Biography
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, and Railroads and American Law in which he systematically explores the way that the rise of the railroads shaped American legal culture. He also served as an editor of both the second edition of the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined the Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers. He is currently working on a book dealing with the history of the contract clause of the Constitution.
Programs
Education
Ph.D. and M.A. (History) University of Virginia
L.L.B. Harvard University
A.B. Princeton University
Publications
Law of Easements
The Law of Easements and Licenses in Land, Thomson Reuters/West (revised edition March 2016) (with Jon W. Bruce)
The Constitution and Economic Liberty
"The Constitution and Economic Liberty," 35 Harvard Journal of Law and Public Policy 27 (2012)
The Progressive Era Assault on Individualism and Property Rights
“The Progressive Era Assault on Individualism and Property Rights,” Symposium on Natural Rights, Individualism and Progressivism in American Political and Legal Philosophy, Liberty Fund, Perrysburg, Ohio, May 11-14, 2011
Whatever Happened to the Contract Clause?
"Whatever Happened to the Contract Clause?" 4 Charleston Law Review 371 (2010)
Is Private Property Necessary for Liberty?
“Is Private Property Necessary for Liberty?,” Constitution Day Lecture, Rhodes College, September 19, 2011
Property Rights and the Supreme Court in the Gilded Age
“Property Rights and the Supreme Court in the Gilded Age,” Supreme Court Historical Society, Washington, D.C., May 2, 2012
The Guardian of Every Other Right: A Constitutional History of Property Rights
The Guardian of Every Other Right: A Constitutional History of Property Rights, Oxford University Press (3rd ed. 2008, 2nd ed. 1998, 1st ed. 1992)
Rufus W. Peckham and Economic Liberty
"Rufus W. Peckham and Economic Liberty"
Post-Kelo Reforms
Panelist, “Post-Kelo Reforms,” Federalist Society Faculty Conference, New York, January 4, 2008
Taking Property Rights Seriously
Commentator, “Taking Property Rights Seriously?”, Conference on The United States Supreme Court: Contested Constitutional Doctrines, Michigan State University, March 27-29, 2008
Economic Liberties and the Original Meaning of the Constitution
"Economic Liberties and the Original Meaning of the Constitution"
Cases and Materials on Modern Property Law
Cases and Materials on Modern Property Law, Thomson/West (6th ed. 2007) (with Jon W. Bruce)
The Bill of Rights in Modern America (co-editor)
The Bill of Rights in Modern America: After 200 Years, Indiana University Press (2nd ed. 2008, 1st ed. 1993) (co-edited with D. Bodenhamer)
Origins and Development of the Contract Clause
"Origins and Development of the Contract Clause"
'to pursue any lawful trade or avocation': The Evolution of Unenumerated Economic Rights in the Nineteenth Century
"'To pursue any lawful trade or avocation': The Evolution of Unenumerated Economic Rights in the Nineteenth Century," 8 University of Pennsylvania Journal of Constitutional Law 917 (2006)
Impact of Richard A. Epstein
"Impact of Richard A. Epstein," 15 William & Mary Bill of Rights Journal 2 (2006)
Oxford Companion to the Supreme Court
Oxford Companion to the Supreme Court, Oxford University Press (2nd ed. 2005) (co-edited with K. Hall and J. Grossman)
Protection of Contractual Rights: A Tale of Two Constitutional Provisions
"Protection of Contractual Rights: A Tale of Two Constitutional Provisions," 1 NYU Journal of Law & Liberty 370 (2005)
American Legal History: Cases and Materials
American Legal History: Cases and Materials, Oxford University Press (4th ed. 2011) (with Kermit L. Hall and Paul Finkelman)
Railroads and American Law
Railroads and American Law (University Press of Kansas, 2001)