John Hart

  • Law Lecturer

Contact

Phone: (206) 616-0221
Email: hart101@uw.edu

John Hart

Education

B.A. 1977, Reed College. J.D. 1980, Yale University

Areas of Expertise

Constitutional Law — Civil Rights

Recent Courses

LAW A 590 Constitutional Law: Equal Protection, Fundamental Rights, Due Process

Selected Publications

  • John F. Hart, Human Law, Higher Law, and Property Rights: Judicial Review in the Federal Courts, 1789-1835, 45 San Diego L. Rev. 823-62 (2008).
  • John F. Hart, Fish, Dams, and James Madison: Eighteenth-Century Species Protection and the Original Understanding of the Takings Clause, 63 Md. L. Rev. 287-319 (2004).
  • John F. Hart, Land Use Law in the Early Republic and the Original Meaning of the Takings Clause, 94 Nw. U. L. Rev. 1099-1156 (2000).
  • John F. Hart, Colonial Land Use Law and Its Significance for Modern Takings Doctrine, 109 Harv. L. Rev. 1252-1300 (1996).

See the full list under the Publications tab below.

Mr. Hart joined the UW faculty as a Law Lecturer in 2013. He has taught Conflict of Laws, Jurisprudence and Constitutional Rights here, as well as a course on Land Use Law and Policy at UW Bothell. Before coming to UW, Mr. Hart taught for nine years at Duke University, where he was a Senior Lecturing Fellow at the Law School and a Visiting Associate Professor in the History Department. He previously taught as a Lecturer at the University of Chicago, in the Law School and in the Law, Letters and Society program in the College. Mr. Hart began his teaching career in 1986 at Widener University School of Law, earning tenure in 1992. He has also taught at the University of Illinois, DePaul University, Valparaiso University and the Chicago-Kent College of Law.

Mr. Hart's research centers on the history of land use regulation in America, a highly politicized field of scholarship that has greatly influenced interpretation of the Takings Clause in the U.S. Constitution. His articles in the Harvard Law Review, the Northwestern University Law Review and other journals have shown that American legislatures extensively regulated private land use in the 17th and 18th centuries, contrary to what historians had previously supposed. His work has persuaded many constitutional law scholars that the purported 'original understanding' of property rights relied on by the Supreme Court in its decisions is grossly erroneous, and that a fundamental revision of the Court's regulatory takings doctrine is warranted. 

The early American laws protecting the habitat of migratory fish in America have featured prominently in Mr. Hart's work. His article on fish protection laws in early Virginia brought to light the fact that Thomas Jefferson drafted and James Madison supported a bill enacted in 1782 that required mill owners to open their dams during spawning season. Madison later expressed concern, moreover, that human activities threatening the extinction of wildlife species would violate the divine ordering of the natural world. These and other findings show that the conventional understanding of Madison's views on property rights is at best highly overgeneralized.

Mr. Hart wrote an amicus brief in Palazzolo v. Rhode Island, 533 U.S. 606 (2001), concerning a wetlands protection law challenged by a land developer as a 'taking' that supposedly departed from basic 'background principles' of Rhode Island property law. Instead, Mr. Hart demonstrated, the challenged wetlands law fell within a long line of Rhode Island legislation dating back to the 17th century. He co-authored another amicus brief addressing related issues in Casitas Municipal Water District v. United States, 543 F.3d 1276 (Court of Appeals for the Federal Circuit 2008), a lawsuit challenging the federal government's protection of endangered salmon in Northern California under the Endangered Species Act.

Among Mr. Hart's current research projects is a history of eminent domain jurisprudence in America from 1700 to 1850. The consensus among scholars and courts has been that 18th century legislatures employed the eminent domain power very narrowly, taking private land only for government projects or for comprehensively regulated enterprises that directly served the general public. This article will show, in contrast, that American legislatures (and the British Parliament in the same era) vigorously exercised the taking power to advance their vision of the common good. Court cases and natural law treatises of that time will be used to show that no one ever claimed that this broad use of the taking power violated constitutional restrictions before 1830. These findings mean that the Supreme Court's approach to the "public use" issue, and the history of law and economic development in America, merit fundamental revision.

Peer Reviewed Journals & Law Reviews

  • John F. Hart, Human Law, Higher Law, and Property Rights: Judicial Review in the Federal Courts, 1789-1835, 45 San Diego L. Rev. 823-62 (2008).
  • John F. Hart, Fish, Dams, and James Madison: Eighteenth-Century Species Protection and the Original Understanding of the Takings Clause, 63 Md. L. Rev. 287-319 (2004).
  • John F. Hart, Land Use Law in the Early Republic and the Original Meaning of the Takings Clause, 94 Nw. U. L. Rev. 1099-1156 (2000).
  • John F. Hart, "A Less Proportion of Idle Proprietors": Madison, Property Rights, and the Abolition of Fee Tail, 58 Wash. & Lee L. Rev. 167-94 (2001).
  • John F. Hart, Expropriation in America Before 1776: Preliminary Observations, 67 Transactions Jean Bodin Soc'y for Comp. Institutional Hist. 335-43 (2000).
  • John F. Hart, "Sovereign" State Policy and State Action Antitrust Immunity, 56 Fordham L. Rev. 535-93 (1998).
  • John F. Hart, Property Rights, Costs, and Welfare: Delaware Water Mill Legislation, 1719-1859, 27 J. Legal Stud. 455-71 (1998).
  • John F. Hart, Forfeiture of Unimproved Land in the Early Republic, 1997 U. Ill. L. Rev. 435-51.
  • John F. Hart, Takings and Compensation in Early America: The Colonial Highway Acts in Social Context, 40 Am. J. Legal Hist. 253-306 (1996).
  • John F. Hart, Colonial Land Use Law and Its Significance for Modern Takings Doctrine, 109 Harv. L. Rev. 1252-1300 (1996).
  • John F. Hart, The Maryland Mill Act, 1669-1766: Economic Policy and the Confiscatory Redistribution of Private Property, 39 Am. J. Legal Hist. 1-24 (1995), reprinted in Property Rights in the Colonial Era and Early Republic 109-32 (James W. Ely, Jr., ed., 1997).
  • John F. Hart, Standing Doctrine in Antitrust Damage Suits, 1890-1975: Statutory Exegesis, Innovation, and the Influence of Doctrinal History, 59 Tenn. L. Rev. 191-259 (1992).

Book Chapters

  • John F. Hart, Takings Clause, in 5 Oxford International Encyclopedia of Legal History 423-25 (Stanley N. Katz ed., 2009).

Book Reviews

  • John F. Hart, Book Review, 42 Comp. Literature 252-55 (1990) (reviewing Richard A. Posner, Law and Literature: A Misunderstood Relation (1988)).
  • Speaker, "Fish, Dams and the Transformation of Eighteenth Century Rhode Island", Triangle Early American History Seminar, (September 1, 2012)

  • Speaker, "Property and the Public Good in Eighteenth Century America", Symposium on Eminent Domain, Vermont Law School (March 29, 2012)

  • Speaker, "Seventeenth-Century Forerunners of Urban Renewal Legislation", 14th National Conference on Planning History, Society of American City and Regional Planning History (November 18, 2011)

  • Speaker, "Takings for Public Use and the Ironies of Original Intent Jurisprudence", American Constitution Society (August 23, 2008)

  • Speaker, "Unwritten Economic Liberties in the Federal Courts, 1789-1835", Conference on Economic Liberties and the Original Understanding, University of San Diego Law School (November 16, 2007)

  • Speaker, "American Values and the "Public Use" Requirement for Government Takings, 1789-1910", Conference on American Values and the Constitution, San Francisco State University (September 17, 2007)

  • Panelist, "The Kelo Case and Its Significance", Duke Law School (February 27, 2007)

  • Panelist, Conference on Property Rights From Magna Carta to the Fourteenth Amendment, University of San Diego Law School (March 15, 2002)

  • Speaker, "Early American Land Use Regulation and the Regulatory Takings Doctrine", Faculty Workshop, Marquette University Law School (April 25, 2000)

  • Speaker, "James Madison, Virginia’s Endangered Fish and the Doctrine of Regulatory Takings", Environmental Research Workshop, Georgetown University Law Center (November 12, 1999)

  • Speaker, "The Regulatory Tradition", Conference on Property Law, Association of American Law Schools (June 5, 1997)

  • Speaker, "Eminent Domain and Constitutionalism in Eighteenth Century America: Land Use and the Selective Protection of Private Property", Philadelphia Center for Early American Studies (February 1, 1994)

  • Speaker, "Confiscatory Condemnation and the Founders' Concept of Eminent Domain: The Maryland Ironworks Act", Annual Meeting, American Society for Legal History (October 23, 1993)