Professor of Law, Vinson & Elkins Research Professor
B.A., University of North Carolina at Chapel Hill
J.D., University of North Carolina at Chapel Hill
Areas of Expertise
- Constitutional Law
- Contracts
- Education Law
- Legal Research & Writing
Office: 622T
Amanda Harmon Cooley is a Professor of Law, the current holder of the Vinson & Elkins Research Professorship, and the former holder of the Wayne Fisher Research Professorship. Through a unified vision of engaged scholarship, innovative teaching, and meaningful service, she has committed her professional and personal life to social justice advocacy for marginalized populations.
She has authored over 25 law review articles, peer-reviewed journal articles, and book chapters on constitutional law, education law, and commercial law. Her recent scholarship on the First Amendment, school shaming punishments, equal protection, and the effects of state drug policy on K-12 schools has been featured in a diverse set of leading law reviews including the Georgetown Law Journal, Ohio State Law Journal, University of Pennsylvania Journal of Constitutional Law, San Diego Law Review, Baylor Law Review, and Pepperdine Law Review.
In teaching, she seeks to mentor students to prepare them to enter the profession of law as reflective practitioners who serve their communities through exemplary work. She was recognized for her excellence in teaching as a recipient of the Association of American Law Schools Teacher of the Year Award for South Texas College of Law Houston (STCLH) in 2018 and 2020.
Her service to her school, the legal profession, and the community reflects her commitment to diversity, equity, and inclusivity. As the chair of the Faculty Scholarship Committee, she facilitated a culture of academic inquiry within the law school and spearheaded the creation of a faculty scholarship mentorship program. She has consulted for the Kids’ Right to Read Project, a project of the National Coalition Against Censorship; regularly judges the National SCRIBES Best Brief and Law Review Award competitions; and sits on the Houston Bar Association’s Lawyers for Literacy Committee.
Before joining the faculty of STCLH, she was an Assistant Professor at the North Carolina A & T State University College of Business and Economics; a litigation associate in the Antitrust, Business Torts, and Intellectual Property group of Parker, Poe, Adams & Bernstein LLP; and a law clerk to the Honorable Hayden Head, Chief Judge of the United States District Court for the Southern District of Texas. She earned her J.D. with honors from the University of North Carolina at Chapel Hill School of Law. She earned her bachelor’s degree in English with highest honors and Phi Beta Kappa from the University of North Carolina at Chapel Hill.
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ARTICLES
Establishing an End to Lemon in the Eleventh Circuit, 77 U. Miami L. Rev. 972 (2023).
The Persistence of Lemon, 47 U. Dayton L. Rev. 411 (2022).
The Powerful Problem of Prayer at Public School Board Meetings, 43 Cardozo L. Rev. 573 (2021).
Framers’ Fidelity and Thicket Theory in Educational Establishment Clause Jurisprudence, 58 San Diego L. Rev. 1 (2021).
Justiciability and Judicial Fiat in Establishment Clause Cases Involving Religious Speech of Students, 22 U. Pa. J. Const. L. 911 (2020).
Inculcating Suppression, 107 Geo. L.J. 365 (2019).
An Efficacy Examination and Constitutional Critique of School Shaming, 79 Ohio State L.J. 319 (2018).
Against Shaming: Preserving Dignity, Decency, and a Moral-Educative Mission in American Schools, 91 St. John’s L. Rev. 793 (2018).
The Impact of Marijuana Legalization on Youth and The Need for State Legislation on Marijuana-Specific Instruction in K-12 Schools, 44 Pepp. L. Rev. 71 (2016).
Constitutional Representations of the Family in Public Schools: Ensuring Equal Protection for All Students Regardless of Parental Sexual Orientation or Gender Identity, 76 Ohio State L.J. 1007 (2015).
Controlling Students and Teachers: The Increasing Constriction of Constitutional Rights in Public Education, 66 Baylor L. Rev. 235 (2014).
Promissory Education: Reforming the Student Loan Counseling Process to Promote Informed Access and to Reduce Student Debt Burdens, 46 Conn. L. Rev. 119 (2013).
The Need For Legal Reform Of The For-Profit Educational Industry, 79 Tenn. L. Rev. 515 (2012).
A Contractual Deterrence Strategy for User-Generated Copyright Infringement and Subsequent Service Provider Litigation, 64 SMU L. Rev. 691 (2011).
The Constitutional and Contractual Controversy of Suspicionless Drug Testing of Public School Teachers, 63 Okla. L. Rev. 421 (2011). (with Marka B. Fleming & Gwendolyn McFadden-Wade)
Guarding Against A Radical Redefinition of Liability for Internet Misrepresentation: The United States v. Drew Prosecution and the Computer Fraud and Abuse Act, 14 J. Internet L., Feb. 2011, at 1 (2011).
From Diploma Mills to For-Profit Colleges and Universities: Business Opportunities, Regulatory Challenges, and Consumer Responsibility in Higher Education, 18 S. Cal. Interdisc. L.J. 505 (2009). (with Aaron Cooley)
Morals Clauses for Educators in Secondary and Postsecondary Schools: Legal Applications and Constitutional Concerns, 2009 BYU Educ. & L.J. 67. (with Marka B. Fleming & Gwendolyn McFadden-Wade)
“Piggybacking” on Core Business Communication Competencies: Developing Student Communications Skills in Legal Environment of Business Courses, 72 Bus. Comm. Q. 431 (2009).
A Radical Redefinition of Liability for Misrepresentation of Internet Social Networking Sites: The Perilous Precedent of United States v. Drew, 19 S.L.J. 1 (2009). (reprinted in revised format as Guarding Against a Radical Redefinition of Liability for Internet Misrepresentation: The United States v. Drew Prosecution and the Computer Fraud and Abuse Act, 14 J. Internet L., Feb. 2011, at 1).
Legal Implications Surrounding University Policies Enacted to Govern the Consensual Professor-Student Relationship, 19 S.L.J. 111 (2009). (with Marka B. Fleming & Gwendolyn McFadden-Wade)
Uneasy Lies the Tiara: Crowns, Contracts, and the Rebekah Revels Litigation, 15 Wm & Mary J. Women & L. 91 (2008).
Morality and Money: Contractual Morals Clauses as Fiscal and Reputational Safeguards, 14 J. Legal Stud. Bus. 1 (2008). (with Marka B. Fleming & Gwendolyn McFadden-Wade)
Trade Dress Protection of Business Décor: What is this Tertium Quid? 18 S.L.J. 19 (2008).
God and Country: The Dangerous Intersection of Religion and Patriotism in the First Term of the George W. Bush Administration, 16 Kan. J.L. & Pub. Pol’y 157 (2007).
Trade Secrets Litigation: Protecting Compilation of Business Information, 13 Bus. Torts J., Spring 2006, at 1. (with Eric D. Welsh)
They Fought the Law and the Law (Rightfully) Won: The Unsuccessful Battle to Impose Tort Liabilty Upon Media Defendants for Violent Acts of Mimicry, 5 Tex. Rev. Ent. & Sports L. 203 (2004).
BOOK REVIEWS
Book Review, 51 Choice 7015 (2014) (reviewing Garrett Epps, American Epic: Reading the U.S. Constitution (2013)).
Book Review, 51 Choice 6444 (2014) (reviewing Anne Newman, Realizing Educational Rights: Advancing School Reform Through Courts and Communities (2013)).
Book Review, 51 Choice 540 (reviewing Kristin A. Goss, The Paradox of Gender Equality: How American Women’s Groups Gained and Lost Their Public Voice (2013)).
Book Review, 11 Pol. Stud. Rev. 436 (2013) (reviewing Constitution 3.0: Freedom And Technological Change (Jeffrey Rosen & Benjamin Wittes eds., 2011)).
Book Review, 50 Choice 1137 (2012) (reviewing Alan Clarke, Rendition To Torture (2012)).
Book Review, 50 Choice 528 (2012) (reviewing Richard Thompson Ford, Universal Rights Down To Earth (2011)).
Book Review, 10 Pol. Stud. Rev. 110 (2012) (reviewing Daniel Heller-Roazen, The Enemy Of All: Piracy And The Law Of Nations (2009)).
Book Review, 10 Pol. Stud. Rev 159 (2012) (reviewing Mark Tushnet, Why The Constitution Matters (2010)).
Book Review, 49 Choice 1138 (reviewing Stuart Banner, American Property: A History Of How, Why, And What We Own (2011).
Book Review, 48 Choice 6572 (2011) (reviewing Deborah L. Brake, Getting In The Game: Title Ix And The Women’s Sports Revolution (2010)).
Book Review, 48 Choice 551 (reviewing James A. Gross, A Shameful Business: the Case for Human Rights in the American Workplace (2010)).
Book Review, 48 Choice 1747 (reviewing Ray D. Madoff, Immortality and the Law: The Rising Power of the American Dead (2010)).
Book Review, 8 Pol. Stud. Rev. 435 (2010) (reviewing Scott M. Matheson, Presidential Constitutionalism in Perilous Times (2009)).
Book Review, 8 Pol. Stud. Rev. 421 (2010) (reviewing Cass R. Sunstein, A Constitution of Many Minds: Why the Founding Document Doesn’t Mean What It Meant Before (2009)).
Book Review, Review of Helen Stacy, Human Rights for the 21st Century: Sovereignty, Civil Society, Culture (2009). Global Law Books, Sept. 1, 2010. https://www.globallawbooks.org/reviews/detail.asp?id=632
Book Review, 8 Pol. Stud. Rev. 282 (2010) (reviewing Robert M. Pallito & William G. Weaver, Presidential Secrecy and the Law (2007)).
Book Review, 8 Pol. Stud. Rev. 109 (2010) (reviewing Christine B.N. Chin, Cruising in the Global Economy: Profits, Pleasure and Work at Sea (2008)).
Book Review, Educ. Rev., May 14, 2010 at 13 (reviewing Feminist Pedagogy: Looking Back to Move Forward (Robbin D. Crabtree et al., eds, 2009). https://www.edrev.info/reviews/rev918.pdf
Book Review, 47 Choice 2199 (reviewing Michael A. Rebell, Courts & Kids: Pursuing Educational Equity Through the State Courts (2009)).
Book Review, 47 Choice 1571 (reviewing Mark V. Tushnet, The Constitution of the United States of America: A Contextual Analysis (2009)).
Book Review, 19 L. & Pol. Book Rev. 405 (reviewing Government by Contract: Outsourcing and American Democracy (Jody Freeman & Martha Minnow eds 2009)).
Book Review, 7 Pol. Stud. Rev. 299 (2009) (reviewing Jeffrey Rosen, The Most Democratic Branch: How the Courts Serve America (2006)).
Book Review, Southwest J. Cultures (December 19) (reviewing Matthew Sweeney, The Lottery Wars: Long Odds, Fast Money, and the Battle Over an American Institution (2009)). https://southwestjournalofculturesmaterial.blogspot.com/2010/04/lottery-wars-long-odds-fast-money-and.html
Book Review, 71 Bus. Comm. Q. 514 (2008) (reviewing Totally Weird and Wonderful Words (Erin McKean, ed. 2006)).
Book Review, 5 Scripted: J. L. Tech. & Soc’y 440 (2008) (reviewing Kathy Bowrey, Law and Internet Cultures (2005)).
Book Review, 6 Pol. Stud. Rev. 236 (reviewing Kermit Roosevelt, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions(2008)).
Book Review, 18 L. & Pol. Book Rev. 916 (2008) (reviewing Richard E. Speidel, Contracts in Crises: Excuse Doctrine and retrospective Government Acts (2007)).
Book Review, 18 L. & Pol. Book Rev. 143 (2008) (reviewing Larry W. Yackle, Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law (2007)).
CHAPTERS
Smith v. Allwright, in Multicultural America (Carlos E. Cortés ed., 2013).
United States v. Forrester, in Encyclopedia Of The Fourth Amendment (Thousand Oaks, CA: CQ Press, 2013).
Should Students Be Required to Salute the Flag If They or Their Parents Object to the Inclusion of the Words “Under God”? COUNTERPOINT, in Debating Issues in American Education – Religion in Schools (Charles J. Russo ed.) (Thousand Oaks, CA: Sage Publications, 2012.)
Should the Current Limits on Educational Use of Copyrighted Material and Intellectual Property Be Revised to Give Schools More Latitude and Guidance? COUNTERPOINT, in School Law (Thousand Oaks, CA: Sage Publications, 2012).
Shelley v. Kraemer, in The U.S. Justice System: An Encyclopedia (Santa Barbara, CA: ABC-CLIO, 2012).
American Civil Liberties Union, in 1 Encyclopedia of Social Networks 26 (Thousand Oaks, CA: Sage Publications, 2011).
Environmental Law and Policy Center, in Green Ethics and Philosophy: An A-to-Z Guide 196 (Thousand Oaks, CA: Sage Publications, 2011).
Energy Performance Contracting, in Green Business: An A-to-Z Guide 184 (Nevin Cohen & Dirk P. Philipsen eds.) (Thousand Oaks, CA: Sage, 2010).
Dennis Hightower, in 2 Encyclopedia of African American History, 1896 to the present from the age of segregation to the twenty-first century 420 (Paul Finkelman ed.) (New York: Oxford University Press, 2009).
Equal Protection Analysis, in Encyclopedia of Law and Higher Education 161 (Charles J. Russo ed.) (Thousand Oaks, CA: Sage, 2009).
PRESENTATIONS & PROCEEDINGS
Familial Constitutional Challenges to Legislation that Stigmatizes or Prohibits the Teaching of LGBT Relationships in Public Schools, Southeastern Association of Law Schools 2013 Annual Conference, West Palm Beach, FL, Aug. 2013.
Promissory Education: Reforming the Statutory Student Loan Counseling Process to Promote Informed Access and to Reduce Debt Burdens, Thurgood Marshall School of Law Faculty Quodlibet Series, Houston, TX, Apr. 2013.
Can Higher Education and Higher Profits Coexist?: Reforming the Regulatory Environment of the For-Profit Educational Industry, February 18, 2012, Emory School of Law Vulnerability and the Human Condition Initiative & Feminism and Legal Theory Workshop- Privatization and Social Responsibility.
The Diminution of Speech and Privacy Rights in Public Schools, Thurgood Marshall School of Law Faculty Quodlibet Series, September 28, 2011
The Shadow of the Schoolhouse Gate: The Increasing Constriction of Teachers’ First and Fourth Amendment Rights, Southeastern Association of Law Schools 2011 Annual Conference, July 29, 2011.
The Constitutional and Contractual Controversy of Suspicionless Drug Testing of Public School Teachers, Southern Academy of Legal Studies in Business Conference, San Antonio, TX, March 4, 2010.
I May or May Not Be There for You: A Contract Negotiation Exercise for Legal Environment of Business Courses,Southern Academy of Legal Studies in Business Conference, San Antonio, TX, March 4, 2010.
Legal Implications Surrounding University Policies Enacted to Govern the Professor-Student Relationship, Southern Academy of Legal Studies in Business Conference, San Antonio, TX, March 6, 2009. (with Marka B. Fleming & Gwendolyn McFadden-Wade )
The Radical Redefinition of Liability for Misrepresentation on Internet Social Networking Sites, Southern Academy of Legal Studies in Business Conference, San Antonio, TX, March 6, 2009.
From Diploma Mills to For-Profit Colleges and Universities: Business Opportunities, Regulatory Challenges, and Consumer Responsibility in Higher Education, Southeastern Academy of Legal Studies in Business Conference, Atlanta, GA, November 2008.
Trade Dress Protection of Business Décor: What is this Tertium Quid?, Southern Academy of Legal Studies in Business Conference, San Antonio, TX, March 2008.
Uneasy Lies the Tiara: The Legal, Economic, and Sociocultural Effects of Scandal and Litigation in the Pageant Industry, Southern Academy of Legal Studies in Business Conference, San Antonio, TX, March 2008.
Morality and Money: Contractual Morals Clauses as Fiscal and Reputational Safeguards, Southeastern Academy of Legal Studies in Business Conference, Memphis, TN, November 2007 (with Marka B. Fleming) published in 14 J. Legal Stud. Bus. 1 (2008).