ND Law student Joshua Robe receives University of Chicago Federalist Society Eaton Award

Notre Dame Law third-year student Joshua Robe has received the 2026 Eaton Award, presented by the Federalist Society at the University of Chicago.

The national award recognizes emerging scholarship in constitutional law and supports the development of early-career scholars. Robe was honored for his essay, “The Founders’ Unwritten Law Grounding the Presumption Against Preemption,” which argues that the presumption arises from the Constitution’s text, understood in light of Founding-era background interpretive law. This gives firmer legal footing for this presumption, which has been a longstanding but controversial principle for determining when federal law preempts state law. Robe had the opportunity to discuss his paper at a Federalist Society event at the University of Chicago, with remarks by Professors William Baude and Samuel Bray.

Originally from Ohio, Robe attended Bryan College, where he double-majored in History and Government. He then earned an M.A. in Politics from Hillsdale College before attending Notre Dame Law School.

While at Notre Dame Law School, Robe served as senior articles editor for the Notre Dame Law Review. During his first-year summer, Robe was a research assistant for Professor Emily Bremer assisting with administrative law research. During his second-year summer, he was a summer associate at Jones Day in Cleveland, Ohio.

After graduation, Robe will clerk for Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit.

Notre Dame Law alum Jack Ferguson ’24 J.D. received the Eaton Award in 2024.

More information about the Eaton Award is available on the University of Chicago Federalist Society website.