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Vincent J. Samar |
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Vincent J. Samar |
EDUCATION
L.L.M., Harvard Law School, 2005. PAPER: “Justifying the Use of International Human Rights Principles in American Constitutional Law.” Advisor: Martha Minow.
Ph.D., Philosophy, University of Chicago, 1986. Dissertation: “The Legal Right to Privacy: A Philosophical Inquiry.” Committee: Alan Gewirth (Chair), Cass Sunstein, and Russell Hardin.
J.D., Syracuse University, 1978. Notes and Comments Editor, Syracuse University Journal of International Law and Commerce (1977-78).
M.P.A. (joint with Law), Syracuse University, 1978.
A.B., cum laude, Major: Political Science, Syracuse University, 1975.
AREAS OF SPECIALIZATION: Philosophy of Law, Human Rights, International Law, Constitutional Law, Social and Political Philosophy, Ethical Theory, Applied Ethics, Sexual Orientation and the Law
AREAS OF COMPETENCE: Informal Logic; Symbolic Logic; History of Modern Philosophy; Issues of Race and Class
2023: Advanced Lecturer in Philosophy, Loyola University Chicago.
2018: Associate Graduate Faculty Member, Graduate School, Loyola University Chicago.
2018: Adjunct Law Faculty, Loyola University Chicago Law School.
2016-23: Lecturer in Philosophy, Loyola University Chicago.
2008-09: Adjunct Professor of Political Science, Loyola University Chicago.
2003: Adjunct Professor of Criminal Justice, St. Xavier University (single semester replacement).
2000-2016: Adjunct Professor of Philosophy, Oakton Community College.
1990-2016: Adjunct Professor of Law, IIT Chicago/Kent College of Law.
1990-2016: Adjunct Professor of Philosophy, Loyola University.
1989-90: Visiting Assistant Professor of Philosophy, Loyola University Chicago.
1984-89: Part-time Lecturer in Philosophy, Loyola University Chicago.
1982-84: Part-time Lecturer in Philosophy, St. Xavier College, Roosevelt University.
COURSES TAUGHT
Graduate / Undergraduate
Seminar: Privacy Rights and Justice; Philosophy of Law; Political Philosophy; Classical Modern; International Law; Sexual Orientation and the Law.
Publications
BOOKS AUTHORED
Justifying Judgment: Practicing Law and Philosophy. Lawrence: University Press of Kansas, 1998. xvii + 307.
Reviews: Ethics: An International Journal of Political and Legal Philosophy 112.1 (October 2001); Business Ethics Quarterly 10.3 (July 2000): 761-67; Harvard Law Review 112 (1998): 588; Law and Social Inquiry 23 (1998): 734; Choice 36.1 (1998): 605; National Law Journal (August 3, 1998): A26; Law and Politics Book Review 8.5 (May 1998): 247-49 with author response 8.6 (June 1998): 287-8 (www.unt.edu/lpbr/subpages/newrevs/samar.htm).
The Right to Privacy: Gays, Lesbians, and the Constitution. Philadelphia: Temple University Press, 1991. xiv + 254.
Reviews: Reader’s Guide to Lesbian and Gay Studies, ed. Timothy Murphy (Fitzroy- Dearborn Publishers, 2000), 205-206, 470-72, and 562-63; Sarah Slavin, Women and Politics 19.3 (1998): 111-15; David A. J. Richards, Ethics 103.3 (1993): 615; Boston College Third World Law Journal 13 (1993): 382-91; American Political Science Review 87 (1993): 222-23; Privacy Journal (June 1993): 7; Lambda Book Report 3 (July 1992): 47; Choice 29 (1991): 668; The Advocate (September 24, 1991): 95.
BOOK EDITED
The Gay Rights Movement. New York Times, Twentieth Century in Review. Introd. Andrew Sullivan. Chicago: Fitzroy-Dearborn, 2001. xvi + 590.
BOOK CHAPTERS
“A Gewirthian Framework for Protecting the Basic Human Rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) People.” Gewirthian Perspectives on Human Rights. Ed. Per Bauhn. London, England: Routledge, 2016. 157-73.
“A Moral Justification for Gay and Lesbian Civil Rights Legislation.” Gay Ethics: Controversies in Outing, Civil Rights, and Sexual Science. Ed. Timothy F. Murphy. New York: Haworth, 1994, 147-78. Rept. Again in part Sex, Morality, and the Law. Ed. Lori Gruen and George E. Panichas. New York: Routledge, 1997. 64-74.
“AIDS and the Politician’s Right to Privacy.” AIDS: Crisis in Professional Ethics. Ed. D. Cohen and Michael Davis. Philadelphia: Temple University Press, 1994. 229-51.
ARTICLES
"Conceptual Schemes/Frameworks and Their Relation to Law: A New Argument for Separation of Church and State," Cardozo Journal of Equal Rights and Social Justice 30.2(2024):379-424.
"Major Questions Doctrine: Real or Fantasy? Capital University Law School 52.1(2024):1-38.
“Limiting Fundamental Rights to Only Those Founded Upon Longstanding History and Tradition Undermines the Court’s Legitimacy and Disavows Individual Human Dignity,” Connecticut Public Interest Law Journal 22(2023):1-54.
“Finding the Correct Balance Between the Free Exercise of Religion and the Establishment Clauses,” First Amendment Law Review 21(2023):109-66.
“Rule of Law and International Human Rights,” Cardozo International and Comparative Law Review 5(2022):569-625.
“Identifying Superprecedents in an Era of Human Rights,” Pace Law Review 41(2021):1-55.
“Cyber-Security, Privacy and the Covid-19 Attenuation?” Notre Dame Journal of Legislation 47(2021):1-38.
“Rethinking Constitutional Interpretation to Affirm Human Rights and Dignity,” Hastings Constitutional Law Quarterly 47(2019):83-147.
“Why President Trump’s Claim He Can Do Away with Natural Born Citizenship is False!” Annals of Social Sciences Management Studies 2019; 2(5):555598.
“At the Intersection of Due Process and Equal Protection: Expanding the Range of Protected Interests,” Catholic University Law Review 68(2019): 87-136.
“Personhood Under the Fourteenth Amendment,” Marquette Law Review 101(2017):287-331.
“The Right to Privacy and the Right to Use the Bathroom Consistent with One’s Gender Identity,” Duke Journal of Gender Law and Policy 32(2016):31-57.
“Politicizing the Supreme Court,” Southern Illinois University Law Journal 41(2016):1-28.
“The First Amendment and the Claim that Muslim Emigrants Be Denied Entrance into the United States,” Emory International Law Review Recent Developments (online)30(2016):2092, http://law.emory.edu/eilr/recent-developments/volume-30/first-amendment-muslim-emigrants-denied-entrance-united-states.html.
“Toward a New Separation of Church and State: Implications for Analogies to Last Year’s Supreme Court Decision in Hobby Lobby by this Year’s Decision in Obergefell v. Hodges.” Boston College Journal of Law and Social Justice 36(2016):1-31.
“Interpreting Hobby Lobby to Not Harm LGBT Civil Rights.” South Dakota Law Review 60(2015):457-73.
“The Potential Impact of Hobby Lobby on LGBT Civil Rights?” The Georgetown Journal of Gender and the Law 16(2015):547-591.
“ Religion / State: Where the Separation Lies.” Northern Illinois University Law Review 33(2013):1-64.
“A Preface to World Government: A Comparison of the Current State of International Governance with the State of Governance that Followed Adoption of the American Articles of Confederation.” Connecticut Journal of International Law 27(2011):1-37.
“The Analytic Aposteriori and a New Understanding of Substantive Due Process that Is Exhibited in the Lives of Those Seeking to Marry Someone of the Same Sex.” St. Louis University Public Law Review 30(2011):377-408.
“Two Understandings of Supremacy: An Essay.” Richmond Journal of Global Law and Business Studies 9(2010):339-80.
“The Treaty Power and the Supremacy Clause: Rethinking Reid v. Covert in a Global Context.” Ohio-Northern Law Review 36(2010):287-357.
“Can a Constitutional Amendment Be Unconstitutional?” Oklahoma City Law Review 33(2009):668-748.
“Abortion: The Persistent Debate and its Implications for Stem Cell Research.” Journal of Law and Family Studies 11(2009):133-55.
“The First Amendment and the Mind/Body Problem.” Suffolk University Law Review 41(2008):521-59.
“Throwing Down the International Gauntlet: Same-Sex Marriage as a Human Right.” Cardozo Public Law, Policy and Ethics Journal 6(2007):1-55.
“Privacy and Same-Sex Marriage: The Case for Treating Same-Sex Marriage as a Human Right.” Montana Law Review 68(2007):335-61.
"Bowers v. Hardwick" and " Lawrence v. Texas." In Encyclopedia of Privacy edited by William G. Staples. Westport, CT: Greenwood Publishers, 2007.
“Justifying the Use of International Human Rights Principles in American Constitutional Law.” Columbia Human Rights Law Review 37(2005):1-100.
“Privacy and its Relationship to the Debate Over Same-Sex Marriage Versus Unions.” Symposium on “Privacy and Identity: Constructing, Maintaining and Protecting Personhood.” DePaul Law Review 54.3(2005): 783-804.
“Same-Sex Marriage: The Difficult Road Ahead,” Journal of GLBT Family Studies 1.2 (2005): 137-41.
“Bowers, Lawrence and Same-Sex Marriage: The Problem of Hard and Very Hard Cases.” St. Louis University Public Law Review 24 (2005): 89-112.
“Autonomy, Gay Rights, and Human Self-Fulfillment: An Argument for a Modified Liberalism in Public Education.” William and Mary Journal of Women and the Law 10.2 (2004): 137-93, revised and reprinted in Queer PhilosophyPresentations of the Society for Lesbian and Gay Philosophy, 1998-2008, part of the Value Inquiry Book Series published Editions Rodopi, eds. Raja Halwani, et al (2012). For an thoughtfully interesting reply to this work, see D. Seipel, “ A Response to Vincent J. Samar’s ‘Autonomy, Gay Rights, and Human Self-Fulfillment: An Argument for a Modified Liberalism in Public Education’,” presented at the Society for Lesbian and Gay Philosophy Eastern Division of the American Philosophical Association, Atlanta GA, December 28. 2001.
http://dseiple.com/DSeiple%20Writings/Samar%20response.htm
“Gay Rights as a Particular Instantiation of Human Rights.” Albany Law Review 64.3 (2001): 983-1030. Nominated for the 2002 American Philosophical Association Berger Award. Rept. in part in Privacy Law: Cases and Materials. Ed. Richard C. Turkington, Anita L. Allen-Castellitto. St. Paul, MN: West Group, 2002, 142-44.
“Is the Right to Die Dead?” DePaul Law Review 50.1 (2000): 221-64.
“Social, Cultural, and Philosophical Issues.” University of Chicago Law School Roundtable 7 (2000): 5-9 and Q & A: 20-33.
“Law: Criminal.” Reader’s Guide to Lesbian and Gay Studies. Ed. T. Murphy. Chicago: Fitzroy-Dearborn, 2000. 340-41.
“A Moral Justification for Gay and Lesbian Civil Rights Legislation.” Journal of Homosexuality 27.3-4 (1994): 147-78. Rept. in Gay Ethics: Controversies in Outing, Civil Rights, and Sexual Science. Ed. Timothy F. Murphy. New York: Haworth, 1994, 147-78. Rept. again in part in Sex, Morality, and the Law. Ed. Lori Gruen and George E. Panichas. New York: Routledge, 1997. 64-74.
“Privacy and AIDS.” HIV/AIDS Symposium. University of West Los Angeles Law Review 22.1 (1991): 1-17.
REVIEW ARTICLES
“Alan Gewirth, Self-Fulfillment.” Business Ethics Quarterly 10.3 (2000): 743-59.
“Positive Rights and the Problems of Social Justice: Alan Gewirth, Community of Rights.” Business Ethics Quarterly 9.2 (1999): 361-75.
“Just Society: John Rawls, Political Liberalism.” Business Ethics Quarterly 5.3 (1995): 629-45.
“Judith Jarvis Thomson, The Realm of Rights.” Business Ethics Quarterly 2.4 (1992): 505-17.
PAPERS GIVEN
“Legal and Ethical Implications Religious Freedom of the Supreme Court’s Ruling on Same-Sex Marriage.” Oakton Community College, DesPlaines, IL. November 30, 2015.
“Privacy and Same-Sex Marriage: The Case for Treating Same-Sex Marriage as a Human Right.” Montana Law Review, Missoula, MT. October 13, 2006.
“Response to Prof.s Reidy and Baehr’s Papers on Hate Crimes Legislation.” Eastern Division of the American Philosophical Association. Boston, MA. December 29, 2004.
“Autonomy, Gay Rights, and Human Self-Fulfillment: An Argument for Modified Liberalism in Public Education.” Gay and Lesbian Group Meeting at the Eastern Division of the American Philosophical Association. Philadelphia, PA. December 28, 2001. This paper will also be delivered at a symposium on "Promoting the Best Interests of Parent-Deprived Children Growing Up In A World of Diversity" that will be held at the J. Reuben Clark Law School of Brigham Young University on Friday, October 8, 2004.
“Privacy and its Relationship to the Debate Over Same-Sex Marriage Versus Unions.” Invited participant, symposium on “Privacy and Identity: Constructing, Maintaining and Protecting Personhood.” DePaul Law Review. Chicago, March 13, 2004.
“Gay Rights as a Particular Instantiation of Human Rights.” Invited participant, symposium on “Sexual Orientation: Family and the Political Landscape for Lesbian, Gay, Bisexual, Transgendered, Transsexual People.” Albany Law School. October 19, 2000.
“Social, Cultural and Philosophical Issues.” Invited participant, symposium, “Should Government Recognize Same-Sex Marriage?” University of Chicago. October 22, 1999.
Justifying Judgment. Invited participant, Gay and Lesbian Committee of the Chicago Bar Association. May 28 1998.
Privacy, Sodomy, and Society’s Political Morality. Invited participant, International Interdisciplinary Conference on Sex, Law, and Society. John Marshall Law School. March 15, 1996.
“The Right to Privacy.” Invited presentation, Grinnell College, Grinnell, IA, April 1993.
“Hate Crimes and Pornography: A Liberal Approach.” Invited participant, “Devil's Advocate Society,” IIT Chicago/Kent College of Law. November 1992.
“Privacy and the Workplace: Theoretical Considerations.” Invited participant, “Midwest Academy of Legal Studies in Business, a subgroup of The Midwest Business Administration Association,” Chicago, IL. March 1992.
JOURNALISM AND NEWSPAPER ARTICLES
Ellyn Fortino, “SCOTUS Same-Sex Ruling a Victory, But Fight for Full Equality Conyinues,” Progress Illinois, June 26, 2015,
http://www.progressillinois.com/posts/content/2015/06/26/after-scotus-gay-marriage-ruling-lgbt-advocates-say-fight-full-equality
Ellyn Fortino, With SCOTUS Marriage Equality Ruling On the Horizon, Experts Analyze Possible Outcomes,” Progress Illinois June 4, 2015,
http://www.progressillinois.com/posts/content/2015/06/03/experts-discuss-possible-outcomes-supreme-court-gay-marriage-case
“Possible Political Implications of Pope’s Statement on Gay People,” Viewpoints, Windy City Times, (August 7, 2013): 20.
“Views on Supreme Court’s Same-Sex Marriage Decisions,” Special to the Online Edition of Windy City Times, July 2, 2013,
http://www.windycitymediagroup.com/lgbt/VIEWS-On-Supreme-Courts-same-sex-marriage-decisions/43544.html.
“Failed Ideas We Can’t Afford” Letters to the Editor, New York Times on-line (August 17, 2012). A print version of this letter appeared in the International Herald Tribune (August 18, 2012).
Recent interviews on local topics involving proposals for domestic partnership recognition by the Orlando Weekly and Cleveland’s Plain Dealer.
“The Supremes & Gay Rights: A Closer Look at Lawrence v. Texas.” In These Times (August 11, 2003): 17-18.
“The Court Takes on Gay Rights.” Viewpoint, In These Times (May 9, 2003): 11.
“Kramer Misses the Point on Philadelphia” (with Howard Kaplan). Editorial, Windy City Times, (February 10, 1994): 12.
“Buchanan Piece on AIDS Wrong in Fact and Logic.” Editorial, Chicago Sun-Times, (December 16, 1987): 36.
Podcasts
Dialogue #11: Sam-Sex Marriage, Conceptualizing Obergefell (with Professor Vincent Samar).” November 13, 2018.
https://soundcloud.com/dialogue-de-novo/dialogue-10-same-sex-marriage-conceptualizingobergefell-with-professor-vincent-samar
“Conceptual Schemes/Frameworks and Their Relation to Law: A New Argument for Separation of Church and State,” 15th Annual Constitutional Law Colloquium, Loyola University Chicago, Law School, and Florida State University, School of Law, November 15, 2024.
“Finding the Correct Balance Between the Free Exercise of Religion and the Establishment Clauses,” 14th Annual Constitutional Law Colloquium, Loyola University Chicago, Law School, November 10, 2023.
“Limiting Fundamental Rights to Only Those Possessing a Long-Standing History and Tradition Undermines the Court’s Legitimacy and Disavows Individual Human Dignity,” 13th Annual Constitutional Law Colloquium, Loyola University Chicago, Law School, November 4, 2022.
"Identifying Super-Precedents in an Era of Human Rights,” 12th Annual Constitutional Law Colloquium, Loyola University of Chicago, Law School, and George Washington University, Law School, November 12, 2021
“Rule of Law and International Human Rights,” Loyola Rule of Law Institute, October 18, 2021.
“Cyber-Security, Privacy and the Covid-19 Attenuation?” 11th Annual Constitutional Law Colloquium, online, Loyola University of Chicago, Law School, November 7, 2020
““Why Law School”, Loyola Pre-Law Society. November 16, 2019.
“Personhood Under the Fourteenth Amendment.” 8th Annual Constitutional Law Colloquium, Loyola University of Chicago, Law School, November 3, 2017.
“Symposium on Same-Sex Marriage.” University of Chicago Law School Roundtable, October 22, 1999.
“Lavender Law Conference.” National Lesbian and Gay Law Association, Chicago, October 1992.
“Privacy.” Loyola University Chicago Law School and Communications Department, September 1988.
Media Participation
Interview on “Supreme Court Justices Divided on Same-Sex Marriage Cases,” CLTV Politics Tonight, April 28, 2015.
Interviewed regarding “Don’t Ask/Don’t Tell,” Cliff Kelly Show, WVON, Chicago, October 19, 2010.
Invited discussant on “Gay Marriage,” Jerry Bowyer Talk Show, WPTT, Pittsburgh, August 26, 2003.
Invited discussant on “Gay Marriage,” The Newshour with Jim Lehrer, PBS-TV, July 31, 2003.
Interviewed regarding Lawrence v. Texas, on WBBM-TV, Chicago. June 24, 2003.
Testimony Provided to Legislative Authorities
Chicago City Council, Human Relations Committee in support of the Equal Access Amendment to the Human Rights Ordinance to prohibit requiring a government ID to use bathroom and changing rooms. June 8, 2016.
Manuscripts Reviewed
Business Ethics Quarterly, Policy Studies Journal, Peter Lang Publishing, New York.
Notes & Comments Editor, Syracuse Journal of International Law and Commerce (1977-78)
Bar Admissions
United States Supreme Court, 6/10/2019.
U.S. District Court, Northern District of Illinois, 12/21/1983.
U.S. Court of Appeals for the 7th Circuit, 12/2/1983.
Illinois State Bar, 11/9/1983.
U.S. District Court, Northern District of New Yory, 5/12/1980.
New York State Bar, 2/12/1980.
Professional Employment
Law Practice
1986-10: Part-time private practice, Chicago. This includes, most recently, the general practice of law. Engaged previously in motion practice and was counsel in bench and jury trials; additionally, conducted federal civil rights research and assisted in the preparation of appellate briefs for local attorney as an independent contractor.
1986: Law Clerk, Burke, Griffin, Chomicz & Wienkie, Chicago.
1985-86: Law Clerk, Coffield, Ungaretti, Harris & Slavin, Chicago.
1983-85:Law Clerk, Foss, Schuman, Drake & Barnard, Chicago (research assistant to Richard S. Kuhlman on two books on transportation negligence and other matters).
1980-84: Misc. Clerkships, Chicago.
1977: Summer Law Clerk to the Corporation Counsel, City of Syracuse.
University Service
2021-: Pre-Law Society Advisor. In this capacity gave talks to student meetings on Why Law School, along with getting accepted and planning for a future legal career.
Community Service
2008-: Community Advisory Board, Multicenter AIDS Cohort Study or MACS, originally Howard Brown, now Northwestern University.
Memberships
Board Member & Secretary, Park Edgewater Condominium Association (Nov. 2017-Nov. 2019).
Board Member, Illinois Chapter, ACLU (1995-97).
LGBT Civil Rights and AIDS Civil Liberties Committee of ACLU (1997-01).
Board Member, Dignity Chicago (LGBT Catholic Group for Change) (1988-89).
Phi Alpha Delta Law Fraternity (1975).
Beta Theta Pi Social Fraternity (1974).
Past Member of American Philosophical Association.
Lambda Legal (ongoing).
Human Rights Campaign (ongoing since 2008).
Equality Illinois (ongoing).
Miscellaneous
Candidate for 46th Ward Alderman, City of Chicago, 1991.
Instructor of Ballroom Dance in Physical Education Department, University of Chicago, 1979-.