David Konig
Emeritus Professor of Law and History
David Konig remains a member of the Law faculty after taking emeritus status as Professor of History. In his continuing position as an Adjunct Professor of Law, he directs doctoral dissertations in comparative law for the Law School’s JSD program. His academic career has been guided by the conviction that a great university must have a great law school at its intellectual center, generating interdisciplinary research into social and economic issues that can inform and guide policy, protect individual liberties, and achieve justice. Trained as a historian, he is a nationally and internationally recognized expert in Anglo-American legal history, with a focus on property law, the Second Amendment, and the law of freedom and slavery. He is a leading authority on Thomas Jefferson and the development of law in colonial, Revolutionary, and early national America. The author or editor of several books and numerous articles, Professor Konig has served as an expert witness or consultant in cases concerning property rights before the Supreme Court of the United States, the Massachusetts Supreme Judicial Court, and the Maine Supreme Judicial Court. In addition, he has contributed to amicus briefs in Second Amendment cases before the Supreme Court of the United States. A former Senior Research Fellow for the Colonial Williamsburg Foundation, he co-directed the restoration of a colonial-era courthouse and developed curatorial and educational materials for programs that are seen by thousands yearly. Prof. Konig has consulted on editorial projects to preserve and edit papers of the Salem witchcraft trials as well as student notebooks at the nation’s first law school in Litchfield, Connecticut. He is among the nation’s leading authorities on the formative years of American law and has edited the legal papers of Thomas Jefferson for The Papers of Thomas Jefferson and is completing a book on Jefferson’s legal thought and practice. Professor Konig also is the co-editor and author of a book on the Dred Scott case, examining race and the law from historical and contemporary perspectives. He was part of the team that launched the Missouri Freedom Suits project that has inspired books and articles that have opened a new frontier in the history of the struggle for civil rights. Named an honorary Corresponding Member of the Massachusetts Historical Society, he has served on numerous prize committees and editorial boards in legal scholarship and has been elected to the Board of Directors of the American Society for Legal History.
- Education
- A.B., New York University
- A.B., Ph.D., Harvard University
- Courses
- Supervision of JSD dissertations
- Areas of Expertise
- History of Anglo-American Law
- History of Property Law
- History of Slavery
- History of Civil Rights and Civil Liberties
- Legal History
- Second Amendment Law
- Publications
- (co-author) “The Strange Story of the Second Amendment in the Federal Courts, and Why It Matters” 60 Washington University Journal of Law and Politics (2019)
- “The Case for Repealing the Second Amendment: The Historical Barriers to Constitutional Change,” 51 Journal of Interdisciplinary History (2021)
- “The Persistence of Caste: Race, Rights, and the Struggle to Expand the Boundaries of Freedom in St. Louis,” 67 Washington University Journal of Law and Policy
- (ed.) THE LEGAL COMMONPLACE BOOK OF THOMAS JEFFERSON (THE PAPERS OF THOMAS JEFFERSON, second series) (2019)
- “John Adams, Constitution Monger,” in CONSTITUTIONS AND CLASSICS, ed. Dennis Galligan (2013)
- “Heller, Guns, and History: The Judicial Invention of Tradition,” 3 Northeastern University Law Journal 175 (2011)
- “Whig Lawyering in the Legal Education of Thomas Jefferson,” THE LIBRARIES, LEADERSHIP AND LEGACY OF JOHN ADAMS AND THOMAS JEFFERSON, ed. Robert C. Barron and Conrad Edick Wright (2010)
- “James Madison and Common-Law Constitutionalism,” 28 LAW AND HISTORY REVIEW 507 (2010)
- (co-ed. and author) THE DRED SCOTT CASE. HISTORICAL AND CONTEMPORARY PERSPECTIVES (2010)
- “Why the Second Amendment Has a Preamble,” 56 UCLA Law Review 1295 (2009)
- “Thomas Jefferson’s Armed Citizenry and the Republican Militia,” 1 ALBANY GOVERNMENT LAW REVIEW 251 (2008)
- “Arms and the Man: What did the Right to `Keep’ Arms Mean in the Early Republic?” 25 LAW AND HISTORY REVIEW 177 (2007)
- “St. George Tucker and the Limits of States’ Rights Constitutionalism: Understanding the Federal Compact in the Early Republic,” 47 William & Mary Law Review 1279 (2006)
- “Virginia and the Imperial State: Law, Enlightenment, and the `Crooked Cord of Discretion,'” THE BRITISH AND THEIR LAWS IN THE EIGHTEENTH CENTURY, ed. David Lemmings (2005)
- “The Persistence of Resistance: Civic Rights, Natural Rights, and Property Rights in the Historical Debate Over the `right of the people to keep and bear arms,” 53 FORDHAM LAW REVIEW 539 (2004)
- “The Second Amendment: A Missing Transatlantic Context for the Historical meaning of `the right of the people to keep and bear arms,'” 22 LAW AND HISTORY REVIEW 119 (2004)
- “Influence and Emulation in the Constitutional Republic of Letters,” 22 LAW AND HISTORY REVIEW 179 (2004)
- “Legal Fictions and the Rule(s) of Law: The Jeffersonian Critique of Common Law Adjudication,” THE MANY LEGALITIES OF EARLY AMERICA, ed. Bruce Mann and Christopher Tomlins (2001)
- (ed.) DEVISING LIBERTY. CREATING AND PRESERVING FREEDOM IN THE NEW AMERICAN REPUBLIC (1995)
- “Colonization and the Common Law in Ireland and Virginia, 1569-1634,” THE TRANSFORMATION OF EARLY AMERICAN HISTORY, ed. James Henretta, Michael Kammen, and Stanley N. Katz (1991)
- “`Dale’s Laws’ and the Non-Common-Law Origins of Criminal Justice in Virginia,” 26 AMERICAN JOURNAL OF LEGAL HISTORY 354 (1982)
- LAW AND SOCIETY IN PURITAN MASSACHUSETTS. ESSEX COUNTY, 1629-1692 (1979)
- (ed.) THE PLYMOUTH COURT RECORDS, 1686-1859. THE RECORDS OF THE INFERIOR COURT OF COMMON PLEAS AND THE COURT OF GENERAL SESSIONS OF THE PEACE, 16 vols. (1978-81)
- “Community Custom and the Common Law: Social Change and the Development of Land in Seventeenth-Century Massachusetts,” 18 AMERICAN JOURNAL OF LEGAL HISTORY (1974)
- Activity and Affiliations
- Chair, Nominating Committee, American Society for Legal History
- Chair, Kathryn T. Preyer Prize Committee, American Society for Legal History
- Chair, J. Willard Hurst Prize, Law and Society Association
- Australian Research Council, “Expert assessor of International Standing”
- Advisory Board, Salem Witchcraft Papers Project
- Editorial Board, University Virginia Press, series on Eighteenth-Century America
- Walker-Cowan Prize Committee, University of Virginia PressBook Prize Committee, Society for Historians of the Early
- American Republic
- Board of Directors, American Society for Legal History
- [Honorary] Corresponding member, Massachusetts Historical Society
- Editorial Board, AUSTRALIA-NEW ZEALAND JOURNAL OF LEGAL HISTORY
- Editorial Board, LAW AND HISTORY REVIEW
- Littleton-Griswold Prize Committee, American Historical Association
- Honors and Awards
- International Center for Jefferson Studies
- William Nelson Cromwell Foundation
- National Endowment for the Humanities
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