Justin Driver
Robert R. Slaughter Professor of Law and Counselor to the Dean
(on leave, fall 2022)
Justin Driver is the Robert R. Slaughter Professor of Law and Counselor to the Dean 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
Contact Information
- Room 205
- 203-436-9150
- justin.driver@yale.edu
Faculty Assistant
Ann-Marie Cooper
- Room 333
- 203-432-4830
- ann-marie.cooper@yale.edu
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 and Counselor to the Dean 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 Washington Post, and The New Republic, where he was a contributing editor. An elected member of the American Law Institute and of the American Academy of Arts & Sciences, Driver is also an editor of the Supreme Court Review. In 2021, President Biden appointed Driver to serve on the Presidential Commission on the Supreme Court of the United States.
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.
Monday, January 30, 2023
Force Multiplier
Collaborations between faculty and students on academic papers enhance the process — and the scholarship.
Sunday, October 30, 2022
In Clash Over Affirmative Action, Both Sides Invoke Brown v. Board of Education
The New York Times
Robert R. Slaughter Professor of Law Justin Driver comments on the use of Brown v. the Board of Education by people on both sides of the issue of affirmative action.
Wednesday, October 26, 2022
Affirmative Action Isn’t Dead Yet — A Commentary by Justin Driver
The New York Times
Justin Driver is the Robert R. Slaughter Professor of Law at Yale Law School.
Tuesday, October 18, 2022
Does Campus Diversity Justify Affirmative Action? Our Study Says Yes. — Adam Chilton, Justin Driver, Jonathan Masur and Kyle Rozema A Commentary by
The Washington Post
Justin Driver is the Robert R. Slaughter Professor of Law.
Monday, October 17, 2022
Fencing Can Be Six-Figure Expensive, but It Wins in College Admissions
The New York Times
Robert R. Slaughter Professor of Law Justin Driver comments on whether preferences for athletes in niche sports in Ivy League admissions could be affected by a Supreme Court ruling on affirmative action.
Tuesday, October 4, 2022
Rules of Engagement
The New York Times
Robert R. Slaughter Professor of Law Justin Driver reviews Waging a Good War: A Military History of the Civil Rights Movement, 1954-1968 by Thomas E. Ricks.
Friday, September 30, 2022
You Thought the Supreme Court’s Last Term Was Bad? Brace Yourself.
The Washington Post
Robert R. Slaughter Professor of Law Justin Driver comments in an opinion piece about the upcoming Supreme Court term.
Friday, August 26, 2022
Affirmative Action Was Banned at Two Top Universities. They Say They Need It.
The New York Times
Robert R. Slaughter Professor of Law Justin Driver comments on the impact of ending affirmative action in the California and Michigan university systems.
Thursday, August 11, 2022
‘The Greatest Talker of His Time’
The Atlantic
Robert R. Slaughter Professor of Law Justin Driver reviews Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment by Brad Snyder ’99.
Wednesday, July 13, 2022
Elite Colleges’ Quiet Fight to Favor Alumni Children
The New York Times
Robert R. Slaughter Professor of Law Justin Driver is quoted in regards to the practice of legacy admissions at American universities.
Sunday, July 10, 2022
The New Threat to Good Schooling For Minority Americans
The Washington Post
Robert R. Slaughter Professor of Law Justin Driver’s scholarship is cited in regards to possible legal challenges to Plyler v. Doe, the 1982 case that gave undocumented children access to public schools.
Wednesday, June 15, 2022
First Roe, Then Plyler? The GOP’s 40-Year Fight to Keep Undocumented Kids Out of Public School
Mother Jones
Robert R. Slaughter Professor of Law Justin Driver's book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, is quoted in an article about the case Plyler v. Doe.
Tuesday, May 24, 2022
A Conservative Lawyer’s New Target After Abortion: Affirmative Action
The New York Times
Robert R. Slaughter Professor of Law Justin Driver is quoted about a challenge to affirmative action law in Texas.
Wednesday, May 18, 2022
Does the First Amendment Bar Public Schools from Removing Library Books Based on Their Viewpoints?
Reason
Robert R. Slaughter Professor of Law Justin Driver is quoted about efforts by schools to ban books from school libraries and students’ First Amendment rights.
Wednesday, May 11, 2022
How a 40-Year Old Supreme Court Ruling May Quash the Book Banning Wave
Freedom Forum
Robert R. Slaughter Professor Justin Driver is quoted about recent efforts by schools to ban books from school libraries and students’ First Amendment rights.
Tuesday, May 10, 2022
Leaked Abortion Draft Has Supreme Court Education Cases in Political Cross-Hairs
Education Week
Robert R. Slaughter Professor of Law Justin Driver comments on cases before the Supreme Court that focus on education.
Thursday, May 5, 2022
Texas Governor Ready to Challenge Schooling of Migrant Children
The New York Times
Robert R. Slaughter Professor of Law Justin Driver comments on the signifigance of the1982 court decision that required public schools to educate all children, including undocumented immigrants.
Friday, April 29, 2022
Justin Driver Elected to American Academy of Arts & Sciences
Professor Justin Driver has been elected to the 2022 class of the American Academy of Arts & Sciences.
Wednesday, March 23, 2022
“We’re Going to Be Conservative.” Official Orders Books Removed From Schools, Targeting Titles About Transgender People.
ProPublica
Robert R. Slaughter Professor of Law Justin Driver comments in an investigative report about the legality of efforts to remove books about LGBTQ people from school libraries in Texas.
Tuesday, March 15, 2022
Ginni Thomas’ Revelation She Went to Jan. 6 Rally Puts Squishy Supreme Court Rules in Spotlight
USA Today
Robert R. Slaughter Professor of Law Justin Driver comments on the recusal of Supreme Court justices.
Thursday, March 3, 2022
Prisoner Rights Weakened by ‘Incoherence’ of Prison Law: Paper
The Crime Report
Scholarship by Robert R. Slaughter Professor of Law Justin Driver is the subject of an article.
Friday, February 25, 2022
Judge Strikes Down Elite Virginia High School’s Admissions Rules
The New York Times
Robert R. Slaughter Professor of Law Justin Driver is quoted about a Virginia court decision that overturned a high school’s admissions process as being discriminatory to Asian Americans.
Wednesday, February 16, 2022
Conservatives Open New Front in Elite School Admission Wars
The New York Times
Robert R. Slaughter Professor of Law Justin Driver is quoted about court challenges to the admissions process in public high schools.
Wednesday, February 16, 2022
The Cancel Culture of the Right
The Hill
Robert R. Slaughter Professor of Law Justin Driver’s book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, is mentioned in a commentary.
Monday, January 24, 2022
Supreme Court Will Hear Challenge to Affirmative Action at Harvard and U.N.C.
The New York Times
Robert R. Slaughter Professor of Law Justin Driver is quoted about a case challenging affirmative action programs that will be heard by the Supreme Court this fall.
Wednesday, December 15, 2021
Yanking Books From School Libraries: What the Supreme Court Has Said, and Why It’s Murky
EducationWeek
Robert R. Slaughter Professor of Law Justin Driver is quoted about the legalities of banning books from school libraries.
Thursday, November 11, 2021
The Supreme Court Tactic That Aims to Kill Affirmative Action
The New York Times
Robert R. Slaughter Professor of Law Justin Driver comments on the effort by two groups to have the Supreme Court hear their challenge to affirmative action admissions practices at two universities.
Sunday, October 31, 2021
The Supreme Court Case That Created the ‘Dreamer’ Narrative
Politico
Robert R. Slaughter Professor of Law Justin Driver discusses the impact of the 1982 case Pyler v. Doe on so-called ‘Dreamers’ and their families.
Wednesday, June 30, 2021
Schools Weigh Discipline After Supreme Court Ruling on Student Speech
The Wall Street Journal
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
The Washington Post
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
Slate
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
The New York Times
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
The New York Times
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?
WHYY
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
Forbes
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
The New York Times
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
ABA Journal
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
The Washington Post
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’
Forbes
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
The Times (UK)
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
The Washington Post
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
Education Next
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
Education Week
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
The New York Times
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
The Washington Post
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
The New York Times
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?
The Washington Post
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
Diverse Issues in Higher Education
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
The New York Times
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
The New York Times
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
Chalkbeat
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
The Takeaway
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
The New York Times
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
Education Week
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
Open Mind / PBS
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
Time
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
Chalkbeat
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.