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Mary L. Dudziak

books and selected works
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War Time
Exporting American Dreams
Cold War Civil Rights
September 11 in History
Legal Borderlands
Articles and Essays
Selected Articles and Essays

On war

"Law, War, and the History of Time," 98 California Law Review 1669 (2010).

"Making Law, Making War, Making America," in Christopher Tomlins and Michael Grossberg, eds., The Cambridge History of Law in America (Cambridge University Press,forthcoming 2008).

On Civil Rights and Foreign Affairs

The Case of ‘Death for a Dollar-Ninety-Five’: Miscarriages of Justice and Constructions of American Identity," in Charles Ogletree and Austin Sarat, eds., Making Sense of Miscarriages of Justice (New York University Press, 2010).

"The 1963 March on Washington, At Home and Abroad," Revue Franaise d'tudes Americaines (special issue on Foreign Policy and Civil Society)(March 2006).

Discrimination and Diplomacy: Recovering the Fuller National Stake in 1960s Civil Rights Reform," in Rights and Realities: Legal and Social Scientific Approaches to Employment Discrimination (Laura Beth Nielsen and Robert Nelson, eds.) (Kluwer Academic Publishing, 2005). 

"Brown as a Cold War Case," 91 Journal of American History 32 (June 2004).

"Birmingham, Addis Ababa and the Image of America: International Influence on U.S. Civil Rights Policy during the Kennedy Years," in Brenda Gayle Plummer, ed., Window on Freedom: Race, Civil Rights and Foreign Affairs, 1945-1988 (University of North Carolina Press, 2003).

"The Little Rock Crisis and Foreign Affairs: Race, Resistance and the Image of American Democracy," 70 Southern California Law Review 1641 (1997).

"Josephine Baker, Racial Protest and the Cold War," 81 Journal of American History 543 (1994), reprinted in Michael L. Krenn, ed., The African American Voice in U.S. Foreign Policy since World War II (Garland Press, 1998), and Adrien K. Wing, ed., Critical Race Feminism: Global Issues (New York University Press, 2000).

"Desegregation as a Cold War Imperative," 41 Stanford Law Review 61 (1988), reprinted in Richard Delgado, ed., Critical Race Theory: The Cutting Edge (1995) and Michael L. Krenn, ed., Race and U.S. Foreign Policy during the Cold War (Garland Press, 1998).



Other works in Legal History

A Sword and a Shield: The Uses of Law in the Bush Administration,” in The Presidency of George W. Bush: A First Historical Assessment, Julian Zelizer, ed. (Princeton University Press, 2010).

"Who Cares about Courts? Creating a Constituency for Judicial Independence in Africa: A Review of Jennifer Widner, Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa (2001)," 101 Michigan Law Review 1622 (2003) (review essay).


"The Politics of ‘The Least Dangerous Branch’: The Court, the Constitution and Constitutional Politics Since 1945," in Jean-Christophe Agnew and Roy Rosenzweig, eds., A Companion to Post-1945 America (Blackwell Press, 2002).


"Just Say No: Birth Control in the Connecticut Supreme Court Before Griswold v. Connecticut," in P. Finkelman and S. Gottlieb, eds., Toward a Usable Past: Liberty Under State Constitutions (Georgia University Press 1991), reprinted 75 Iowa Law Review 915 (1990).

"Oliver Wendell Holmes as a Eugenic Reformer: Rhetoric in the Writing of Constitutional Law," 71 Iowa Law Review 833 (1986).


For more downloadable articles and essays, see SSRN page.
For a full list of publications, see curriculum vita.

On Thurgood Marshall

Thurgood Marshall’s Bill of Rights for Kenya,” 11 Green Bag 2d 307 (Spring 2008).

"Working Toward Democracy: Thurgood Marshall and the Constitution of Kenya," 56 Duke Law Journal 721 (December, 2006). 

"A Bill of Rights for Kenya:  Marshall's Role," in Justice for All: The Legacy of Thurgood Marshall (U.S. State Department on-line publication).

Other works in Civil Rights History

"Law and Social Context in Civil Rights History," Review essay, Michael J. Klarman, From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (Oxford University Press, 2004), 72 Chicago Law Review 429 (Winter 2005).

"The Supreme Court and Racial Equality During World War II," 1996 Journal of Supreme Court History 35.

"The Limits of Good Faith: Desegregation in Topeka, Kansas, 1950-1956," 5 Law and History Review 351 (1987), reprinted in Rita G. Napier, ed., Kansas and the West: New Perspectives (University Press of Kansas, 2003).

On Archival Research

"On Using U.S. Diplomatic Records for Research on African Constitutions: A Guide to the Archives," Newsletter of the Africa Section of the Association of American Law Schools (2002).

Other Works

"Interchange: History in Professional Schools," Journal of American History (September 2005)(roundtable conversation on the nature of historical research and teaching in professional schools).

Selected Op-eds and Short Essays

The Global Impact of Brown v. Board of Education:  Use of the ruling in Cold War foreign relations,” SCOTUS Blog, Feb. 18, 2010.

What a Constitutional Crisis Looks Like (Balkinization, January 8, 2008)
Hurricane Damage (Boston Globe, Sept. 2005)

Finding the Words,” USC Faculty Footnotes (2004).

The demise -- and possible revival -- of Roe vs. Wade (San Francisco Chronicle, Dec. 2004)
The Supreme Court's History of Indifference to the Opinions of Other Countries' Courts (History News Network, Sept. 2003)
LOOKING INSIDE: Even Two Years Later, Memories Are Changing (Newsday, Sept. 2003)
The Duty of the Living (USC Law, 2002)

"America the Beautiful" (San Francisco Chronicle, Sept. 14, 2001)
Allen Iverson and Urban Community (Los Angeles Times, June 9, 2001)