Ph.D., Yale University
J.D., Yale Law School
M.A., Yale University
A.B., Princeton University
Jud Mathews' scholarship brings a comparative and interdisciplinary approach to questions of public law. He has written extensively about techniques of constitutional rights adjudication, in the United States and in other jurisdictions, and in particular about proportionality review. His scholarship in administrative law has explored, among other topics, the political economy of judicial deference doctrines and the tensions between administrative law and democratic theory. He is the author of two books published by Oxford University Press, Extending Rights’ Reach: Constitutions, Private Law, and Judicial Power, and Proportionality Balancing and Constitutional Governance: A Global and Comparative Approach (co-written with Alec Stone Sweet).
Prior to joining Penn State Law, Professor Mathews was a visiting assistant professor at the University of Illinois College of Law. After law school, he worked as a law clerk for Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit. Professor Mathews has been awarded a research fellowship from the Alexander von Humboldt Foundation to support research at the Humboldt University of Berlin during the 2021-22 academic year.
"Rights, Proportionality, and Constitutional Governance: A Comparative and Global Approach," (Oxford University Press, 2019) (with Alec Stone Sweet).
"Extending Rights’ Reach: Constitutions, Private Law, and Judicial Power," (Oxford University Press, 2018).
Articles, Book Chapters, etc.
Proportionality Review in Pennsylvania Courts, 92 Penn. Bar Ass’n Quart. (forthcoming 2021) (with Stephen F. Ross)
Trump as Administrator in Chief: A Retrospective, in The American Presidency After Donald Trump (Giuseppe Franco Ferrari ed., Eleven, forthcoming 2021).
Proportionality Review and Rights Protection, in The Oxford Handbook of Constitutional Law in Asia (David S. Law, Holning Lau, and Alex Schwartz eds., Oxford University Press, forthcoming 2021) (with Alec Stone Sweet).
"Reasonableness and Proportionality," in The Oxford Handbook of Comparative Administrative Law (Peter Cane, Herwig Hofmann, Eric Ip, and Peter Lindseth eds., Oxford University Press, 2021).
"Some Kind of Right," 21 German Law Journal 40 (2020).
Book Review, 21 German Law Journal 299 (2020) (reviewing Günter Frankenberg, Comparative Constitutional Studies: Between Magic and Deceit (2018).
"Presidential Administration in the Obama Era," in The U.S. Supreme Court and Contemporary Constitutional Law: The Obama Era and Its Legacy (Anna-Bettina Kaiser, Niels Petersen, and Johannes Saurer eds., Routledge/Nomos, 2019) 67.
"Rights in the Balance," Review of Francisco J. Urbina, A Critique of Proportionality and Balancing, 22 Rev. Const. Stud. 225 (2018).
"The State Action Doctrine and the Logic of Constitutional Containment," 2016 U. Ill. L. Rev. 655 (2017)
"Proportionality Review in Administrative Law," in Comparative Administrative Law (2017, Edward Elgar)
"Minimally Democratic Administrative Law," 68 Admin. L. Rev. (2016).
"Strategic Delegation, Discretion, and Deference: Explaining the Comparative Law of Administrative Review," 62 Am. J. Comp. L. 101 (2014) (with Nuno Garoupa)
"Deference Lotteries," 91 Tex. L. Rev. 1349 (2013)
"All Things in Proportion? American Rights Review and the Problem of Balancing," 60 Emory L.J. 797 (2011) (with Alec Stone Sweet)
“Proportionality Balancing and Global Constitutionalism,” 47 Colum. J. Transat'l L. 72 (2008) (with Alec Stone Sweet)