Faculty Directory

Claudia E. Haupt
Associate Professor of Law and Political ScienceUniversity of Cologne, First Law Degree (LLB equivalent) 2003
University of Cologne, PhD 2008
George Washington University Law School, LLM 2009
Columbia Law School, JSD 2017
Mail: 416 Huntington Avenue
Boston, MA 02115
Tel: (617) 373-3923
E-mail: c.haupt@northeastern.edu
Associate Professor of Law and Political Science Claudia E. Haupt joined the Northeastern faculty in 2018. Professor Haupt’s current research is situated at the intersection of the First Amendment, health law and torts in the context of professional speech. Her further research interests include constitutional law and comparative constitutional law as well as law and technology.
Prior to joining Northeastern, Professor Haupt was a resident fellow with the Information Society Project at Yale Law School, where she continues to be an affiliate fellow, and a research fellow with the Solomon Center for Health Law and Policy at Yale Law School. She has also held an appointment as associate-in-law at Columbia Law School and, prior to that, taught at George Washington University Law School.
Before entering academia, Professor Haupt clerked at the Regional Court of Appeals of Cologne and practiced law at the Cologne office of the law firm of Graf von Westphalen, with a focus in information technology law. She is admitted to practice in Germany and New York. She holds a PhD in political science from the University of Cologne, a JSD from Columbia Law School, an LLM (with highest honors) from George Washington University and her first law degree from the University of Cologne.
Professor Haupt has published articles in journals including the Yale Law Journal, Vanderbilt Law Review, Boston College Law Review, University of Pennsylvania Journal of Constitutional Law and George Washington Law Review, among others. Her book, Religion-State Relations in the United States and Germany: The Quest for Neutrality, was published by Cambridge University Press in 2012.
Fields of Expertise
- Civil Liberties
- Comparative Constitutional Law
- Constitutional Law
- First Amendment
- Health Law
- Law and Religion
- Law and Technology
- Torts
Selected Works
Books
- Religion-State Relations in the United States and Germany (Cambridge University Press, 2012).
Selected Articles
- “Regulating Speech Online: Free Speech Values in Constitutional Frames,” 99 Washington University Law Review (forthcoming 2021).
- “Public Health Originalism and the First Amendment,” 78 Washington & Lee Law Review 231 (2021) (co-author).
- “Platforms as Trustees: Information Fiduciaries and the Value of Analogy,”134Harvard Law Review Forum34 (2020).
- “Who Celebrates What? A Response to Professor Levinson,” 12 Northeastern University Law Review 401 (2020).
- “Which Legal Approaches Help Limit Harms to Patients from Clinicians' Conscience-Based Refusals?,” 22 AMA Journal of Ethics 209 (2020) (co-author).
- “Licensing Knowledge,”72 Vanderbilt Law Review 501 (2019).
- “Governing A.I.'s Professional Advice,” (Symposium) 64 McGill Law Journal 665 (2019).
- “Artificial Professional Advice,” (Symposium) 18 Yale Journal of Health Policy, Law, and Ethics 55 / 21 Yale Journal of Law and Technology 55 (2019)
- “Sex and the First Amendment Through the Lens of Professional Speech,”(Symposium) 17 First Amendment Law Review 186 (2019).
- “The Limits of Professional Speech,” 128 Yale Law Journal Forum 185 (2018).
- “The Role of Civil Commitment in the Opioid Crisis,” 46 The Journal of Law, Medicine & Ethics 343 (2018) (co-author).
- “Physician Autonomy and the Opioid Crisis,” 46 The Journal of Law, Medicine & Ethics 203 (2018) (co-author).
- “Professional Speech and the Content-Neutrality Trap,” 127 Yale Law Journal Forum 150 (2017).
- “Unprofessional Advice,” 19 University of Pennsylvania Journal of Constitutional Law 671 (2017).
- “Antidiscrimination in the Legal Profession and the First Amendment: A Partial Defense of Model Rule 8.4(g),” 19 University of Pennsylvania Journal of Constitutional Law Online (2017).
- “Professional Speech,” 125 Yale Law Journal 1238 (2016).
- “Professional Ethics, Personal Conscience, and Public Expectations,” 27 Journal of Clinical Ethics 233 (2016).
- “Active Symbols,” 55 Boston College Law Review 821 (2014).
- “Transnational Nonestablishment,” 80 George Washington Law Review 991 (2012).
- “Mixed Public-Private Speech and the Establishment Clause,” 85 Tulane Law Review 571 (2011).
- “Information Technology meets Healthcare: The Present and Future of e-Health Initiatives in Germany and Europe,” 12 DePaul Journal of Health Care Law 105 (2009) (co-author).
- “The Scope of Democratic Public Discourse: Defending Democracy, Tolerating Intolerance, and the Problem of Neo-Nazi Demonstrations in Germany,” 20 Florida Journal of International Law 169 (2008).
- “Free Exercise of Religion and Animal Protection: A Comparative Perspective on Ritual Slaughter,” 39 George Washington International Law Review 839 (2007).
- “Regulating Hate Speech—Damned If You Do and Damned If You Don’t: Lessons Learned from Comparing the German and U.S. Approaches,” 23 Boston University International Law Review 299 (2005).
Selected Chapters
- “Religious Outliers: Professional Knowledge Communities, Individual Conscience Claims, and the Availability of Professional Services to the Public,” in Law, Religion, and Health in the United States, eds. Holly F. Lynch, I. Glenn Cohen, & Elizabeth Sepper (Cambridge University Press 2017).
- “Transnational Nonestablishment (Redux),” in Religion, Secularism, and Constitutional Democracy, eds. Jean L. Cohen & Cécile Laborde (Columbia University Press 2016).
Selected Commentary
- “Local Expert says Trump Social Media Ban Does Not Infringe on First Amendment Rights,” 7 News Boston (January 13, 2021).
- “Twitter and Facebook Have the Right to Ban Trump’s Accounts. But That Won’t Stop the Violent Rhetoric,” Northeastern News (January 11, 2021).
- “When Health Advice Is Hard to Come by, BIPOC Suffer the Consequences,” Bill of Health Blog (October 6, 2020).
- “Podcast: “Religious Freedom Restoration Act,” The Week in Health Law (May 28, 2020).
- Video: “Can Online Speech Be Regulated?,” German Law Journal Lecture (January 15, 2020).
- “Why Don't Truth In Advertising Laws Apply To Political Ads?,” WGBH News (November 6, 2019).
- “First Amendment Fundamentalism and Doctrinal Disarray,” Balkinization Blog (October 12, 2019).
- “Analysis: Ama’s Lawsuit Seeks to Protect Patient-Physician Relationships, Free Speech,” Healio (July 10, 2019).
- “Who Gets to Give Dietary Advice? Health Coach Fights Law,” AP News (May 30, 2019).
- Podcast: “Claudia Haupt on Professional Speech,” Ipse Dixit (April 18, 2019).
- Podcast: “Promises and Perils,” The Week in Health Law (April 17, 2019).
- “Judge Says Tampa Conversion Therapy Ban Violates First Amendment Free Speech Rights,” The Washington Post (February 1, 2019).
- “The Algorithm Will See You Now,” Balkinization (October 26, 2018).
- Video: “Online Speech Regulation: A Comparative Perspective,” Data & Society Research Institute (July 25, 2018).
- “AI in the Doctor-Patient Relationship: Identifying Some Legal Questions We Should Be Asking,” Data & Society Points (June 19, 2018).
- “Supreme Court to hear case on California’s FACT Act,” The Washington Times (March 15, 2018).
- “Giving Professional Advice,” The Huffington Post (September 3, 2016).
- “All of the Arguments Dr. Oz Made Against His Critics Were Wrong,” Vox (April 23, 2015).
- “When the State Tells Professionals What They Can Say,”San Francisco Daily Journal (November 6, 2014).
- “Speaking Professionally,” The Huffington Post (September 9, 2014),