Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second, 122 YALE LAW JOURNAL 852 (2013)

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DARRELL A. H. MILLER University of Cincinnati Telephone: 513-556-0133 College of Law Facsimile: 513-556-1236 P.O. Box 210040 E-mail: darrell.miller@uc.edu Cincinnati, Ohio 45221-0040 SSRN: http://ssrn.com/author=1107305 EDUCATION Harvard Law School 2001 J.D. cum laude Notes Editor, Harvard Law Review Oxford University 1997 (2002) B.A. (Hon.), M.A.* Modern History & English British Marshall Scholar 1995-1997 Anderson University 1994 B.A. summa cum laude English & Education REPRESENTATIVE PUBLICATIONS Articles and Extended Essays Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second, 122 YALE LAW JOURNAL 852 (2013) The Thirteenth Amendment and the Regulation of Custom, 112 COLUMBIA LAW REVIEW 1811 (2012) (invited submission) Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, 86 NEW YORK UNIVERSITY LAW REVIEW 887 (2011) * All work completed in 1997, granted by supplication, 2002. 1

(Representative Publications, cont.) Retail Rebellion and the Second Amendment, 86 INDIANA LAW JOURNAL 939 (2011) Cited by Judge Brett Kavanaugh in dissent in Heller v. District of Columbia (Heller II) (D.C. Cir. 2011) Guns as Smut: Defending the Home-Bound Second Amendment, 109 COLUMBIA LAW REVIEW 1278 (2009) Cited by Justice John Paul Stevens in dissent in McDonald v. City of Chicago White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 FORDHAM LAW REVIEW 999 (2008) State DOMAs, Neutral Principles, and the Möbius of State Action, 81 TEMPLE LAW REVIEW 967 (2008) Shorter Works Book Review of Glenda Gilmore, Defying Dixie: The Radical Roots of Civil Rights, 1919-1950 52 AMERICAN JOURNAL OF LEGAL HISTORY 379 (2012) Racial Cartels and the Thirteenth Amendment Enforcement Power, 100 KENTUCKY LAW JOURNAL 23 (2012) (invited submission) Iqbal and Empathy, 78 UMKC LAW REVIEW 999 (2010) (invited submission) A Thirteenth Amendment Agenda for the Twenty-First Century: Of Promises, Power and Precaution, chapter in THE PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT, Alexander Tsesis editor (Columbia University Press 2010) 2

TEACHING EXPERIENCE & AWARDS University of Cincinnati College of Law Professor (with tenure) Aug. 2012-present Associate Professor 2010-Aug. 2012 Assistant Professor 2007-2010 Courses: Civil Procedure I, Civil Procedure II, Civil Rights Litigation Prizes: Winner, Harold C. Schott Scholarship Award 2011 Winner, Goldman Prize for Excellence in Teaching 2010 Winner, Goldman Prize for Excellence in Teaching 2009 Duke University School of Law Visiting Professor Spring 2012 Courses: Civil Procedure Moritz College of Law, The Ohio State University Adjunct Professor 2005-2006, Fall 2006 Courses: Negotiations (co-taught); Appellate Advocacy REPRESENTATIVE PRESENTATIONS A Meditation on the Thirteenth Amendment as Redemption University of Houston Law School Colloquium (Feb. 2013) The Second Amendment in Theory and Practice Harold Schott Scholarship Award Lecture, University of Cincinnati (Nov. 2012) Historical Tests, (Mostly) Unbalanced Rights, and What the Seventh Amendment Can Teach Us About the Second University of Chicago Law School Public Law and Legal Theory Workshop (Sept. 2012) Historical Tests, (Mostly) Unbalanced Rights, and What the Seventh Amendment Can Teach Us About the Second Seton Hall Law School Colloquium (March 2012) 3

(Representative Presentations, Cont.) The Thirteenth Amendment and the Regulation of Custom Symposia on the Thirteenth Amendment: Meaning, Enforcement, and Contemporary Implications Columbia Law School (Jan. 2012) What the Seventh Amendment Can Teach Us About the Second Southwestern Law School (Los Angeles) (August 2011) What the Seventh Amendment Can Teach Us About the Second University of Cincinnati Summer Workshop (July 2011) Racial Cartels and the Thirteenth Amendment Enforcement Power, Conference on Structural Racism: Inequality in America Today, University of Kentucky (Feb. 2011) Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, University of Pittsburgh Law School Faculty Colloquium (Sept. 2010) Idolizing the Constitution, Speech Delivered at the Constitution Day Address, Anderson University (Sept. 2010) Guest Speaker, Daymar Community College (discussing constitutional aspects of gun control) (Sept. 2010) Panelist, Symposium, Chamber to Chambers: The Second Amendment in the New Century, Northeastern University Law Journal (March 2010) Retail Rebellion and the Second Amendment, presented at Washington & Lee Law School Faculty Colloquium (Feb. 2010) and at the St. Thomas University Law School (Minneapolis) Faculty Colloquium (Feb. 2010) Iqbal and Empathy University of Missouri Kansas City Law School, presented at the Edward A. Smith/Bryan Cave Symposium Enforcing Constitutional Rights in the Twenty-First Century (Oct. 2009) A Thirteenth Amendment Agenda for the Twenty-First Century: Of Promises, Power and Precaution, (originally titled White Cartels and the Civil Rights Act of 1866 ), presented at Slavery, Abolition, & Human Rights: Interdisciplinary Perspectives on the Thirteenth Amendment, University of Chicago School of Law (April 2009) Panelist, Presidential Inauguration Forum, University of Cincinnati (Jan. 2009) Getting Ready for Law and Graduate School Anderson University (Oct. 2008), conducted mock law school class at Anderson University for undergraduates interested in pursuing graduate or legal education 4

(Representative Presentations, Cont.) White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., presented at the Chicago-Kent Law School, Faculty Workshop (Nov. 2008); presented at the Northeast People of Color Conference, Boston University (Sept. 2008); University of Cincinnati Summer Workshop (July 2008) PROFESSIONAL EXPERIENCE Vorys, Sater, Seymour and Pease LLP Litigation Associate 2002-2007 Practiced in areas of appellate advocacy and complex commercial litigation including MDL, class action, and civil fraud litigation Member of firm s Diversity Committee and Litigation Specialization Task Force Hon. R. Guy Cole, Jr., U.S. Court of Appeals for the Sixth Circuit Law Clerk 2001-2002 EDUCATIONAL & CIVIC ACTIVITIES Advisory Board, American Journal of Legal History (2011-present) Board Member, Housing Opportunities Made Equal (H.O.M.E.) (2009-present) ABA/AALS Self-Study Committee, College of Law (2010) Admissions Committee, College of Law (2010-2011) Committee on Committees, College of Law (2008-2009, 2010-2011, 2012-2013) Appointments Committee, College of Law (2008-2009, 2009-2010, 2011-2012) Academic Policy and Curriculum Committee, College of Law (2012-2013) Diversity Committee, College of Law (2010-2011) Panelist, U.C. Admissions Office Prospective Student Open House (2008, 2010) University Faculty Senate (2008-2010) University of Cincinnati Honors Program (2008-present) Faculty consultant for Rhodes & Marshall scholarships 5

(Educational & Civic Activities, Cont.) Anderson University Alumni Council (2007-2012) Instructor, Academic Connections Experience (A.C.E.) Program (2008, 2009, 2010) Presenter, Cincinnati Law and Leadership Program (2009, 2010, 2011, 2012) MEMBERSHIPS Bar Admissions: State of Ohio, U.S. Court of Appeals for the Sixth Circuit; U.S. District Court, Northern District of Ohio; U.S. District Court, Southern District of Ohio Life Member, U.S. Court of Appeals, Sixth Circuit Judicial Conference 6