Mark D. Rosen

Professor Mark D. Rosen
University Distinguished Professor
Professor of Law
565 W. Adams St., Room 751
Chicago, IL 60661


  • J.D., Harvard Law School
  • B.A., Yale University


Professor Rosen joined IIT Chicago-Kent in the fall of 1999, and was a Visiting Professor at the University of Minnesota Law School in 2005-06. One of Professor Rosen's articles received the 2006 Outstanding Scholarly Paper Award from the Association of American Law Schools. He has a B.A. in economics and political science from Yale College and a J.D. from Harvard Law School, where he was articles editor of the Harvard Law Review. From 1988 to 1991, he studied Talmudic and comparative law at Shapell's University in Israel.

Prior to joining the IIT Chicago-Kent faculty, Professor Rosen was a Bigelow Fellow and lecturer in law at the University of Chicago Law School. From 1994 to 1997, he was an attorney at the law firm of Foley, Hoag & Eliot in Boston, where he focused on complex federal court litigation. Professor Rosen's scholarly interests include constitutional law, state and local government, civil procedure, conflicts of law, election law, federal courts, and Federal Indian law. He has published in the Harvard Law Review, the University of Pennsylvania Law Review (twice), the California Law Review, the Virginia Law Review, the Texas Law Review, the Minnesota Law Review (four times), the University of Chicago Law Review, the William and Mary Law Review (four times), the Wisconsin Law Review, the Chicago-Kent Law Review, the Emory Law Journal, the Journal of Law and Politics, Constitutional Commentary, and the Journal of Contemporary Legal Issues, among others. He teaches constitutional law, civil procedure, state and local government law, Federal Indian Law, conflicts of law, and contracts.

Selected Publications


Choice-of-Law as Non-Constitutional Federal Law, 99 Minnesota Law Review 1017 (2015).

Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case, 61 UCLA Law Review 66 (2013) (with Christopher W. Schmidt).

The Structural Constitutional Principle of Republican Legitimacy, 54 William and Mary Law Review 371 (2012).

Contextualizing Preemption, 101 Northwestern University Law Review 781 (2008).

Was Shelley v. Kraemer Incorrectly Decided? Some New Answers, 95 California Law Review 451 (2007).

The Surprisingly Strong Case for Tailoring Constitutional Principles, 153 University of Pennsylvania Law Review 1513 (2005).

Exporting the Constitution, 53 Emory Law Journal 171 (2004).

Multiple Authoritative Interpreters of Quasi-Constitutional Federal Law: Of Tribal Courts and the Indian Civil Rights Act, 69 Fordham Law Review 479 (2000).

Our Nonuniform Constitution: Geographical Variations of Constitutional Requirements in the Aid of Community, 77 Texas Law Review 1129 (1999).

The Outer Limits of Community Self-Governance in Residential Associations, Municipalities, and Indian Country: A Liberal Theory, 84 Virginia Law Review 1053 (1998).

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