Publications by David N. Mayer
 

Books

 

  • Freedom's Constitution: A Contextual Interpretation of the Constitution of the United States
    (in progress)  
  • Liberty of Contract: Rediscovering a Lost Constitutional Right (in progress)
  • The Constitutional Thought of Thomas Jefferson (Charlottesville: University Press of Virginia, 1994; paperback ed., 1995)
    Available for purchase online at the Amazon.com website:
    http://www.amazon.com
    Summarized on the Ashbrook Center website:
    http://www.ashbrook.org/books/mayer.html
    Reviewed by James W. Ely, Jr. on The Independent Institute website:
    • http://www.independent.org/publications/tir/article.asp?issueID=37&articleID=486

     

    Articles & Book Chapters

  • " The Myth of `Laissez-Faire Constitutionalism’: Liberty of Contract During the `Lochner Era,’” 36 Hastings Constitutional Law Quarterly 217 (2009)
  • "Substantive Due Process Rediscovered: The Rise and Fall of Liberty of Contract,” 60 Mercer Law Review 563 (2009)
  • “Completing the American Revolution: The Significance of Ayn Rand's Atlas Shrugged on Its Fiftieth Anniversary,” in

    The Journal of Ayn Rand Studies 9, no. 2 (Spring 2008): 191-219

  • "The Thomas Jefferson - Sally Hemings Myth and the Politicization of American History," in The Jefferson - Hemings Controversy (Robert F. Turner ed., Durham . N.C.: Carolina Academic Press, forthcoming in 2009)
  • "Necessary and Proper: West Point and Jefferson 's Constitutionalism," in Thomas Jefferson's Military Academy (Robert M.S. McDonald ed., Charlottesville : University Press of Virginia, 2004), 54-76
  • "`The Holy Cause of Freedom': The Libertarian Legacy of Thomas Jefferson," in The Noblest Minds: Essays on Fame, Honor, and the American Founding (Peter McNamara, ed., Lanham, Maryland: Rowman & Littlefield, 1999), 97-119
  • "Citizenship and Change in Jefferson 's Constitutional Thought," in Thomas Jefferson and the Education of a Citizen (James Gilreath, ed., Washington, D.C.: The Library of Congress, 1999), 221-241, 355-60
  • "`By the Chains of the Constitution': Separation of Powers Theory and Jefferson 's Conception of the Presidency," 26 Perspectives on Political Science 140 (1997), reprinted (revised) as "Thomas Jefferson and the Separation of Powers," in The Presidency Then and Now (Phillip G. Henderson, ed., Lanham, Md.: Rowman & Littlefield, 1999), 13-29, 250-54.
  • "Justice Clarence Thomas and the Supreme Court's Rediscovery of the Tenth Amendment," 25 Capital University Law Review 339 (1996)
  • "The English Radical Whig Origins of American Constitutionalism," 70 Washington University Law Quarterly 131 (1992)
  • "The Natural Rights Basis of the Ninth Amendment: A Reply to Professor McAffee," in Symposium: The Bill of Rights: An Historical Perspective , 16 Southern Illinois University Law Journal 313 (1992), reprinted in Randy E. Barnett, ed., The Rights Retained By the People: The History and Meaning of the Ninth Amendment , Vol. 2 (Fairfax, Va.: George Mason University Press, 1993)
  • "The Jurisprudence of Christopher G. Tiedeman: A Study in the Failure of Laissez-Faire Constitutionalism," 55 Missouri Law Review 93 (1990), reprinted in James W. Ely, Jr., ed., Property Rights in American History (Hamden, Conn.: Garland Publishing, 1997)
  • "Of Principles and Men: The Correspondence of John Taylor of Caroline with Wilson Cary Nicholas, 1806-1808," The Virginia Magazine of History and Biography 96 (1988): 345-88

    •  

    Essays, Book Reviews, and Monographs

  • “Completing the American Revolution” [abridgement of article published in Journal of Ayn Rand Studies] in The New Individualist [magazine published by The Atlas Society], Spring 2009, pp. 36-44
  • "Constitution of the United States," "Declaration of Independence," and "Thomas Jefferson," in The Encyclopedia of Libertarianism (Ronald Hamowy ed., Los Angeles: SAGE Publications, 2008), pp. 98-100, 113-15, and 262-63.
  • "Thomas Jefferson, Man versus Myth," monograph published by The Center for Ethics and Entrepreneurship [at Rockford College, Rockford, Illinois], 2007.  Available for purchase online at the Amazon.com website: http://www.amazon.com/dp/0979427010
  • "The Next Chief Justice" and "Reefer Madness Meets Wickard v. Filburn," The New Individualist [journal of The Objectivist Center], vol. 8, no. 4 (June 2005), pp. 4-12.  Posted online at The Objectivist Center's website: http://www.objectivistcenter.org/cth--1577-The_Next_Chief_Justice_.aspx   and http://www.objectivistcenter.org/cth--1576-Reefer_Madness_Meets_Wickard_v_Filburn_.aspx
  • "Interpreting the Constitution Contextually," Navigator [journal of The Objectivist Center], October 2003, pp. 5-10
    Posted online at The Objectivist Center's website:
    http://www.objectivistcenter.org/cth--730-Interpreting_Constitution_Contextually.aspx
  • "Thomas Jefferson," in The Encyclopedia of the Enlightenment (Alan Charles Kors ed., New York : Oxford University Press, 2003, 4 vols.), 2:286-90
  • "Foreword" to Anatomy of a Scandal: Thomas Jefferson and the SALLY Story , by Rebecca L. McMurry and James F. McMurry, Jr.  (Shippensburg , Pa. : White Mane Books, 2002)
  • "The Thomas Jefferson - Sally Hemings Myth and the Politicization of American History," report of my individual views, concurring with the majority report of the Scholars Commission on the Jefferson-Hemings Matter, to the Thomas Jefferson Heritage Society, et al . (April 12, 2001)
    Posted online at the Ashbrook Center 's website:
    http://www.ashbrook.org/articles/mayer-hemings.html
  • "Thomas Jefferson," in The Oxford Companion to American Law (Kermit L. Hall, ed., New York : Oxford University Press, 2002), 433-35
  • "`If Men Were Angels': A Review of Randy E. Barnett, The Structure of Liberty (Oxford University Press, 1998)," Cato Journal , Vol. 20, No. 2 (2000): 279-85.  Posted online at the Cato Institute website: http://www.cato.org/pubs/journal/cj20n2/cj20n2-8.pdf
  • "Immoral, Unconstitutional War," The Freeman: Ideas on Liberty [journal published by The Foundation for Economic Education], Vol. 49, No. 7 (July 1999): 8-11
    Posted online at the Liberty Haven website:
    http://www.libertyhaven.com/politicsandcurrentevents/constitutionscourtsandlaw/immoral.shtml
  • "Christopher G. Tiedeman," in John A. Garraty and Mark C. Carnes, eds., American National Biography (New York: Oxford University Press, 1999), 21: 646-47
  • "The Forgotten Essentials of Jefferson's Philosophy," IOS Journal [publication of the Institute for Objectivist Studies], Vol. 7, No. 1 (April 1997)
    Posted online at The Objectivist Center's website:
    http://www.objectivistcenter.org/navigator/articles/nav+dmayer_forgetten-essentials-thomas-jefferson-philosophy.asp
  • "The Libertarian Legacy of Thomas Jefferson," published under the title "The Misunderstood Mr. Jefferson," Liberty , Vol 10, No. 5 (May 1997): 29-39
    Posted online at Liberty 's website:
    http://www.libertysoft.com/liberty/features/59mayer.html
  • "Reviving Constitutional Limits: A Review of Richard Epstein, Bargaining with the State (Princeton, N.J.: Princeton Univ. Press, 1994)," in Cato Journal , vol. 14, no. 2 (Fall 1994): 351-53
  • "Policy and Principles in the Age of Jefferson ," A Review of John R. Nelson, Jr., Liberty and Property (Baltimore: Johns Hopkins University Press, 1987), in Humane Studies Review , vol. 5, no. 3 (Spring 1988): 9-11, 16-17

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    Other Selected Publications

  • “Guide to Historical Mystery Novels,” paper originally presented at The Atlas Society’s Summer Seminar, July 9, 2007, and subsequently updated  (WORD document, 125 KB)
  • "Defending Lincoln " [letter to the editor], Liberty , September 2002, pp. 5-6
  • “Bush Justice Department's View on Gun Rights Is On Target,” The Columbus Dispatch , May 18, 2002
    Posted online at the FreeRepublic.com website:
    http://www.freerepublic.com/focus/news/685546/posts
  • "Time To Ease Ohio 's Gun-Carry Law," The Columbus Dispatch , January 14, 2002
    Posted online at the Ohioans for Concealed Carry website:
    http://www.ohioccw.org/article512.html
  • "Call for New Laws Often Is Unjustified," The Columbus Dispatch , January 10, 2002
  • "After DeRolph III : Who Makes Public Policy in Ohio, the Legislature or the Courts?" a "Public Policy Brief" co-authored with David J. Owsiany and published by the Buckeye Institute for Public Policy Solutions, Columbus, Ohio, October 1, 2001
    Posted online at the Buckeye Institute website:
    http://www.buckeyeinstitute.org
    and in abridged form as “The Legislature Should Ignore The Court”:
    http://www.buckeyeinstitute.org/Articles/2001_10_20%20Owsiany%20Mayer.htm
  • "The End of the Affair?" answer to correspondent's question about the Thomas Jefferson - Sally Hemings issue, in The Daily Mail , London , England , August 9, 2001
  • "Postmodernism and the Jefferson-Hemings Myth" [excerpt from individual report for the Scholars Commission on the Jefferson-Hemings Matter], Navigator [journal of The Objectivist Center], May 2001
    Posted online at The Objectivist Center's website:
    http://www.objectivistcenter.org/navigator/articles/nav+dmayer_postmodernism-jefferson-hemings-myth.asp
  • "Hobnobbing with Fellow Wizards: A Report on the Law Professors' Conferences in Washington, D.C.," The Federalists' Paper [newsletter of the Capital University Law School Federalist Society chapter, March 2000, reprinted in abridged form as "A Look at This Year's Law Professors' Conferences in Washington , D.C. ," in The Federalist Society's Hot Topics Bulletin , March 9, 2000
    Posted online at the Capital University Law School Federalist Society chapter's website:
    http://users.law.capital.edu/federalistsociety/fp4/mayer.htm
  • "Why Ohio Should Abandon the Microsoft Case: The False Premises of Antitrust Law," essay published by the Buckeye Institute for Public Policy Solutions, February 2000, reprinted in abridged form as "Ohio Should Exit Weak Microsoft Case," The Columbus Dispatch , February 5, 2000
  • "Wealthy Americans Deserve Real Tax Relief," On Principle [publication of the John M. Ashbrook Center for Public Affairs], Vol. 7, No. 5 (October 1999)
    Posted online at the Ashbrook Center website:
    http://www.ashbrook.org/publicat/oped/mayer/01/tax.html
  • "Why I've Quit the American Bar Association: An Open Letter to the Law School Community," August 18, 1999, published in The Federalist Society's Bar Watch Bulletin , September 27, 1999 and in The Washington Times , October 3, 1999, reprinted in CBA Today [newsletter of the Columbus Bar Association], October 15, 1999, The Washington Times National Weekly Edition , October 11-17, 1999, and FrontPage Magazine
    Posted online on the Frontpage Archives pages:
    http://www.frontpagemag.com/ archives/miscellaneous/mayer10-1-99.htm
  • “Judicial Excess and `The Road Not Taken'," essay published by the Buckeye Institute for Public Policy Solutions, Dayton, Ohio, March 1999, reprinted as "Judge Strays Off Constitutional Course in School-Funding Case," The Columbus Dispatch , March 3, 1999
  • "Lessons from Clinton 's Impeachment and Trial," The Federalists' Paper [newsletter of the Capital University Law School Federalist Society chapter], March 1999
    Posted online at the Capital University Law School Federalist Society chapter's website:
    http://users.law.capital.edu/federalistsociety/fp3/mayer1.htm
  • "Ouster Is Only Outcome Fitting" (Why President Clinton Must Be Impeached), The Columbus Dispatch , December 16, 1998
  • "`Clintongate': A Review of Ann Coulter's High Crimes and Misdemeanors: The Case Against Bill Clinton ," The Federalists' Paper [newsletter of the Capital University Law School Federalist Society chapter], October 1998
    Posted online at the Capital University Law School Federalist Society chapter's website:
    http://users.law.capital.edu/federalistsociety/fp2/book.htm
  • "Who Makes Education Policy--The Legislature or the Courts?" a "Perspective on Current Issues" essay published by the Buckeye Institute for Public Policy Solutions, Dayton, Ohio, Sept. 1, 1998, reprinted (in abridged form) as "Court Ruling Off Mark on Public-School Funding," The Columbus Dispatch , Sept. 8, 1998, and as " DeRolph School Funding Ruling Goes Against Bedrock Principles," The Toledo Blade , Sept. 12, 1998
    Posted online at the Buckeye Institute website:
    http://www.buckeyeinstitute.org
  • "`A Harbinger of Hope': The Cleveland School Voucher Program Should Pass Constitutional Muster," a "Perspective on Current Issues" essay published by the Buckeye Institute for Public Policy Solutions, Dayton, Ohio, July 1998, reprinted (in abridged form) as "Voucher Ruling Is Good for Cleveland," The Columbus Dispatch , June 27, 1998
    Posted online at the Buckeye Institute website:
    http://www.buckeyeinstitute.org
  • Interview, “Fulfilling the Enlightenment,” in Navigator [journal of The Objectivist Center], April 1998
    Posted online on The Objectivist Center's website:
    http://www.objectivistcenter.org/articles/interview_david-mayer-enlightenment.asp
  • "Thomas Jefferson, Man of the Millennium: He Gave the World Hope for Liberty ," The Tallahassee ( Fla. ) Democrat , February 19, 1997 , and syndicated through Knight-Ridder/Tribune to various newspapers nationwide
  • " Clinton Presidency: The Most Corrupt in American History," On Principle [publication of the John M. Ashbrook Center for Public Affairs], Vol. IV, No. 6 (December 1996)
    Posted online at the Ashbrook Center 's website:
    http://www.ashbrook.org/publicat/onprin/v4n6/mayer.html
  • " Clinton 's Presidency Is Most Corrupt," The Columbus Dispatch , October 19, 1996
  • "Clinton Vetoes Undermine the Constitution," On Principle [publication of the John M. Ashbrook Center for Public Affairs], Vol. IV, No. 3 (June 1996)
    Posted online at the Ashbrook Center 's website:
    http://www.ashbrook.org/publicat/onprin/v4n3/mayer.html
  • " Jefferson 's Legacy of Liberty," review essay commissioned by the Independent Institute, published in LibertyTree Review and Catalogue , Vol. VII, No. 1 (Spring 1993 special issue commemorating the 250th anniversary of the birth of Thomas Jefferson) and (in revised form, as "Remembering Jefferson") in various newspapers nationwide
    Posted online at The Independent Institute's website:
    http://www.independent.org/tii/news/930413Mayer.html
  • "The Ninth Amendment and Protection of Liberty," opinion article commissioned by Pacific Research Institute for Public Policy, as part of its Bill of Rights Bicentennial series, Fall 1991, published in various newspapers nationwide
  • " Federalist Reconsidered: The Important Question," "A Republican Remedy for the Diseases of Republican Government," an op-ed series commemorating the bicentennial of the Federalist Papers, distributed through the Institute for Humane Studies, Fall 1987, and published in various newspapers nationwide