Yale Law School • P.O. Box 208215 • New Haven, Connecticut 06520-8215 • (203)432-1671 • (203)432-9045(fax) jerry.mashaw@yale.edu

Personal

Born 1941, Shreveport, Louisiana
 
Married; two children; four grandchildren

Education

B.A.  1962, Tulane University; Philosophy; Phi Beta Kappa

LL.B. 1964, Tulane University Law School; Editor-in-Chief, Tulane Law Review; Order of the Coif; Class Rank: first. 1964-66  Marshall Scholar, University of Edinburgh Law School.

Ph.D. 1969, University of Edinburgh (European Governmental Studies).

Employment

1966-68 Assistant Professor, Tulane University Law School.

1968-76 Assistant, Associate and Professor of Law, University of Virginia Law School.

1976- Sterling Professor of Law and Management, and Professor, Yale Institute for Social and Policy Studies, Yale University. (1982-1990, William Nelson Cromwell Professor of Law; 1991-1994, Gordon Bradford Tweedy Professor of Law and Organization).

 (Principal Subjects:  Administrative Law; Design of Public Institutions; Federal Health and Safety Regulation; Social Welfare Policy).

Other Major Professional Activities

President, National Academy of Social Insurance

Fellow, National Academy of Arts and Sciences

Founding Co-editor (with O.E. Williamson), Journal of Law Economics and Organization

Occasional Consultant: Social Security Administration; National Institute of Medicine; various private foundations

Bibliography

Books:

True Security: Rethinking American Social Insurance, (with M.J. Graetz) Yale University Press (1999)Seasoned by Salt: A Voyage in Search of the Caribbean (with A.U. MacClintock) Sheridan House (2003)

Greed, Chaos and Governance:  Using Public Choice to Improve Public Law, (Yale University Press, 1997).  (Awarded Twelfth Annual Scholarship Prize, Section on Administrative Law and Regulatory Policy, ABA, 1998); and the Order of the Coif Triennial Book Award (2002) for books published between 1997 and 1999).

Restructuring the SSI Disability Program for Children and Adolescents (with J. Perin and V. Reno), NASI (1996).

Challenge for Social Insurance, Health Care Financing and Labor Market Policy (with V. Reno and W. Gradison), Brookings (1996).

The Environment of Disability Policy:  Programs, People, History and Context (with V. Reno), NASI (1996).

Balancing Security and Opportunity:  The Challenge of Disability Income Policy (with V. Reno), NASI (1996).

Disability, Work and Cash Benefits (edited with V. Reno, R. Burkhauser, and M. Berkowitz), W.E. Upjohn Institute for Employment Research, Kalamazoo, Michigan (1996).

The Struggle for Auto Safety (with D.L. Harfst), Harvard University Press (1990).  (Awarded Sixth Annual Scholarship Prize of Section on Administrative Law and Regulatory Policy, ABA, 1992).

America's Misunderstood Welfare State:  Persistent Myths, Enduring Realities, (with T.R. Marmor and P.L. Harvey), Basic Books (1990).  Paperbound edition (1992).

Social Security: Beyond the Rhetoric of Crisis (edited with T.R. Marmor) Princeton University Press, (1988).

Due Process in the Administrative State, Yale University Press (1985).

Bureaucratic Justice: Managing Social Security Disability Claims, Yale University Press, (1983). Paper bound edition (1985).  (Awarded Gerard Hendersen Memorial Prize by Harvard University, 1993).

Social Security Hearings and Appeals (with W. Schwartz, P. Verkuil, C. Goetz and F. Goodman) Lexington Books (1978).

Introduction to the American Public Law System (with R.A. Merrill) West Publishing Company, (1975). Supplement, (1980). Second Edition, retitled Administrative Law: Introduction to the American Public Law System (1985); Third Edition (1992), Fourth Edition (1998) and Fifth Edition (2003) (with R.A. Merrill and P. Shane).

Articles and Book Chapters:

Recovering American Administrative Law: Federalist Foundations, 1787-1801, 115 Yale Law Journal 1256 (2006).

Accountability and Institutional Design: Some Thoughts on the Grammar of Governance. Public Accountability: Designs, Dilemmas and Experiences, Chapter 5, pp. 115-156, Michael Dowdle, ed., Cambridge University Press, 2006.

Exploring Agency Statutory Interpretation, 31 Admin. & Reg. Law News, No. 3, p. 6 (Spring 2006).

Administrative Law and Agencies: The Quest for Accountability, Encyclopedia of Law and Society: American and Global Perspectives (Sage Publications 2006).

Norms, Practices and the Paradox of Deference: A Preliminary Inquiry Into Agency Statutory Interpretation, 57 Admin. L. Rev. 501 (2005).

“Between Facts and Norms: Agency Statutory Interpretation as an Autonomous Enterprise, 55 U. Tor. L. J. 497 (2005).

“Structuring a Dense Complexity: Accountability and the Project of Administrative Law,” 6 Issues in Legal Scholarship, Article 4 (March, 2005), http://www.bepress.com/ils/iss6/art4.

“Social Insurance and The American Social Contract”, in Teresa Ghilarducci, et al., In Search of Retirement Security 95 (Century Foundation Press, 2005).

“Law and Engineering: In Search of the Law-Science Problem, 66 L. & Contemp. Prob. 135 (2003).

“The Case for Universal Social Insurance”, with T. Marmor, in Stuart-Altman & David Schactman, eds., Policies for an Agency Society (Johns Hopkins U. Press, 2002).

“Agency Statutory Interpretation”, Issues in Legal Scholarship, Dynamic Statutory Interpretation (2002):Article 9, http://www.bepress.com/ils/iss3/art9.

“Small Things Like Reasons Are Put in a Jar: Reason and Legitimacy in the Administrative State”, 70 Ford. L. Rev. 101 (2001).

“True Security: Rethinking American Social Insurance”, (with M.J. Graetz) Milken Institute Review, Vol. 1, No. 4, p. 58 (1999).

“Privatizing Social Security”, 20 Consumers, No. 2 (1999).

“Cassandra’s Law”, (with T.R. Marmor), 210 The New Republic, No. 4, p. 20 (February 14, 1999).

“Managing the Political and Economic Risks of Pension Fund Investment in Equity Securities” in Asian Development Bank, Promoting Pension Reform:  A Critical Assessment of the Policy Agenda (1998).

“Without a Net”, XXIII Boston Review, No. 2 at 18 (1998)

"The Case for Social Insurance" (with T.R. Marmor) in S. Greenberg and T. Skocpol, eds., The New Majority:  Toward a Popular Progressive Politics Yale Univ. Press, 1997).

"Disability:  Why Does the Search for Good Programs Continue?", in E. Kingson and J. Schultz, eds., Social Security in the 21st Century, Oxford (1997).

"National Health Reform:  Where Do We Go From Here" (with T.R. Marmor & J. Oberlander) in R. Rich & W.D. White, eds., Health Policy, Federalism and the American States 277-292 (Urban Inst. Press, 1996).

"Control Judicial de los Actos Administrativos de Ejecucion General", 1 Jornadas Internacionales de Derecho Administrativo (1996).

"The Great Social Security Scare", (with T.R. Marmor), The American Prospect, p. 2 (November/December, 1996).

"Block Grants, Entitlements and Federalism:  A Conceptual Map of Contested Terrain", (with D. Calsyn), 1996 Yale Law and Policy Review 1.

"Reinventing Government and Regulatory Reform:  Studies in the Neglect and Abuse of Administrative Law", 57 University of Pittsburgh Law Review 405 (1996).  Reprinted as: “Reinventando o Governo e Reforma Regulatória: Estudos sobre A Desconsideração e o Abuso do Diereito Administrativo”, in Paulo Mattos (ed.) Regulação Econômica e Democracia (2004).

"Unemployment Compensation:  Continuity, Change, and the Prospects for Reform", 29 University of Michigan Journal of Law Reform 1 (1996).

"Can the American State Guarantee Access to Health Care?", (with T.R. Marmor) in The State, Politics and Health:  Essays for Rudolf Klein (1996).

Book Review, Between the Lines:  Interpreting Welfare Rights, by R.S. Melnick, 14 Journal of Policy Analysis and Management, No. 1, p. 177 (1995).

"America's Experiment With Motor Vehicle Safety Regulation", 1 Journal of Injury Prevention 7-8 (1995).

"Preenforcement Judicial Review of Administrative Rulemaking:  Some Lessons From Recent American Experience", Primeras Jornadas Internacionales de Derecho Administrativo, Caracas, Venezuela (1995).

"The Case for Federalism and Health Care Reform", (with T.R. Marmor), 28 Connecticut Law Review 115 (Fall, 1995).

"Drafting Comprehensive Health Care Reform Legislation:  'It's The Administrative Law, Stupid'", in Symposium:  Administrative Law Issues in Comprehensive Health Care Reform, 47 Administrative Law Review 449 (1995).

Book Review, Disability and the Displaced Worker, by Edward H. Yelin, 20 Journal of Health Politics, Policy and Law 225 (Spring 1995).

"Gingrich's Time Bomb", (with T.R. Marmor and P. Harvey), The American Prospect, Spring (1995).  Reprinted in R. Kutner, ed., Ticking Time Bombs, (Free Press, 1996).

"Strategy for Survival:  Change and Stability in the Management of Health-Care Institutions", (with T.R. Marmor) 16 Health Management Quarterly No. 4 at p. 5 (1995).

“Understanding the Choices in Health-Care Reform”, (with The Health Care Study Group) 19 Journal of Health Politics Policy and Law 499 (1994)

I funzionari pubblici negli Stati Uniti, in M. D'Alberti, ed., L'Alta Burocrazia, 41-90 (1994).

"Against First Principles", 31 University of San Diego Law Review 211 (Winter 1994).

"Improving the Environment of Agency Rulemaking: An Essay on Management, Games and Accountability", 57 Law & Contemporary Problems 185 (1994).

"L'esperienza degli State Uniti d'America" in Domenico Sorace, ed., La Responsabilita Pubblica Nell' Esperienza Giuridica Europa, 383-434 (1994).

"Ethics, Institutional Complexity and Health Care Reform:  The Struggle for Normative Balance", (with M.J. Graetz) 10 Journal of Contemporary Health Law and Policy 93 (1994).

"Conceptualizing, Estimating and Reforming Fraud, Waste and Abuse in Health Care Spending" (with T.R. Marmor)  11 Yale Journal on Regulation 455 (Summer 1994).

"Praise Reform and Start the Litigation", New England Journal of Medicine, (December, 1993).

"Rhetoric and Reality", (with T.R. Marmor) 15 Health Management Quarterly 21 (1993).

"The Case for State-Led Health Care Reform", 2 Domestic Affairs 1 (1993).

"America's Misunderstood Welfare State: Myths and Realities", (with T.R. Marmor)  5 Governance 493 (1992).

"Organizing Adjudication: Reflections on the Prospects for Artisans in the Age of Robots", 39 U.C.L.A. Law Review 1055 (1992).

Imagining the Past; Remembering the Future, 1991 Duke Law Journal No. 3, p. 711 (1991).

"Textualism, Constitutionalism, and the Interpretation of Federal Statutes", 32 William & Mary Law Review 827 (1991).

"Implementing Quotas", 79 Georgetown Law Journal 1769 (1991).

"The Fear of Discretion in Government Procurement", 8 Yale Journal on Regulation 511 (1991).

"The Attack on Social Security" (with T.R. Marmor and P.L. Harvey) 115 Domestic Affairs 1 (1991).

“The Politics of Regulatory Change”, (book review) 105 Political Science Quarterly 164 (1990)

"Northern Light: Canada's Lessons for American Health Care", (with T.R. Marmor) The American Prospect, Fall (1990).

"Explaining Administrative Process: Normative, Positive, and Critical Stories of Legal Development", 6 Journal of Economics & Organization 267 (1990).

"Inside the National Highway Traffic Safety Administration: Legal Determinants of Bureaucratic Organization and Performance", (with D.L. Harfst) 57 University of Chicago Law Review 443 (1990).

"The Economics of Politics and the Understanding of Public Law", 65 Chicago-Kent Law Review 123 (1989).

“Disabled Policy: America’s Programs for the Handicapped”, (book review) 41 Industry & Labor Relations Review 632 (1988).

"Administration of Workers' Compensation Programs: Lessons from Social Security Disability Insurance," in John Burton, ed., New Perspectives in Workers' Compensation (ILR Press (1988).

"The Dilemma of Toxic Substances Regulation," (book review) 19 Rand Journal of Economics 486 (1988).

"As-If-Republican Interpretation," 97 Yale Law Journal 1673 (1988).

"Dignitary Process: A Political Psychology of Liberal Democratic Citizenship," 39 University of Florida Law Review 433 (1987).

"Regulation and Legal Culture: The Case of Motor Vehicle Safety," 4 Yale Journal on Regulation 257 (1987).

"A Comment on Causation, Law Reform, and Guerilla Warfare," 73 Georgetown Law Journal 1393 (1985).

"Prodelegation: Why Administrators Should Make Political Decisions", 1 Journal of Law, Economics & Organization 81 (1985).

"Corporate Social Responsibility: Some Comments on the Legal and Economic Context of a Continuing Debate," Yale Journal of Social Policy (1985).

"Federalism and Regulation", (with S. Rose Ackerman) in Eads & Fix, eds., Reagan's Regulatory Strategy 111 (Urban Institute Press 1984).

"Rights in the Federal Administrative State," 92 Yale Law Journal 7 (1983).

"Mirrored Ambivalence: A Sometimes Curmudgeonly Comment on the Relationship Between Organization Theory and Administrative Law," 33 Journal of Legal Education 24 (1983).

"Two Models of Regulatory Decisionmaking," in Nyhart and Carrow, eds., Law and Science in Collaboration (Lexington Books, 1983).

"Thinking about Institutional Review Boards" in Whistleblowers and Others (President's Commission for the Study of Ethical Problems in Medicine and Research, 1982).

"Administrative Due Process as Social-Cost Accounting," 9 Hofstra Law Review 1423 (1981).

"Administrative Due Process: The Quest for a Dignitary Theory," 61 Boston University Law Review 885 (1981).

"Conflict and Compromise Among Ideals of Administrative Justice," 1981 Duke Law Journal 181.

"How much of What Quality: A Comment on Conscientious Procedural Design," 65 Cornell Law Review 823 (1980).

"Constitutional Deregulation: Notes Toward a Public, Public Law," 54 Tulane Law Review 849 (1980).

"Comment: Modesty and Immodesty in Policy-Oriented Empirical Research, 32 Administrative Law Review 73 (1980).

“Regulation, Logic and Ideology,” Regulation (Nov./Dec, 1979).

"The Definition of Disability from the Perspective of Administration" in E. Berkowitz, ed., Disability Policies and Government Programs (Praeger, 1979).

"Civil Liability of Government Officers: Property Rights and Official Accountability," 1978 Law and Contemporary Problems 8.

"The Legal Effects of Facts: Some Reflections on Trading Pedestrians for Passengers," in Miller and Manne, Auto Safety Regulation: The Cure or the Problem (1976).

"The Supreme Court's Due Process Calculus for Administrative Adjudication: Three Factors in Search of a Theory of Value," 44 Chicago Law Review 28 (1976).

“Reforming Bureaucracy: The Administrative Conference Technique, 26 Administrative Law Review 261 (1974).

"The Management Side of Due Process: Some Theoretical and Litigation Notes on the Assurance of Accuracy, Fairness and Timeliness in the Adjudication of Social Welfare Claims," 59 Cornell Law Review 772-824 (1974).

"The Legal Structure of Frustration: Alternative Strategies for Public Choice Concerning Federally Aided Highway Construction," 122 University of Pennsylvania Law Review 1-96 (1973).

"Enforcement of Federal Standards in Federal Grant-in Aid Programs" (with E.A. Tomlinson) 58 Virginia Law Review 600-693 (1972).

"Welfare Reform and Local Administration of Aid to Dependent Children in Virginia," 57 Virginia Law Review 818 (1971).

 "A Sketch of the Consequences for Louisiana Law of the Adoption of `Article 2:  Sales' of the Uniform Commercial Code," 42 Tulane Law Review 740-94 (1968).

"Case No. 56/65, Societe Technique Minere (L.T.M.) v. Societe Maschinenbau Ulm G.m.b.H. (M.B.U.)," 4 Common Market Law Review 232 (1966).

"Federal Issues In and About the Court of Justice of the European Communities,"  40 Tulane Law Review 21 (1965).

Editorials and Commentary:

“Private Ownership, Collective Default,” Newsday, January 10, 2005, p. A29.

“Cushioning the Risks for the Old and the Young”, (with M.J. Graetz), Los Angeles Times, January 27, 2000.

“It’s Congress That Throws a Wrench in the Works; Don’t Blame Those Bureaucrats”,  The Boston Globe, November 9, 1997.

“Is There a Social Security Crisis?”, (with T.R. Marmor), The American Prospect, January, 1997.

“The Great Social Security Scare”, (with T.R. Marmor), The Miami Herald, January 12, 1997.

“The Risk of Privatizing Pensions”, (with T.R. Marmor), The Hartford Courant, January 12, 1997.

“The Real Implications of Privatizing Pensions”, (with T.R. Marmor), Omaha World-Herald, January 7, 1997.

“No Security in ‘Personal Security’ Plan”, (with T.R. Marmor), Los Angeles Times, January 6, 1997.

“Should Social Security Be Privatized”, (with T.R. Marmor), The Baltimore Sun, January 5, 1997.

“Should Social Security Go Private”, (with T.R. Marmor), St. Loius Post Dispatch, December 18, 1996.

“Real Talk About Medicare”, (with T.R. Marmor), The Washington Post, December 5, 1995.

“Medicare Tactics”, (with T.R. Marmor), Pittsburgh Post-Gazette, October 22, 1995.

“Tune-Up is Needed, Not Major Overhaul” (with T.R. Marmor), St. Louis Post-Dispatch, October 17, 1995.

“Retire the Insolvency Myth”, (with T.R. Marmor), Los Angeles Times, July 30, 1995.

“Madison Ave. Meets Marcus Welby”, (with T.R. Marmor), Los Angeles Times, February 19, 1995.

“Critics Use Scare Tactics on Social Security”, (with T. R. Marmor), New Haven Register, November 1, 1994.

“The Odd Jargon on the 95% Promise”, (with M. Goldberg & T.R. Marmor), Los Angeles Times, August 4, 1994.

“Give the States a Crack at Devising Reform”, (with T.R. Marmor), Los Angeles Times, July 5, 1994.

“50 Labs for Reform”, (with T.R. Marmor), The New York Times, June 12, 1994.

“A Tortured Fiction is Swept From the Table”, (with T. R. Marmor), Los Angeles Times, February 18, 1994.

“Now Into the Health-Care Fray: The Know-Nothings”, (with T.R. Marmor), Roanoke Times & World News, February 15, 1994.

“Theatrics Cloud Health-Care Debate”, (with T.R. Marmor), The Plain Dealer, February 13, 1994.

“Making Sense of the Health-Care Debate”, (with T.R. Marmor), Los Angeles Times, February 10, 1994.

“It Will Balance Just Fine”, (with T.R. Marmor), Los Angeles Times, October 7, 1993.

“It’s Rube Goldberg, Not Roosevelt”, (with T.R. Marmor), Los Angeles Times, September 22, 1993.

“The States as Health Care Labs”, (with T.R. Marmor), The New York Times, August 18, 1993.

“A Little Gridlock Might Help”, (with T.R. Marmor), Los Angeles Times, August 15, 1993.

“Health Care Reform Costs: Rumor is Scarier than Reality”, (with T.R. Marmor), Los Angeles Times, July 6, 1993.

“Health Care Reform and the Clinton Proposal: A Citizen’s Guide”, (with T.R. Marmor), Los Angeles Times, May 6, 1993. 

“Creating a Plan for ‘Us-Us’ Medicine”, (with T.R. Marmor), Los Angeles Times, March 26, 1993.

“Checking the Nation’s Pulse:  America’s Health Insurance Fever”, (with T.R. Marmor), The Washington Post, November 17, 1991.

“People Will Pay If All Benefit”, (with T.R. Marmor & P.L. Harvey), Los Angeles Times, October 9, 1991.

“Myths That Explode Like Firecrackers”, (with T.R. Marmor & P.L. Harvey), Los Angeles Times, October 8, 1991.

“If We Want Real Reform, Canada Has an Example”, (with T.R. Marmor & P.L. Harvey), Los Angeles Times, October 4, 1991.

“Political Handcuffs Hobble Debate”, (with T.R. Marmor & P.L. Harvey), Los Angeles Times, October 3, 1991.

“Despite Reports, Social Security Surplus”, (with T.R. Marmor), Boston Globe, May 23, 1988.