Hugh Baxter
Education
Stanford University
A.B. with Honors (History), 1980Yale University
Ph.D. (Philosophy), 1985
M.A. and M. Phil., 1983
Dissertation: Critical Theory and the Rationalization of Society (examination of the response in critical social theory to Max Weber’s theory of Western rationalization)Stanford Law School
J.D., with Distinction, 1990
Stanford Law Review, 1988-1990, Senior Articles Editor, 1989-1990
Experience
Boston University
Professor of Law and of Philosophy (2003-present)Boston University School of Law
Professor of Law (2002-present)
Associate Dean for Administration (2003-2005)
Associate Professor (1992-2002)Justice William J. Brennan, Jr. (retired), Supreme Court of the United States
Law Clerk (1991-1992)
affiliated with chambers of Justice Harry A. BlackmunJudge Ruth Bader Ginsburg, United States Court of Appeals for the District of Columbia Circuit
Law Clerk (1990-1991, 1993-1994)Department of Philosophy, Yale University
Lecturer (1986-1987)
(taught three undergraduate courses, one graduate/undergraduate seminar)
Teaching Fellow (1982-1986)Department of Philosophy, Indiana University
Associate Instructor (1980-1981)
SCHOLARLY PRESENTATIONS
2009 "Justice Ginsburg's Dissent in Bush v. Gore." New England School of Law's "Law Day" honoring Justice Ruth Bader Ginsburg, March 12, 2009.
2009 "Comment on Mark Tushnet's 'Notes on Congressional Capacity to Interpret the Constitution.' Boston University's Conference on the Role of the Congress in the 21st Century, November 9, 2008.
2008 "Reflections on the Relations Between Habermas and Rawls." Annual Meeting of the Law and Society Association, Montreal, May 31, 2008.
2007 "Habermas, Democracy, and the 'Post-National Constellation." Annual Meeting of the Law and Society Association, Berlin, July 25, 2007.
2006 Panel Member, "Whither Philosophy?," Boston Colloquium for the Philosophy of Science, November 30, 2006.
2003 "Habermas and Rawls: Discourse Theory and Political Liberalism." Colloquium, Boston University Department of Philosophy, February 28, 2003.
2002 Comment on Dennis Patterson's paper, "Normativity and Objectivity in Law." Boston Colloquium for the Philosophy of Science, March 11, 2002.
2001 "Habermas's Discourse Theory of Law and Democracy." Faculty Workshop, University of Illinois School of Law, October 29, 2001.
2001 "Habermas's Discourse Theory of Law and Democracy." Faculty Colloquium, University of Texas School of Law, September 28, 2001.
2001 "System and Lifeworld in Habermas's Theory of Law." Annual Meeting of the Working Group on Law, Culture, and the Humanities, March 10, 2001.
2000 Comment on David Lyons's lecture, "Courage." Institute for Philosophy and Religion, Boston University, November 29, 2000.
1999 "A Critique of Habermas's Discourse Theory of Law." Faculty Workshop at Boston University School of Law; November 11, 1999.
1999 Comment on papers by Anthony Sebok, Carl Landauer, and Reuel Schiller. Annual Meeting of the American Society for Legal History; October 22, 1999, (re "Positivism, Pluralism, and the Administrative State in Post-War America").
1999 "A Critique of Habermas's Discourse Theory of Law." Faculty Colloquium at Northeastern University School of Law; October 13, 1999.
1995 "Autopoietic Theory and Law's 'Relative Autonomy.'" Annual Meeting of the Law and Society Association, Toronto; June 4, 1995.
1995 "Three Forms of Essentialism in Lukacs's History and Class Consciousness." Critical Legal Networks Conference; Washington DC, March 12, 1995.
1995 Comment on James Lindgren's paper, 'Why the Ancients May Not Have Needed A Criminal Law.' Conference on the Intersection Between Crime and Tort, Boston University; April 1, 1995.
TEACHING
Constitutional Law; Torts; Philosophy of Law; Rawls; Habermas on Law and Democracy; Supreme Court Decisionmaking; Law and the Democratic Political Process.
AWARDS AND OTHER DISTINCTIONS
2004 Service award, Boston University School of Law.
2003 Michael Melton Award, for outstanding teaching in the School of Law.
1989 Jay M. Spears Award, for outstanding contributions to the Stanford Law Review.
1984-1985 Samuel K. Bushnell Fellowship, Yale University.
1981-1984 University Fellowship, Yale University.
1980-1981 Teaching Fellowship, Indiana University.
1978-1980 George Gamble Scholarship, Stanford University.
LAW SCHOOL SERVICE
1999-present Co-advisor, JD/MA program in Law and Philosophy. Advise students; drafted comprehensive revisions to program regulations approved in 2002.
2003-2008 Member, Faculty Admissions Committee. Read and made recommendations on applications to JD program. Chaired committee 2006-07.
2000-2006 Chair, Academic Standards Committee. Presided over biweekly meetings to decide student petitions under School's academic regulations; drafted comprehensive revisions to School academic regulations in 2000-01 and smaller-scale revisions in each other year; coordinated School's Academic Support program.
2003-2005 Associate Dean for Administration. Oversaw matters related to admissions, financial aid, and staff; handled questionnaires from accrediting and evaluating entities.
1999-2006 Advisor, Academic Support Program. Met with advisees to discuss course selection, exam- and study-related skills, and preparation for the bar examination.
2004-2006, 2008 Member, Melton Award Committee.
2003-2005 Member, Committee on Clerkship Applications. Participated in efforts to improve the administrative processing of student applications for judicial clerkships.
2003-2004 Member of two ad hoc committees considering plans for a new BUSL building.
1994-2000 Member, Academic Standards Committee. Participated in adjudicative decisions, drafted revisions to various school rules.
1995-1997 Chair, Faculty Workshop Committee. Invited outside speakers, coordinated workshop schedule, chaired session meetings.
1995-1999 Member, Placement Committee. Co-advisor, Clerkship Program (1994-98); Chair, Subcommittee on Clerkships (1998-99)
1994-1998 Faculty Advisor, Albers Moot Court Program. Helped student directors select competition topics, reviewed drafts of competition problem.
1994-2000, 2007-2008 First-year faculty advisor. Counseled 9-16 first-year students per year.
1995, 1998 Member, Disciplinary Committee. Participated in adjudication of two disciplinary proceedings brought against School of Law students.
1992-1994 Member, Library Committee.
PHILOSOPHY DEPARTMENT AND UNIVERSITY SERVICE
2007-present First reader, dissertation committee for Hege Finholt (GRS, Philosophy).
2008-present Third reader, dissertation committee for Luciana Garbayo (GRS, Philosophy)
2005-2008 Second reader, dissertation committee for Anthony Reeves (GRS, Philosophy).
2006-2007 Member, Faculty Search Committee for the Philosophy Department.
2005-2007 First reader, dissertation committee for Jamie Kelly (GRS, Philosophy).
2006-2007 Supervisor, senior thesis of Daniel Ryan (CAS).
2005-2006 Supervisor of senior thesis by Joe Blass, Boston University Academy
2004-2005 Member, Faculty Search Committee for the Philosophy Department.
2002-2005 Third reader, dissertation committee for Nir Eisikovits (GRS, Philosophy).
2002-2004 Third reader, dissertation committee for Bradley Queen (GRS, American Studies).
2001-2002 Third reader, senior thesis committee for Samuel Jenness (CAS).
1996-1998 Second reader, dissertation committee for Dorothy Rogers (UNI program).
PROFESSIONAL SERVICE
1993-2003 Member, Massachusetts Health Facilities Appeals Board. Participated in appeals from Massachusetts Department of Public Health decisions, drafted two opinions.
Publications
Habermas: the Discourse Theory of Law and Democracy, Stanford University Press (forthcoming).
"Justice Ginsburg's Dissent in Bush v. Gore," 43 New England Law Review (forthcoming).
Book Review, David Bilchitz, Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights, Oxford University Press (2007), 118 Philosophical Review 253 (2009).
"A Comment on Mark Tushnet's Some Notes on Congressional Capacity to Interpret the Constitution," in Symposium The Most Disparaged Branch: The Role of Congress in the Twenty-First Century, 89 Boston University Law Review 511 (2009).
"Habermas's Discourse Theory of Law and Democracy," 50 Buffalo Law Review 205 (2002).
"System and Lifeworld in Habermas's Theory of Law," 23 Cardozo Law Review 473 (2002).
"The Lemon Test," in 4 Encyclopedia of the American Constitution Supplement 1603, 2d ed., L. W. Levy & K. L. Karst, eds., Gacl (2000).
"Managing Legal Change: the Transformation of Establishment Clause Law," 46 UCLA Law Review 343 (1998).
"Autopoiesis and the 'Relative Autonomy' of Law," 19 Cardozo Law Review 1987 (1998).
"Bringing Foucault into Law and Law into Foucault," 48 Stanford Law Review 449 (1996).
"System and Lifeworld in Habermas's Theory of Communicative Action," 16 Theory and Society 39 (1987).