Jack M. Beermann
Employment
Professor of Law and Harry Elwood Warren Scholar
Boston University School of Law
Since 1984 (In rank since 1990)
Associate Dean for Academic Affairs, 1993-1996Visiting Professor of Law
Harvard Law School
Spring Semester, 2008
(Teaching Administrative Law)Visiting Adjunct Professor
Radzyner School of Law
Interdisciplinary Center, Herzliya Israel
November-December 2004, 2005, December 2007
(Taught Civil Rights Litigation in U.S. Federal Courts (2004 and 2007) and Administrative Law in the United States (2005))Visiting Professor
China University of Political Science and Law, Beijing, China
November-December 2002
(Taught U.S. Administrative Law to the faculty of one of the University’s Law Schools)Distinguished Visiting Professor of Law
DePaul University College of Law
Fall 1997Visiting Scholar
Westfälische-Wilhelms Universität zu Münster, Münster, Germany
Spring, 1991
Courses
- Administrative Law
- Allocation of Government Power (seminar)
- Civil Procedure
- Civil Rights Litigation in Federal Courts
- Contracts
- Federal Courts
- Introduction to American Law (for foreign LL.M. students)
- Legal Reasoning: Form and Substance
- Local Government Law
- Supreme Court Decisionmaking (seminar)
Education
University of Chicago Law School
J.D. 1983, with honors
Elected, Order of the Coif
Associate Editor, University of Chicago Law Review, 1982-83
Member, University of Chicago Law Review, 1981-82
Volunteer, Edwin F. Mandel Legal Aid Clinic, 1982-83University of Wisconsin, Madison
B.A., 1980, with distinction
Majors: Political Science and Philosophy
Bar Admissions
- Massachusetts
- Illinois
Prior Legal Employment
1983-84 Law Clerk to Honorable Richard D. Cudahy, Judge, United States Court of Appeals for the Seventh Circuit
1982-83 Research Assistant to Professor Gary H. Palm, Director,
Edwin F. Mandel Legal Aid Clinic of the University of Chicago Law School1981 & 1982 Summer Associate at Rudnick & Wolfe, Chicago, Illinois
Non-Legal Employment
1974-1983 Food Vendor at Sporting and Other Events, Wrigley Field, Comiskey Park and Soldier Field, Chicago, Illinois, and Dyche Stadium, Evanston, Illinois
Professional Activities and Community Service
Law School Service
Associate Dean for Academic Affairs, 1993-1996, Appointments Committee (Chair 1999-2000, 2000-2001), Academic Standards Committee, Admissions Committee, Computers Committee, Continuation, Promotion and Tenure Committee, First Year Writing Program Committee, JD Program Committee, Long Range Planning Committee, Placement Committee, Workshop Committee (Chair, 2001-2002 and 2002-2003), ad hoc committee on Computerized Exam Taking, 2001-2002, Building Committee, 2002-2003, 2003-2004, 2007-2008, Chair of ad hoc committee on Clerkship Recommendation Letters, 2003-2004; Conference Planning Committee, 2005-2006 (Interim Chair, 2006), Chair, Library Search Committee (2006-2007)
University Service
University Promotion and Tenure Committee (1992-1993), (2002-2003) and Chair, (1996-1997), (2003-2004), (2006-2007), University Council Committee on Faculty Policies, Tenure and Promotion Working Group (2007-2008); Faculty and University Councils, University Tenure Discussion Group (1998-2000) (committee formed by the Provost to study the tenure and promotion system at Boston University), and University Ad Hoc Committee to Investigate an Allegation of Scientific Misconduct
Community Service
Chair, Association of American Law Schools Section on Civil Rights (2007)
Chair-Elect, Association of American Law Schools Section on Civil Rights (2007)
Civil Rights Editor and Member, Executive Committee, Association of American Law Schools Section on Federal Courts (2004-2006)
Secretary and Chair-elect of Association of American Law Schools Section on Federal Courts and Former Member of Section Executive Committee (1988-1990)
Chair, Association of American Law Schools Section on Federal Courts, 1991
Consultant to American Civil Liberties Union (Massachusetts) on the nomination of Judge Robert Bork to the Supreme Court of the United States
Consultant to Attorney General of the Commonwealth of Massachusetts on Franklin v. Commonwealth of Massachusetts, Supreme Court case challenging 1990 Census
Co-author of Amicus Curiae Brief for the Civil Liberties Union of Massachusetts in a civil rights suit concerning the rights of a black student injured by racial violence during desegregation of the schools
Member, Town Meeting, Swampscott Massachusetts (elected to a three year term in 2004) Also serving as member and Vice-Chair of By-Law Study Committee (2007-2008)
Consultant, Separation of Powers Committee of the House of Representatives, General Assembly of Rhode Island, 2004-2007
Former Member of the Board of Directors, Bet Tsedek of Boston, a legal aid clinic focusing on elderly and immigrant legal issues
Former Member of the Civil Rights Committee of the New England Region of the Anti-Defamation League of Bnai Brith
Member, Board of Directors, Swampscott, MA Little League; Little League Baseball and Youth Basketball Coach, 1999 to present
Presentations and Panels
Lecture, Civil Rights Legislation in the U.S. Civil War Era, to the honors law and government students of the Interdisciplinary Center, Herzlya, Israel, December 2007
Lecture, The Surprising Role of the Supreme Court in the U.S. Government at Heinrich-Heine University in Duesseldorf, Germany, June 4, 2007
Lecture, Punitive Damages in the United States and the Supreme Court’s Reforms, University of Bonn, Germany, June 5, 2007
Lecture, The Surprising Role of the Supreme Court in the U.S. Government at Ruhr University-Bochum, Bochum, Germany, June 6, 2007
Presented paper, The Law and Politics of Local Government in the United States, presented at the conference 30 Years of Local Power under the Constitution of the Republic of Portugal, December 7, 2006, at the University of Minho in Braga, Portugal.
Presented paper, Waiting for Vermont Yankee II, at the annual administrative law conference of the ABA Section on Administrative Law and Regulatory Practice, November 17, 2006
Lecture on Congressional Control of Rulemaking: Applying the State Model at a symposium on Presidential, Congressional, and Judicial Control of Rulemaking held at the Library of Congress, Washington DC, and put on by the Congressional Research Service, September 11, 2006.
Presented paper on The Law and Politics of Regional Government in the United States at the inauguration of the Institut International de Droit et Gestion (International Institute of Law and Management) in Casablanca, Morocco, September 9, 2006.
Faculty Workshop, The Supreme Common Law Court of the United States, Boston University School of Law, January 19, 2006
Faculty Workshop, The Supreme Common Law Court of the United States: The Role of the Supreme Court in the U.S. Government, Tel Aviv University Law School, December 13, 2005
Lecture, Judicial Selection in the United States to the Judges of the Haifa, Israel District Court, December 13, 2005
Faculty Workshop, Radzyner School of Law, Interdisciplinary Center, Herzliya, Israel on "Congressional Administration," December 6, 2005
Lecture, University of Adelaide Law School, Adelaide Australia, The Role of the Supreme Court in the United States Government, March 17, 2005
Faculty Workshop, Roger Williams University Law School, Separation of Powers in Rhode Island, March 2, 2005
Lecture to Boston University School of Law LLM Students on The Role of the Supreme Court in the United States Government, January 31, 2005
Commentator, Privatization Panel of conference “Democracy in Action? The Law and Politics of Local Governance,” sponsored by the Journal of Law and Politics, January 28, 2005 at the University of Virginia Law School.
Testified on Separation of Powers before the Separation of Powers Committee of the House of Representatives, Rhode Island General Assembly, October 19, 2004 and March 24, 2004
Lecture on the Coase Theorem and Law and Economics to International Students at the Interdisciplinary Center, Herzliya Israel, December 21, 2004 and December 12, 2005
Presented Paper “Why Do Plaintiffs Bring Section 1983 Cases Against Private Defendants?” on January 5, 2004 at the annual meeting of the Association of American Law Schools in Atlanta, Georgia, Civil Rights Section Meeting
Panelist on Boston University School of Law Faculty Forum on Same Sex Marriage in Massachusetts, November 21, 2003. I spoke on the interstate aspects of same sex marriage.
Lecture to Boston University School of Fine Arts Painting Program students on The Role of the Supreme Court, November 18, 2003
Lecture to Graduating Seniors at the Media and Technology Charter High School, Boston, MA, on Civil War-era Civil Rights Legislation, November 3, 2003
Lecture, Boston University Political Science Department, February 7, 2003, presented paper, “Presidential Power in Transitions”
Faculty Workshop, Boston College Law School, January 24, 2003, presented paper “Presidential Power in Transitions”
Faculty Workshop, Roger Williams University Law School, January 21, 2003, commented on paper by Professor Emily Sack on Full Faith and Credit in Domestic Violence Orders
Guest lectured in Professor Carl Bogus’s Administrative Law course, January 21, 2003, Roger Williams University School of Law
Faculty Workshop, Boston University School of Law, January 9, 2003, presented paper “Presidential Power in Transitions”
Presented talk on “Regulatory Reform, Deregulation and Privatization” at the Law Institute of the Chinese Academy of Social Sciences, Beijing, China, December 10, 2002
Led seminar on Judicial Review to Ph.D. students in law at the China University of Political Science and Law, Beijing, China, December 12, 2002
Presented series of six lectures on U.S. Administrative Law to the law faculty and graduate students at the China University of Political Science and Law, Beijing China, November-December 2002.
Presented Paper “Administrative Law-Like Obligations on Private[ized] Entities “ at conference on New Forms of Governance: Ceding Public Power to Private Actors at UCLA Law School, March 1, 2002
Faculty Workshop, University of North Carolina Chapel Hill School of Law, September 2001, presented paper “The Unhappy History of Civil Rights Legislation, Fifty Years Later”
Presented Paper "Privatization and Political Accountability" at conference entitled Redefining the Public Sector: Accountability and Democracy in the Era of Privatization at Fordham Law School, Feb. 2, 2001
Presented results of research on Informal Adjudication for the ABA section on Administrative Law at the section's meeting in Williamsburg, Virginia, April 29, 2000. This research will be incorporated into the section's project reviewing the Administrative Procedure Act.
Commentator on panel at January 1999 annual meeting of the Association of American Law Schools, presented comment on the Rooker-Feldman doctrine
Faculty Workshop, Boston University School of Law, on Municipal Responsibility for Constitutional Torts, April, 1998
Presented Paper on Municipal Responsibility for Constitutional Torts at DePaul University College of Law’s Annual Law Review Conference, March 13, 1998
Lecture to Faculty and Kent Scholars at Chicago-Kent Law School on The Role of the Supreme Court in the United States, November 12, 1997
Presentation to Seventh Circuit Law Clerks and Staff Attorneys on Current Developments in Section 1983 Civil Rights Litigation, November 20, 1997
Faculty Workshop, DePaul University College of Law, on the Role of the Supreme Court in the United States, October 15, 1997
Presented paper on "The Reach of United States Administrative Law" at the international conference on The Province of Administrative Law at University of Saskatchewan, October 19, 1996.
Lecture on The Role of the Supreme Court in the United States Political System at the University of Frankfurt, in Frankfurt, Germany, Dec. 5, 1995, and the University of Münster, Münster, Germany, Dec. 8, 1995
Lecture on The Supreme Court: Agent of the Legislature? at the University of Tübingen, Tübingen, Germany, Dec. 6, 1995
Presentation to Federal Judges on Recent Developments in Section 1983 at joint workshop of the Seventh and First Circuits in Traverse City, Michigan, September 1994
Presentation on Albright v. Oliver, a Supreme Court Decision on Civil Rights, to the Civil Rights Section of the Association of American Law Schools, January 1994
Presented paper on Operation Rescue and the Civil Rights of abortion seekers to the faculty of Indiana University--Bloomington School of Law, March 1993
Presented paper on Civil Rights and Sources of Law at 1988 Annual Meeting of the Conference on Critical Legal Studies at American University
Public Lecture on Economics of Legal Interpretation at Westfälische-Wilhelms Universität zu Münster, Münster Germany, May 1991, under the auspices of the Institute for Public Law Including International Law
Commentator on panel at 1989 annual meeting of the Association of American Law Schools, presented comment on Congressional versus Judicial Control of Federal Court Jurisdiction
Commentator on panel on Religion and Liberal Identity at 1991 Harvard Law School Critical Networks Conference
Faculty Workshop, Boston University School of Law, Spring 1992, on Operation Rescue and Civil Rights
Faculty Workshop, Boston University School of Law, February 15, 1993, on Interest Group Politics and the Economic Theory of Statutory Interpretation.
Moderator of panel on Discrimination, Equality and Justice at conference on The New Distributional Ethics: Differentiation, Segregation and Discrimination, Boston University, Nov. 8, 1994.
Moderator of panel concerning empirical methodology at workshop on American and German Traditions of Sociological Jurisprudence and Critical Legal Thought in Bremen, West Germany, (July 1986) and participant in conference.
Publications
Inside Administrative Law, Aspen Law & Business (forthcoming).
"Combating Midnight Regulation," 103 Northwestern University Law Review 352 (2009).
"The Turn Toward Congress in Administrative Law," in Symposium The Most Disparaged Branch: The Role of Congress in the Twenty-First Century, 89 Boston University Law Review 727 (2009).
"Common Law and Statutory Law in U.S. Federal Administrative Law," in Administrative Law in a Changing State, Essays in Honour of Mark Aronson 45, L. Pearson, C. Harlow & M. Taggart eds., Hart Publishing (2008).
"The Supreme Common Law Court of the United States," 18 Boston University Public Interest Law Journal 119 (2008).
"The Law and Politics of Local Government in the United States," 30 Anos de Poder Local Na Constituticao da Republica Portuguesa 331 (2007).
"Punitive Damages in the United States," 2007:3 Newsletter of the Deutsche-Amerikanische Juristen Vereinigung 140 (2007). German-American Lawyers' Association
"Reprocessing Vermont Yankee," with Gary Lawson, 75 George Washington Law Review 856 (2007).
Administrative Law: Cases and Materials, with R. A. Cass & C. S. Diver, 5th ed., Aspen Law & Business (2006).
Administrative Law: CrunchTime Series, Aspen Law & Business (2006).
Administrative Law: Emanuel Law Outline, Aspen Law & Business (2006).
"Congressional Administration," 43 San Diego Law Review 61 (2006).
"The Constitutional Law of Presidential Transitions," with William P. Marshall, 84 North Carolina Law Review 1253 (2006).
"Federal Court Self-Preservation and Terry Schiavo," 54 Buffalo Law Review 553 (2006).
"In Appreciation: Ronald A. Cass: Dean, Boston University School of Law 1990-2004," with W. E. Ryckman & D. J. Freehling, 85 Boston University Law Review 663 (2005).
"Why Do Plaintiffs Sue Private Parties Under Section 1983?" 26 Cardozo Law Review 9 (2004).
Administrative Law: CrunchTime Series, Aspen Law & Business (2003).
Administrative Law: Emanuel Law Outline, Aspen Law & Business (2003).
"Presidential Power in Transitions," 83 Boston University Law Review 947 (2003).
"Administrative Law-Like Obligations on Private[ized] Entities," 49 UCLA Law Review 1717 (2002).
Administrative Law: Cases and Materials and Teacher's Manual, with R. A. Cass & C. S. Diver, 4th ed., Aspen Law & Business (2002).
"Chapters 4 and 9," in A Guide to Federal Agency Adjudication, M. Asimow, ed., ABA Section of Administrative Law and Regulatory Practice (2002).
"Chapters 5 and 12," with others, in A Guide to Federal Agency Adjudication, M. Asimow ed., ABA Section of Administrative Law and Regulatory Practice (2002). Chapter 12 reprinted from "A Blackletter Statement of Federal Administrative Law," 54 Administrative Law Review 1 (2002).
"The Unhappy History of Civil Rights Litigation, Fifty Years Later," 34 Connecticut Law Review 981 (2002).
"Privatization and Political Accountability," 28 Fordham Urban Law Journal 1507 (2001).
"Section 1983's 'and Laws' Clause Run Amok: Civil Rights Attorneys Fees in Cellular Facilities Siting Disputes," with Clive B. Jacques, 81 Boston University Law Review 735 (2001).
"Adjudication," with Gary Edles, in Developments in Administrative Law and Regulatory Practice 1999-2000 3, J. Lubbers, ed., ABA Publishing (2000).
Administrative Law Roadmap, Aspen Law & Business (2000).
"Comments on Rooker-Feldman or Let State Law Be Our Guide," 74 Notre Dame Law Review 1209 (1999).
"Municipal Responsibility for Constitutional Torts," 48 DePaul Law Review 627 (1999).
Administrative Law: Cases and Materials, with R. A. Cass & C. S. Diver, 3d ed., Aspen Law & Business (1998).
"Holmes's Good Man: A Comment on Levinson and Balkin," in Symposium The Path of the Law Today, 78 Boston University Law Review 937 (1998).
"Lawyering Up," with Susan Bandes, 2 Green Bag 2d 5 (1998).
"The Common Law and Section 1983 Action," 72 Chicago-Kent Law Review 695 (1997).
"The Reach of Administrative Law in the United States," in Province of Administrative Law 171, M. Taggart, ed., Hart Publishing (1997). Translated into Chinese and republished in China (2006).
"Administrative Rulemaking in the United States," translated by Ma Huaide, 1996 no.2 [Chinese] Administrative Law Review (1996). [In Chinese]
Book Review, S. Nahmod, M. Wells, and T. Eaton, Constitutional Torts, LexisNexis (2004), 45 Journal of Legal Education 457 (1995).
Administrative Law: Cases and Materials, with R. A. Cass & C. S. Diver, 2d ed., Little, Brown and Company (1994).
Administrative Law: Cases and Materials and 1993 Supplement, with R. A. Cass & C. S. Diver, Little, Brown and Company (1993).
"The Social Origins of Property," with Joseph Singer, 6 Canadian Journal of Law and Jurisprudence 271 (1993).
"The Supreme Court's Narrow View on Civil Rights," 1993 Supreme Court Review 199 (1993).
"The Supreme Court's Tilt to the Property Right: Procedural Due Process Protections of Liberty and Property Interests," with B. A. Melamed & H. F. Hall, 3 Boston University Public Interest Law Journal 9 (1993).
"Throwing Stones at the Mudbank: The Impact of Scholarship on Administrative Law," with Ronald A. Cass, 45 Administrative Law Review 1 (1993).
"The Economic Theory of Politics and Legal Interpretation in the United States," 22 Rechtstheorie 510 (1991).
"Interest Group Politics and Judicial Behavior: Macey's Public Choice," 67 Notre Dame Law Review 183 (1991).
"'Bad' Judicial Activism and Liberal Federal Courts Doctrine: A Comment on Professor Doernberg and Professor Redish," 40 Case Western Reserve Law Review 1053 (1990).
"Administrative Failure and Local Democracy: The Politics of DeShaney," 1990 Duke Law Journal 1078 (1990).
"Baseline Questions in Legal Reasoning: The Example of Property in Jobs," with Joseph Singer, 23 Georgia Law Review 991 (1989).
"A Critical Approach to Section 1983 with Special Attention to Sources of Law," 42 Stanford Law Review 51 (1989). Reprinted in A Section 1983 Civil Rights Anthology, Sheldon Nahmod, ed., Anderson Publishing Company (1993).
"Government Official Torts and the Takings Clause: Federalism and State Sovereign Immunity," 68 Boston University Law Review 277 (1988).
"Contract Law as a System of Values," review of Hugh Collins, The Law of Contract, Fred B. Rothman & Co. (1986), 67 Boston University Law Review 553 (1987).
"Crisis? What Crisis?" review of R. Posner, The Federal Courts: Crisis and Reform, Harvard University Press (1985), 80 Northwestern University Law Review 1383 (1986).