Justin Driver

Robert R. Slaughter Professor of Law


Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School. He teaches and writes in the area of constitutional law and is the author of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind

FULL BIOGRAPHY
Justin Driver

Contact Information



Faculty Assistant


Ann-Marie Cooper

Education & Curriculum Vitae


J.D., Harvard Law School, 2004

M.S., Oxford University, 2000

M.A., Duke University, 1998

B.A., Brown University, 1997

Courses Taught


  • Constitutional Law
  • Education Law
  • Narratives from Prison
  • The Law of Racial Inequality

Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School. He teaches and writes in the area of constitutional law and is the author of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind. The book was selected as a Washington Post Notable Book of the Year and an Editors’ Choice of The New York Times Book Review. The Schoolhouse Gate also received the Steven S. Goldberg Award for Distinguished Scholarship in Education Law, and was a finalist for the American Bar Association’s Silver Gavel Award and Phi Beta Kappa’s Ralph Waldo Emerson Book Award.  

A recipient of the American Society for Legal History’s William Nelson Cromwell Article Prize, Driver has a distinguished publication record in the nation’s leading law reviews. He has also written extensively for general audiences, including pieces in Slate, The Atlantic, The New York Times, The New York Times Book Review, The Washington Post, and The New Republic, where he was a contributing editor. A member of the American Law Institute and of the American Constitution Society’s Academic Advisory Board, Driver is also an editor of the Supreme Court Review.

Previously, Driver was the Harry N. Wyatt Professor of Law at the University of Chicago. Driver is a graduate of Brown, Oxford (where he was a Marshall Scholar), Duke (where he received certification to teach public school), and Harvard Law School (where he was an editor of the Harvard Law Review). After graduating from Harvard, Driver clerked for then-Judge Merrick Garland, Justice Sandra Day O’Connor (Ret.), and Justice Stephen Breyer.

Wednesday, June 30, 2021


Schools Weigh Discipline After Supreme Court Ruling on Student Speech

Robert R. Slaughter Professor of Law Justin Driver is quoted on the Supreme Court decision regarding the First Amendment and off-campus speech by public school students.

Tuesday, June 29, 2021


This Supreme Court Guards the First Amendment — and Neglects the Fourth

A column on the recent Supreme Court decision in favor of a public school student in a First Amendment case quotes Robert R. Slaughter Professor of Law Justin Driver.

Friday, June 25, 2021


The Supreme Court’s Cheerleader Decision Has Something to Frustrate and Disappoint Everyone

Robert R. Slaughter Professor of Law Justin Driver is quoted on the Supreme Court decision regarding the First Amendment and off-campus speech by public school students.

Thursday, June 24, 2021


A Cheerleader Lands an F on Snapchat, but a B+ in Court — A Commentary by Justin Driver

Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School.

Wednesday, June 23, 2021


Supreme Court Rules for Cheerleader Punished for Vulgar Snapchat Message

Robert R. Slaughter Professor of Law Justin Driver comments on the Supreme Court decision in favor of a public school student in a First Amendment case. 

Tuesday, June 22, 2021


Can Schools Discipline Students for Off-Campus Speech?

Robert R. Slaughter Professor of Law Justin Driver and Jeffrey Rosen ’91 discuss whether schools should be able to discipline students for what they say online.

Wednesday, June 2, 2021


New Study Provides Evidence That Diversity Enhances Higher Education Outcomes

Robert R. Slaughter Professor of Law Justin Driver co-authored a study that has provided some of the first empirical evidence in support of the diversity rationale for affirmative action in higher education. 

Wednesday, June 2, 2021


As Harvard Case Looms at Supreme Court, Study Tests Value of Diversity

Robert R. Slaughter Professor of Law Justin Driver co-authored a study showing that articles published in law reviews that adopted diversity policies for choosing student editors were cited more often, a finding that supports the diversity rationale for affirmative action in higher education.

Wednesday, June 2, 2021


Law Professors Aim to Show Value of Diversity in New Study

Robert R. Slaughter Professor of Law Justin Driver co-authored a study showing that articles published in law journals that adopted diversity policies for choosing student editors were cited more often.

Friday, April 30, 2021


Why We All Should Want the Suspended Cheerleader to Win Her Supreme Court Case — A Commentary by Justin Driver

Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School.

Wednesday, April 28, 2021


Can A School Punish A Cheerleader For Cursing On Snapchat? Supreme Court Leans Toward ‘No’

Robert R. Slaughter Professor of Law Justin Driver is quoted in a Forbes article about a case before the Supreme Court that centers around the First Amendment and off-campus speech.

Tuesday, April 27, 2021


US Supreme Court Set for Landmark Gun Control and Free Speech Cases

Robert R. Slaughter Professor of Law Justin Driver is quoted in an article in The Times (UK) about the First Amendment and off-campus speech.

Sunday, April 25, 2021


A Cheerleader’s Snapchat Rant Leads to ‘Momentous’ Supreme Court Case on Student Speech

Robert R. Slaughter Professor of Law Justin Driver is quoted in an article in The Washington Post about the First Amendment and off-campus speech.

Wednesday, April 14, 2021


Yale Law Faculty, Alumni Named to Presidential Commission on Supreme Court Reform

A new Presidential Commission on Supreme Court Reform will be co-chaired by Leighton Homer Surbeck Professor of Law Professor Cristina Rodríguez ’00 and includes a total of 14 Yale Law School faculty and alumni.

Tuesday, March 23, 2021


Schooling Qualified Immunity — A Commentary by Justin Driver

Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School.

Friday, January 8, 2021


U.S. Supreme Court to Weigh Whether Schools May Discipline Students for Internet Speech

Robert R. Slaughter Professor of Law Justin Driver is quoted in Education Week about a case involving free speech and social media that will be heard by the Supreme Court later this year.

Monday, December 28, 2020


A Cheerleader’s Vulgar Message Prompts a First Amendment Showdown

Robert R. Slaughter Professor of Law Justin Driver is quoted in the New York Times about free speech and social media.

Thursday, December 24, 2020


As Biden zeroes in on attorney general pick, some worry one contender is too moderate on criminal justice issues

Robert R. Slaughter Professor of Law Justin Driver is quoted in the Washington Post about potential choices for the next attorney general.

Thursday, November 12, 2020


Harvard Victory Pushes Admissions Case Toward a More Conservative Supreme Court

Professor of Law Justin Driver is quoted in The New York Times about the recent court ruling that found Harvard’s admissions process did not violate civil rights law.

Tuesday, November 10, 2020


Professor Driver Receives The Steven S. Goldberg Award

Yale Law School Professor Justin Driver has recently been awarded The Steven S. Goldberg Award for Distinguished Scholarship in Education Law for his book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.

Monday, October 19, 2020


Originalism in a diverse America: How does Amy Coney Barrett’s judicial philosophy square with who was left out of the Constitution?

Professor of Law Justin Driver is quoted in a Washington Post article about constitutional originalism.

Tuesday, September 29, 2020


Legal Scholars Worry About Affirmative Action and Civil Rights if Barrett is Confirmed

Professor of Law Justin Driver is quoted in a Diverse Issues in Higher Education article about Supreme Court nominee Amy Coney Barrett.

Tuesday, July 21, 2020


Where the Sick Get Sicker and the Sane Are Driven Mad: Behind Bars — A Commentary by Justin Driver

Justin Driver is Professor of Law at Yale Law School.

Friday, July 10, 2020


In a Term Full of Major Cases, the Supreme Court Tacked to the Center

Professor of Law Justin Driver is quoted in The New York Times about the most recent Supreme Court decisions.

Thursday, May 14, 2020


‘A momentous decision’: What the resolution of Detroit’s literacy case could mean for American schools

Professor of Law Justin Driver was interviewed by Chalkbeat regarding the recent federal court decision that found that students in the Detroit public school system have a constitutional right to basic education.

Monday, May 4, 2020


WATCH: Professor Driver Delivers Lecture at the U.S. Supreme Court

Professor Justin Driver delivered a lecture at the U.S. Supreme Court that recently aired on C-Span.

Wednesday, April 29, 2020


Federal Court Rules Detroit Students Were Denied Constitutional Right to Basic Education

Professor of Law Justin Driver appeared on the public radio show The Takeaway to discuss a decision by a federal court that declared American public school students have a constitutional right to an adequate education.

Monday, April 27, 2020


Detroit Students Have a Constitutional Right to Literacy, Court Rules

Professor of Law Justin Driver is quoted in the New York Times about a decision by a federal court that declared American public school students have a constitutional right to an adequate education. His book, The Schoolhouse Gate, was cited in the underlying decision.

Thursday, April 23, 2020


U.S. Appeals Court Recognizes a Federal Right of Access to Literacy

Professor of Law Justin Driver is quoted in Education Week about a recent decision by a panel of the U.S. Court of Appeals for the 6th Circuit (Cincinnati), that recognizes a fundamental federal right to a basic minimum education and access to literacy.

Monday, January 6, 2020


The Battle for the Constitution

Justin Driver is Professor of Law at Yale Law School.

Thursday, December 5, 2019


Professor Driver on How the Courts Influence Public Schools

Justin Driver accepted a tenured appointment as Professor of Law at Yale Law School on July 1, 2019. Upon Professor Driver’s arrival in New Haven, the Yale Law Report sat down with him to discuss The Schoolhouse Gate’s contributions to legal scholarship.

Friday, November 15, 2019


'This Isn't Just About a Pronoun.' Teachers and Trans Students Are Clashing Over Whose Rights Come First

Professor of Law Justin Driver is quoted in an article about cases pending against public schools in Indiana, Virginia, and Ohio brought by teachers who say they were disciplined for refusing to use the preferred names or pronouns of transgender students.

Thursday, July 25, 2019


45 years later, this case is still shaping school segregation in Detroit — and America

Professor of Law Justin Driver is quoted in an article about the legacy of Milliken v. Bradley in Detroit.

Monday, March 18, 2019


Professor Justin Driver to Join Yale Law School Faculty

Dean Heather K. Gerken has announced the appointment of Justin Driver to the Yale Law School faculty as Professor of Law effective July 1, 2019.