PETER H. SCHUCK

Yale office: 
Yale Law School                                         
127 Wall Street
New Haven, CT  06520-8215
(203) 432-4967
FAX  (203) 432-9045
e-mail: peter.schuck@yale.edu

NYC office:
NYU School of Law
40 Washington Square South, Room 508
New York, NY 10012-1099
(212) 998-6275
FAX (212) 995-4881
email: peter.schuck@nyu.edu 

Employment

1968 - 1970 Harvard University, M.A. in Government, completed requirements for Ph.D. except dissertation
1965 - 1966 New York University Law School, LL.M. in International Law
1962 - 1965 Harvard Law School, J.D.
1958 - 1962 Cornell University, B.A.

:

Fulbright Senior Scholarship, India, 2004
Rockefeller Foundation, Residency Fellowship at Bellagio, July-August 2001
Guggenheim Fellowship, 1984-85
Harvard Graduate Prize Fellowship, 1968-70

:

Work in Progress

Articles and Chapters:

Meditations of a Militant Moderate: Cool Views on Hot Topics (Rowman & Littlefield, 2006, cloth and paperback)

Immigration Stories (co-editor, with David A. Martin (Foundation Press, 2005))

Foundations of Administrative Law (editor) (2nd ed.,Foundation Press, 2004, paperback; 1st ed., Oxford University Press, 1994, cloth and paperback) A Chinese translation is forthcoming.

Diversity in America: Keeping Government at a Safe Distance (Harvard University Press/Belknap, cloth 2003, paperback 2005)

The Limits of Law: Essays on Democratic Governance (Westview Press, 2000, cloth and paperback)       

Citizens, Strangers, and In-Betweens: Essays on Immigration and Citizenship (Westview Press, cloth 1998, paperback 2000)

Paths to Inclusion: The Integration of Migrants in the United States and Germany (with Rainer Munz, co-editor) (Berghahn Books, 1998, cloth and paperback)

Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare (W.W. Norton & Co. 1991, cloth and paperback) (editor)

Agent Orange on Trial: Mass Toxic Disasters in the Courts (Belknap/Harvard University Press, 1986 cloth, 1987 enlarged edition in paperback).  Awarded the 1987 Silver Gavel from the American Bar Association for outstanding book on law

Citizenship Without Consent: Illegal Aliens in the American Polity (Yale University Press, 1985  cloth and paperback) (with Rogers Smith)

Suing Government: Citizen Remedies for Official Wrongs (Yale University Press, cloth 1983, paperback 1984)

The Judiciary Committees: A Study of the House and Senate Judiciary Committees (Viking Press, 1975 cloth and paperback)

“Tort Reform, Kiwi-Style,” 27 Yale Law & Policy Review 187-203 (2008)

“Immigration Law’s Organizing Principles: A Response,” http://www.pennumbra.com  

“Preemption Games,” The New Republic Online, http://blogs.tnr.com/tnr/blogs/the_treatment/archive/2009/03/05/preemption-games.aspx

“The Morality of Immigration Policy, 45 San Diego Law Review 865-97 (2008)

“Trimming Litigation,” The American Lawyer (December 2008), pp. 79-80

“FDA Preemption of State Tort Law in Drug Regulation: Finding the Sweet Spot,” 13 Roger Williams Law Review 73-114 (2008)

Review of Daniel Kanstroom, Deportation Nation: Outsiders in American History, 9 Journal of International Migration and Integration, 225-6 (2008)

“Demography, Human Rights, and Diversity Management, American-Style,” 2 Journal of Law & Ethics of Human Rights 87-127 (2008)

“The American Creed,” September 2007, http://www.transatlanticforum.de/pdf/schuck_final.pdf  

"Understanding America," The American Lawyer (May 2008) pp. 73-77

Review of Motomura, Americans in Waiting, 122 Political Science Quarterly 674-76 (2007-08)

"In Diversity We (Sorta) Trust," The American Lawyer (December 2007), pp. 83-84

"Taking Immigration Federalism Seriously," 2007 U. of Chicago Law Forum 57-92

"Bordering on Folly," The American Lawyer (October 2007)

"Law and the Study of Migration," Migration Theory: Talking Across Disciplines (C. Brettell & J. Hollifield, eds., Routledge, 2nd ed., 2007), pp. 239-257

"Safe Harbors," The American Lawyer (July 2007), pp.63-66

"Speaking of Tongues," Democracy: A Journal of Ideas (Summer 2007) http://www.democracyjournal.org/article.php?ID=6541

"Some Reflections on the Future of Mass Torts," 12 Connecticut Insurance Law Journal 505-15 (2005-06)

"The Meaning of Citiznship in a Post-9/11 World," 75 Fordham Law Review 2531-40 (2007)

Essay on affirmative action for Encyclopedia of Law and Society: American and Global Perspectives (D. Clark, ed., Sage Publications, 2007)

"Concluding Thoughts: How the Whole Is Greater than the Sum of Its Parts," in Creating Competitive Markets: The Politics of Regulatory Reform (M. Landy, M. Levin, and M. Shapiro, ed., Brookings Institution Press, 2007) pp. 343-52

"The Disconnect Between Public Attitudes and Policy Outcomes in Immigration," in The Politics of Immigration Reform (C. Swain, ed., Cambridge University Press, 2007), pp. 17-31

Essay on "Citizenship," in Encyclopedia of Legal History: American and Global Perspectives (S. Katz, ed., Oxford University Press, 2007)

"Citizenship and Nationality Policy," in The New Americans: A Guide to Immigration Since 1965 (M. Waters & R. Ueda. eds., Harvard University Press, 2007)

"Toward A Better Future for the Democratic Party," www.openingargument.com , November 2006

"Banish the Bad Apples," The American Lawyer, October 2006, pp. 73-6

"Good Cop, Bad Cop," The American Lawyer, August 2006, pp. 69-71

"Federalism: A View from the United States,"in Global Law v. Local Law (C. Amato & G. Ponzanelli, eds., Giapichelli, 2006)

"Federalism," 38 Case Western Reserve Journal of International Law 5-12 (2006)

"Kim Barry’s Fruitful Provocation," 81 New York University Law Review 3-10 (2006)

"Rebels No More," The American Lawyer, April 2006, pp. 79-82 (review of Laura Kalman, Yale Law School and the Sixties)

"Diversity, Community, and Government Action," in Uniting America: Restoring The Vital Center to American Democracy (N. Garfinkle & D. Yankelovich, eds., Yale University Press, 2005)

http://legalaffairs.org/webexclusive/debateclub_diversity0106.msp (online debate in Legal Affairs about viewpoint diversity on elite law faculties)

"Leftward Leaning," The American Lawyer, December 2005, pp. 77-79

"The Story of Kleindienst v. Mandel: Plenary Power and the Professors," in Immigration Stories (D. Martin & P. Schuck, eds.), chap. 7

"El poder judicial en una democracia," in Los Limites de la Democracia (Roberto Saba, ed., 2005), pp. 327-38 (English version also available)

"Incivility’s Virtues," The American Lawyer (June 2005), pp.

"Why Regulating Guns through Litigation Won’t Work," in Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts (Timothy D. Lytton, ed., U. of Michigan Press, 2005)

Author’s response to comments on Diversity in America, 23 Yale Law & Policy Review 75-91 (2005)

"Vital Centrism," The American Lawyer (January 2005), pp. 61-5

"Diversity and Candor," http://www.scu.edu/ethics/publications/submitted/schuck/diversity-and-candor.html

"No Stranger to Rights," The American Lawyer (November 2004), pp. 59-63. Reprinted in Legal Times, Nov. 22, 2004, p. 60

"Passage to India," The American Lawyer (November 2004), pp. 100-05

Remarks in "Symposium: Brown v. Board of Education at Fifty: Have We Achieved Its Goals?," 78 St. John’s Law Review 311-320 (2004)

"Special Dispensation," The American Lawyer (June 2004), pp. 69-71 (on 9/11 Compensation Fund)

"Equal Opportunity Recruiting," The American Lawyer, January 2004, pp. 57-59. A shorter version is published as "Why Yale should open its interview program to the military," Yale Alumni Magazine (January/February 2004), pp. 23-4.

"Reflections on Grutter," The Jurist, http://jurist.law.pitt.edu/forum/symposium-aa/index.php (Sept. 9, 2003)

"Free to Lie," The American Lawyer (August 2003), pp. 59-61

"Some Thoughts on Victim Compensation," http//:www.ncvc.org

"Tarasoff v. Regents of the University of California: The Therapist’s Dilemma" in Tort Stories, R. Rabin & S. Sugarman, eds., Foundation Press, 2003), pp. 99-128 (with Daniel J. Givelber)

"Defensible Discrimination," The American Lawyer (July 2003), pp. Also published in Legal Times, June 9, 2003, p. 60

"Affirmative Action Is Poor Public Policy," Chronicle of Higher Education, May 2, 2003, pp.

"Chartering a New Course," The American Lawyer (Jan. 2003), pp.

"Remembering Gary Schwartz," 50 UCLA Law Review 275-78 (2002)

"Some Federal-State Developments in Immigration Law," 58 NYU Annual Survey of American Law 387-90 (2002)

"Slavery Reparations: A Misguided Movement,"http://jurist.law.pitt.edu/forum/forumnew78.php Jurist (Dec. 9, 2002). Http://jurist.law.pitt.edu/forum/forumnew78.php

Review of Aleinikoff, Semblances of Sovereignty, in 117 Political Science Quarterly 536-538 (2002).

"China’s Legal Tea Leaves," The American Lawyer (November 2002), pp. 73-75.

"The Pledge on the Edge," The American Lawyer (September 2002), pp. 65-69.

"Liberal Citizenship," in Handbook of Citizenship Studies (E. Isin & B. Turner, eds., Sage Publishing Co., 2002), chap. 8, pp. 131-144.

"Groups in a Diverse, Dynamic, Competitive, and Liberal Society: A Comment on Owen Fiss’s ‘Groups and the Equal Protection Clause’" online at: http://www.bepress.com/ils/iss2/art15

"Judging Remedies: Judicial Approaches to Housing Segregation," 37 Harvard Civil Rights-Civil Liberties Law Review 289-368 (2002). A shorter version is published in Diversity in America,, chap. 6

"Diversity Dodge," The American Lawyer, July 2002, pp. 75-76

"Affirmative Action: Past, Present, and Future," 20 Yale Law & Policy Review 1-97 (2002). A shorter version is published in Diversity in America , chap. 5. A very short version appears as "Affirmative Action: Don’t End It or Mend It – Bend It," Brookings Review, Winter 2002, pp. 24-27, reprinted in Current Controversies: Racism (Gale Publications, 2003) and in Perspectives on American Politics (W. Lasser, ed., Houghton Mifflin, 2004).

"Tort Liability," in The Tools of Government: A Guide to the New Governance (L. Salamon, ed., Oxford U. Press, 2002), chap. 15, together with workbook on tobacco litigation.

"A Case for Profiling," The American Lawyer, January 2002, pp. 59-61. A shorter version is published in the Los Angeles Times, Jan. 26, 2002.

"Legal Liability," entry in International Encyclopedia of the Social and Behavioral Sciences (N. J. Smelser & Paul B. Baltes, eds., Pergamon, Oxford, 2001), pp. 8774-79. Also in an online version (2002).

"Immigration Reform Redux," in Seeking the Center: Politics and Policymaking at the New Century (M. Levin, M. Landy, & M. Shapiro, eds., Georgetown U. Press, 2001), chap. 5.

"Smoking Gun Lawsuits," The American Lawyer, September 2001, pp. 81-5.

"The Perceived Values of Diversity, Then and Now," 22 Cardozo Law Review 1915-60 (2001). A shorter version is published in Diversity in America, chap. 3

"Immigration at the Turn of the New Century," 33 Case Western Reserve Journal of International Law 1-11 (2001).

"The Classroom Clash," The American Lawyer, February 2001, pp. 63-4.

"Benched: The Pros and Cons of Having Judges Make Law," The Washington Monthly, December, 2000, pp. 35-41.

"A Reply to Professor Rubin," Books on Law (http://jurist.law.pitt.edu/lawbooks/reviews.htm), October 6, 2000

"The Discretionary Function Exception in the Second Circuit," 20 Quinnipiac Law Review 55-73 (2000) (with James Park)

"Law and Post-Privatization Regulatory Reform: Perspectives from the U.S. Experience," in Post-Privatization Regulation in Latin America: Post-Privatization Realities (L. Manzetti, ed., 2000), pp. 25-48

"Citizenship in Federal Systems," 48 American Journal of Comparative Law 195-226 (2000). A slightly different version is published in Federalism (M. Calvo-Garcia and W.L.F. Felstiner," eds., Dykinson, 2004). A shorter version is published in Individual, Community, Nation: 50 Years of Australian Citizenship (K. Rubenstein, ed., 2000), pp. 150-169. Also reprinted in Immigration and Nationality Law Review

"Law and the Study of Migration," Migration Theory: Talking Across Disciplines (C. Brettell & J. Hollifield, eds., Routledge, 2000), pp. 187-204

"The Politics of Asylum," The Public Interest, Summer 2000, pp. 125 (book review)

"Diversity Demands Exclusivity," The American Lawyer, September 2000, pp. 67-69

"Class Clarity," The American Lawyer (January 2000), pp. 41-42

"A Response to the Critics," 12 Harvard Human Rights Journal 385-88 (1999)

"Removing Criminal Aliens: The Pitfalls and Promises of Federalism," 22 Harvard Journal of Law & Public Policy 367-463 (1999) (with John Williams)

"Judicial Avoidance of Juries in Mass Tort Litigation," 48 DePaul Law Review 479-502 (1998)

"Current Debates About U.S. Citizenship," in 21 In Defense of the Alien (L. Tomasi, ed., 1999), pp. 80-98

"The Problem with Punitive Damages," The American Lawyer (May 1999), pp. 97-98

"Delegation and Democracy: Comments on David Schoenbrod," 20 Cardozo Law Review 775-793 (1999)

"Comment: the Normative and Political Structure of Family Unification in Immigration Policy," in Immigration Control and Human Rights (K. Hailbronner & E. Klein, eds., C.F. Muller, 1999), pp. 117-124

"Lawyers and Policymakers in Government," 61 Law & Contemporary Problems 7-18 (Winter 1998)

"Border Crossing," The American Lawyer (January-February 1999), pp. 78-80

"The Profession and the Professors," The American Lawyer (June-July 1998), pp. 85-86

"Plural Citizenships," in Immigration and Citizenship in the 21st Century (N. Pickus, ed., Rowman & Littlefield, 1998), chapter 5. Also published in Dual Nationality, Social Rights, and Federal Citizenship in the U.S. and Europe (P. Weil & R. Hansen, eds., Berghahn, 2002), chap. 3.

"Introduction" and "The Treatment of Aliens in the U.S." in Paths to Inclusion: The Integration of Migrants in the United States and Germany (P. Schuck & R. Munz, eds., Berghahn Books, 1998), pp. vii-xxii and 203-246

"Reflections on the Effects of Immigrants on African Americans -- and Vice-Versa," in Help or Hindrance? The Economic Implications of Immigration forAfrican-Americans (D.S. Hamermesh & F.D. Bean, eds., Russell Sage Foundation, 1998), pp. 361-375

"No Fault, No Foul," The New Republic, May 4, 1998, pp. 15-16

"The Open Society,"The New Republic, April 13, 1998, pp. 16-18

"The Reevaluation of American Citizenship," 12 Georgetown Immigration Law Journal 1 (1997). An earlier version is published in Challenge to the Nation-State: Immigration in Western Europe and the United States (C. Joppke, ed., Oxford U. Press, 1998), chap. 6

"The Legal Rights of Citizens and Aliens in the U.S." (in Temporary Workers or Future Citizens: Japanese and U.S. Migration Policies (M. Weiner & T. Hanami, eds., NYU Press, 1998)

"INS Detention and Removal: A White Paper," 11Georgetown Immigration Law Journal 667-708 (1997)

"Refugee Burden-Sharing: A Modest Proposal," 22 Yale Journal of International Law 243-297 (1997)

"Against (And For) Madison: An Essay in Praise of Factions," 15 Yale Law & Policy Review 553-597 (1997)

"Perpetual Motion," 95 Michigan Law Review 1738-1760 (1997) (review essay on Thomas Sowell, Migration and Culture: An International Perspective)

"Introduction: Some Reflections on the Federalism Debate," in Yale Law & Policy Review and Yale Journal on Regulation, Symposium issue, March 1996, pp. 1-22

"Alien Ruminations," 105 Yale L.J. 1963-2012 (1996)

"Political Structure and Politics that Facilitate Assimilation of Immigrants," in In Defense of the Alien, Vol. XVIII (L. Tomasi, ed., Center for Migration Studies, 1995); translated in R.

Gargarella, ed., Derecho y Grupos Desaventajados (Gedisa Editorial, Barcelona, 1999), pp. 209-20

"Let Them In," The New Republic, September 4, 1995, pp.13-14 (with Julie Schuck)

"Mass Torts: An Institutional Evolutionist Perspective," 80 Cornell Law Review 941-989 (1995)

"The Message of 187," The American Prospect 85-92 (No. 21, Spring 1995). A footnoted version appears in "The Message of Proposition 187," 26 Pacific Law .Journal 989-1000 (1995)

"Tortured Logic," The New Republic, March 27, 1995, pp. 11-12

"Whose Membership Is It, Anyway? Comments on Gerald Neuman," 35 Virginia Journal on International Law 321-31 (1994)

"Tort Liability To Those Injured By Negligent Accreditation Decisions," 57 Law & Contemporary Problems 185-197 (1994)

"Rethinking Informed Consent," 103 Yale Law Journal 899-959 (1994). Shorter versions appear in A Health Law Reader: An Interdisciplinary Approach (J. Robinson et al., eds., 1999), pp. 255-73, and in Patients Rights: Informed Consent, Access and Equality (L. Westerhall & C. Phillips, ed.) (Stockholm: Nerenius & Santerus, 1994).

"Race Matters" (review essay), 2 Reconstruction 84-89 (1994)

"The New Immigration and the Old Civil Rights," The American Prospect, no. 15 (Fall 1993), pp. 102-111. This is also reprinted as chapter 6 in Peter H. Schuck, Citizens, Strangers, and In-Betweens: Essays on Immigration and Citizenship (1998), and as "The Evolving Civil Rights Movement: Old Civil Rights and New Immigration, in Current, Jan. 1994, at p. 13. Short excerpts appear in The Reconciler, Spring 1996, p. 3. Another version is forthcoming in Immigration and Race Relations (G. Jaynes ed., forthcoming Yale U. Press, 1997). Remarks adapted from this appear in 11 New York Law School Journal of Human Rights 54-549 (1994)

"Mapping the Debate over Jury Reform," in Verdict: Assessing the Civil Jury System (R. Litan, ed. 1993), chap. 9. A short, unfootnoted version will appear in 77 Judicature 1-7 (March-April 1994)

"Public Law Litigation and Social Reform" (review essay) 102 Yale Law Journal 1763-86 (1993))

"Multi-Culturalism Redux: Science, Law, and Politics," 10 Yale Law and Policy Review 1-46 (1992)

"Continuity and Change: Patterns of Immigration Litigation in the Courts," 45 Stanford Law Review 115-183 (1992)

"Legal Complexity: Some Causes, Consequences, and Cures," 42 Duke Law Journal 1-52 (1992)

"The Politics of Rapid Legal Change: Immigration Policy in the 1980s," in 6 Studies in American Political Development 37-92 (S. Skowronek & K. Orren, eds., 1992); a shorter version is published in The New Politics of Public Policy (M. Landy & M. Levin, eds., Johns Hopkins University Press, 1994) 47-87

"The Worst Should Go First: Deferral Registries in Asbestos Litigation," 15 Harvard Journal of Law and Public Policy 541-594 (1992). A shorter version appears in 75 Judicature 1-13 (1992)

"Consensual Citizenship," 16 Chronicles 21-25 (July 1992) (with Rogers Smith)

"Citizenship" and "Governmental Wrongs" entries in Encyclopedia of the American Constitution (L. Levy, ed., 1991)

"The U.S. Perspective on Catastrophic Torts," in The Cambridge Lectures - 1991 (F. McArdle, ed., 199_)

"The Emerging Consensus on Immigration Law in the 1990s," 5 Georgetown Imm. L. J. 1-33 (1991). A shorter, earlier, unfootnoted version is published as "The Great Immigration Debate," 1 The American Prospect 100-118 (Fall 1990); a reply to a critic is at 1 The American Prospect 20-22 (Winter 1991)

"Scheduled Damages and Insurance Contracts for Future Services: A Comment on Blumstein, Bovbjerg, and Sloan," 8 Yale J. Reg. 213-21 (1991)

"Two Causation Conundrums: Mass Exposures and Social Causes," 1 Courts, Health Science & the Law 305-19 (1991)

"Obstacles to Suing the Government," _ The World & I __ (1991)

"Immigration, Refugee, and Citizenship Law in the United States," in Immigrants in Two Democracies: French and American Experience (D. Horowitz and G. Noiriel, eds., NYU Press, 1992)

"To the Chevron Station: An Empirical Study of Federal Administrative Law," 1990 Duke L.J. 984-1077 (with E. Donald Elliott). Abbreviated versions are published as "A Model for Empirical Research on Administrative Law," 42 Admin. L. Rev. 519-43 (1990), and in Administrative Law (P. Cane, ed., 2002), pp. 193-217

"Il risarcimento del danno alla persona: l'esperienza nordamericana" ("Compensation for personal injuries: the North American experience"), in Giornate Di Studio Sul Danno Alla Salute (Luciani & Poletti, eds., Padua: 1990), at pp. 355-61

"Agent Orange on Trial," in P. Atwood, ed., Agent Orange: Medical, Scientific, Legal, Political and Psychological Issues (U. Mass. at Boston, 1990), pp. 54-57

"The Civil Liability of Judges in the United States," 37 American Journal of Comparative Law 655-73 (1989)

"Why Don't Law Professors Do More Empirical Research?," 39 Journal of Legal Education 323-36 (1989); also translated in Martin F. Bohmer, ed., La Ensenanza del Derecho y el Ejercicio de la Abogacia (Gedisa Editorial, Barcelona, 1999), pp.

"Municipal Liability Under Section 1983: Some Lessons From Tort Law and Organization Theory," 77 Georgetown L. J. 1753-85 (1989); excerpted in A Section 1983 Civil Rights Anthology (S. Nahmod, ed. 1993), at 65-75

"Overview: Immigration Law and Policy in the 1990s," 7 Yale L. & Policy Rev. 1-19 (1989)

"Government Funding for Organ Transplants," 14 Journal of Health Politics, Policy, and Law 169-190 (1989); also published in J. Blumstein & F. Sloan, eds., Organ Transplantation Policy: Issues and Prospects (Duke University Press, 1989), pp. 169-190

"Membership in the Liberal Polity: The Devaluation of American Citizenship," in R. Brubaker, ed., Immigration and the Politics of Citizenship in Europe and North America (University Press of America, 1989), chap. 2; also published in 3 Georgetown Immigration L.J. 1-18 (1989) and in 6 Revue Europeenne des Migrations Internationales 93-110 (1990)

"Some Reflections on the Baby M Case," 76 Georgetown L. J. 1793-1810 (1988); a summary, from remarks to a Federalist Society Symposium, is also published as "The Social Utility of Surrogacy" in 13 Harvard Journal of Law & Public Policy 132-38 (1990), and in ______, ed., Human Sexuality (Greenhaven Press, 1991).

"The New Judicial Ideology of Tort Law," in W. Olson, ed., New Directions in Liability Law (Academy of Political Science, 1988), pp. 4-17. Also published in 92 The Public Interest 93-109 (Summer 1988)

"The Thickest Thicket: Partisan Gerrymandering and Judicial Regulation of Politics," 87 Columbia L. Rev. 1325-1384 (1987). A shorter version appears in B. Grofman, ed., Political Gerrymandering and the Courts (Agathon Press, 1990)

"What Went Wrong With the Voting Rights Act," 19 The Washington Monthly 51-55 (November 1987) (review essay)

"The Status and Rights of Undocumented Aliens in the United States," in Cross-Border Relations: European and North American Perspectives (S. Ercmann, ed., Shulthess Polygraphischer Verlag, Zurich, 1987). Also published in 25 International Migration 125-38 (1987).

"Regulatory Reform in the Third World: The Case of Peru," 4 Yale J. on Regulation 51-78 (1986) (with Robert Litan). Also appears as Brookings Series, Reprint No. 426 (Brookings Institute, 1987) A shorter version appears in 11 Regulation 36-43 (1987).

"The Supreme Court and Immigration Law in the 1980's: Some Impressions," in 9 In Defense of the Alien (L. Tomasi, ed., Center for Migration Studies, 1987), at 34-45

"The Role of Judges in Settling Complex Cases: The Agent Orange Example," 53 U. of Chicago L. Rev. 337-65 (1986)

"Designing Hospital Care Subsidies for the Poor," in Uncompensated Care: Rights and Responsibilities (F. Sloan et al., eds., Johns Hopkins University Press, 1986), chapter 4

"Immigration Law and the Problem of Community," in Clamor at the Gates: The New American Immigration (N. Glazer, ed., Institute for Contemporary Studies, 1985), 285-307

"The Politics of Economic Growth," 2 Yale L. & Policy Rev. 359-81 (1984) (review essay)

"When the Exception Becomes the Rule: Regulatory Equity and the Formulation of Energy Policy Through An Exceptions Process," 1984 Duke L. J. 163-300 (1984)

"The Transformation of Immigration Law," 84 Col. L. Rev. 1-90 (1984). Excerpts are published in Law and Migration (S. Goulbourne, ed., 1998), chap. 7

"Regulation, Non-Market Values, and the Administrative State: A Comment on Professor Stewart," 93 Yale L. J. 1602-13 (1983)

"Organization Theory and the Teaching of Administrative Law," 33 J. Leg. Educ. 13-23 (1983)

"Malpractice Liability and the Rationing of Care," for the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, November 13, 1981. Also published at 59 Texas L. Rev. 1421 (1982)

"Age Discrimination Revisited," 57 Chicago-Kent L. Rev. 1029-47 (1981)

"Suing Our Servants: The Court, Congress and the Liability of Public Officials for Damages," 1980 Supreme Court Review 281-368 (1981)

"The Politics of Regulation," 90 Yale L. J. 702-25 (1981) (review essay)

"The Graying of Civil Rights Law: The Age Discrimination Act of 1975," 89 Yale L. J. 27-93 (1979). A shorter version appears in 60 The Public Interest 63-93 (Summer 1980). Portions are reprinted in T. Eisenberg, Civil Rights Legislation (1981)

"Litigation, Bargaining, and Regulation," 3 Regulation 26-34 (July/August 1979). Portions are reprinted in Evans et al., Administrative Law: Cases, Text, and Materials (1981)

"A Tool for Assessing Social Legislation," in Clark et al., eds., Reforming Regulation (1980), at 117-23

"Regulation: Asking the Right Questions," Natl. J., April 28, 1979, at 711-17

"On the Chicken Little School of Regulation," The Washington Post, Outlook Section, January 28, 1979

"Public Interest Groups and the Policy Process," 37 Public Admin. Rev. 132-40 (March/April 1977). Reprinted elsewhere.

"Whisperings in the Press Gallery," and "Letter," Harper's, March 1977 and April 1977

"Terry and the Pirates," The New Republic, September 11, 1976

"National Economic Planning: Slogan Without Substance," 45 The Public Interest 63-78 (Fall 1976). Reprinted elsewhere

"The Ethics of Lawyering Advertising," Discovery (1976)

"Lawyers' Fees," The New Republic, October 11, 1975

"Why Regulation Fails," Harper's, September 1975, at 16-29. Reprinted elsewhere

"Keeping Secrets," The New Republic, June 7, 1975

"The Consumer Class Action: An Endangered Species," 12 San Diego L. Rev. 39-75 (1974) (with Marsha Cohen)

"Electronic Funds Transfer Systems: A Technology in Search of a Market," in The Economics of a National Electronic Funds Transfer System (Federal Reserve Bank of Boston, 1974), at 151-64. Also published in 35 Maryland L. Rev. 78-87 (1975)

"The Possibilities of Effecting Institutional Change," Prepaid Legal Services and Beyond (American Bar Association, 1974), at 108-14

"In the Consumer Interest," International Consumer, Winter 1973-74

"A Consumer's View of the Health Care System," in Ethics of Health Care (National Academy of Sciences, 1974), at 95-118

"The Nader Chronicles," 50 Texas L. Rev. 1455-67 (1972)

"The Curious Case of the Indicted Meat Inspectors," Harper's, September 1972. Reprinted in R. Stillman, ed., Public Administration: Concepts and Cases (2nd ed. 1980) and elsewhere

"Black Land-Grant Colleges: Discrimination as Public Policy," Saturday Review, June 24, 1972. Reprinted elsewhere

"Tied to the Sugar Lands," Saturday Review, May 6, 1972. Reprinted elsewhere

"Democracy and the Good Life in a Company Town: The Case of St. Mary's," Harper's, May 1972 (with Harrison Wellford). Reprinted elsewhere

"Food Anyone?," The Progressive, May 1972

"An Alternative to the Nixon Income Maintenance Plan," 19 The Public Interest 120-30 (Spring 1970) (with Richard Zeckhauser). Reprinted in Crandall and Eckhaus, eds., Contemporary Issues in Economics: Selected Readings (Little Brown & Co. 1972), at 461-66

Shorter Essays, Reviews, Commentaries, Op-Eds, and Poem

Birthright Citizenship
House Judiciary Committee, December 13, 1995

Revision of Federal Tort Claims Act
House Judiciary Committee, April 14, 1988

Revision of Federal Tort Claims Act
Senate Judiciary Committee, Subcommittee on Agency Administration, March 31, 1982, in "Federal Tort Claims Act," pp. 13-122.

Federal Trade Commission
House Commerce Committee, Subcommittee on Consumer
Protection and Finance, March 8, 1977

Banking Regulation
House Government Operations Committee, Subcommittee on Commerce, Consumer and Monetary Affairs, March 2, 1977

Truth in Lending Act Enforcement
House Government Operations Committee, Subcommittee on Commerce, Consumer, and Monetary Affairs, September 16, 1976, in "Federal Banking Agency Enforcement of Truth in Lending Act," pp. 20-28

Oversight of the Bank Regulatory Agencies
Senate Banking, Housing and Urban Affairs Committee, July 28, 1976

Control of Health Care Costs
Council on Wage & Price Stability, June 29, 1976

Attorney's Fees and Reimbursement of Agency Intervenor Senate Judiciary Committee, Subcommittee on Administrative Practice and Procedure, January 30, 1976, in "Public Participation in Federal Agency Proceedings, S. 2715," pp. 40-65

Attorney's Fees
House Judiciary Committee, Subcommittee on Courts Civil Liberties, and the Administration of Justice, October 8, 1975

Banking Regulation
Senate Banking, Housing and Urban Affairs Committee, Subcommittee on Financial Institutions, June 11, 1975, in "Financial Institutions Act of 1975"

Federal Energy Administration Procedures
Senate Judiciary Committee, Subcommittee on Separation of Powers, June 3, 1975

Federal Energy Administration
Senate Interior and Insular Affairs Committee, April 28, 1975, in "Federal Energy Administration Oversight"

Banking Regulation
House Banking and Currency Committee, Subcommittee on Domestic Monetary Policy, April 23, 1975, in "Audit of the Federal Reserve"

Consumer Product Safety Act
House Commerce Committee, Subcommittee on Consumer Protection and Finance, April 22, 1975, in "Consumer Product Safety Commission Improvements Act"

Banking Regulation
Senate Banking, Housing and Urban Affairs Committee, Subcommittee on Financial Institutions, March 14, 1975, in "Electronic Funds Transfer Moratorium Act of 1975," pp. 87-89

Consumer Product Safety Commission
Senate Commerce Committee, Subcommittee for Consumers, February 28, 1975, in "Consumer Product Safety Commission Oversight," Committee Serial 94-12A, pp. 20-32

Regulatory Reform
Senate Commerce Committee, November 20, 1974, in "To Create a National Commission on Regulatory Reform," Committee Serial 93-127, pp. 208-15

Utility Regulation
House District of Columbia Committee, September 30, 1974, in "Utility Rates and People's Counsel for the Public Service Commission," Committee Serial 93-38

Banking Regulation
Senate Banking, Housing and Urban Affairs Committee, Subcommittee of Financial Institutions, July 25, 1974, in "Variable Rate Securities and Disintermediation," pp. 235-47

Natural Gas Regulation
Senate Commerce Committee, November 7, 1973, in "Consumer Energy Act of 1974, Part 2," Committee Serial 93-63

Wholesome Meat Act
Senate Commerce Committee, Subcommittee on Agriculture, Agricultural Research, and General Legislation, September 20, 1973

Consumer Protection Agency
House Government Operations Committee, Subcommittee on Legislation and Military Operations, September 19, 1973, in "To Establish a Consumer Protection Agency"

Freedom of Information Act
House Government Operations Committee, June 7, 1973, in "Freedom of Information, Executive Privilege, Secrecy in Government," Vol. 2

Consumer Protection Agency
Senate Government Operations Committee, Subcommittee on Reorganization, Research, and International Organizations, March 28, 1973, in "To Establish an Independent Consumer Protection Agency"

Life Insurance
Senate Judiciary Committee, Subcommittee on Antitrust and Monopoly, February 23, 1973, in "Life Insurance Industry, Part 3"

Discrimination Against Black Land-Grant Colleges -- Senate Subcommittee on Migratory Labor, June 19, 1972, in "Farmworkers in Rural America, 1971-71; Part 4A: The Role of Land Grant Colleges."

PCB's in Food Supply
House Commerce Committee, Subcommittee on Public Health and Environment, September 14, 1971, in "FDA Oversight: Food Inspection," Committee Serial 92-51

Food Safety
House Commerce Committee, Subcommittee on Public Health and Environment, August 4, 1971, in "FDA Oversight: Food Inspection," Committee Serial 92-51

LITIGATION (Partial List)

Union v. Periodical Correspondents' Association, 365 F. Supp. 18, reversed, 515 F.2d 1341 (D.C. Cir. 1975), cert. denied, ___ U.S. ___, 96 S. Ct. 780 (1976). Constitutional challenge to congressional press rules excluding Consumers Reports.

Union v. Federal Power Commission, 510 F.2d 656, rehearing denied, 510 F.2d 661 (D.C. Cir. 1975). Successful challenge to FPC's costing method in optional procedure cases.

Union v. Sawhill, 512 F.2d 1112 (TECA 1975), reversed en banc (4-3 decision), 525 F.2d 1068 (1975). Challenge to FEA's pricing regulations on "new" and "released" crude oil.

Union v. Zarb, 523 F.2d 1401 (TECA 1975), affirming, 383 F. Supp. 639 (D.D.C. 1975). Successful challenge to FEA pricing regulations on unleaded gasoline.

Union v. Cost of Living Council, 491 F.2d 1396 (TECA 1974), cert. denied sub nom. Business Roundtable v. Consumers Union, 416 U.S. 984 (1974). Successful challenge to Council's public disclosure regulations governing corporate date during Phases 2 and 3 of the price control programs.

Union v. Consumer Product Safety Commission, 491 F.2d 810 (2d Cir. 1974). Unsuccessful challenge to regulations on electrical hazards in toys.

Union v. Federal Reserve Board, 410 F. Supp. 63 (D.D.C. 1976), appeal pending in D.C. Circuit. Successful suit under Freedom of Information Act to obtain comparative interest rates on consumer loans changed by board-regulated banks. The District Court granted the first award of attorney's fees under the FOIA, and the Government has appealed.

Union v. American Bar Association, 427 F. Supp. 506 (E.D. Va. 1976) (three-judge court), vacated and remanded, 433 U.S. 917 (1977). This suit was the first to challenge the legal profession's ethical restrictions on advertising and solicitation.

Union v. Richardson, ___ F. Supp. ___ (D.D.C. 1974). Successful suit under the Freedom of Information Act to compel public disclosure of Antitrust Division's "business review procedure" correspondence.

Union v. Albright, Superintendent of Banks, 427 F. Supp. 840, vacated and remanded sub nom. Consumers Union v. Heiman. Challenge on constitutional grounds to the statutory restrictions on the availability to consumers of low-cost savings bank life insurance.

v. Goodwin, ___ F. Supp. ___ (E.D. Va. 1978) (three-judge court), appeal dismissed for want of jurisdiction, ___ U.S. ___ (1977). This suit challenged the constitutionality of state laws which requires that all members of the state occupational licensing boards must be from regulated occupation.

Union v. Weinberger. Successful challenge to administration of the Hill-Burton Act program to support outpatient facilities in poverty areas.

Union v. Consumer Product Safety Commission. Suit under Freedom of Information Act to compel disclosure of certain data that industry had suppressed through so-called "reverse FOIA" action.

Union v. Schmidt, 409 F. Supp. 473 (D.D.C. 1976).
Unsuccessful suit testing applicability of Federal Advisory Committee Act to meetings between FDA and the cosmetic industry.

Union v. Butz. Challenge to USDA's food stamp regulations issued early in 1975. Suit was mooted by congressional action, but only after a temporary restraining order forced USDA to rescind the regulations.

Union v. Comptroller of the Currency, 589 F.2d 531 (D.C. Cir. 1978). Unsuccessful suit under the Freedom of Information Act to compel disclosure of reports on national banks' complying with truth-in-lending law; the first suit to test the scope of the FOIA exemption for bank examination reports.

Miscellaneous

Speeches and lectures to numerous professional, academic, business, university, government and citizen groups in U.S., Japan, France, Germany, Italy, Sweden, Canada, U.K., U.S.S.R., Chile, Argentina, Peru, and elsewhere

Visiting Professorships: Jean Monnet Scholar-in-Residence, European University Institute (Florence, Italy; January 1996); Visiting Professor, N.Y.U. Law School (Fall semester 1994); Scuola Superiore Di Studi Universitari E Di Perfezionamento S. Anna in Pisa, Italy, May 1989, May 1991, January 1996, May 2005; Georgetown University Law Center, 1986-87; Visiting Scholar, American Enterprise Institute for Public Policy Research, 1979

Study Commissions: National Academy of Sciences, Committee on Risk and Decision-Making, 1979-81; Task Force on Group Status in America, American Jewish Committee, 1980-81

Non-Profit Board Memberships: Humanity in Action, 1997- ; Community Mental Health Center Foundation, 1993- ; I Have A Dream, New Haven, 1993- ; Initiative for Public Interest Law at Yale, 1990-3; Creative Arts Workshop, 1988-91; Friends of Legal Services for South Central Connecticut, 1981- ; Asian Community Services, 1984-86; Hillel Sunday School at Yale, 1980-86; National Council for Public Assessment of Technology, 1975-78; Washington Center for the Study of Services, 1975-77; Consumer Federation of America, 1975-76; D.C. Bar, Division on Antitrust Trade Regulation and Consumer Protection, 1975-76; Policy Council, Association for Public Policy Analysis and Management, 1987-91

Consultancies and Expert Testimonies: State of Connecticut, 1994-98 (arbitrator in transportation dispute with New York State); U.S. Department of Justice, 2005 (on remedies for civil rights violations); ACE Insurance (2004-05) (on tort litigation); CNA Insurance Co., 2004-05 (on asbestos litigation); Canadian Department of Justice 1994, 2005 (on citizenship issues); lawyers for plaintiffs and defendants in various personal injury and civil rights litigation; 3M, 1995-96 (on breast implant litigation); Center for Claims Resolution, 1991-94 (on asbestos litigation); Kroll Associates, 1989 (on congressional rules); Administrative Conference of the United States, 1983-91 (on administrative law issues); Environmental Protection Agency, 1983-84 (on regulatory issues); Institute for Liberty and Democracy, Lima, Peru, 1984- (on regulatory reform); Ford Foundation, Project on Business and the Media, 1976-77 (on TV series)

Advisory Committees: American Law Institute, Restatement (Third) of Torts: General Principles, 1998- ; Connecticut Mental Health Center, 1990- (chair); College of Arts and Sciences, Cornell University, 1978-81; National Science Foundation Studies on regulation, 1976-77; Public Member, National Advisory Committee to the Comptroller of the Currency, 1976-77

Yale University Committees: Chair, Advisory Committee on Investor Responsibility, 1990-92; Member, Committee on Retirement Issues, 1989-91; chair and member, numerous Law School committees

Regulation Books Editor, Journal of Public Policy Analysis and Management, 1984-85

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