

McGuinn Hall Room 226
Telephone: 617-552-1896
Email: shep.melnick@bc.edu
Courts; Public Policy
M 4:30-6 pm, W 2-3 pm
R. Shep Melnick is the Thomas P. OāNeill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government.Ā He is the author of The Crucible of Desegregation: The Uncertain Search for Educational EqualityĀ (Univeristy of Chicago Press, 2023);Ā The Transformation of Title IX:Ā Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines:Ā Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts:Ā The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state.Ā In 2012 he received the American Political Science Association Law and Courts Sectionās āLasting Contributionā award.Ā He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College.Ā He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
The Crucible of Desgregation: The Uncertain Search for Educational Equality (University of Chicago Press, 2023)
The Transformation of Title IX:Ā Regulating Gender Equality in EducationĀ (Brookings, 2018)
Taking Stock: American Government in the Twentieth Century, co-edited with Morton Keller (Woodrow Wilson Center and Cambridge Press, 1999)
Between the Lines: Interpreting Welfare Rights (Brookings, 1994)
Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983)
āTitle IX and the Administrative Stateā (with Tamara Rice Lave),Ā AEI Report, Oct.,Ā 2024.
āStill Essential, Still Elusive: Brown v. Board of Education at 70,āĀ Education NextĀ Fall, 2024.
āInside the āAdministrative Stateā: The Enigmatic Office for Civil Rights,āĀ °Õ³ó±šĢż¹ó“Ē°ł³Ü³¾,Ā vol. 22, July, 2024.
āWhose Educational Opportunity?āĀ Marquette Sports Law JournalĢż(2023)
āWest Virginia v. EPAĀ on Climate Change and Administrative Power,ā in MorganĀ Marietta, ed.,Ā SCOTUS 2022: Major Decisions and Developments of theĀ Supreme CourtĢż(2022)
āDesegregation, Then and Now,ā National Affairs, Winter, 2020
āAnalyzing the Department of Educationās final Title IX rules on sexual misconduct,ā Brookings Report, June 11, 2020
āThe Title IX Spotlight Shifts from the Campus to the Schoolhouse,ā ·”»å³Ü³¦²¹³Ł¾±“Ē²ŌĢż±·±š³ę³Ł, May 27, 2020
āThe Mismeasure of āEnforcement,āā Education Next Blog, February, 2020
āThe Department of Educationās Proposed Sexual Harassment Rules:Ā Looking Beyond the Rhetoric,ā Brookings Brief, January, 2019
āThe Strange Evolution of Title IX,ā National Affairs, Summer, 2018
āRethinking Federal Regulation of Sexual Harassment:Ā The Need for Debate, not Demagoguery in the Age of Trump,ā Education Next, Winter, 2018
āSexual Harassment and the Evolving Civil Rights State,ā in Lynda Dodd, ed., TheĀ Rights Revolution Revisited:Ā Institutional Perspectives on the PrivateĀ Enforcement of Civil Rights in the U.S. (Cambridge, 2018)
āScaliaās Dilemmas as a Conservative Jurist,ā in Paul E. Peterson and Michael W. McConnell, eds., Scaliaās Constitution:Ā Essays on Law and EducationĀ (Palgrave Macmillan, 2018)
āAdversarial Legalism, Civil Rights, and the Exceptional American State,ā in Thomas Burke and Jeb Barnes, eds., Varieties of Legal Order:Ā The Politics of Adversarial and Bureaucratic Legalism (Routledge, 2017)
āGridlock and the Madisonian Constitution,ā in Benjamin Wittes and Pietro Nivola, eds., What Would Madison Do?Ā The Father of the Constitution MeetsĀ Modern American Politics (Brookings, 2015)
āThe Gridlock Illusion,ā The Wilson Quarterly (Winter, 2013)
āPolitics as a Vocation: An Appreciation of the Life and Work of James Q. Wilson,ā The Forum, vol. 10, #1 (May, 2012)
āTaking Remedies Seriously:Ā Can Courts Control Public Schools?ā in Joshua Dunn and Martin West, eds., From Schoolhouse to Courthouse:Ā The Judiciaryās Role in American Education (Brookings, 2009)
Martin Shapiroā in Thomas Ginsburg and Robert Kagan, eds., Institutions and Public Law (Peter Lang, 2005)
āFrom Tax-and-Spend to Mandate-and-Sue:Ā Liberalism After the Great Societyā in Sidney Milkis and Jerome Mileur, eds., The Great Society and the High Tide of Liberalism (University of Massachusetts Press, 2005)
Ā āConstitutional Bureaucracy,ā in Mark Blitz and William Kristol, eds., EducatingĀ the Prince: Essays in Honor of Harvey Mansfield (Rowman and Littlefield, 2000)
āSeparation of Powers and the Strategy of Rights:Ā The Expansion of Special Education,ā in Landy and Levin, eds., The New Politics of Public PolicyĀ (Johns Hopkins University Press, 1995)
āAdministrative Law and Bureaucratic Reality,ā Administrative Law ReviewĀ (Summer, 1992)
Ā āPollution Deadlines and The Coalition for Failure,ā The Public Interest, (Spring, 1984); reprinted with a new epilogue in Environmental Politics:Ā Public
Costs, Private Rewards, Greve and Smith, eds., (Praeger, 1992)
āThe Courts, Congress, and Programmatic Rights,ā in Remaking AmericanĀ Politics, Milkis and Harris, eds. (Westview, 1989)