Professor Darrell Miller began his teaching career with the College of Law after five years litigating complex and appellate matters with a large firm in Columbus, Ohio. He is a cum laude graduate of the Harvard Law School where he served as Notes Editor for the Harvard Law Review. In addition to his J.D., Professor Miller holds degrees from Oxford University, where he studied as a British Marshall Scholar, and from Anderson University, where he was honored with the Distinguished Young Alumni Award in 2004. Following law school, Professor Miller clerked for the Honorable R. Guy Cole, Jr. of the United States Court of Appeals for the Sixth Circuit.
Professor Miller's scholarship focuses on issues of civil rights, constitutional law, and civil procedure. His current project, Historical Tests, (Mostly) Unbalanced Rights, and What the Seventh Amendment Can Teach Us About the Second, will be published in volume 122 of the Yale Law Journal. He is also working on a project concerning the Thirteenth Amendment and the regulation of custom, which will be published in a symposium edition of the Columbia Law Review.
Other works by Professor Miller include Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), which was cited by Justice John Paul Stevens in dissent in McDonald v. City of Chicago; Guns Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, 86 N.Y.U. L. Rev. 887 (2011), and White Cartels, the Civil Rights Act of 1866 and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008).
Publications
- Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, 86 N.Y.U. L. Rev. 887 (2011)
- Retail Rebellion and the Second Amendment, 86 Ind. L. J. 939 (2011)
- Iqbal and Empathy, 78 UMKC L. Rev. 999 (2010)
- Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009)
- State DOMAs, Neutral Principles, and the Mobius of State Action, 81 Temple L. Rev. 967 (2008)
- White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008)
- The Stain of Slavery: Notes Toward an Attainder Theory of the Thirteenth Amendment, 38 U. Tol. L. Rev. 1011 (2007)
Articles, Essays & Book Reviews
Presentations
- White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer, Co, Chicago-Kent Law School, Faculty Workshop (November 2008)
- Getting Ready for Law and Graduate School, Anderson University (October 2008)
- White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., Northeast People of Color Conference, Boston University (September 2008)
- White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., Northeast People of Color Conference, Boston University (July 2008)
Courses
- Civil Procedure I
- Civil Procedure II
- Civil Rights Litigation
October 2011
Darrell’s article, Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, 86 NYU L. Rev. 887 (2011), is now in print.
Darrell’s article, Retail Rebellion and the Second Amendment, 86 Ind. L.J. 939 (2011), was cited in Heller v. District of Columbia, No. 10-7036, 2011 U.S. App. LEXIS 20130 (D.C. Cir. Oct. 4, 2011).
Darrell, a member of this year’s faculty appointments committee, attended the Association of American Law Schools (AALS) recruiting conference in Washington, D.C., on October 14 & 15 On
September 2011
On September 1, Darrell presented “What the Seventh Amendment Can Teach Us About the Second,” at Southwestern Law School in Los Angeles, as part of its Visiting Speaker Series.
Summer 2011
In June, Darrell presented a work-in-progress titled, “Historical Tests and Unbalanced Rights: What the Seventh Amendment Can Teach Us About the Second” to the law faculty as part of the College’s Summer 2011 Faculty Workshop series.
Darrell traveled to San Francisco in June to participate in the 2011 Law and Society Association (LSA) Annual Meeting, where he served on and chaired several panels.
Several of Darrell’s articles were cited:
Iqbal and Empathy, 78 UMKC L. Rev. 999 (2010), in Jesse Jenike-Godshalk, "Plausible Cause"?: How Criminal Procedure Can Illuminate The U.S. Supreme Court's New General Pleading Standard In Civil Suits, 79 U. Cin. L. Rev. 791 (2010);
- Iqbal and Empathy, 78 UMKC L. Rev. 999 (2010), in Rosalie Berger Levinson, The Many Faces Of Iqbal, 43 Urb. Law. 529 (2011);
- Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), in Alice Ristroph, Criminal Law In The Shadow Of Violence, 62 Ala L. Rev. 571 (2011);
- Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), in H. Jefferson Powell, Reasoning About The Irrational: The Roberts Court And The Future Of Constitutional Law, 86 Wash. L. Rev. 217 (2011);
- Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), in Nicholas Quinn Rosenkranz,The Objects Of The Constitution, 63 Stan. L. Rev. 1005 (2011);
- Retail Rebellion and the Second Amendment, 86 Ind. L.J. 939 (2011), in Brannon P. Denning & Glenn H. Reynolds, Five Takes OnMcDonald v. Chicago, 26 J.L. & Pol. 273 (2011); and
- The Stain of Slavery: Notes Toward an Attainder Theory of the Thirteenth Amendment, 38 U. Tol. L. Rev. 1011 (2007), in Anthony Dick, Note, The Substance Of Punishment Under The Bill Of Attainder Clause, 63 Stan. L. Rev. 1177 (2011).
May 2011
Darrell was mentioned in University of Cincinnati College of Law Holds 178th Hooding Ceremony, Targeted News Service, May 10, 2011.
April 2011
Darrell’s article, Retail Rebellion and the Second Amendment, 86 Ind. L.J. 939 (2011), is now in print.
Darrell’s article, Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), was cited in I. Bennett Capers, Rethinking The Fourth Amendment: Race, Citizenship, And The Equality Principle, 46 Harv. C.R.-C.L. L. Rev. 1 (2011).
March 2011
Darrell’s article, State DOMAs, Neutral Principles, and the Mobius of State Action, 18 Temp. L. Rev. 967 (2008), was cited in Michael E. Solimine, Interstate Recognition of Same-Sex Marriage, the Public Policy Exception, and Clear Statements of Extraterritorial Effect, 41 Cal. W. Int’l L.J. 105 (2010)
February 2011
Darrell presented “Racial Cartels and the Thirteenth Amendment Enforcement Power” at the Inaugural James and Mary Lassiter Conference, Structural Racism: Inequality in America Today at the University of Kentucky College of Law. Darrell will be preparing an article for publication in the University of Kentucky Law Journal based on his remarks.
Darrell’s article, Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), was cited in Lawrence Rosenthal & Joyce Lee Malcolm, McDonald v. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws? 105 Nw. U. L. Rev. Colloquy 85 (2010).
January 2011
Darrell’s article, The Stain of Slavery: Notes Toward an Attainder Theory of the Thirteenth Amendment, 38 U. Tol. L. Rev. 1011 (2007), was cited in Aaron H. Caplan, Nonattainder As A Liberty Interest, 2010 Wis. L. Rev. 1203.
December 2010
Darrell’s chapter, A Thirteenth Amendment Agenda for the Twenty-First Century: Of Promises, Power and Precaution, in The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment (Alexander Tsesis, ed. Colum. U. Press 2010), is now in print.
November 2010
Darrell’s article, Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), was cited in Lawrence Rosenthal & Joyce Lee Malcolm, McDonald v. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws? 105 Nw. U. L. Rev. Colloquy 85 (2010).
October 2010
Darrell’s article, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), was cited in Jennifer Mason McAward, The Scope of Congress's Thirteenth Amendment Enforcement Power after City of Boerne v. Flores, 88 Wash. U. L. Rev. 77 (2010).
September 2010
Darrell’s most recent article, Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, was accepted for publication in the New York University Law Review.
Darrell presented the Constitution Day address, “Idolizing the Constitution,” at Anderson University on September 27. His comments were covered in the September 28 edition of the Anderson Herald Bulletin.
Summer 2010
Darrell’s article, Iqbal and Empathy, 78 UMKC L. Rev. 999 (2010), is now in print.
Two of Darrell’s articles were cited:
- Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), in Justice Stevens’s dissent in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010); and in Anthony P. Badaracco, Firearm Federalism, 65 N.Y.U. Ann. Surv. Am. L. 761 (2010); and
- White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), in Rose Cuison Villazor, Rediscovering Oyama V. California: At the Intersection of Property, Race, and Citizenship, 87 Wash. U. L. Rev. 979 (2010).
Darrell completed a draft of Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights.
June 2010
Darrell published Iqbal and Empathy, 78 UMKC L. Rev. 999 (2010).
May 2010
Darrell received the Goldman Prize for Excellence in Teaching. He presented Retail Rebellion and the Second Amendment, 85 Ind. L.J. ___ (2010), at Dayton.
April 2010
Darrell participated in a symposium sponsored by the Northeastern University Law Journal on Chamber to Chambers: The Second Amendment in the New Century. Darrell spoke on a panel on Whose Right to Bear Arms? What Heller Changed.
His paper, Retail Rebellion and the Second Amendment, was accepted for publication in the Indiana Law Journal.
Darrell’s article, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), was cited in Rebecca E. Zietlow, Free at Last! Anti-subordination and the Thirteenth Amendment, 90 B.U. L. Rev. 255 (2010).
March 2010
Darrell presented Retail Rebellion and the Second Amendment at the University of St. Thomas School of Law (Minneapolis).
February 2010
Darrell’s article, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), was cited in Andrew T. Erwin, Avoiding Another Eldorado: Balancing Parental Liberty and the Risk of Error with Governmental Interest in the Well-being of Children in Complex Cases of Child Removal, 51 Wm. & Mary L. Rev. 1197 (2009).
December 2009
Darrell published Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), which drew a response from Eugene Volokh (UCLA),The First and Second Amendments, 109 Colum. L. Rev. Sidebar 97 (2009). Darrell responded in A Short Reply to Professor Volokh, 109 Colum. L. Rev. Sidebar 105 (2009).
Darrell was quoted in:
- Defendants in Taser Lawsuit File Response, Ironton Tribune, Nov. 18, 2009.
- Ironton (Ohio) Tribune: UC Law Prof Discusses Aspects of Taser Suit, UC News, Nov. 18, 2009.
November 2009
Darrell published State Domas, Neutral Principles. and the Mobius of State Action, 81 Temple L. Rev. 967 (2009). He presented Iqbal and Empathy at the Enforcing Constitutional Rights in the 21st Century Symposium at the University of Missouri-Kansas City.
October 2009
Darrell was reappointed as Assistant Professor of Law for a term of three years.
Summer 2009
Darrell presented Racial Retrenchment and the Thirteenth Amendment and The Thirteenth Amendment as Redemption as part of the 13th Annual UC Faculty Summer Scholarship Series.
June 2009
Darrell participated in a meeting called by the Ohio State Bar Association on the topic of Judicial Selection/Public Financing for Ohio judges.
May 2009
Darrell received the 2009 Goldman Award for Excellence in Law Teaching. His article, Guns as Smut: Defending the Home-Bound Second Amendment, was accepted for publication in the Columbia Law Review. Darrell’s book chapter, A Thirteenth Amendment Agenda for the Twenty-First Century: Of Promises, Power and Precautions, was accepted for publication in Promises of Liberty: Thirteenth Amendment Abolitionism and its Contemporary Vitality (Alexander Tsesis ed.) (Columbia University Press 2009).
Darrell presented, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), at the University of Chicago’s conference, Slavery, Abolition, and Human Rights: Interdisciplinary Perspectives on the Thirteenth Amendment.
April 2009
Darrell hosted a faculty-student brownbag lunch on his article, Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. ___ (2009).
February 2009
Darrell published White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008). He presented Guns as Smut: Defending the Home-Bound Second Amendment at the Ohio Junior Scholars Workshop at Ohio State.
December 2008
Darrell presented White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), at Chicago-Kent as part of the UC-Chicago-Kent Scholar Exchange Program.
October 2008
Darrell's article, State DOMAs, Neutral Principles, and the Mobius of State Action, was accepted for publication in the Temple Law Review. The paper was featured on Larry Solum's Legal Theory Blog.
Darrell presented White Cartels, the Civil Rights Act of 1866 and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. ___ (2008), at the Northeast People of Color Conference at Boston University. The paper was featured on Larry Solum's Legal Theory Blog.
Summer 2008
Darrell's article, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., was accepted for publication in the Fordham Law Review. He presented the article as part of the 12th Annual UC Faculty Summer Scholarship Series.
Darrell completed another article, State DOMAs, Neutral Principles, and the Mobius of State Action, which is under consideration at several law reviews.
Summer 2007
Darrell joined the faculty as Assistant Professor of Law. He published The Stain of Slavery: Notes Toward an Attainder Theory of the Thirteenth Amendment, 38 U. Tol. L. Rev. 1011 (2007).
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