J. Gordon Hylton

  • Professor of Law, General Faculty

J. Gordon Hylton is a graduate of Oberlin College and the University of Virginia Law School. He also holds a Ph.D. in the history of American civilization from Harvard University and formerly clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I'Anson of the Virginia Supreme Court.

Before joining the UVA Law faculty, Hylton taught as a visitor at UVA and on the faculty of Marquette Law School, which he joined in 1995. He previously taught at the Chicago-Kent College of Law of the Illinois Institute of Technology, and has served as a visiting professor of law at Washington University, Washington and Lee University, and the University of Virginia. During the 2000-01 academic year he was the Fulbright Professor of Law at Kyiv-Mohyla Academy in Kiev, Ukraine.

He is a former member of the Diversity Committee of the American Bar Association's Section on Legal Education and Admission to the Bar. He is also past chair of the Association of American Law School's Sections on Legal History and Sports Law and was the Marquette representative to the American Society of Comparative Law and the International Association of Law Schools.

Hylton is a past recipient of the Gihardi Award for Excellence in Teaching and the teaching award presented by the Marquette Chapter of Phi Delta Phi Legal Fraternity. Earlier in his career he was named professor of the year at the Chicago-Kent Law School on three occasions, and was twice the recipient of the Illinois Institute of Technology's award for superior teaching. He is also the only visiting professor to be named professor of the year at Washington University Law School.

His current research interests focus on the history of the legal profession, the history of civil rights and the legal history of American sports.

Education

  • Ph.D.
    Harvard University
    1986
  • J.D.
    University of Virginia School of Law
    1977
  • M.A.
    University of Virginia
    1978
  • A.B.
    Oberlin College
    1974

Books:

Property Law and the Public Interest: Cases and Materials (with David L. Callies and Daniel R. Mandelker) (Carolina Academic Press, 4th ed. 2016).

Sports Law and Regulation (editor with Paul M. Anderson) (Nat’l Sports Law Inst., 1999).

Professional Values and Individual Autonomy: The United States Supreme Court and Lawyer Advertising (1998).

Articles:

“How FIFA Used the Principle of Autonomy of Sport to Shield Corruption in the Sepp Blatter Era,” 32 Md. J. Int'l L. 134 (2017).

“Probating Prince’s Estate: Who Will End Up With the Singer’s Substantial Intellectual Property?,” 8 Cybaris 1 (2016).
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“The Over-Protection of Intellectual Property Rights in Sport in the United States and Elsewhere,” 21 J. Legal Aspects Sport 43 (2011).

“Before the Redskins Were the Redskins: The Use of Native American Team Names in the Formative Era of American Sports, 1857-1933,” 86 N.D. L. Rev. 879 (2010).

“The Perils of Popularity: David Josiah Brewer and the Politics of Judicial Reputation,” 62 Vand. L. Rev. 567 (2009).

“The Major League Baseball Players Association and the Ownership of Sports Statistics: The Untold Story of Round One,” 17 Marq. Sports L. Rev. 87 (2006).

“A Foul Ball in the Courtroom: The Baseball Spectator Injury As A Case of First Impression,” 38 Tulsa L. Rev. 485 (2003).

“The Historical Origins of Professional Baseball Grievance Arbitration,” 11 Marq. Sports L. Rev. 175 (2001).

“Baseball Cards and the Birth of the Right of Publicity: The Curious Case of Haelan Laboratories v. Topps Chewing Gum,” 12 Marq. Sports L. Rev. 273 (2001).

“John Rocker: The Historical Origins of Professional Baseball Grievance Arbitration,” 11 Marq. Sports L. Rev. 175 (2001).

“Ellison As Social Critic: A Party Down at the Square and the Problem of Lynching,” 26 Okla. City U. L. Rev. 1009 (2001).

Comment, “Property Rights in John Marshall's Virginia: The Case of Crenshaw and Crenshaw v. Slate River Company,” 33 J. Marshall L. Rev. 1175 (2000).

“Prelude to Euclid: The United States Supreme Court and the Constitutionality of Land Use Regulation, 1900-1920,” 3 Wash. U. J.L. & Pol'y 1 (2000).

“The Curt Flood Act: Why Baseball's Antitrust Exemption Still Survives,” 9 Marq. Sports L.J. 391 (1999).

“The Bar Association Movement in Nineteenth Century Wisconsin,” 81 Marq. L. Rev. 1029 (1998).

“David Josiah Brewer and the Christian Constitution,” 81 Marq. L. Rev. 417 (1998).

Book Review, 8 Marq. Sports L.J. 455 (1998) (reviewing Roger I. Abrams, Legal Bases: Baseball and the Law (1998)).

“The Wisconsin Lawyer in the Gilded Age: A Demographic Profile,” 1998 Wis. L. Rev. 765 (1998).

“Is a Prosecutor Who Gives Sworn, but False, Statements to Obtain an Arrest Warrant Entitled to Absolute Immunity from Suit?” 1997 Preview U.S. Sup. Ct. Cases 49.

“Are Alabama Sheriffs County Officials for Purposes of Local Governmental Liability under Federal Civil Rights Law, 1997 Preview U.S. Sup. Ct. Cases 372.

“American Civil Rights Laws and the Legacy of Jackie Robinson,” 8 Marq. Sports L.J. 387 (1998).

“The African-American Lawyer, the First Generation: Virginia As A Case Study,” 56 U. Pitt. L. Rev. 107 (1994).

“The Judge Who Abstained in Plessy v. Ferguson: Justice David Brewer and the Problem of Race,” 61 Miss. L.J. 315 (1991).

“James Madison, Virginia Politics, and the Bill of Rights,” 31 Wm. & Mary L. Rev. 275 (1990).

“Virginia and the Ratification of the Bill of Rights, 1789-1791,” 25 U. Rich. L. Rev. 433 (1991).

“The Survival of the Privity Defense in Products Liability Actions in Virginia,” Va. Bar Ass’n J., Winter 1988, at 10 (with Myles T. Hylton).

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