John V. Orth

William Rand Kenan Jr. Professor of Law

Work
(919) 962-8517
Office
5116 Van Hecke-Wettach Hall

Areas of Expertise

  • Legal History
  • Property Law and Real Estate
  • Trusts & Estates

Biography

John V. Orth joined the Carolina Law faculty in 1978 and serves as the William Rand Kenan, Jr. Professor of Law. He teaches first-year Property, Trusts & Estates, and Legal History. Orth is the author of six books, three of them published by Oxford University Press, and ninety articles and book chapters. His writings cover a wide array of topics including labor law, constitutional law (both federal and state), legal history, wills and trusts, and basic property law. His works have been cited by federal and state courts, including the United States Supreme Court and the North Carolina Supreme Court. He has extensive contacts with Australian law professors and has published several articles comparing American and Australian law.

Orth has a law degree from the Harvard Law School and a Ph.D. in history from Harvard University. After completing his studies, he clerked for Judge John Gibbons of the U.S. Court of Appeals for the 3d Circuit. While teaching, he has maintained contact with the practice of law by consulting on questions concerning property, constitutional law, and wills and trusts.

Education

  • Ph.D., Harvard University (1977)
  • M.A., Harvard University (1975)
  • J.D., Harvard University (1974)
  • A.B., Oberlin College (1969)

Selected Publications

Blackstone's Rules Concerning the Construction of Statutues, in BLACKSTONE AND HIS COMMENTARIES: BIOGRAPHY, LAW, HISTORY (Wilfrid Prest, ed.) (Hart Pub. 2009).
KD621.B58 B57 2009

Escheat: Is the State the Last Heir, 13 GREEN BAG 2d 73 (2009).
Westlaw | Lexis/Nexis | BEPress

In Re Tenancy By the Entirety-Married Couples, Common Law Marriages, And Same-Sex Partners: Orth V. Orth, 85 N.D. L. REV. 287 (2009).
Westlaw | Lexis/Nexis | Hein | BEPress

The Golden Metwand': The Measure of Justice in Shakespeare's Measure for Measure, 31 ADEL. L. REV. 127 (2010).
SSRN | Hein | BEPress

The Perils of Joint Tenancies, 44 REAL PROP. PROB. & TR. J. 427 (2009), reprinted in 27:6 GP SOLO 22 (2010).
Westlaw | Lexis/Nexis | Hein

When Analogy Fails: The Common Law & State v. Mann, 87 N.C. L. REV. 979 (2009).
Westlaw | Lexis/Nexis | Hein | BEPress

Allowing Perpetuities In North Carolina, 31 CAMPBELL L. REV. 399 (2009).
Westlaw | Lexis/Nexis | Hein | BEPress

HOW MANY JUDGES DOES IT TAKE TO MAKE A SUPREME COURT? AND OTHER ESSAYS ON LAW AND THE CONSTITUTION (University Press of Kansas, 2006).
KF5130 .O78 2006

DUE PROCESS OF LAW: A BRIEF HISTORY (University Press of Kansas 2003).
KF4765 .O78 2003

THE NORTH CAROLINA STATE CONSTITUTION, WITH HISTORY AND COMMENTARY (University of North Carolina Press, 1995).
KFN7801 1971.A6 O77

SSRN Author Page