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Carl T. Bogus

Carl T. Bogus
Professor of Law

J.D., Syracuse University
A.B., Syracuse University

Contact:
401-254-4617

Professor Bogus has written extensively about political ideology, torts and products liability, and gun control and the Second Amendment. He is the author of two books – Buckley: William F. Buckley Jr. and the Rise of American Conservatism (Bloomsbury Press 2011) and Why Lawsuits Are Good for America: Big Business, Disciplined Democracy and the Common Law (NYU Press 2001). He is also the editor of The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms (The New Press 2001). In addition to professional journals, his writings have appeared in USA Today, Los Angeles Times, Boston Globe, Washington Times, Providence Journal; The Nation, American Prospect, and American Conservative magazines; and the CNN and National Review websites.

He is presently at work on a long-term project challenging the current paradigm in antitrust law. Professor Bogus argues that antitrust law should not merely be concerned with consumer welfare but also with consolidated power. His first article in that project – “The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust” – will be published by the University of Michigan Journal of Law Reform.

Professor Bogus is especially well known for his thesis that James Madison drafted the Second Amendment to assure his constituents in Virginia and the South generally that the federal government could not disarm the state militia, on which the South relied for slave control, as set forth in his article “The Hidden History of the Second Amendment” published by U.C. Davis Law Review.  

He has received the Ross Essay Award from the American Bar Association and the Public Service Achievement Award from Common Cause of Rhode Island.

He teaches Torts, Products Liability, Evidence, Antitrust Law, and other subjects.

Selected Publications

Books

"Fighting Over the Conservative Banner," in NOMOS: Whither American Conservatism? (The American Society for Political and Legal Philosophy, forthcoming).

Buckley: William F. Buckley, Jr. and the Rise of American Conservativism (New York: Bloomsbury Press, 2011)

Why Lawsuits are Good For America: Disciplined Democracy, Big Business, and the Common Law (New York: NYU Press, 2001)

The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms (New York: New Press, 2001) (Ed.)

Articles

The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust, 49 University of Michigan Journal of Law Reform (Issue No. 1 forthcoming).

Heller and Insurrectionism, 59 Syracuse Law Review 255 (2008)

Gun Control and America's Cities: Public Policy and Politics, 1 Albany Government Law Review 440 (2008)

Rescuing Burke, 72 Missouri Law Review 387 (2007)

Fear-Mongering Torts and the Exaggerated Death of Diving, 28 Harvard Journal of Law and Public Policy 17 (2004)

The Hidden History of the Second Amendment, 31 U.C. Davis Law Review 309 (1998)

The Third Revolution in Products Liability, 72 Chicago-Kent Law Review 3 (1996)

The Death of an Honorable Profession, 71 Indiana Law Journal 911 (1996)