Gerry Leonard

Gerald F. Leonard

Professor of Law

Law Alumni Scholar
Yanakakis Faculty Scholar

AB, Oberlin College
PhD in History, University of Michigan
JD magna cum laude, University of Michigan


Biography

Gerald Leonard is a leading historian of American constitutionalism. He is the author of two books that helped launch and extend the “constitutional politics,” or “popular constitutionalism,” approach to American constitutional history: The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780s-1830s (Cambridge University Press, 2019) (with Saul Cornell), and The Invention of Party Politics: Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois (University of North Carolina Press, 2002). His other writings have offered reevaluations of the Dred Scott case, Thomas Jefferson’s constitutional thought, Oliver Wendell Holmes’s philosophies of constitutional and criminal law, and the history of American approaches to substantive criminal law. He is coeditor of the pamphlet series, New Essays on American Constitutional History, for the American Historical Association. Professor Leonard also writes about contemporary criminal law, challenging conventional views about mistake of law and about federal sentencing, among other matters.

A faculty member since 1997, and Law Alumni Scholar since 2007, Professor Leonard served as associate dean for academic affairs from 2006 to 2009. Before coming to BU, Professor Leonard clerked for the Honorable David Souter of the United States Supreme Court and for the Honorable J. Dickson Phillips, Jr., of the United States Court of Appeals for the Fourth Circuit.

Publications

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  • Matthew Crow, Katlyn Marie Carter, Graham G. Dodds, Jessica K. Lowe, Stephen J. Rockwell, Saul Cornell & Gerald F. Leonard, The Partisan Republic: Democracy. Exclusion, the the Fall of the Founders' Constitution, 1780s-1830s 16 Federal History Journal (2024)
    Scholarly Commons
  • Gerald F. Leonard, Review of Daniel Webster and the Unfinished Constitution by Peter Charles Hoffer 52 Journal of Interdisciplinary History (2022) (book review)
    Scholarly Commons
  • Gerald F. Leonard, Review of The Injustices of Rape: How Activists Responded to Sexual Violence, 1950–1980 by Catherine O. Jacquet 107 Journal of American History (2021) (book review)
    Scholarly Commons
  • Gerald F. Leonard & Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (2019)
    Scholarly Commons
  • Gerald F. Leonard, Jefferson's Constitutions, in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham (2014)
    Scholarly Commons
  • Gerald F. Leonard, Fletcher v. Peck and Constitutional Development in the Early United States 47 U. C. Davis Law Review (2014)
    Scholarly Commons
  • Gerald F. Leonard & Christine Dieter, Punishment Without Conviction: Controlling the Use of Unconvicted Conduct in Federal Sentencing 17 Berkeley Journal of Criminal Law (2012)
    Scholarly Commons
  • Gerald F. Leonard, Law and Politics Reconsidered: A New Constitutional History of Dred Scott 34 Law and Social Inquiry (2009)
    Scholarly Commons
  • Saul Cornell & Gerald F. Leonard, The Consolidation of the Early Federal System, 1791-1812, in The Cambridge History of Law in America (Michael Grossberg & Christopher Tomlins,2008)
    Scholarly Commons
  • Gerald F. Leonard, Civilizing Darwin: Holmes on Criminal Law, in Modern Histories of Crime and Punishment (Markus D. Dubber & Lindsay Farmer,2007)
    Scholarly Commons
  • Gerald F. Leonard, Iredell Reclaimed: Farewell to Snowiss's History of Judicial Review 81 Chicago-Kent Law Review (2006)
    Scholarly Commons
  • Gerald F. Leonard, Holmes on the Lochner Court 85 Boston University Law Review (2005)
    Scholarly Commons
  • Gerald F. Leonard, Towards a Legal History of American Criminal Theory: Culture and Doctrine from Blackstone to the Model Penal Code 6 Buffalo Criminal Law Review (2003)
    Scholarly Commons
  • Gerald F. Leonard, The Invention of Party Politics: Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois (2002)
    Scholarly Commons
  • Gerald F. Leonard, Party as a "Political Safeguard of Federalism": Martin Van Buren and the Constitutional Theory of Party Politics 54 Rutgers Law Review (2001)
    Scholarly Commons
  • Gerald F. Leonard, Rape, Murder, and Formalism: What Happens If We Define Mistake of Law? 72 University of Colorado Law Review (2001)
    Scholarly Commons
  • Gerald F. Leonard, Federal Law and Athletic Eligibility for Students with Disabilities 27 School Law Bulletin (1996)
    Scholarly Commons
  • Gerald F. Leonard, The Ironies of Partyism and Antipartyism: Origins of Partisan Political Culture in Jacksonian Illinois 87 Illinois Historical Journal (1994)
    Scholarly Commons
  • Gerald F. Leonard, Partisan Political Theory and the Unwritten Constitution: The Origins of Democracy in Illinois, 1818-1840 (1992) (Dissertation, The University of Michigan)
    Scholarly Commons

In the Media

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  • National Constitution Center June 17, 2026

    The Constitution and the Courts at the 250th

    Gerald F. Leonard speaks at The Constitution Center.
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  • The Daily Free Press April 17, 2025

    BU Faculty Sign Letter Advocating Resistance to Trump Administration

    Gerry Leonard is quoted.
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  • WBUR May 18, 2023

    Mass. High Court Says Pedestrians Could Challenge Arrests for Racial Bias

    Gerald F. Leonard appears on a radio show.
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  • Hi-Fi Nation podcast June 15, 2020

    The Loophole: When an Acquittal Isn’t Really an Acquittal

    Gerald Leonard interviewed.
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Stories from The Record

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Activities & Engagements

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Courses

LAW JD 946

Criminal Law

4 credits

Examines the basic principles of substantive criminal law, including the justifications for punishment, the essential elements of offenses, mitigating and exculpating defenses, and different forms of criminal liability.


SPRG 2027: LAW JD 946 A1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Jasmine Gonzales Rose
SPRG 2027: LAW JD 946 B1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Karen Pita Loor
SPRG 2027: LAW JD 946 C1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Benjamin David Pyle
SPRG 2027: LAW JD 946 D1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Mon,Wed,Thu 9:00 am 10:20 am 4 Gerald F. Leonard
SPRG 2027: LAW JD 946 E1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Emmanuel Hiram Arnaud
SPRG 2027: LAW JD 946 F1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Zohra Ahmed
LAW JD 987

Criminal System: Theory and Practice

3 credits

This seminar will combine an externship field placement for each student with critical analysis of selected issues in the practice of American criminal justice. Students will combine reading and research on the American system of criminalization with their own careful reflections on their experiences in their crime-related externships. Crime related externships may include: Suffolk County DA's Office, Superior Court Units; CPCS, Superior Court Units; Prisoners Legal Services; Boston Police Department; and any other setting that provides legal experience in a crime-related setting. The weekly subject matter of the seminar may depend in part on the precise externship placements of the students but will likely include a selection from the following list: the practice of misdemeanor courts; the practice realities of indigent defense; the salience of race, gender, and class in the criminal system; family and community impact of criminal justice policies and practices; police violence and culture; plea bargaining; prosecutorial discretion; police discretion; the experience of incarceration (including prisoners' rights, solitary confinement, prison violence, and other matters); alternatives to prison; the theory and practice of reentry into the community; and other topics. We will also look at comparisons with criminal systems in other countries and avenues for reform. Students will make presentations to the group and execute substantial written assignments. LIMITED WRITING REQUIREMENT OPTION: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar after consultation with the instructor. NOTE: This class may be used for credits toward Experiential Learning requirement or the upper-class writing requirement. This class may not be used to satisfy more than one requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.


FALL 2026: LAW JD 987 A1, Aug 31st to Dec 3rd 2026
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 3 Gerald F. Leonard