Lorianne Updike Toler

Title: Assistant Professor of Law
Office Location: Swen Parson 197E
Office Phone: 815-753-1068
Email: lupdiketoler@niu.edu
Education: B.A., Brigham Young University
J.D., Brigham Young University Law School
J.D., M.St., University of Oxford

Lorianne Updike Toler specializes in constitutional law, comparative constitutional law, and legal history. Previous to joining the faculty at Northern Illinois University in 2022, Updike Toler was a Teaching Fellow at New England Law School in 2021-2022, the Olin Searle Fellow at Yale Law School 's Information Society Project 2020-2021, and a Visiting Fellow there in 2018-2020. She also taught as an Adjunct Professor at New England Law in 2019 and at Brigham Young University in 2004-05.

In addition to academic pursuits, Professor Updike Toler served as the Founding President and Executive Director of ConSource, or the Constitutional Sources Project from 2005-2009, where she founded the first free online library of the U.S. Constitution’s historical sources. She was also President of Libertas Constitutional Consulting from 2010-2018, where she worked on the Libyan constitutional process and helped to found the Quill Project at Pembroke College, University of Oxford, which has now onboarded ConSource.

Professor Updike Toler holds a master’s in history from The University of Oxford and graduated magna cum laude from both the J. Reuben Clark Law School and Brigham Young University's School of Communications.

Professor Updike Toler has published in The University of Chicago Law Review, the Harvard Journal of Law and Public Policy, the William and Mary Bill of Rights Review, the Cambridge Journal of Public and International Law, is a contributor to Foreign Policy, and has a forthcoming article in the University of Pennsylvania Journal of Constitutional Law.

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Publications

  • The Missing Indian Affairs Clause, 88 University of Chicago Law Review 413 (2021)

  • Western Reconstruction and Woman Suffrage, 27 William and Mary Bill of Rights Journal 147 (2019)

  • First Constitutions: American Procedural Influence, in Comparative Constitution Making (David Landau & Hannah Lerner, eds., 2019)
  • Mapping the Constitutional Process: Lessons from 18 Constitution-writing Procedures, 3 Cambridge Journal of Comparative and International Law 1260 (2014)

  • Pre-“Originalism,” 36 Harvard Journal of Law and Public Policy 277 (2012) (with J. Carl Cecere and with the assistance of Justice Don Willett)
  • Early Drafts of the U.S. Constitution, 85 Pennsylvania Magazine of History and Biography 227 (July 2011) (with William Ewald)

  • Committee of Detail Documents, 85 Pennsylvania Magazine of History and Biography 239 (2011) (with William Ewald) 
  • Addendum, 85 Pennsylvania Magazine of History and Biography 367 (2011)

  • The “Wall of Separation Between Church and State”: Constitutional Fact or Fiction?, Sutherland Journal of Law & Public Policy (2005).

  • Supreme Court Voting Behavior: 2003 Term, 32 Hastings Constitutional Law Quarterly 769 (2005) (with Richard Wilkins, Scott Worthington, and Jacob Reynolds)

  • Supreme Court Voting Behavior: 2002 Term, 31 Hastings Constitutional Law Quarterly 499 (2004) (with Richard Wilkins, Scott Worthington, and Sara Becker)