constitution (Foundation Press, 1999)
  • The Complete Bill of Rights (Oxford University Press, 1997)

Books in Progress

  • The Complete Reconstruction Amendments: The Second Bill of Rights, 6 vol., (Oxford University Press, 2014)
  • Freedom and Rights in Israel: Law, Democracy, and Culture, (Carolina Academic Pr., 2015)
  • Constitutional Law, A “Best Practices” Casebook (with D. Lively), (Wolters Kluwer, Aspen Pr., 2014)
  • Reawakening the Jewish Narrative: Images of Race and Masculinity in the Gilded Age and Progressive Era , (dissertation, 2013/14)
  • Theodore Roosevelt: Progressive, Warrior, and Naturalist, (Routledge Press, 2014)

Articles

  • Rhetoric and Discourse in Law’s Arcade; Prolegomenon, Visual Law of Washington and its President (in progress)
  • Strangers and Slaves: Mosaic Equality in America, in Law and Justice in Jewish Sources: Proceedings of the Jerusalem City of Law and Justice Conference, (1998).
  • The Rules of Everyday Life, 543 Annals Am. Acad. Pol. & Soc. Sci., 97 (1996).
  • Moses and Modernism, 92 Mich. L. Rev., 1347 (1994). (Review essay)
  • In Praise of Diverse Discourse, 5 St. Thomas L. Rev. 173 (1992). (Symposium)
  • Standing’ Before the Constitution: Membership in the Community, 7 Law & Hist. Rev. 1 (1989).
  • The Supervisory and Due Process Models in Conflict: Sanctions in the Fifth Circuit, 42 Sw. L.J., 1011 (1989).
  • Section 1985(3)’s Restructuring of Equality and Rights: An Essay on Texts, History, Progress and Cynicism, 39 Rutgers L. Rev. 515 (1987).
  • Comments on Regulating a Constitutional Convention, 50 J. Air Law & Com., 587, 1985. (Anniversary issue of SMU – published journal)
  • Some Thoughts on the Meaning of ‘Public Action’ and the Concerns of Public Action Adjudication, 13 U.C.D. L. Rev., 215 (1980).
  • Entering Judgment on a Nolo Contendre Plea: North Carolina v. Alford in Historical Perspective and Some Thoughts on the Relationship between Proof and Punishment, 17 Ariz. L. Rev., 992 (1975).
  • Entry of the Plea of Guilty in Texas: Requirements and Post-Conviction Review, 29 Sw. L.J., 714 (1975).
  • Guilty Pleas: Weak Links in the ‘Broken Chain,’ 10 Crim. L. Bull., 149 (1974).
  • The Pennsylvania Bail Provisions: The Legality of Preventive Detention, 44 Temp. L.Q., 51 (1970).
  • Juvenile Law, Before and After the Entrance of Parens Patriae, 22 So. Car. L. Rev., 147 (1970).

Papers

  • “Visual Law of the President,” 45th Annual Comparative Literature Conference, California State University, Long Beach, March 5, 2010

Journal edited

  • Human Rights, faculty editor (1974-77), editorial board (1977-84)

Legislation

  • S.B. 1505, 1989 Sess. (Tex.), codified as Tex. Family Code 16.032, 16.09 and 34.08 (principal drafter of statute to provide records and information to adoptive parents)
  • H.B. 1806, 1989 Sess. (Tex.), codified as Tex. Human Resources Code 47.031 (principal drafter of statute to provide post-adoption services to special needs children)
  • S.B. 738, 1985 Sess. (Tex.); H.B. 1537, 1985 Sess. (Tex.), codified as Tex. Education Code 51.911 (co-drafter of statute excusing students from class and examinations in order to practice religious beliefs)
  • S.B. 104, 1985 Sess. (Tex.); H.B. 259, 1985 Sess. (Tex.), codified as Tex. Education Code 51.571 (principal drafter of statute requiring disclosure of gifts from foreign entities to public colleges and universities, if the gifts restrict who can teach and what may be taught)

Citations to Work in Court Opinions and Law Reviews (Selected)

  • District of Columbia v. Heller, 128 S. Ct. 2783, 2833, 2835 (2008)(Opinion of Stevens, J.); Atwater v. City of Lago Vista, 532 U.S. 318, 336
  • (2001) (Opinion of the Court); Apprendi v New Jersey, 530 U.S. 466, 484 (2000) (Opinion of the Court); United States v. Hubbell, 530 U.S. 27,
  • 52 (2000) (Opinion of Thomas, J.); Jones v. United States, 526 U.S. 227, 248 (1998)
  • (Opinion of the Court); City of Boerne v. Flores, 521 U.S. 507, 552 (1997)
  • (Opinion of O’Connor, J.)
  • United States v. Emerson, 270 F.3d 203, 249 (5th Cir., 2001)(Garwood, J.), cert. denied, 2002 U.S. LEXIS 4269 (2002)
  • The Twenty Dollars Clause, 118 Harvard Law Review 1665, 1686 (2005)

Professional associations

  • Association of American Law Schools, chair, Section on Civil Rights, 2013-14
  • American Bar Association, Section on Legal Education & Admissions to the Bar (site inspection teams: Penn State (chair), Texas Wesleyan (member), Western State (chair))
  • American Bar Foundation (life fellow)
  • American Historical Association (member)
  • American Law Institute (elected member)
  • American Society for Legal History (member)
  • Association of American Law Schools (chair, Section on Legal History, 2010-11)
  • Member, California, New York, and Pennsylvania bars; 2nd, 5th, and 9th Federal Circuits; U.S. Supreme Court
  • Association of the Bar of the City of New York
  • Connecticut Bar Foundation
  • Gilder/Lehrman Foundation Fellow
  • Quinnipiac Black Law Students Association
  • Texas Women’s Political Caucus