Jack M. Beermann

Professor of Law

Harry Elwood Warren Scholar

BA with distinction, University of Wisconsin
JD with honors, University of Chicago

Areas of Interest
Administrative Law, Civil Rights, Federal Courts
Contact
Biography

Jack Beermann is a noted scholar in the area of civil rights litigation against state and local governments and their officials. “Civil rights litigation is a very important part of our legal system because it involves holding government officials accountable when they violate constitutional and other important rights,” he says.

Professor Beermann has authored or co-authored four books on administrative law, including a widely used casebook and the Emanuel Law Outline on the subject. “What particularly fascinates me is studying the values underlying our public law system and how social movements and history have affected those values,” he says.

His articles have appeared in prominent American journals such as the Stanford Law Review, UCLA Law Review, Duke Law Journal and Boston University Law Review, and in foreign law journals including Germany’s Rechtstheorie and China’s Administrative Law Review. Recent articles include “Congressional Administration” in the San Diego Law Review and the “Constitutional Law of Presidential Transition” in the North Carolina Law Review. In 1998, he co-authored an article that examined civil rights violations in the popular television drama NYPD Blue and in 1993 he wrote “The Supreme Court’s Narrow View on Civil Rights” for the prestigious Supreme Court Review.

Before joining the Boston University faculty in 1984, Professor Beermann clerked for Judge Richard Cudahy of the United States Court of Appeals for the Seventh Circuit. In 2008, he was visiting professor at Harvard Law School and in 1997, he was distinguished visiting professor at DePaul Law School. In 2004, 2005 and 2007, he taught at the Interdisciplinary Center in Herzliya, Israel, and in 2002, he taught at the China University of Political Science and Law in Beijing. He has lectured in Israel, Germany, Australia, Morocco, Portugal and Canada. At BU, Professor Beermann currently teaches administrative law, civil rights litigation, introduction to American law (for foreign LLM students) and local government law.

Publications
  1. Jack Beermann, Administrative Law, 4th ed., Wolters Kluwer Publishing (2016). [CrunchTime series]
  2. Jack Beermann, Ronald A. Cass, Colin S. Diver & Jody Freeman, Administrative Law: Cases and Materials, 7th ed., Wolters Kluwer Law & Business (2016).
    Publisher
  3. Jack Beermann, "The Role of the Courts in Creating Racial Identity in Early New Orleans," review of Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in New Orleans, (2014), 51 Tulsa Law Review 545 (2016). Publisher
  4. Jack Beermann, "NFIB v. Sebelius and the Right to Health Care: Government's Obligation to Provide for the Health, Safety, and Welfare of Its Citizens," 18 NYU Journal of Legislation and Public Policy 277 (2015).
    HeinOnline (BU) | HeinOnline | SSRN
  5. Jack Beermann, "Looking for Mr. (or Ms.) Rights," review of Emily J. Zackin, Looking for Rights in All the Wrong Places: Why State Constitutions Contain America’s Positive Rights, Princeton University Press (2013), JOTWELL Constitutional Law (May 19, 2014). Publisher
  6. Jack Beermann, "The New Constitution of the United States: Do We Need One and How Would We Get One?" in Symposium America's Political Dysfunction: Constitutional Connections, Causes and Cures, 94 Boston University Law Review 711 (2014).
    SSRN
  7. Jack Beermann, "Resolving the Public Pension ‘Crisis’," 41 Fordham Urban Law Journal 999 (2014).
    HeinOnline (BU) | HeinOnline
  8. Jack Beermann, "Jewish Identity and Judging: Seymour Simon of Illinois," 44 Loyola Law Journal 939 (2013).
    SSRN | HeinOnline (BU) | HeinOnline
  9. Jack Beermann, "Midnight Rules: A Reform Agenda," 2 Michigan Journal of Environmental & Administrative Law 285 (2013).
    SSRN | HeinOnline (BU) | HeinOnline
  10. Jack Beermann et al., "Part One - Adjudication," in A Blackletter Statement of Federal Administrative Law , 2d ed., Section of Administrative Law and Regulatory Practice American Bar Association (2013).
  11. Jack Beermann, "The Public Pension Crisis," 70 Washington & Lee Law Review 3 (2013).
    SSRN | HeinOnline (BU) | HeinOnline
  12. Jack Beermann, "Chapters 4 and 5," in A Guide to Federal Agency Adjudication 49, 2d ed., Jeffrey B. Litwak, ed., American Bar Association (2012).
  13. Jack Beermann, "Midnight Deregulation," in Transitions: Legal Change, Legal Meanings , Austin Sarat, ed., University of Alabama Press (2012).
  14. Jack Beermann, "Taking Irony Seriously: Essay in Appreciation of Günter Frankenberg’s Career and Friendship," in Erzählungen vom Konstitutionalismus , Helena Lindemann, ed., Nomos (2012).
  15. Jack Beermann, Ronald A. Cass, Colin S. Diver & Jody Freeman, Administrative Law: Cases and Materials, 6th ed., Aspen Law & Business (2011).
  16. Jack Beermann, "Common Law and Statute Law in Administrative Law," 63 Administrative Law Review (2011). Revision of a 2008 book chapter.
    Lexis Advance | Westlaw
  17. Jack Beermann, "An Inductive Understanding of Separation of Powers," 63 Administrative Law Review 467 (2011).
  18. Jack Beermann, "A Skeptical View of a Skeptical View of Presidential Term Limits," 43 University of Connecticut Law Review 1105 (2011).
    HeinOnline (BU) | HeinOnline
  19. Jack Beermann, Administrative Law, 3d ed., Aspen Publishers (2010). [CrunchTime Series]
    Publisher
  20. Jack Beermann, Administrative Law, 3d ed., Wolters Kluwer Law & Business (2010). [Emanuel Law Outlines]
    Publisher
  21. Jack Beermann, "End the Failed Chevron Experiment Now: How Chevron Has Failed and Why it Can and Should Be Overruled," 42 Connecticut Law Review (2010).
    HeinOnline (BU) | HeinOnline
  22. Jack Beermann, Inside Administrative Law: What Matters and Why, Aspen Law & Business (2010).
    Publisher
  23. Jack Beermann, "Qualified Immunity and Constitutional Avoidance," 2009 Supreme Court Review (2010).
  24. Jack Beermann, "Combating Midnight Regulation," 103 Northwestern Law Review Colloquy 352 (2009).
    Lexis Advance | Westlaw
  25. Jack Beermann, "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).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  26. Jack Beermann, "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).
  27. Jack Beermann, "The Supreme Common Law Court of the United States," 18 Boston University Public Interest Law Journal 119 (2008).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  28. Jack Beermann, "The Law and Politics of Local Government in the United States," 30 Anos de Poder Local Na Constituticao da Republica Portuguesa 331 (2007).
  29. Jack Beermann, "Punitive Damages in the United States," 2007:3 Newsletter of the Deutsche-Amerikanische Juristen Vereinigung 140 (2007). [German-American Lawyers]
  30. Jack Beermann & Gary Lawson, "Reprocessing Vermont Yankee," 75 George Washington Law Review 856 (2007).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  31. Jack Beermann, Administrative Law, 2d ed., Aspen Law & Business (2006). [Emanuel Law Outlines]
  32. Jack Beermann, Administrative Law, 2d ed., Aspen Law & Business (2006). [CrunchTime Series]
  33. Jack Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials, 5th ed., Aspen Law & Business (2006).
  34. Jack Beermann, "Congressional Administration," 43 San Diego Law Review 61 (2006).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  35. Jack Beermann & William P. Marshall, "The Constitutional Law of Presidential Transitions," 84 North Carolina Law Review 1253 (2006).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  36. Jack Beermann, "Federal Court Self-Preservation and Terry Schiavo," 54 Buffalo Law Review 553 (2006).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  37. William E. Ryckman Jr., Jack Beermann & Daniel J. Freehling, "In Appreciation: Ronald A. Cass: Dean, Boston University School of Law 1990-2004," 85 Boston University Law Review 663 (2005).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  38. Jack Beermann, "Why Do Plaintiffs Sue Private Parties Under Section 1983?" 26 Cardozo Law Review 9 (2004).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  39. Jack Beermann, Administrative Law, Aspen Law & Business (2003). [Emanuel Law Outlines]
  40. Jack Beermann, Administrative Law, Aspen Law & Business (2003). [CrunchTime Series]
  41. Jack Beermann, "Presidential Power in Transitions," 83 Boston University Law Review 947 (2003).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  42. Jack Beermann, "Administrative Law-Like Obligations on Private[ized] Entities," 49 UCLA Law Review 1717 (2002).
    HeinOnline (BU) | HeinOnline | Westlaw
  43. Jack Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials and Teacher's Manual, 4th ed., Aspen Law & Business (2002).
  44. Jack Beermann, "Chapters 4 and 9," in A Guide to Federal Agency Adjudication , M. Asimow, ed., ABA Section of Administrative Law and Regulatory Practice (2002).
  45. Jack Beermann et al., "Chapters 5 and 12," 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).
  46. Jack Beermann, "The Unhappy History of Civil Rights Litigation, Fifty Years Later," 34 Connecticut Law Review 981 (2002).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  47. Jack Beermann, "Privatization and Political Accountability," 28 Fordham Urban Law Journal 1507 (2001).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  48. Jack Beermann & Clive B. Jacques, "Section 1983's 'and Laws' Clause Run Amok: Civil Rights Attorneys Fees in Cellular Facilities Siting Disputes," 81 Boston University Law Review 735 (2001).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  49. Jack Beermann & Gary Edles, "Adjudication," in Developments in Administrative Law and Regulatory Practice 1999-2000 3, J. Lubbers, ed., ABA Publishing (2000).
  50. Jack Beermann, Administrative Law Roadmap, Aspen Law & Business (2000).
  51. Jack Beermann, "Comments on Rooker-Feldman or Let State Law Be Our Guide," 74 Notre Dame Law Review 1209 (1999).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  52. Jack Beermann, "Municipal Responsibility for Constitutional Torts," 48 DePaul Law Review 627 (1999).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  53. Jack Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials, 3d ed., Aspen Law & Business (1998).
  54. Jack Beermann, "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).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  55. Jack Beermann & Susan Bandes, "Lawyering Up," 2 Green Bag 2d 5 (1998).
    Westlaw
  56. Jack Beermann, "Common Law Elements of the Section 1983 Action," 72 Chicago-Kent Law Review 695 (1997).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  57. Jack Beermann, "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).
  58. Jack Beermann, "Administrative Rulemaking in the United States," 1996 no.2 [Chinese] Administrative Law Review (1996). [In Chinese] [translated by Ma Huaide]
  59. Jack Beermann, review of Sheldon Nahmod, Michael L. Wells & Thomas Eaton, Constitutional Torts, LexisNexis (2004), 45 Journal of Legal Education 457 (1995). Westlaw
  60. Jack Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials, 2d ed., Little, Brown and Company (1994).
  61. Jack Beermann, Ronald A. Cass & Colin S. Diver, 1993 Supplement to Administrative Law: Cases and Materials, Little, Brown and Company (1993).
  62. Jack Beermann & Joseph Singer, "The Social Origins of Property," 6 Canadian Journal of Law and Jurisprudence 271 (1993).
    HeinOnline (BU) | HeinOnline
  63. Jack Beermann, "The Supreme Court's Narrow View on Civil Rights," 1993 Supreme Court Review 199 (1993).
    HeinOnline (BU) | HeinOnline | Westlaw
  64. Jack Beermann, B. A. Melamed & H. F. Hall, "The Supreme Court's Tilt to the Property Right: Procedural Due Process Protections of Liberty and Property Interests," 3 Boston University Public Interest Law Journal 9 (1993).
    HeinOnline (BU) | HeinOnline
  65. Jack Beermann & Ronald A. Cass, "Throwing Stones at the Mudbank: The Impact of Scholarship on Administrative Law," 45 Administrative Law Review 1 (1993).
    HeinOnline (BU) | HeinOnline | Westlaw
  66. Jack Beermann, "The Economic Theory of Politics and Legal Interpretation in the United States," 22 Rechtstheorie 510 (1991).
  67. Jack Beermann, "Interest Group Politics and Judicial Behavior: Macey's Public Choice," 67 Notre Dame Law Review 183 (1991).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  68. Jack Beermann, "'Bad' Judicial Activism and Liberal Federal Courts Doctrine: A Comment on Professor Doernberg and Professor Redish," 40 Case Western Reserve Law Review 1053 (1990).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  69. Jack Beermann, "Administrative Failure and Local Democracy: The Politics of DeShaney," 1990 Duke Law Journal 1078 (1990).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  70. Jack Beermann & Joseph Singer, "Baseline Questions in Legal Reasoning: The Example of Property in Jobs," 23 Georgia Law Review 991 (1989).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  71. Jack Beermann, "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).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  72. Jack Beermann, "Government Official Torts and the Takings Clause: Federalism and State Sovereign Immunity," 68 Boston University Law Review 277 (1988).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  73. Jack Beermann, "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). Lexis Advance | Westlaw
  74. Jack Beermann, "Crisis? What Crisis?" review of Richard A. Posner, The Federal Courts: Crisis and Reform, Harvard University Press (1985), 80 Northwestern University Law Review 1383 (1986). Lexis Advance | Westlaw
Courses

3 credits

Administrative Law II is designed for students who have had the first year required course in Administrative Law, or its equivalent. In addition to some review of Administrative Law basics, this course will go into depth on subjects not covered in the first year course including the availability of judicial review (standing, ripeness, mootness and reviewability), adjudication, freedom of information, open meetings requirements, pre-emption of state law, licensing and ratemaking procedure and government liability under the Federal Tort Claims Act. There will also be in depth coverage of some issues covered in the first year course such as statutory interpretation methodology in the administrative state, the place of administrative agencies in the government and standards of judicial review including Chevron and its alternatives. This course is not open to students who have taken Administrative Law as a second year student. Enrollment by students who have not had a previous course in Administrative Law is by permission of the instructor only.

FALL 2016: LAW JD 863 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:45 am 12:10 pm 3 Jack M. Beermann LAW 420

4 credits

This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. § §1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. §§ 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

FALL 2015: LAW JD 877 A1 , Aug 31st to Dec 2nd 2015
Days Start End Credits Instructors Bldg Room
Mon,Wed 4:20 pm 5:45 pm 4 Jack M. BeermannTBA LAW 204
FALL 2016: LAW JD 877 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 4:20 pm 6:20 pm 4 Jack M. Beermann LAW 204

2 credits

The class covers the basic structure and function of US legal institutions: the congress, the president, and regulatory agencies, and, especially, the federal courts. It examines the role of state law and state courts in the American system of federalism. The course also studies the American judicial processes of constitutional analyses, interpretation of statues, and development of common law. Some attention is paid to court procedures, including trial by jury. Finally, students study a few topics that are illustrative of the treatment of individual rights in American law, such as freedom of speech, anti-discrimination law, and protection of private property. The class grants two credits towards the American Law degree.

FALL 2015: LAW JD 700 A1 , Sep 4th to Dec 8th 2015
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Jack M. Beermann LAW 103
Fri 1:30 pm 3:00 pm 2 Jack M. Beermann LAW 103
FALL 2016: LAW JD 700 A1 , Sep 6th to Nov 15th 2016
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Stephen M. DonweberStephen M. Donweber LAW 103
Fri 1:30 pm 3:00 pm 2 Stephen M. DonweberStephen M. Donweber LAW 103
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