Raymond & Miriam Ehrlich Eminent Scholar Chair
Professor of Law
Associate Dean for Faculty Development
Abortion and Reproductive Rights • Affirmative Action • Bill of Rights • Citizenship • Civil Rights • Constitutional Law • Executive Powers • Federal Courts • Fifteenth Amendment • Fourteenth Amendment • Gay Rights • LGBT Issues • Presidential Powers • Section 1983 Suits • Sexual Harassment • Sexual Orientation • Transgender Rights • Voting Rights •
Professor Darren Hutchinson currently holds the prestigious Raymond & Miriam Ehrlich Eminent Scholar Chair at the Levin College of Law. He has written extensively on issues related to Constitutional Law, Critical Race Theory, Law and Sexuality, and Social Identity Theory. His numerous publications have appeared in many prestigious journals including the Cornell Law Review, the Washington University Law Review, the UCLA Law Review, the Alabama Law Review, the Illinois Law Review, the Tulane Law Review, the Michigan Journal of Race and Law, the University of Pennsylvania Journal of Constitutional Law, and the Journal of Law and Inequality. At the University of Florida Levin College of Law, Professor Hutchinson teaches Constitutional Law, Remedies, Race and the Law, and Civil Rights Seminar. He received a B.A. from the University of Pennsylvania and a J.D. from Yale Law School.
Before joining the Levin College of Law faculty, Professor Hutchinson was an Associate Professor at Southern Methodist University School of Law and a Professor at American University, Washington College of Law.
Prior to his career in teaching law, Professor Hutchinson practiced commercial litigation at Cleary, Gottlieb, Steen and Hamilton in New York City. He also clerked for the late Honorable Mary Johnson Lowe, a former United States District Judge in the Southern District of New York.
Professor Hutchinson has delivered lectures at numerous universities, including Yale, Stanford, Columbia, the University of Pennsylvania, the University of Michigan, the University of California at Berkeley, the University of Virginia, Cornell, Georgetown, and Boston University. During the fall of 1999, Professor Hutchinson was a Visiting Scholar at Yale Law School, and during the Spring of 2002 he was a Visiting Professor at the University of Pennsylvania Law School.
Professor Hutchinson also authors Dissenting Justice — a blog related to law and politics. This blog is also available and more active on Facebook. The content of these blogs do not reflect the views of the University of Florida or the State of Florida; the blog receives no funding from the State of Florida.
Yale Law School, Juris Doctor
University of Pennsylvania, Bachelor of Arts and Sciences
Teaching and Research
Constitutional Law, Remedies, Civil Rights Seminar, Race and the Law
- Introduction to United States Constitutional Law. Topics include judicial enforcement of the Constitution to preserve individual liberties; judicial review; separation of powers; structure and powers of the federal government; and federalism.
- This course provides students with an introduction to the law of remedies. It emphasizes the important interrelationship between rights and remedies and the remedial consequences of framing a cause of action. Effective litigators need to understand the types of remedies that are available to their clients and how to seek them. It considers five primary topics: injunctions, damages, restitution, declaratory judgments, and contempt.
- This course will examine issues related to the recognition and enforcement of individual rights – both constitutional and statutory. The course readings will center on issues such as racial justice, LGBT rights, feminism, poverty, civil rights and constitutional litigation, enforcement of civil rights by states, and protection of rights by Congress and federal courts.
- Who Locked Us Up: Examining the Social Meaning of Black Punitiveness, 127 Yale Law Journal 2388-2447 (2018) [SSRN]
- Undignified: The Supreme Court, Racial Justice, and Dignity Claims, 69 Florida Law Review 1-62 (2017) [SSRN]
- Preventing Balkanization or Facilitating Racial Domination: A Critique of the New Equal Protection, 22 Va. J. Soc. Pol’y & L. 1 (2015) [SSRN]
- ’Continually Reminded of Their Inferior Position’: Social Dominance, Implicit Bias, Criminality, and Race,” 46 Wash. U. J.L. & Pol’y 23 (2014) [SSRN]
- “Not Without Political Power”: Gays and Lesbians, Equal Protection, and the Suspect Class Doctrine, 65 Ala. L. Rev. 975 (2014) [SSRN]
- Resistance in the Afterlife of Identity, in Transcending The Boundaries of Law: Generations of Feminism and Legal Theory 176-191 (Martha Fineman ed., Routledge Press 2010)
- Social Movements and Judging: An Essay on Institutional Reform Litigation and Desegregation in Dallas, Texas, 62 SMU L. Rev. 1635-56 (2009) [SSRN]
- Racial Exhaustion, 86 Wash. U. L. Rev. 917-74 (2009) [SSRN]
- Sexual Politics and Social Change, 41 Conn. L. Rev. 1523-46 (2009) [SSRN]
- Reparations: A Remedies Law Perspective, 56 Am. U. L. Rev. 1402-1406 (2007)
- By a Thread: Majority Politics and Race-Based Remedies, 50 How. L.J. 827-840 (2007)
- The Majoritarian Difficulty: Affirmative Action, Sodomy, and Supreme Court Politics, 23 Law & Ineq. 1-93 (2005) [SSRN]
- Critical Race Histories: In and Out, 54 Am. U. L. Rev. (2004) [SSRN]
- Unexplainable on Grounds Other Than Race: The Inversion of Privilege and Subordination in Equal Protection Jurisprudence, 2003 Ill. L. Rev. 615-700 [SSRN]
- New Complexity Theories: From Theoretical Innovation to Doctrinal Reform, 71 UMKC L. Rev. 431-45 (2003) [SSRN]
- Factless Jurisprudence, 3 Colum. Hum. Rts. L. Rev. 615-33 (2003) [SSRN]
- Dissecting Judicial Bias: The Need for a Structural Analysis, Am. J. Gender Soc. Pol’y & L. 13-24 (2002) [SSRN]
- Progressive Race Blindness?: Individual Identity, Group Politics, and Reform, 49 UCLA L. Rev. 1455-1480 (2002) [SSRN]
- Closet Case: Boy Scouts of America v. Dale and the Reinforcement of Gay, Lesbian, Bisexual, and Transgender Invisibility, 76 Tul. L. Rev. 81-148 (2001) [SSRN]
- Identity Crisis: Intersectionality, Multidimensionality, and the Development of An Adequate Theory of Subordination, 6 Mich. J. Race & L. 285-317 (2001) [SSRN]
- Gay Rights for Gay Whites?: Race, Sexual Identity, and Equal Protection Discourse, 85 Cornell L. Rev. 1358-1391 (2000) [SSRN]
- “Beyond the Rhetoric of ‘Dirty Laundry’: Examining the Value of Internal Criticism Within Progressive Social Movements and Oppressed Communities,” 5 Mich. J. Race & L. 185-99 (1999)
- Ignoring the Sexualization of Race: Heteronormativity, Critical Race Theory, and Anti-Racist Politics, 47 Buff. L. Rev. 1-116 (1999) [SSRN]
- Accommodating Outness: Hurley, Free Speech, and Gay and Lesbian Equality, 1 U. Pa. J. Const. L. 85-126 (1998) [SSRN]
- Out Yet Unseen: A Racial Critique of Gay and Lesbian Legal Theory and Political Discourse, 29 Conn. L. Rev. 561-645 (1997)
- Op-Ed, There’s Never Been a Better Time for Bail Reform, Washington Post, Jul. 20, 2015 [Link]