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Lawrence M. Friedman
Contact Information

lfriedman@nesl.edu
617-422-7459

Areas of Expertise
  • State Constitutional Law
  • Privacy
  • National Security Law
  • First Amendment
  • Federal Procedural Rules
  • Equal Protection
  • Civil Rights
  • Civil Litigation
  • Affirmative Action

Lawrence M. Friedman

Professor of Law

Education

BA Connecticut College
JD Boston College Law School
LLM Harvard Law School

Professional Background

Professor Friedman teaches Constitutional Law, Information Privacy Law, National Security Law, and State Constitutional Law. Before joining the New England Law faculty in 2004, he was a visiting assistant professor of law at Boston College Law School and a lecturer on law at Harvard Law School. Before teaching, he was an associate with Choate, Hall & Stewart in Boston, focusing on environmental, land use, Internet, and government enforcement litigation. He recently served on the Boston Bar Association’s Task Force on the Future of the Profession and is a former member of the Boston Bar Council. In addition, he is a member of the board of directors of the Robert F. Kennedy Children’s Action Corps, a nonprofit organization that provides a diverse range of services aimed at helping children and adolescents to become contributing members of society, and he is the immediate past president of the board of directors of the Massachusetts Appleseed Center for Law & Justice, which has several ongoing projects related to educating homeless children, keeping kids in school, and reducing the incidence of juvenile delinquency. He served as a law clerk with the New Hampshire Superior Court and then as law clerk to the Honorable John T. Broderick, Jr., of the New Hampshire Supreme Court. He has published numerous articles on constitutional law, the Massachusetts constitution, privacy law, and national security law.

Selected Publications

Review of Sanford Levinson, “Framed: America’s 51 Constitutions and the Crisis of Governance”, 62 Journal of Legal Education 359 (2013)

Common Law Decisionmaking, Constitutional Shadows, and the Value of Consistency: the Jurisprudence of William F. Batchelder, 12 New Hampshire Law Review 1 (2013)

Punishing Companies Serves a Crucial Purpose, NYTimes.com (2013) (original publication November 10, 2013) available at: http://www.nytimes.com/roomfordebate/2013/11/10/prosecuting-executives-not-companies-for-wall-street-crime/punishing-companies-serves-a-crucial-purpose

The Value of the Military Commissions Act as Nonjudicial Precedent in the Context of Litigation over National Security Policymaking, 53 South Texas Law Review 1 (2012) with Victor M. Hansen

Not Everyone Works for BigLaw: A Response to Neil J. Dilloff, 71 Maryland Law Review Endnotes 41 (2012) (with Louis Schulze) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1931106

State Courts and Public Justice: New Challenges, New Choices, 100 Kentucky Law Journal 857 (2012) with John T. Broderick

Who Are We Fighting? Conceptions of the Enemy in the War on Terror, 37 Ohio Northern University Law Review 11 (2011) available at: http://ssrn.com/abstract=1803722

The Once and Future Constitutional Law: On The Law of American State Constitutions, 73 Albany Law Review 1671 (2011) (reviewing Robert F. Williams, The Law of American State Constitutions)

Path Dependence and the External Constraints on Independent State Constitutionalism, 115 Penn State Law Review 783 (2011)

Law, Force and Resistance to Disorder in Herman Melville’s Billy Budd, 33 Thomas Jefferson Law Review 61 (2010) available at: http://ssrn.com/abstract=1805948

Emphasizing Privacy of the Home and Limiting Third Party Consent Under the State Constitution: Commonwealth v. Porter P., 93 Massachusetts Law Review 357 (2010) with Professor David Siegel available at: http://ssrn.com/abstract=1824722

Not the Usual Suspects: Suspect Classification Determinations and Same-Sex Marriage Prohibitions, 50 Washburn Law Journal 61 (2010)

Liberty and Privacy Interests Through the Political Question Lens, 19 Temple Political & Civil Rights Law Review 189 (2009) available at: http://ssrn.com/abstract=1526818

Response: The Fourth Amendment in the Digital Age, 79 Mississippi Law Journal MISSing Sources: Limited Edition 59 (2009)

Justice Martha B. Sosman and the Jurisprudence of Rights and Remedies, 42 New England Law Review 397 (2008)

The Case Against Secret Evidence, 12 Roger Willliams University Law Review 772 (2007) (with Victor M. Hansen) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1026410

Reactive and Incompletely Theorized State Constitutional Decision-making, 77 Mississippi Law Journal 265 (2007) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1106468

Reconsidering Rational Basis: Equal Protection Review Under the Wisconsin Constitution, 38 Rutgers Law Journal 1071 (2007)

Ordinary and Enhanced Rational Basis Review in the Massachusetts Supreme Judicial Court: A Preliminary Investigation, 69 Albany Law Review 415 (2006)

Reckoning with Dissonance: Thoughts on State Constitutional Law and Constitutional Discourse, 40 New England Law Review 437 (2006) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=884477

The Army and the Constitution: Time for Congress to Step In, Jurist Forum (2006) (with Victor M. Hansen)

Congress Should Champion the Advice of Military Lawyers, Jurist Forum (2006) (with Victor M. Hansen)

Domestic Electronic Surveillance and the Constitution, 24 John Marshall Journal of Computer and Information Law 177 (2006) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=967433

Public Opinion and Strict Scrutiny Equal Protection Review: Higher Education Affirmative Action and the Future of the Equal Protection Framework, 24 Boston College Third World Law Journal 267 (2004) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=839224

The Constitutional Value of Dialogue and the New Judicial Federalism, 28 Hastings Constitutional Law Quarterly 93 (2000)

In Defense of Corporate Criminal Liability, 23 Harvard Journal of Law & Public Policy 833 (2000)

Questions of Intent: Environmental Crimes and “Public Welfare” Offenses, 10 Villanova Environmental Law Journal 1 (1999) (with H. Hamilton Hackney III)

On Human Rights, the United States and the People's Republic of China at Century’s End, 4 Journal of International Legal Studies 241 (1998)

Books

The New Hampshire State Constitution (2015)

State Constitutional Law: Cases and Materials (2015)

Law and the Modern Condition: Literary and Historical Perspectives (2013)

The Massachusetts State Constitution (2011)

The Case for Congress: Separation of Powers and the War on Terror (with Professor Victor Hansen) (2009)