Stephen E. Sachs was a scholar of civil procedure, constitutional law, Anglo-American legal history, and conflict of laws. He joined the Duke Law faculty after practicing in the litigation group of Mayer Brown LLP in Washington, D.C.
At Duke, Sachs taught Civil Procedure, Conflict of Laws, and seminars on constitutional law.
Sachs's research spanned a variety of substantive topics, focusing on the history of procedure and private law and its implications for current disputes. His research interests include federal jurisdiction, constitutional interpretation, sovereign immunity, and the legal status of corporations.
He was a member of the Judicial Conference’s Advisory Committee on Appellate Rules, an elected member of the American Law Institute, and an adviser to the ALI’s project on the Restatement of the Law (Third), Conflict of Laws.
In June 2013, Sachs wrote an amicus brief to the Supreme Court on forum selection agreements in civil cases. The Court ordered the parties to be prepared to address the brief, which was discussed at oral argument and in the Court's opinion. The brief was later named among the "Exemplary Legal Writing of 2013" by The Green Bag Almanac & Reader, a legal journal.
Sachs clerked for Chief Justice John G. Roberts Jr. during the 2009-2010 Supreme Court term. He clerked for Judge Stephen F. Williams on the U.S. Court of Appeals for the D.C. Circuit in 2007-2008, prior to joining Mayer Brown.
Sachs received his A.B. summa cum laude in history from Harvard University in 2002, graduating first in his class and winning the Sophia Freund Prize. He was a Rhodes Scholar, graduating from Oxford University in 2004 with a first-class BA (Hons) degree in politics, philosophy, and economics. He received his J.D. in 2007 from Yale Law School, where he was executive editor of the Yale Law Journal and served both as executive editor and articles editor of the Yale Law & Policy Review.
He was a licensed attorney in Massachusetts and the District of Columbia, and he is authorized to practice before the D.C. Circuit, the Seventh Circuit, and the Supreme Court of the United States.
In 2021 Prof. Sachs became the Antonin Scalia Professor of Law at Harvard.
- Civil Procedure
- Conflict of Laws
- Readings: Conservative Legal Thought
- Originalism and its Discontents
Articles & Essays
- The Misunderstood Eleventh Amendment, 169 University of Pennsylvania Law Review 609-663 () (with William Baude)
- The Unlimited Jurisdiction of the Federal Courts, 106 Virginia Law Review 1703-1768 ()
- Finding Law, 107 California Law Review 527-581 ()
- Grounding Originalism, 113 Northwestern University Law Review 1455-1491 () (with William Baude)
- Originalism and the Law of the Past, 37 Law and History Review 809-820 () (with William Baude)
- Supreme Court as Superweapon: A Response to Epps & Sitaraman, 129 Yale Law Journal Forum 93-107 ()
- Brief of Professors William Baude and Stephen E. Sachs as Amici Curiae in Support of Neither Party , Franchise Tax Board of California v. Hyatt, No. 17-1299 (Sept. 18, 2018)
- Precedent and the Semblance of Law, 33 Constitutional Commentary 417-436 () (reviewing Randy J. Kozel, Settled Versus Right: A Theory of Precedent (2017))
- The Law and Morals of Interpretation, 13 Duke Journal of Constitutional Law & Public Policy 103-114 ()
- Brief of Professor Stephen E. Sachs as Amicus Curiae in Support of Petitioner No. 16-405 (U.S. cert. granted Jan. 13, 2017) BNSF Railway Co. v. Tyrrell
- Originalism Without Text, 127 Yale Law Journal 156-168 ()
- Pennoyer Was Right, 95 Texas Law Review 1249-1327 ()
- The Law of Interpretation, 130 Harvard Law Review 1079-1147 () (with William Baude)
- Originalism's Bite, 20 Green Bag 2d 103-108 () (with William Baude)
- Five Questions After Atlantic Marine, 66 Hastings Law Journal 761-776 ()
- Originalism as a Theory of Legal Change, 38 Harvard Journal of Law and Public Policy 817-888 ()
- Full Faith and Credit Clause, in The Heritage Guide to the Constitution 345 () (with Erin O' Hara O'Connor)
- How Congress Should Fix Personal Jurisdiction, 108 Northwestern University Law Review 1301-1354 ()
- The "Constitution in Exile" as a Problem for Legal Theory, 89 Notre Dame Law Review 2253-2298 ()
- The Forum Selection Defense, 10 Duke Journal of Constitutional Law & Public Policy 1-44 ()
- Brief of Professor Stephen E. Sachs as Amicus Curiae in Support of Neither Party 134 S. Ct. 568 (2013) (No.12-929) (with Jeffrey S. Bucholtz & Danel S. Epps) Atlantic Marine Construction Co. v. U.S. District Court
- Conflict Resolution at a Medieval English Fair, in Eine Grenze in Bewegung:öffentliche Konfliktlösung im Handels- und Seerecht (Albrecht Cordes & Serge Dauchy eds., )
- The "Unwritten Constitution" and Unwritten Law, 2013 University of Illinois Law Review 1797-1846 ()
- Constitutional Backdrops, 80 George Washington Law Review 1813-1888 ()
- The Uneasy Case for the Affordable Care Act, 75 Law & Contemporary Problems 17-27 (No. 3, )
- Corruption, Clients, and Political Machines: A Response to Professor Issacharoff, 124 Harvard Law Review Forum 62-71 ()
- Full Faith and Credit in the Early Congress, 95 Virginia Law Review 1201-1279 ()
- Commentary, Why John McCain Was a Citizen at Birth, 107 Michigan Law Review First Impressions 49-57 ()
- The Feigned Issue in the Federal System ()
- Alternative Theories of the Crime ()
- Comment, Saving Toby: Extortion, Blackmail, and the Right to Destroy, 24 Yale Law & Policy Review 251-261 ()
- From St. Ives to Cyberspace: The Modern Distortion of the Medieval 'Law Merchant', 21 American University International Law Review 685-812 ()
Newspaper Articles and Commentary
- Grounds for Impeachment: Solicitation, not just incitement, The Volokh Conspiracy ()
- Institutions and Platforms: The Wisdom of "Sir, This is a Wendy's", The Volokh Conspiracy ()
- Article IV, Section 1: Full Faith and Credit Clause, National Constitution Center () (with Steve Sanders)
- Full Faith and Credit in Court and in Congress, National Constitution Center ()
- Talking About Standing in Zivotofsky and Robins, Prawfsblawg () (with others)
- Saving Originalism's Soul, Library of Law and Liberty ()
- 'Calvinball' with the US Constitution, San Francisco Daily Journal (, at 7)
- Post-Decision SCOTUScast, Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, Federalist Society ()
- Post-Argument SCOTUScast, Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, Federalist Society ()
- Professor Stephen Sachs and Atlantaic Marine v. U.S. District Court, Volokh Conspiracy ()
- The Case for "Constitutional Backdrops" ()
- Signed and Sealed: The Foreclosure Mess Aside, Making States Recognize One Another's Documents is a Good Idea ()