ERIN MORROW HAWLEY
University of Missouri School of Law
Columbia, MO 65201
(573) 823-1256
hawleye@missouri.edu
EDUCATION
YALE LAW SCHOOL, New Haven, Connecticut
J.D., May 2005
The Yale Law Journal, Editor
Yale Journal on Regulation, Executive Editor
Coker Fellow Teaching Assistant, Constitutional Law
UNIVERSITY OF TEXAS SCHOOL OF LAW, Austin, Texas
J.D. Candidate, August 2002 – May 2003, GPA 4.21/4.3
Texas Law Review, selected for membership
Presidential Scholar
TEXAS A&M UNIVERSITY, College Station, Texas
B.A., Animal Science, GPA 4.0/4.0
Senior Merit Award
2001 All-American Livestock Judging Team
EMPLOYMENT
UNIVERSITY OF MISSOURI SCHOOL OF LAW, Columbia, MO
Associate Professor of Law, July 2011 – present
BANCROFT LLP, Washington DC
Of Counsel, February 2012 – present
KING & SPALDING LLP, Washington, DC
Appellate Associate, May 2009 – June 2011
GEORGE MASON UNIVERSITY SCHOOL OF LAW, Washington, DC
Adjunct Professor in Federal Courts, Spring Semester 2009 & Spring Semester 2010
THE DEPARTMENT OF JUSTICE, Washington, DC
Counsel to Attorney General Michael B. Mukasey, September 2008 – January 2009
THE HONORABLE CHIEF JUSTICE JOHN G. ROBERTS, Supreme Court of the United States
Law Clerk, July 2007 – July 2008
THE HONORABLE J. HARVIE WILKINSON, III, U.S. Court of Appeals for the Fourth Circuit
Law Clerk, June 2006 – June 2007
KIRKLAND & ELLIS LLP, Washington, DC
Litigation Associate, October 2005 – June 2006
Hawley, 2 of 3
PUBLICATIONS
Agri-Environmentalism: A Farm Bill for 2007, 38 TEX. TECH L. REV. 345 (Winter 2007).
Proposing agricultural policy reforms to align more closely economic and environmental
sustainability
The Environmental Front: Cultural Warfare, 25 J. LAND RESOURCES & ENVTL. L. 183 (2005).
Analyzing the legal and cultural effect of the Endangered Species Act; proposing alternative
mechanisms to encourage local cooperation
WORKS IN PROGRESS
Jurisdictional Pre-Conditions to Suit: A Way Forward
Analyzing the Supreme Court’s current and historical treatment of preconditions to suit and
arguing that the current framework which imposes a clear statement requirement upon Congress is
inconsistent with separation of powers principles.
The Jurisdictional Implications of the Anti-Injunction Act
Arguing that the present arguments in favor of finding the Anti-Injunction Act to be a
jurisdictional statute fall short of the mark, but that when considered in its proper historical
common-law context, the Anti-Injunction Act is a sort of jurisdictional statute that nevertheless
permits waiver and equitable exceptions.
REPRESENTATIVE LITIGATION
 National Federation of Independent Business v. Sebelius (U.S. Supreme Court) – Represented 26 states in
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the healthcare litigation; drafted brief arguing that the Anti-Injunction Act is not jurisdictional.
Benabbi v. Mukasey (7th Circuit) – Represented the United States as counsel of record; successfully
argued that appellant was not entitled to asylum.
Schmidt v. Mukasey (9th Circuit) – Represented the United States as counsel of record; authored
successful briefs arguing that appellant was not entitled to withholding of removal.
Standard Fire Insurance Co. v. Knowles (U.S. Supreme Court) – Authored amicus curiae brief arguing
that the Class Action Fairness Act does not permit splintered class actions.
Hillbloom v. PricewaterhouseCoopers LLP (D.C. Court of Appeals) – Represented respondent as
counsel of record in multi-million dollar trust dispute; authored brief and argued before the D.C.
Court of Appeals.
Smith v. United States (D.C. Court of Appeals) – Represented petitioner as counsel of record;
authored briefs and argued before the D.C. Court of Appeals urging the court to vacate
petitioner’s guilty plea on ineffective assistance of counsel and Second Amendment grounds.
Philip Morris v. Scott (U.S. Supreme Court) – Obtained stay of judgment pending certiorari in major
class action litigation.
Bingham v. Thomas (11th Circuit) – Represented petitioner as counsel of record. Authored briefs
successfully appealing the district court’s sua sponte dismissal of petitioner’s § 1983 complaint.
Williamson v. Mazda (U.S. Supreme Court) – Authored amicus curiae brief arguing that Geier
preemption governed state tort action.
GE Capital Aviation Services v. Pemco World Air Services (Alabama Supreme Court) – Won reversal of
jury verdict in contract and fraud action involving a punitive damages award.
Hawley, 3 of 3
 Hilb Rogal & Hobbs Insurance Services v. Indian Harbor Insurance (9th Circuit) – Authored petitioner’s
briefs arguing that a pending and prior litigation exclusion did not apply in an insurance dispute.
 Morgan v. Plano Indep. Sch. Dist. (5th Circuit) – Drafted amicus curiae brief for the Barnette sisters
(West Virginia v. Barnette, 319 U.S. 624 (1943)), successfully arguing that, under clearly established
law, the First Amendment’s free speech guarantee applies in elementary schools.
 Greenberg v. National Geographic Society (11th Circuit) – Represented defendant in a copyright action.
Drafted brief obtaining reversal of the district court’s finding of copyright infringement.
 Ariad Pharmaceuticals v. Eli Lilly & Co. (Federal Circuit; en banc) – Drafted successful amicus curiae
brief for Google Inc. and Verizon Communications Inc. arguing that the patent laws require a
written description in addition to enablement.
RESEARCH & TEACHING INTERESTS
Federal Income Tax & Tax Policy
Agricultural Law
Environmental Law
Federal Courts
BAR ADMISSIONS
U.S. Supreme Court
Missouri Bar
New Mexico State Bar
District of Columbia Bar
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Federal Circuit