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About the Authors

Lisa Schultz Bressman

E-mail address: lisa.bressman@vanderbilt.edu

Education
J.D., University of Chicago
B.A., Wellesley College

Background

Lisa Schultz Bressman was named Associate Dean for Academic Affairs in 2010. Dean Bressman is an innovative scholar in administrative law. Her most recent work challenges the binary distinction between executive-branch and independent agencies, with a particular focus on financial agencies. In prior work, she has used insights from positive political theory to better describe and defend administrative procedures. She has also written several pieces that explore the relationship between accountability and arbitrariness in agency decision-making. Dean Bressmanís work includes empirical analyses, such as one project done in collaboration with colleague Michael Vandenbergh, studying the agency experience with presidential control. Recently, she co-authored with Ed Rubin and Kevin Stack a course book entitled The Regulatory State, which is designed to teach statutes and regulations to students in the first year of law school. Dean Bressman served as Co-director of Vanderbilt's Regulatory Program from 2006 to 2010. She joined the Vanderbilt law faculty in 1998 after working in the Office of Legal Counsel in the Department of Justice and clerking for U.S. Supreme Court Justice Stephen Breyer and Judge Jose A. Cabranes on the U.S. Court of Appeals for the Second Circuit. Dean Bressman was a Roscoe Pound Visiting Professor of Law at Harvard Law School in fall 2008. She teaches Administrative Law, Constitutional Law I, Government and Religion, Problems at the Interface of Tort and Regulatory Law, and the Regulatory State (first-year course).

Books

The Regulatory State (Aspen Publishers, 2010) (with Edward L. Rubin and Kevin M. Stack)

Articles

"The Future of Agency Indepedence," 63 Vanderbilt Law Review 599 (2010) (with Robert Thompson)

"Chevron's Mistake," 58 Duke Law Journal 549 (2009)

"Deference and Democracy," 75 George Washington Law Review 761 (2007) (inaugural administrative law issue)

"Legitimacy, Selectivity, and the Disunitary Executive: A Reply to Sally Katzen," 105 Michigan Law Review 1511 (2007) (with Mike Vandenbergh)

"Procedures as Politics in Administrative Law," 107 Columbia Law Review 1749 (2007)

"Inside the Administrative State: A Critical Look at the Practice of Presidential Control," 105 Michigan Law Review 1 (2006) (with Michael Vandenbergh)

"How Mead Has Muddled Judicial Review of Agency Action," 58 Vanderbilt Law Review (2005)

"Judicial Review of Agency Inaction: An Arbitrariness Approach," 79 New York University Law Review 1657 (2004)

"Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State," 78 New York University Law Review 461 (2003)

"Disciplining Delegation After Whitman v. American Trucking Ass'ns," 87 Cornell Law Review 101 (2002)

"Accommodation and Equal Liberty," 42 William & Mary Law Review 1007 (2001)

"Schechter Poultry at the Millennium: A Delegation Doctrine for the Administrative State," 109 Yale Law Journal 1399 (2000)




 

 

Edward L. Rubin

E-mail address: ed.rubin@vanderbilt.edu

Photo - Edward L.  Rubin

Education
J.D., Yale University
A.B., Princeton University

Background
Ed Rubin is a distinguished and erudite scholar whose research has addressed a broad range of topics. He is the author of numerous books, articles and chapters, including two volumes published in 2005, Beyond Camelot: Rethinking Politics and Law for the Modern State (Princeton University Press) and Federalism: A Theoretical Inquiry, co-authored with long-time collaborator Malcolm Feeley. Professor Rubin joined Vanderbilt Law School as Dean and the first John WadeĖKent Syverud Professor of Law in July 2005, serving a four-year term that ended in June 2009. Before joining Vanderbilt's law faculty, Professor Rubin was the Theodore K. Warner, Jr. Professor of Law at the University of Pennsylvania Law School, where he taught administrative law, commercial law and seminars on topics ranging from administrative policy to law and technology, human rights and punishment theory. He joined the law faculty at Pennsylvania in 1998 from the Boalt Hall School of Law at the University of California-Berkeley, where he had taught since 1982 and served as an associate dean for three years. Professor Rubin has served as chair of the Association of American Law Schools' sections on socioeconomics and scholarship and on its curriculum and research, professional development and nominations committees. After earning his law degree from Yale University in 1979, he clerked for Judge Jon O. Newman of the U.S. Court of Appeals for the Second Circuit and was an associate with Paul Weiss Rifkind Wharton & Garrison in New York, where he practiced entertainment law. Early in his career, he served as a curriculum planner with the New York City Board of Education. Professor Rubin has been a consultant to the Asia Foundation Project on the Administrative Licensing Law for the People's Republic of China, the Russian Privatization Center and to the United Nations Development Programme.


Books
Federalism: A Theoretical Inquiry (Michigan University Press, forthcoming 2008) (with Malcolm Feeley)

Beyond Camelot: Rethinking the Modern State (Princeton University Press, 2005)

Judicial Policymaking and the Modern State: How the Courts Reformed America's Prisons, Cambridge University Press (1998; paperback edition 1999) (with Malcolm Feeley).

Articles
"The Myth of Accountability and the Anti-administrative Impulse," 103 Michigan Law Review 2073 (2005)

"It's Time to Make the Administrative Procedure Act Administrative," 89 Cornell Law Review 95 (2003)

"Public Choice, Phenomenology and the Meaning of the Administrative State: Keep the Bathwater, But Throw Out That Baby," 87 Cornell Law Review 309 (2002)

"Getting Past Democracy," 149 University of Pennsylvania Law Review 711 (2001).

"The New Legal Process, The Synthesis of Discourse and the Microanalysis of Law", 109 Harvard Law Review 1393 (1996)

 

 

Kevin M. Stack

E-mail address: kevin.stack@vanderbilt.edu

Photo - Kevin M.  Stack


Education
J.D., Yale University
M. Litt., Oxford University
B.A., Brown University

Background
Kevin Stack writes on administrative law, regulation, separation of powers, and presidential powers. His recent work has focused on judicial review of agency action, the Presidentís powers, and regulation. He is also co-author (with Lisa Bressman and Ed Rubin) of The Regulatory State (Aspen Publishers, 2010), a new casebook on statutes and regulations. Professor Stack currently serves as a vice-chair of the Separation of Powers Committee for the Administrative and Regulatory Practice Section of the ABA. He joined Vanderbilt's law faculty in 2007 and served as Associate Dean for Research from July 2008 to July 2010. Professor Stack came to Vanderbilt from the faculty of the Benjamin N. Cardozo School of Law of Yeshiva University, which he joined in 2002 after practicing as an associate at Jenner & Block in Washington, D.C. Prior to practice, he served as a law clerk for the Honorable Kimba M. Wood of the United States District Court for the Southern District of New York, and the Honorable A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit. At Yale Law School, he was a senior editor of the Yale Law Journal, an articles editor of the Yale Journal of Law & the Humanities, and received the Felix S. Cohen Prize for the best essay by a student or fellow on a subject relating to legal philosophy. Before earning his J.D., he spent two years studying philosophy at Oxford University supported by a Fulbright Scholarship. He is a member of the District of Columbia and Maryland Bars. Professor Stack teaches Administrative Law, the Regulatory State, Legislation, Presidential Power, Civil Procedure, and European Union Law.


Books
The Regulatory State (Aspen Publishers, 2010) (with Lisa Schultz Bressman and Edward L. Rubin)

Articles
"Agency Statutory Interpretation and Policymaking Form," 2009 Michigan State Law Review 225 (2009)

"The Reviewability of the Presidentís Statutory Powers," 62 Vanderbilt Law Review 1171 (2009)

"The Statutory Fiction of Judicial Review of Administrative Action in the United States," in Effective Judicial Review, Oxford University Press (Christopher Forsyth, et al., eds., 2010)

"The Story of Morrison v. Olson: The Independent Counsel and Independent Agencies in Watergate's Wake," in Presidential Power Stories (2008) (Curtis Bradley & Christopher Schroeder eds.)

"The Constitutional Foundation of Chenery," 116 Yale Law Journal 952 (2007)

"The Presidentís Statutory Powers to Administer the Laws," 106 Columbia Law Review 263 (2006). Abbreviated excerpt published in 31 Administrative & Regulatory News 9, Issue No. 3 (2006)

"The Statutory President," 90 Iowa Law Review 539 (2005)