Jacob Eisler

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Eisler headshot

Jacob Eisler

Position
James Edmund and Margaret Elizabeth Hennessey Corry Professor
Contact Information

Florida State University
College of Law
Main Classroom Building, Room 301
Phone: 850.645.0365
jeisler@law.fsu.edu

Education

Ph.D., Political Science, Harvard University, 2016
J.D., Harvard University, 2010
M.Phil., Political Thought and Intellectual History, Emmanuel College, University of Cambridge, 2006
B.A., Williams College, 2004

Jacob Eisler joined Florida State University College of Law in 2023 at the James Edmund and Margaret Elizabeth Hennessey Corry Professor. Professor Eisler researches in the areas of constitutional law, election law, criminal law (focused on anti-corruption law), legal theory, and law and technology. He applies moral and political theory to questions of judicial reasoning and institutional design, with a focus on the relationship between the Supreme Court’s doctrine, democratic self-rule, and the conditions necessary for political liberty. He is the author of "The Law of Freedom: The Supreme Court and Democracy" (Cambridge University Press, 2023), and his scholarship is published or forthcoming leading law reviews and peer reviewed journals, including the Emory Law Journal, the UC Davis Law Review, the Pennsylvania Journal of Constitutional Law, and the Election Law Journal. He is regularly interviewed or quoted in leading media outlets nationally and internationally on matters related to the law and politics.

At Florida State, Professor Eisler teaches Constitutional Law I (Structure), Constitutional Law II (Rights), and Criminal Law. He has past experience teaching subjects including tort law, jurisprudence, and EU law. Prior to joining Florida State, Professor Eisler taught at the Jesus College, University of Cambridge as the Yates Glazebrook Fellow and college lecturer in Law, and the University of Southampton as an associate professor (Reader) in Public Law. Before entering the legal academy, he clerked on the Second Circuit Court of Appeals for the Honorable Gerard E. Lynch in New York City, and practiced as an international capital markets attorney in London with Allen & Overy and Herbert Smith Freehills. He received his J.D. from Harvard Law School and his Ph.D. from the Harvard University Department of Government, his MPhil. in political thought and intellectual history from the University of Cambridge, and his B.A. in political science and english from Williams College. Professor Eisler is New York bar qualified.

Select Recent and Forthcoming Publications

Books
One Person, One Vote, in The Oxford Handbook of American Election Law (Eugene Mazo ed., Oxford University Press, forthcoming 2024)

A. v. National Blood Authority: An Experiment in Radical Consumer-centric Strict Liability for Products, in Landmark Cases in Consumer Law (Hart, Jodi Gardner and Iain Ramsay, eds., 2023)

The Law of Freedom: The Supreme Court and Democracy (Cambridge University Press 2023)

Campaign Speech and the Universal Dilemma in the Common Law of Elections: A Lesson from the Anglo-American Divide, in Comparative Election Law (Edward Elgar; Jim Gardner, ed., 2022)

Data-Driven Personalisation in Markets, Politics and Law (co-editor with Uta Kohl) (Cambridge University Press 2021)

Articles
Discrimination, Private Liberty, and Public Accommodations Law, 12 Tex. A&M. L. Rev. (forthcoming 2025)

303 Creative, Public Accommodations Law, and the Many Possible Futures of Rights, 32 Wm & Mary Bill Rts. J. (forthcoming 2024) (introduction to invited symposium)

Polarized Countermajoritarianism, 26 U. Pa. J. Con. L. 665-726 (2024)

Rethinking the Government Speech Doctrine, Post-Trump (with Michael Kang), 2022 U. Ill. L. Rev. 1943

Conceptualising Corruption and the Rule of Law, 85 Modern L. Rev. 1072 (2022)

Constitutional Formalities, Power Realities, and Comparative Anglophone Responses to Foreign Campaign Meddling, 20 Election L. J. 32 (2021)

The Limits and Promise of Instrumental Legal Analysis, 47 J. Law & Soc’y 499 (2020)

Dissonant Referendum Design and Turmoil in Representation, Public Law 622 (2019)

Partisan Gerrymandering and the Constitutionalization of Statistics, 68 Emory L. J. 978 (2019)

Partisan Gerrymandering and the Illusion of Unfairness, 67 Cath. U. L. Rev. 229 (2018)

McDonnell and Anti-Corruption’s Last Stand, 50 UC Davis L. Rev. 1619 (2017)

The Deep Patterns of Campaign Finance Law, 49 Conn. L. Rev. 57 (2016)

The Unspoken Institutional Battle over Anti-Corruption: Citizens United, Honest Services, and the Legislative-Judicial Divide9 First Amend. L. Rev. 363 (2011)