Heather Elliott
Alumni, Class of ’36 Professor of Law
Heather Elliott's CV

Areas of Expertise:
Administrative Law
Civil Procedure
Constitutional Law
Water Law

Heather Elliott

Heather Elliott teaches civil procedure, professional responsibility, land use law & planning, and water law.

Professor Elliott is a former law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg and to Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. From 2003-2005, she was an appellate litigation associate at Wilmer Cutler Pickering Hale & Dorr LLP in Washington, DC, where she wrote briefs to the United States Supreme Court, the California Supreme Court, and numerous federal and state intermediate appellate courts in cases involving constitutional law, bankruptcy, Indian law, administrative law, and environmental law.

She received her J.D. from the University of California, Berkeley School of Law (Boalt Hall), where she was an articles editor for the Ecology Law Quarterly, earned an Environmental Law Certificate, and was elected to Order of the Coif. She earned M.A. and M.Phil. degrees in political science at Yale University and graduated magna cum laude from Duke University with a B.A. in political science and philosophy.

Professor Elliott's scholarship has two focuses: the role of courts and agencies in a democratic society, and Alabama water law & policy. She recently completed a study of the latter under a grant from the United States Geological Survey.

In 2013, Professor Elliott organized a symposium in honor of the 25th anniversary of William A. Fletcher’s article, The Structure of Standing; Judge Fletcher was the keynote speaker at the symposium, which also featured Robert Pushaw, Tara Leigh Grove, Maxwell Stearn, Ernest Young, Thomas Rowe, Jonathan Siegel, and Andrew Hessick. The proceedings of the symposium were published in the Alabama Law Review.

Her scholarship includes:

ALABAMA WATER LAW & POLICY: A COMPARATIVE TREATISE (University of Alabama Press, forthcoming 2017)

Balancing As Well As Separating: Congress’s Authority to Recognize New Legal Rights, 68 VAND. L. REV. EN BANC 181 (2015) (invited contribution to symposium on Spokeo v. Robins, U.S. No. 13-1339)

Does the Supreme Court Ignore Standing Problems to Reach The Merits? Evidence (or Lack Thereof) from the Roberts Court, 23 WM. & MARY BILL OF RIGHTS J. 189 (2014)

Becoming Civil: Civility and LGBT Politics, CIVILITY, LEGALITY, AND THE LIMITS OF JUSTICE (Austin Sarat ed., Cambridge U. Press forthcoming 2014) (with G. Lunn)

Further Standing Lessons, 89 INDIANA LAW JOURNAL SUPPLEMENT 17 (online) (2014)

Federalism Standing, 65 ALA. L. REV. 435 (2013)

Standing Lessons: What We Can Learn When Conservative Plaintiffs Lose Under Article III Standing Doctrine, 87 IND. L.J. 551 (2012)

Alabama’s Water Crisis, 62 ALA. L. REV 383 .(2012)

Congress’s Power to Solve Standing Problems, 91 B. U. L. REV. 159 (2011)

The Functions of Standing, 61 STAN. L. REV. 459 (2008)