McGinnis teaches and writes on constitutional and international law. In constitutional law, he has focused especially on majority and supermajority rules. In international law, he has focused on the question of the proper role of international law in United States law.
McGinnis is a co-author of a law review article stating that the majority of law school faculty members donate more to Democrats than to Republicans.[1] He uses this to attack the "viewpoint diversity" justification that the U.S. Supreme Court used to permit law schools to give racial minorities an advantage in their admissions processes. His argument is that law schools are not, and probably should not be, committed to political viewpoint diversity in the hiring process (implying that they should not use affirmative action-like techniques in recruiting and admitting students).
McGinnis has published several books. In Accelerating Democracy: Transforming Governance Through Technology (Princeton University Press, 2013) he argues that rapidly changing information technology can improve policy. In Originalism and the Good Constitution (Harvard University Press, 2013) he and Mike Rappaport contend that interpreting the Constitution according to its original meaning continues to have beneficial consequences today.
Selected bibliography
"The Origin of Conservatism: Evolutionary theories suggest that conservative politics are necessary to govern a fallen man," National Review, December 22, 1997. (Cover story)
"The descent of man: can conservative concepts be derived from evolution? Critics respond to John O. McGinnis," National Review, December 22, 1997. Includes McGinnis' reply.
The World Trade Constitution (with Mark Movsesian, volume published in Chinese) The People's Press (2004)
"The World Trade Organization as a Structure of Liberty" in Harvard Journal of Public Law and Policy, 2004
