Professor of Law and Sidney I. Reitman Scholar
Mark S. Weiner
Newark Campus
S.I. Newhouse Center for Law and Justice
123 Washington Street
Newark, NJ 07102

Mark S. Weiner has been a Fulbright Fellow in both Iceland and Austria and is the author of three award-winning books about the relation between government and individual freedom and issues of race and American citizenship. An advocate for public legal education, he teaches constitutional law, free speech, history of the common law and church-state relations.

  • Biography
  • Publications
  • Expertise

Professor Weiner holds a J.D. from Yale Law School and a Ph.D. in American Studies from Yale University. He received his A.B. from Stanford University, where he graduated with honors and distinction and was elected to Phi Beta Kappa. He is the author of three award-winning books recognized for both their contribution to scholarship and their accessible style, and he is the co-curator of a major public exhibition about rare law books for the Grolier Club in New York. At Rutgers, he has received a Board of Trustees Fellowship for Scholarly Excellence, and in 2009-10 he was the Chancellor’s Distinguished Research Scholar.

Professor Weiner's most recent book, The Rule of the Clan: What an Ancient Form of Social Organization Reveals about the Future of Individual Freedom (Farrar, Straus and Giroux, 2013), received the 2015 Grawemeyer Award for Ideas Improving World Order. His second book, Americans without Law: The Racial Boundaries of Citizenship (NYU Press, 2006), received the President’s Book Award of the Social Science History Association. His first book, Black Trials: Citizenship From the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004), received a Silver Gavel Award from the American Bar Association for its impact on the public understanding of law. Professor Weiner also received a year-long fellowship from the National Endowment for the Humanities for Black Trials.

Professor Weiner has been a visiting professor at Cardozo School of Law and the University of Connecticut School of Law. In the spring of 2015, he was a Fulbright Scholar in the Department of Legal Philosophy at the University of Salzburg, Austria. In the fall of 2009, he was a Fulbright Scholar at the University of Akureyri, Iceland, where he studied the history of Icelandic law and its relation to the Germanic legal tradition. He has lectured and taught extensively about U.S. constitutional law throughout Germany. 

Professor Weiner is currently mounting a major exhibition with co-curator Mike Widener, rare book librarian at Yale Law School, for the Grollier Club in New York. The exhibition, “Law’s Picture Books: The Yale Law Library Collection,” examines illustrated law books from the thirteenth century to the present, and opens in early September 2017. It is accompanied by a 220-page catalogue, Law's Picture Books (Talbot Publishing, 2017), and includes five of Professor Weiner's short solo films, created under the name of his production company, Hidden Cabinet Films, including "A Philosophical Question" and "The Dialogue of Text and Image."

Professor Weiner is a member of the Advisory Commission to the Standing Committee for Public Education of the American Bar Association. He lives in Connecticut with his wife, Stephanie Kuduk Weiner, a professor of nineteenth-century British literature at Wesleyan University. In his spare time, he enjoys hiking and spending time outdoors. He is a certified Wilderness Emergency Medical Technician and a licensed EMT. 


“Nation to Nation: Treaties Between the United States and American Indian Nations,” review of exhibition at National Museum of the American Indian, Journal of American History(2016).


“Die Amerikanische Bürgerrechtsbewegung und die Kulturgeschichte des Rechts [The American Civil Rights Movement and the Cultural History of Law],” in Michael Anderheiden and Stephen Kirste, eds., Interdisziplinarität in den Rechtswissenschaften – Innen- und Außenperspektiven (Interdisciplinarity in Legal Studies: Inside and Outside Perspectives) (Berlin: Duncker & Humbolt, 2016).


Invited guest blogger, Environment, Law, and History: “A River Runs Through It,” March 2016; “A Video Project about Austrian Law and Landscape,” January 2016.


Denn Wir Wissen Nicht, Wer Wir Sind: Liberale Identität in Europa [We Don’t Know Who We Are: Liberal Identity in Europe],” with Ulrich Haltern, EUtopia Magazine, original in German, trans. Keith Tribe, published also in English, June 2015.


The Legal Foundations of Individualism,” TELOSscope, April 2014.


“Love’s Empire,” review of Paul W. Kahn, Political Theology: Four New Chapters on the Concept of Sovereignty and Finding Ourselves at the Movies: Philosophy for a New Generation, Telos (Spring 2014), 181-87.


The State, the Clan, and Individual Liberty,” month-long symposium about The Rule of the Clan in Cato Unbound (online magazine of the Cato Institute), March 2014. Dedicated respondents: Arnold Kling, Daniel McCarthy (The American Conservative), John Fabian Witt (Yale Law School).


The Rule of the Clan,” week-long symposium, Concurring Opinions, July 2013. Participants: Prof. Deven Desai (Thomas Jefferson School of Law), Prof. Mark Fenster (University of Florida School of Law), Prof. Lucas Grosman (University of San Andrés, Buenos Aires, Argentina), Dr. Jan-Christoph Marschelke (University of Würzburg, Germany), Prof. Tim Murphy (University of Northern Malaysia), Dr. Doyle Quiggle, Prof. Jeanne Schroeder (Cardozo School of Law), Prof. Sudha Setty (Western New England College of Law), Prof. Stephen Utz (University of Connecticut School of Law).


Bright Ideas: Mark Weiner on his new book The Rule of the Clan,” interview on Concurring Opinions with Deven Desai (Thomas Jefferson School of Law), March 2013.


Imagining the Rule of Law in Nineteenth-Century Britain: The Story of the Clan,” Erasmus Law Review (The Netherlands) 6 (3-4) (2013) (special issue on legal pluralism, eds. Sanne Taekema and Wibo van Rossum), 158-166.


The Call of the Clan: Why Ancient Kinship Matters in a World of Global Geopolitics,” Foreign Policy, 15 May 2013.


Individualism’s Paradox,” The Chronicle of Higher Education, March 29, 2013.


“Verbraucherkulture und die Amerikanische Bürgerrechstbewegung: Rasse, Rechstwissenschaft und die bürgerliche Bedeutung der Nahrung” (Consumer Culture and the American Civil Rights Movement: Race, Jurisprudence, and the Civic Meaning of Food) (Johanna Timm, trans.), in Verfassungsvoraussetzungen: Gedaechtnisschrift für Winfried Brugger (Prerequisites of Constitutional Law and Constitutional Theory: Commemorative Studies for Winfried Brugger), Heidelberger Rechtswissenschaftliche Abhandlungen 9, eds. Michael Anderheiden, Rainer Keil, and Stephan Kirste, and Jan Phillip Schaefer (Tübingen, Germany: Mohr-Siebeck, 2013), 63-85.


Recent radio and televised appearances


Interview about Fulbright video project “Wood, Water, Stone, Sky, Milk” on “Salzburg Aktuell,” radio ORF, Austria, August 2015 (in German).

“The Individual, the State, and the Clan,” televised luncheon seminar, Axess Magasin, Stockholm, Sweden, May 2015, moderated by P.J. Anders Linder.

“The Rule of the Clan,” Your Weekly Constitutional, produced in partnership with James Madison’s Montpelier, with Stewart Harris, February, 2015.

“The Rule of the Clan in Foreign Policy,” Saturday Extra, with Geraldine Doogue, ABC Radio National (Australia), August 2014.

“Trading Fours with Mark Weiner,” Trading Fours with Drs. Modeste and Wes, BlogtalkRadio, March 2014.

“Individualism vs. Society,” Central Standard, with Susan Wilson, KCUR (Kansas City, Kansas), April 2013.

Kathleen Dunn Show, WPR (Madison, Wisconsin), April 2013.

Think,” with Krys Boyd, KERA (Dallas, Texas), “Freedom’s Roots,” March 2013.

The Brian Lehrer Show, WNYC (New York, New York), “Clans and Individuals,” March 2013.d

American Bar Association, ABA Journal podcast, “Want to Protect Individual Freedom? Have a Strong Central Government, Says ‘Rule of the Clan’ Author,” March 2013.


  • Comparative Law
  • Constitutional Law
  • First Amendment
  • Jurisprudence
  • Legal History