MICHAEL H

MICHAEL H. HOFFHEIMER

The University of Mississippi 309 Garner Street

School of Law Oxford, Mississippi 38655

University, Mississippi 38677 (662) 234-3833

(662) 915-6865, Fax (662) 915-6842

mhoffhei@olemiss.edu

POSITION

Professor of Law

Mississippi Defense Lawyers Association Lecturer in Law

EDUCATION

Legal: The University of Michigan Law School

J.D. cum laude 1984

Graduate: The University of Chicago

Ph.D. 1981; M.A. 1978 (History)

University Scholarships 1977-81; Kunstader Fellowship 1978; Honors, M.A.-Ph.D. Qualifying Examination 1978

College: The Johns Hopkins University

B.A. with Honors 1977 (Philosophy major)

Secondary: The Phillips Exeter Academy, 1973

MONOGRAPHS

Conflict of Laws: Examples and Explanations (New York: Aspen, 2010).

Eduard Gans and the Hegelian Philosophy of Law, International Archives of the History of Ideas (Dordrecht: Kluwer Academic Publishers, 1995)

Justice Holmes and the Natural Law (New York: Garland Publishing, Inc., 1992)

Fiddle Care and Setup (Pacific, Mo.: Mel Bay Publications, Inc., 2008)

Fiddling for Viola: Traditional Irish and American Fiddle Tunes Arranged for Viola (Pacific, Mo.: Mel Bay Publications, Inc., 2000)

2005 Directory of Law Reviews (LexisNexis 2005), originally published 1994, subsequent editions 1996, 1997, 1999, 2003) available on line at

BOOK CHAPTERS

"Race and Law in Hegel's Philosophy of Religion," in Race and Racism in Modern Philosophy, ed. Andrew Valls (Ithaca: Cornell University Press, 2005), 194-216

"The Transcendental Idea of God," "Four Early Poems," "Fragment on the Life-Course of God," critical translations, in Jon Stewart, Miscellaneous Writings of G.W.F. Hegel (Evanston: Northwestern University Press, 2002), 78-85, 138-42, 256-63

"The Idea of Law (Recht) in Hegel's Phenomenology of Spirit," in David Lamb ed., Hegel, 2 vols., International Library of Critical Essays in the History of Philosophy (Aldershot: Ashgate/Dartmouth, 1998), 1: 321-43

With Joseph A. Hoffheimer, "George on Being and Somethingness," in The Philosophy of the Beatles, ed. Michael Baur and Steven Baur (Open Court Publishing Co. 2006), 125-36

ARTICLES

With Anne Quinney, “Fatal Duality: Alexandre Dumas on Garibaldi, Cavour and the Myth of the Risorgimento,” Clio (forthcoming spring 2010)

“Race and Terror in Joseph Baldwin’s Flush Times of Alabama and Mississippi (1853),” Seaton Hall Law Review 39 (2009): 725-78

“Cataloguing a Contested Classic: Joseph Baldwin’s Flush Times of Alabama and Mississippi (1853),” Legal Reference Services Quarterly 28 (2009)(forthcoming)

“Rule of Law in Bollywood,” University of Florida Entertainment Law Review 3 (2009-2020)(forthcoming)

“Codifying Necessity: Legislative Resistance to Enacting Choice-of-Evils Defenses to Criminal Liability,” Tulane Law Review 82 (2007): 191-246

"The Future of Constitutionally Required Lesser Included Offenses," University of Pittsburgh Law Review 67 (2006): 585-640

“Awara and the Post-Colonial Origins of the Hindi Law Drama,” Historical Journal of Film Radio and Television 26 (2006): 341-59

"Bollywood Law: Commercial Hindi Films with Legal Themes," Law Library Journal 98 (2006): 61-79

"The Rise and Fall of Lesser Included Offenses," Rutgers Law Journal 36 (2005): 351-437

"Lesser Included Offenses in Mississippi," Mississippi Law Journal 74 (2004): 135-212

With Kris Gilliland and Lynn Murray, "Pre-1900 Mississippi Legal Authority," Mississippi Law Journal 73 (2003): 195-261

"Murder and Manslaughter in Mississippi: Unintentional Homicide," Mississippi Law Journal, 71 (2001): 35-152

"Hegel, Race, Genocide," The Southern Journal of Philosophy 39 supplement (2001): 35-62

"Translating Hegel's Idea of Servitude," Hegel-Studien 34 (1999): 61-83

"Observing Capital Punishment in Arnold Bennett's The Old Wives' Tale," Mississippi Law Journal 69 (1999): 441-53

"Baptism and Law in the Young Hegel," Clio 27 (1998): 533-50

"Law and Legal Education as a Hotbed for the Novel: The Case of Goethe," Wayne Law Review 44 (1998): 1-27

"Mississippi Conflict of Laws," Mississippi Law Journal 67 (1997): 175-321

"Copying Constitutional Text: Natural Law, Constitutionalism, Authority," Southern California Interdisciplinary Law Journal 4 (1996): 653-92

"Mississippi Courts 1790-1869," Mississippi Law Journal 65 (1995): 99-170

"Hegel's First Philosophy of Law," Tennessee Law Review 62 (1995): 823-97

With Luanne Buchanan, translators, "Hegel and America" by José Ortega y Gasset, Clio 25 (1995): 63-81

"Law, Fossils, and the Configuring of Hegel's Philosophy of Nature," Idealistic Studies 25 (1995): 155-73

"Hegel's Manuscript 'The Transcendental Idea of God,'" Clio 24 (1995): 419-26

"The Common Law of Edward Christian," Cambridge Law Journal 53 (1994): 140-63

"Two Hegel Texts on Law," University of Toledo Law Review 24 (1993): 933-42

"L.Q.C. Lamar 1825-1893," Mississippi Law Journal 62 (1993): 5-106

"Hegel's Criticism of Law," Hegel-Studien 27 (1992): 27-52

"The Idea of Law (Recht) in Hegel's Phenomenology of Spirit," Clio 21 (1992): 346-67

"Schelling's Philosophy of Natural Law," Temple Law Review 64 (1991): 1-58

"Artistic Convention and Natural Law: Didactic Treatment of Authority in Works of Fielding, Hawthorne, and Fritz Lang," Temple Law Review 63 (1990): 483-509

"Justice Holmes: Law and the Search for Control," Yearbook of the Supreme Court Historical Society (1989): 98-118

"Requiring Jury Instructions on Eyewitness Identification Evidence at Federal Criminal Trials," Journal of Criminal Law & Criminology 80 (1989): 585-672

"The Early Critical and Philosophical Writings of Justice Holmes," Boston College Law Review 30 (1989): 1221-82

"Effect of Particularized Instructions on Evaluation of Eyewitness Identification Evidence," Law & Psychology Review 13 (1989): 43-58; reprinted in Criminal Practice Law Review 2 (1990): 323-37; reprinted in Robert M. Krivoshey ed., Instructions, Verdicts, and Judicial Behavior, Readings in Trial Advocacy and the Social Sciences vol. 4 (New York: Garland, 1994), 77-92

"Intoxication and Extreme-Recklessness Murder: Presenting and Preserving the Issues," Criminal Law Bulletin 25 (1989): 123-38

"Holmes, L.Q.C. Lamar, and Natural Law," Mississippi Law Journal 58 (1988): 71-85

"Natural Law, Nature, and History: Professor Weinreb's Philosophy of Natural Law," Wisconsin Law Review (1988): 561-76

"Locke, Spinoza, and the Idea of Political Equality," History of Political Theory 7 (1986): 341-60

"The Four Equals: Analyzing Spinoza's Idea of Equality," Philosophia: Philosophical Quarterly of Israel 15 (1985): 237-49

"The Influence of Schiller's Theory of Nature on Hegel's Philosophical Development," Journal of the History of Ideas 46 (1985): 231-44

"Four Early Poems by Hegel," Clio 13 (1984): 401-05

"Habeas Corpus Review of State Trial Court Failure to Give Lesser Included Offense Instructions," University of Michigan Journal of Law Reform 16 (1983): 617-42

"Hegel Fragment on the Life-Course of God," Clio 12 (1983): 401-09

"Maupertuis and the Eighteenth-Century Critique of Preexistence," Journal of the History of Biology 15 (1982): 119-44

SHORT ESSAYS AND REVIEWS

With Anne Quinney, “The Unforgiven: Alexandre Dumas’s Review of Cavour in L’Indipendente (1863),” French Studies Bulletin no. 110 (2009): 12-17

“Brown Goes North,” Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education, ed. Mildred Wigfall Robinson and Richard J. Bonnie (Nashville: Vanderbilt University Press, 2009): 225-30

“Guantánamo, Courts and the Rule of Law,” UM Lawyer 33 (Fall/Winter 2006-07)

"Clarence Darrow," "Medgar Evers," "Thurgood Marshall," "Ida B. Wells," entries in Encyclopedia of Civil Liberties, ed. Paul Finkelman et al., 4 vols. (New York: Routledge, 2007)

Review of The Philosophy and Politics of Bruno Bauer by Douglas Moddach (Cambridge University Press, 2003) in Owl of Minerva 38 (2006-07): 145-50

"Fiddle," entry in Encyclopedia of Blues, ed. Peter Redvers-Lee and Edward Komara, 2 vols. (New York: Routledge, 2006), 1: 315-20

"Veer-Zaara: Love and Law in Bollywood," Picturing Justice: The On-Line Journal of Law and Popular Culture (2005)

Entry on Edward Christian in Oxford Dictionary of National Biography (Oxford University Press, 2004), 11: 18-19

Review of Hegel: A Biography by Terry Pinkard (Cambridge University Press, 2000) in Owl of Minerva 34 (2003): 187-97

"Blues Fiddlers," The Strad 113 (November 2002): 1184-89

Dedication to Larry S. Bush, Mississippi Law Journal, 71 (2001): i-iv

"Translating Knechtschaft," Owl of Minerva 32 (2001): 169-75

Review of Political Writings by G.W.F. Hegel, edited by Laurence Dickey and H.B. Nisbet, translated by H.B. Nisbet (Cambridge University Press, 1999) in Owl of Minerva 32 (2001): 216-23

Review of Hegel's Phenomenology of Self-Consciousness, translation and commentary by Leo Rauch and David Sherman (State University of New York Press, 1999), in Clio 29 (1999): 82-86

Review of Michael P. Zuckert, The Natural Rights Republic: Studies in the Foundation of the American Political Tradition (Notre Dame, 1996), in Journal of American Legal History 42 (1998): 425-27

"The Uneasy Life and Career of L.Q.C. Lamar," The Mississippi Lawyer 45 (1998): 16-18

Review of Holmes and Frankfurter: Their Correspondence, 1912-1934, edited by Robert M. Mennel and Christine L. Compston (Hanover, 1996), in Trial (Oct. 1997): 80-81

Entries in American National Biography, ed. John A. Garraty and Mark C. Carnes, 24 vols. (New York: Oxford University Press, 1999), 13: 132-34 (Fritz Lang, film director); 14: 856-57 (Emlin McClain, legal scholar); 15: 560-61 (Nathan Milstein, classical violinist); 18: 718-19 (Fred Rodell, legal scholar); 23: 227-28 (Josh White, blues guitarist); 23: 542-44 (Bob Wills, fiddler)

"Varieties of Law and Literature," review of Wai Chee Dimock, Residues of Justice: Literature, Law, Philosophy (Berkeley, 1996) and Martha Grace Duncan, Romantic Outlaws, Beloved Prisons: The Unconscious Meaning of Crime and Punishment (New York, 1996), in Clio 27 (1998): 415-27

Review of Richard Dien Winfield, Law in Civil Society (Kansas, 1995), in The Owl of Minerva 28 (1996): 122-28

Review of Ardis B. Collins, ed., Hegel on the Modern World (Albany, 1994), in Clio 25 (1996): 321-29

Review of William Maker, Philosophy Without Foundations: Rethinking Hegel (Albany, 1994), in Clio 25 (1996): 119-23

Review of Margaret Jane Radin, Reinterpreting Property (Chicago, 1993), in Clio 24 (1995): 337-42

"Does Hegel Justify Slavery?," The Owl of Minerva 25 (1993): 118-19

Dedication, Mississippi Law Journal 63 (1993): 1-5

Review of Robert W. Gordon, ed., The Legacy of Oliver Wendell Holmes, Jr. (Stanford, 1992), in Journal of American Legal History 37 (1993): 512-13

Review of Norbert Waszek, Eduard Gans (1797-1839): Hegelianer-Jude-Europäer (Frankfurt am Main, 1991), in Clio 22 (1993): 400-04

Review of David H. Burton, Political Ideas of Justice Holmes (Rutherford, 1992), in The Journal of American History (1993): 720-21

Review of Steven B. Smith, Hegel's Critique of Liberalism: Rights in Context (Chicago, 1989), in The Owl of Minerva 23 (1991): 111-15

"Justinian in the Hinterlands: Roman Law as Introduction to a Standard Curricular Course on English Legal History," Legal Education Review 1 (1989): 249-58

Review of T.A. Green, Verdict according to Conscience: Perspectives on the History of the English Criminal Trial Jury, 1200-1800 (Chicago, 1985), in University of Cincinnati Law Review 56 (1987): 557-63

Review of H.S. Harris, Hegel's Development: Night Thoughts (Oxford, 1983), in Journal of Modern History 57 (1985): 584-85

With James L. Robertson, "Bar Committee Undertakes Rewrite of Criminal Code," The Mississippi Lawyer, (May-June 1994): 12-15

EXPERIENCE

1998-: Mississippi Defense Lawyers Association Lecturer in Law

1997-: Professor of Law, University of Mississippi

1991-1997: Mitchell, McNutt, Threadgill, Smith & Sams Lecturer of Law, University of Mississippi Law School

1990-1997: Associate Professor of Law, University of Mississippi Law School

1987-1990: Assistant Professor of Law, University of Mississippi Law School

1984-1987: Associate, Frost & Jacobs, Cincinnati, Ohio

1985-1987: Public Defender Panel, Hamilton County, Ohio

1985-1987: Adjunct Faculty, University of Cincinnati College of Law

ADMITTED TO PRACTICE

Supreme Court of the United States; Supreme Court of Ohio (0000414); District of Columbia Court of Appeals (inactive status); United States Court of Appeals for the Fifth Circuit; United States Court of Appeals for the Sixth Circuit; United States District Court Eastern District of Kentucky; United States District Court Southern District of Ohio

PROFESSIONAL ASSOCIATIONS

American Bar Association; American Association for Justice; American Constitution Society (member and faculty adviser), American Society for Legal History; Hegel Society of America; Bencher emeritus, William C. Keady Inn of Court, American Inns of Court; NAACP (life), OUTlaw (member and faculty advisor)

PAPERS AND CONFERENCES

“The Status of the Necessity Defense in Criminal Cases,” Mississippi College Law School faculty colloquium, March 30, 2007

"Bollywood Filmfest," University of Mississippi Writing Center (selected films and introduced series of contemporary Hindi and Tamil musical melodramas), September 20-23, 2004

"Race in Hegel's Philosophy of Religion," Mississippi State University Department of Philosophy lecture series, October 18 2002

"Hegel, Race, Genocide," Spindel Conference: The Contemporary Relevance of Hegel's Philosophy of Right, University of Memphis, September 22, 2000

"Mississippi Conflict of Laws," C.L.E. program, Natchez, Mississippi, May 13, 2000

"Life and Career of L.Q.C. Lamar," Rotary Club, Sardis, Mississippi, May 13, 1999

"Jefferson vs. Hegel on America," faculty talk, University of Georgia School of Law, December 2, 1998

"Observing Capital Punishment in Arnold Bennett's The Old Wives' Tale," Working Group on Law, Culture & the Humanities, Georgetown University Law Center, March 28, 1998

"The Lawyer as Novelist: the Case of Goethe and The Sorrows of Young Werther," Dean's lecture series, University of Kansas School of Law, April 4, 1997

"Transplanting Hegel's Ideas of Slavery," Conference in Honor of H.S. Harris, York University, Ontario, Canada April 12, 1996

"Mississippi Conflict of Laws," C.L.E. program, Natchez, Mississippi, March 29, 1996

Seminar on Eduard Gans, Bad Homburg, Germany, June 29-July 1, 1995

"Copying Constitutional Text," Symposium on Natural Law, University of Southern California Law School, November 3-5, 1994

"Hegel's Idea of Sublation: Christian Ethics and Criminal Law," American Society for Legal History annual meeting, Washington, DC, October 22, 1994

Session chair, Hegel Society of America, Biennial Meeting, Washington, DC, October 1-2, 1994

COURSES TAUGHT

Private International Law (Conflict of Laws), Civil Procedure, Remedies, Criminal Law, Legal History, Agency & Partnership