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Wilson R. Huhn, J.D.

Wilson R. Huhn

Professor
School of Law
Law

Room 330, Hanley Hall
Phone: 412.396.6187
huhnw@duq.edu
https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=83790

Education:

J.D., Cornell University
B.A., Yale University
Bio

Wilson R. Huhn teaches constitutional law courses at Duquesne University School of Law. As distinguished professor emeritus at the University of Akron School of Law, Huhn previously served as associate director of the Constitutional Law Center and the C. Blake McDowell, Jr., professor of law there. At Akron Law he taught Constitutional Law, Advanced Constitutional Law, Jurisprudence, Commercial Paper, Secured Transactions, Evidence, Administrative Law, Health Law, Sexual Orientation and the Law, Law and Genetics, and other courses. Prior to joining the Akron law faculty in 1984, Huhn served as law clerk for the late Judge Leo A. Jackson in the 8th District Court of Appeals and as an associate at Squire, Sanders and Dempsey.

Huhn's book ObamaCare: Is It Necessary, What Will It Accomplish, Is It Constitutional (Carolina Academic Press 2012) is available in electronic format for Kindle. His book The Five Types of Legal Argument (Carolina Academic Press, 2002, 2008, 2014) is required reading at a number of law schools nationally. During 2011-2012 Huhn coordinated the writing of and submitted appellate briefs to the Sixth Circuit, the Ninth Circuit, and the United States Supreme Court in defense of affirmative action and the Affordable Care Act. Other recent publications include A Higher Law: Abraham Lincoln's Use of Religious Imagery, 13 Rutgers Journal of Law and Religion 1-62 (2011); Abraham Lincoln's Influence on the Modern Supreme Court, 36 Oklahoma City University Law Review 555-605 (2011); The Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, 32 Journal of Legal Medicine 139-165 (2011), The Constitutionality of "Socialized Medicine" 15 Michigan State University Journal of Medicine and Law 299-336 (2011),  Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law,19 William and Mary Bill of Rights Journal 291 (2010); The Legacy of Slaughterhouse, Bradwell, and Cruikshank in Constitutional Interpretation, 42 Akron Law Review 1051 (2009); Cross Burning as Hate Speech Under the First Amendment to the United States Constitution, 2 Amsterdam Law Forum vol. 1 19 (2009) (online journal); Ten Questions on Gay Rights and Freedom of Religion, Akron Journal of Constitutional Law and Policy (online journal) (July 31, 2009); Abraham Lincoln Was a Framer of the Constitution,86:3 Washington University Law Review (Slip Opinions, online journal) (March 12, 2009); Waterboarding Is Illegal, Washington University Law Review (Slip Opinions, online journal) (May 10, 2008); Congress Has the Power to Enforce the Bill of Rights Against the Federal Government: Therefore FISA is Constitutional and the President's Terrorist Surveillance Program Is Illegal, 16 William & Mary Bill of Rights Journal 537 (2007); In Defense of the Roosevelt Court, 2 Florida A & M University Law Review 1 (2007); The State Action Doctrine and the Principle of Democratic Choice, 34 Hofstra Law Review (2006); and The Constitutional Jurisprudence of Sandra Day O'Connor: A Refusal to "Foreclose the Unanticipated", 39 Akron Law Review 373-415 (2006).

The graduating class selected Huhn Outstanding Professor of the Year in 1987, 1997, 1999, 2003, 2005, 2008, and 2015, the Akron law alumni awarded him the Outstanding Publication prize in 2004 and 2006, and the law faculty named him the Most Valuable Player for his contributions to legal scholarship, 2001-03. Huhn volunteers his time on community boards and is active organizing and coaching adaptive recreation programs for youths with special needs.

Huhn received his B.A. at Yale University and J.D., cum laude, at Cornell University, where he was a member of the Cornell Law Review.

Courses

FALL 2018
Contracts I (61)
Sales (01)
Secured Transactions (61)

SPRING 2019
Contracts II (01)
Sales (51)

FALL 2019
Contracts I (61)
Sales (01)
Secured Transactions (51)

Honors/Professional Affiliations

Outstanding Professor of the Year, University of Akron School of Law, 1987, 1997, 1999, 2003, 2005, 2008, and 2015

Outstanding Publication Prize, University of Akron School of Law, Named by Law Alumni, 2004 and 2006

Most Valuable Player, University of Akron School of Law, Named by Law Faculty for Contributions to Legal Scholarship, 2001-03.

Scholarship

Book Review

Book Review: Compelling Lessons in the First Amendment: Free Speech - 'the People's Darling Privilege,' Struggles for Freedom of Expression in American History, by Michael Kent Curtis

Wilson R. Huhn, Book Review: Compelling Lessons in the First Amendment: Free Speech - 'the People's Darling Privilege,' Struggles for Freedom of Expression in American History, by Michael Kent Curtis, 17 Const. Comment. 795-812 (2002). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=467060

Articles

Foreword: Shall These Bones Live? Resurrecting Truth in American Law and Discourse

Wilson Huhn, Foreword: Shall These Bones Live? Resurrecting Truth in American Law and Discourse, 56 Duq. L.R. 1-6 (Summer 2018). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3272850

The Trump-Clifford Nondisclosure Agreement: Violation of Public Policy and the First Amendment

Wilson Huhn, The Trump-Clifford Nondisclosure Agreement: Violation of Public Policy and the First Amendment, Juris Magazine (May 2018).

Fundamental Choices Facing the Supreme Court

Wilson Huhn, Fundamental Choices Facing the Supreme Court, Juris Magazine (January 2018). http://sites.law.duq.edu/juris/2018/01/12/fundamental-choices-facing-the-supreme..., https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3272939

The Impact of Justice Scalia's Replacement on Gender Equality Issues

Wilson R. Huhn, The Impact of Justice Scalia's Replacement on Gender Equality Issues (2017). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2895654

Formative Assessment in Legal Education: Using Objective-Type Questions to Teach Law

Wilson R. Huhn, Formative Assessment in Legal Education: Using Objective-Type Questions to Teach Law (2017). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2938504

The Impact of Justice Scalia's Replacement on Gender Equality Issues

Wilson Huhn, The Impact of Justice Scalia's Replacement on Gender Equality Issues, 8 ConLawNOW 47-69 (2016). https://ideaexchange.uakron.edu/conlawnow/vol8/iss1/4/

Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts' Opinion Upholding the Individual Mandate

Wilson R. Huhn, Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts' Opinion Upholding the Individual Mandate, 46 Akron L. Rev. 117 (2013). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2156842

Slaves to Contradictions: 13 Myths that Sustained Slavery

Wilson R. Huhn, Slaves to Contradictions: 13 Myths that Sustained Slavery (U. Akron Legal Stud. Research Paper No. 13-21, 2013). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2358101

The Future Interpretation of the Constitution as a Result of the Reelection of President Barack Obama

Wilson R. Huhn, The Future Interpretation of the Constitution as a Result of the Reelection of President Barack Obama (U. Akron Legal Stud. Research Paper No. 12-20, 2013). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2174934

The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking

Wilson R. Huhn, The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking (U. Akron Legal Stud. Res. Paper 12-10). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2043764

Abraham Lincoln's Influence on the Modern Supreme Court Understanding of Liberty and Equality

Wilson R. Huhn, Abraham Lincoln's Influence on the Modern Supreme Court Understanding of Liberty and Equality, Okla. City L. Rev. (2011). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1703360

A Higher Law: Abraham Lincoln's Use of Biblical Imagery

Wilson R. Huhn, A Higher Law: Abraham Lincoln's Use of Biblical Imagery, 13 Rutgers J.L. Religion (Fall 2011). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1746828

Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause

Wilson R. Huhn, Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, 32 (139) J. Legal Med. (2011). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1746305

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law

Wilson R. Huhn, Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 Wm. & Mary Bill Rts. J. (2010). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1706878

The Fourteenth Amendment Protects the Right to Same-Sex Marriage

Wilson R. Huhn, The Fourteenth Amendment Protects the Right to Same-Sex Marriage (U. Akron Legal Stud. Res. Paper 10-16). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1712723

Three Giant Steps Backward for the First Amendment

Wilson R. Huhn, Three Giant Steps Backward for the First Amendment (U. Akron Legal Stud. Res. Paper 10-17). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1715102

Abraham Lincoln and the Transcendental Constitution: Excerpts from Lincoln's Letters, Speeches, and Remarks (Annotated)

Wilson R. Huhn, Abraham Lincoln and the Transcendental Constitution: Excerpts from Lincoln's Letters, Speeches, and Remarks (Annotated) (U. Akron Legal Stud. Res. Paper). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1711180

Cross Burning as Hate Speech Under the First Amendment to the United States Constitution

Wilson R. Huhn, Cross Burning as Hate Speech Under the First Amendment to the United States Constitution, 2 (1) Amsterdam L.F. (2009). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1713762

Ten Questions on Gay Rights and Freedom of Religion

Wilson R. Huhn, Ten Questions on Gay Rights and Freedom of Religion, 1 Akron J. Const. L Pol'y (2009-2010). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1706218

Legacy of Slaughterhouse, Bradwell and Cruikshank in Constitutional Interpretation

Wilson R. Huhn, Legacy of Slaughterhouse, Bradwell and Cruikshank in Constitutional Interpretation, 42 (4) Akron L. Rev. (2009). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1506131

In Defense of the Roosevelt Court

Wilson R. Huhn, In Defense of the Roosevelt Court (U. Akron Legal Stud. Res. Paper 07-05). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1013366

Congress Has the Power to Enforce the Bill of Rights Against the Federal Government; Therefore FISA is Constitutional and the President's Terrorist Surveillance Program is Illegal

Wilson R. Huhn, Congress Has the Power to Enforce the Bill of Rights Against the Federal Government; Therefore FISA is Constitutional and the President's Terrorist Surveillance Program is Illegal, 16 Wm. & Mary Bill Rts. J. (2007). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=970179

The Constitutional Jurisprudence of Justice Sandra Day O'Connor: A Refusal to 'Foreclose the Unanticipated'

Wilson R. Huhn, The Constitutional Jurisprudence of Justice Sandra Day O'Connor: A Refusal to 'Foreclose the Unanticipated', 39 Akron L. Rev. 373-415 (2006). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=896130

The State Action Doctrine and the Principle of Democratic Choice

Wilson R. Huhn, The State Action Doctrine and the Principle of Democratic Choice, 34 Hofstra L. Rev. 1379-1460 (2006). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=896129

Ohio Issue 1 is Unconstitutional

Wilson R. Huhn, Ohio Issue 1 is Unconstitutional, 26 (1) UNC Central L. Rev. (2005). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=799966

Scienter, Causation, and Harm in Freedom of Expression Analysis: The Right Hand Side of the Constitutional Calculus

Wilson R. Huhn, Scienter, Causation, and Harm in Freedom of Expression Analysis: The Right Hand Side of the Constitutional Calculus, 13 Wm. & Mary Bill Rts. J. 125-203 (2004). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=710802

The Jurisprudential Revolution, Unlocking Human Potential in Grutter and Lawrence

Wilson R. Huhn, The Jurisprudential Revolution, Unlocking Human Potential in Grutter and Lawrence, 12 Wm. & Mary Bill Rts. J. 65-115 (2004). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=466700

Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral: The Emerging Constitutional Calculus

Wilson R. Huhn, Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral: The Emerging Constitutional Calculus, 79 Ind. L.J. 801 (2004). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=466642

Three Legal Frameworks for Regulating Genetic Technology

Wilson R. Huhn, Three Legal Frameworks for Regulating Genetic Technology, 19 J. Contemp. Health Pol'y 1-36 (2003). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=466900

The Stages of Legal Reasoning: Formalism, Analogy, and Realism

Wilson R. Huhn, The Stages of Legal Reasoning: Formalism, Analogy, and Realism, 48 Vill. L. Rev. 305 (2003). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1704042

The Use and Limits of Deductive Logic in Legal Reasoning

Wilson R. Huhn, The Use and Limits of Deductive Logic in Legal Reasoning, Santa Clara L. Rev. 813-862 (2002). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1704046

Teaching Legal Analysis Using a Pluralistic Model of Law

Wilson R. Huhn, Teaching Legal Analysis Using a Pluralistic Model of Law, 36 Gonzaga L. Rev. 433 (2001). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1704017

Presentations

State Action and the NFL

Wilson Huhn, State Action and the NFL, presentation at Protest in the Workplace: The Kaepernick Effect, Pro Football Hall of Fame (Oct. 18, 2018).

Beyond Multiple Choice: Using Objective-Type Online Formative Assessment Tools in Teaching Law; and a Self-Guided Program for Teaching Students How to Answer Essay Questions

Wilson Huhn and Dorothy Evensen, Beyond Multiple Choice: Using Objective-Type Online Formative Assessment Tools in Teaching Law; and a Self-Guided Program for Teaching Students How to Answer Essay Questions, presentation at 2018 SALT Teaching conference (October 5, 2018).

Presidential Powers

Wilson Huhn, Presidential Powers, presentation at Orange Community Education and Recreation (Oct. 4, 2018).

Readings on the Pardon Power, the Emoluments Clause, and Impeachment

Wilson Huhn, Ian Chaves, David Betras, Andrea Burton, Nils Peter Johnson, and Jeff Hendrickson, Readings on the Pardon Power, the Emoluments Clause, and Impeachment, presentation at Constitutional Issues in the Current White House: Pardons and Emoluments (Sep. 20, 2018).