Toni M. Massaro

Professor Toni Massaro received her B.S. degree, with highest distinction, from Northwestern University. She obtained her law degree from the College of William and Mary, where she served as Editor-in-Chief of the William and Mary Law Review. Massaro was in private practice in Chicago with Vedder, Price, Kaufman and Kammholz. She also has taught at Washington and Lee University, Stanford University, UNC-Chapel Hill, the University of Florida, and Johann Wolfgang Goethe University in Frankfurt, Germany.

Prof. Massaro joined the faculty at the University of Arizona College of Law in 1989. From 1997-2022, she was the Milton O. Riepe Chair in Constitutional Law. In 2022, she became the Milton O. Riepe Chair in Constitutional Law Emerita.  In 2006, she was named a Regents Professor by the Arizona Board of Regents. From 1999 - 2009, she served as Dean of the College of Law, the first woman to hold that post.  From 2020-21, she was the Interim Director of the Agnese Nelms Haury Program.  Since 2021, she has been the Executive Director of the Haury Program.

Prof. Massaro is the author of The Arc of Due Process in American Constitutional Law (with E. Thomas Sullivan), Constitutional Literacy:  A Core Curriculum for a Multicultural Nation, and Civil Procedure:  Cases and Problems (with Barbara Allen Babcock and Norman Spaulding). She also is the author of dozens of law review articles on constitutional law, shame penalties, and law and emotion. Massaro’s publications have appeared in the Stanford Law Review, NYU Law Review, Northwestern Law Review, Notre Dame Law Review,  Michigan Law Review, UNC Law Review, USC Law Review, Minnesota Law Review, Columbia Human Rights Law Review, and William and Mary Law Review, among others.  She currently teaches Constitutional Law I and Freedom of Expression. Prof. Massaro is an nine-time recipient of the Teacher of the Year Award. She currently serves as the Executive Director of the Agnese Nelms Haury Program on Social and Environmental Justice at the University of Arizona.

ORCID

SSRN Published Papers

Representative Publications

• Gods to Google, forthcoming 134 Yale L. J. (2024) (with Rebecca Aviel, Margot Kaminski, and Andrew K. Woods)
• Book Review, How Machines Came to Speak: Media Technologies and Freedom of Speech, forthcoming,  Law, Culture and the Humanities (2024)
• Respectful Tribal Partnerships: What Philanthropy Can Learn From the Navajo Nation’s Collaborative Response to the COVID-19 Crisis,  14(2)  The Foundation Review 93 (2022)( with Petersen, Chief, Tulley, and Tulley-Cordova)
• Pandemics and the Constitution, 2022 U. Ill L. Rev. 229  (with Justin Pidot and Marvin Slepian)
• Free Speech and Democracy: A Primer for Twenty-First Century Reformers (54 UC Davis Law Review 1631 (2021), Arizona Legal Studies Discussion Paper No. 20-27, U of Colorado Law Legal Studies Research Paper No. 20-43_ Last Revised: 26 Feb 2021 Toni M. Massaro and Helen L. Norton)
• Artificial Intelligence and the First Amendment, in Research Handbook on Law and Artificial Intelligence (Woodrow Barfield, ed.,  2018) (co-author, with Helen Norton).
• Constitutional Cities: Sanctuary Jurisdictions, Local Voice, and Individual Liberty, 50 Colum. Hum. Rts. Rev. 1 (2018) (co-author, with Shefali Milczarek-Desai).
• Civil Procedure: Cases and Problems (6th ed. 2017) (co-author, with Barbara Allen Babcock & Norman W. Spaulding).
• FLINT of Outrage, 93 Notre Dame L. Rev. 155 (2017) (co-author, with Ellen Elizabeth Brooks).
• Chilling Rights, 88 U. Colo. L. Rev. 33 (2017).
• SIRI-OUSLY 2.0: What Artificial Intelligence Reveals About the First Amendment, 101 Minn. L. Rev. 2481 (2017) (co-author, with Helen Norton & Margot E. Kaminski).
• Siri-ously? Free Speech Rights and Artificial Intelligence, 110 Northwestern L. Rev. 1169 (2016) (co-author, with Helen Norton).
• The Lawfulness of the Same-Sex Marriage Decisions: Charles Black on Obergefell, 25 Wm. & Mary Bill Rts. J. 321 (2016).
• Outrageous and Irrational, 100 Minn. L. Rev. 281 (2015) (co-author, with Jane Bambauer).
• Nuts and Seeds: Mitigating Third-Party Harms of Religious Exemptions, Post-Hobby Lobby, 92 Denver U. L. Rev. 325 (2015).
• Tread on Me!, 17 U. Pa. J. Const. L. 365 (2014).
• The Arc of Due Process in American Constitutional Law (Oxford University Press 2013) (co-author, with E. Thomas Sullivan).
• Civil Procedure: Cases and Problems (5th ed. 2013) (co-author, with Barbara Allen Babcock & Norman W. Spaulding).
• Freedom of Speech, Liberal Democracy, and Emerging Evidence on Civility and Effective Democratic Engagement, 54 Ariz. L. Rev. 375 (2012) (co-author, with Robin Stryker).
• Foreign Nationals, Electoral Spending, and the First Amendment, 34 Harv. J.L. & Pub. Pol'y 663 (2011).
• Christian Legal Society v. Martinez: Six Frames, 38 Hastings Const. L.Q. 569 (2011).
• Complete List of Publications

Education

• J.D. College of William and Mary
  1980
  Order of the Coif; Editor-in-Chief of the William and Mary Law Review
• B.S. Northwestern University
  1977
  Graduated with Highest Distinction

Admitted to Practice

• United States Supreme Court
• Arizona
• Illinois (inactive status)

Work Experience

Public & Institutional Service

Awards