Jack M. Beermann

Jack M. Beermann

Professor of Law

Harry Elwood Warren Scholar

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


Biography

Jack Beermann’s scholarship focuses on two areas: civil rights litigation and administrative law. He is an authority on the circumstances under which state and local officials, and local governments, should be held liable for their constitutional violations. “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.

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. He has also written extensively on the degree to which federal courts should defer to the legal determinations of federal agencies, on the problem of midnight rulemaking, in which outgoing administrations promulgate dozens of regulations at the end of their administrations and on the legal aspects of the funding crisis facing public employee pension funds in the United States.

His articles have appeared in prominent American journals such as the Stanford Law ReviewUCLA Law ReviewDuke 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 “The Public Pension Crisis” in the Washington & Lee Law Review, “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 2017, he was appointed as a public member of the Administrative Conference of the United States. In 2008, 2011 and 2014 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 Law, Professor Beermann teaches administrative law, civil rights litigation, and constitutional law. In recent years, he has also taught introduction to American law (for foreign LLM students) and local government law.

Publications

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  • Jack M. Beermann, Nondelegation and Originalism JOTWELL (2022) (book review)
    Scholarly Commons
  • Jack M. Beermann & Gary S. Lawson, The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes 16 FIU Law Review (2022)
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  • Jack M. Beermann & Ronald A. Cass, Interpretation, Remedy, and the Rule of Law: Why Courts Should Have the Courage of Their Convictions 74 Administrative Law Review (2022)
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  • Jack M. Beermann, Patent Fake News JOTWELL (2021) (book review)
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  • Jack M. Beermann, The Journey to Separate but Equal: Madame DeCuir's Quest for Racial Justice in the Reconstruction Era (2021)
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  • Jack M. Beermann, Inside Administrative Law: What Matters and Why, Second Edition (2020)
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  • Jack M. Beermann, When Agencies Do Not Not Have Statutory Power to Regulate JOTWELL (2020)
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  • Jack M. Beermann, Crisis? Whose Crisis? 61 William & Mary Law Review (2020)
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  • Ronald A. Cass, Colin S. Diver, Jack M. Beermann & Jody Freeman, Administrative Law: Cases and Materials, 8th ed. (2020)
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  • Jack M. Beermann, Emanuel Law Outlines for Administrative Law, 5th ed. (2020)
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  • Jack M. Beermann, Administrative Adjudication and Adjudicators 26 George Mason Law Review (2019)
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  • Jack M. Beermann, Tribute to Professor Mark J. Pettit, Jr. 98 Boston University Law Review (2018)
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  • Jack M. Beermann, The Never-Ending Assault on the Administrative State 93 Notre Dame Law Review (2018)
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  • Jack M. Beermann, Barack Obama's Emancipation Proclamation: An Essay in Memory of Judge Richard D. Cudahy 67 DePaul Law Review (2018)
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  • Jack M. Beermann, Corporate Personhood and the History of the Rights of Corporations: A Reflection on Adam Winkler’s Book We the Corporations: How American Businesses Won Their Civil Rights 98 Boston University Law Review (2018)
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  • Jack M. Beermann, Chevron is a Rorschach Test Ink Blot 32 Journal of Law and Politics (2017)
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  • Jack M. Beermann, The Role of the Courts in Creating Racial Identity in Early New Orleans 51 Tulsa Law Review (2016)
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  • Jack M. Beermann, Emanuel Crunchtime for Administrative Law, 4th ed. (2016)
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  • Jack M. Beermann, Emanuel Law Outlines for Administrative Law, 4th ed. (2016)
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  • Jack M. Beermann, Colin S. Diver, Ronald A. Cass & Jody Freeman, Administrative Law: Cases and Materials, 7th ed. (2015)
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  • Jack M. 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 (2015)
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  • Jack M. Beermann, Chevron at the Roberts Court: Still Failing after All These Years 83 Fordham Law Review (2014)
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  • Jack M. Beermann, Congress's (Less) Limited Power to Represent Itself in Court: A Comment on Grove and Devins 99 Cornell Law Review Online (2014)
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  • Jack M. Beermann, Essay: Resolving the Public Pension 'Crisis' No. 14-5 Boston University School of Law, Public Law Research Paper (2013)
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  • Jack M. Beermann, The New Constitution of the United States: Do We Need One and How Would We Get One? No. 14-4 Boston University School of Law, Public Law Research Paper Series (2013)
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  • Michael Asimow, Jack M. Beermann, Anne O'Connell, Jeff Litwak, Anne Young & Greg Ogden, Part One—Adjudication, in A Blackletter Statement of Federal Administrative Law (2013)
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  • Jack M. Beermann, The Public Pension Crisis No. 12-48 Boston University School of Law, Public Law Research Paper Series (2012)
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  • Jack M. Beermann, Jewish Identity and Judging: Seymour Simon of Illinois No. 12-47 Boston University School of Law, Public Law Research Paper Series (2012)
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  • Jack M. Beermann, Midnight Rules: A Reform Agenda No. 12-58 Boston University School of Law, Public Law Research Paper Series (2012)
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  • Jack M. Beermann & Jeff Litwak, Chapters 4 and 5, in A Guide to Federal Agency Adjudication (2012)
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  • Jack M. Beermann, Taking Irony Seriously: Essay in Appreciation of Günter Frankenberg’s Career and Friendship, in Erzählungen vom Konstitutionalismus (Helena Lindemann, Dr. Nina Malaviya, Dr. Alexander Hanebeck, Dr. Felix Hanschmann, Dr. Rainer Nickel, and Dr. Timo Tohidipur,2012)
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  • Jack M. Beermann, A Skeptical View of a Skeptical View of Presidential Term Limits No. 11-04 Boston University School of Law, Public Law Research Paper (2011)
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  • Jack M. Beermann, Common Law and Statute Law in Administrative Law 63 Administrative Law Review (2011)
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  • Jack M. Beermann, An Inductive Understanding of Separation of Powers 63 Administrative Law Review (2011)
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  • Jack M. Beermann, Ronald A. Cass, Colin S. Diver & Jody Freemann, Administrative Law: Cases and Materials, 6th ed. (2011)
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  • Jack M. Beermann, Inside Administrative Law: What Matters and Why (2010)
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  • Jack M. Beermann, End the Failed Chevron Experiment Now: How Chevron Has Failed and Why it Can and Should Be Overruled 42 Connecticut Law Review (2010)
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  • Jack M. Beermann, Emanuel Crunchtime for Administrative Law, 3rd ed. (2010)
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  • Jack M. Beermann, Emanuel Law Outlines for Administrative Law, 3rd ed. (2010)
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  • Jack M. Beermann, Midnight Deregulation, in Working Paper (2009)
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  • Jack M. Beermann, Combating Midnight Regulation 103 Northwestern Law Review Colloquy (2009)
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  • Jack M. Beermann, The Turn Toward Congress in Administrative Law 89 Boston University Law Review (2009)
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  • Jack M. Beermann, Qualified Immunity and Constitutional Avoidance 2009 Supreme Court Review (2009)
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  • Jack M. Beermann, The Supreme Common Law Court of the United States 18 Boston University Public Interest Law Journal (2008)
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  • Jack M. Beermann, Common Law and Statute Law in US Federal Administrative Law, in Administrative Law in a Changing State: Essays in Honour of Mark Aronson (Linda Pearson, Carol Harlow and Michael Taggart,2008)
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  • Jack M. Beermann, Punitive Damages in the United States 2007 Newsletter of the Deutsche-Amerikanische Juristen Vereinigung/ Zeitschrift fur Deutsches und Amerikanisches Recht (2007)
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  • Jack M. Beermann, The Law and Politics of Local Government in the United States 30 Anos de Poder Local Na Constituticao da Republica Portuguesa (2007)
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  • Jack M. Beermann & Gary S. Lawson, Reprocessing Vermont Yankee 75 George Washington Law Review (2007)
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  • Jack M. Beermann, Federal Court Self-Preservation and Terri Schiavo 54 Buffalo Law Review (2006)
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  • Jack M. Beermann, Congressional Administration 43 San Diego Law Review (2006)
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  • Jack M. Beermann, The Constitutional Law of Presidential Transitions 84 North Carolina Law Review (2006)
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  • Jack M. Beermann, Emanuel Law Outlines for Administrative Law, 2nd ed. (2006)
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  • Jack M. Beermann, Emanuel Crunchtime for Administrative Law, 2nd ed. (2006)
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  • Jack M. Beermann, Colin S. Diver & Ronald A. Cass, Administrative Law: Cases and Materials, 5th ed. (2006)
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  • Jack M. Beermann, William Ryckman & Daniel Freehling, In Appreciation: Ronald A. Cass - Dean, Boston University School of Law 1990-2004 85 Boston University Law Review (2005)
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  • Jack M. Beermann, Why Do Plaintiffs Sue Private Parties under Section 1983 26 Cardozo Law Review (2004)
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  • Jack M. Beermann, Presidential Power in Transitions 83 Boston University Law Review (2003)
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  • Jack M. Beermann, Emanuel Law Outlines for Administrative Law (2003)
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  • Jack M. Beermann, Emanuel Crunchtime for Administrative Law (2003)
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  • Jack M. Beermann, Chapters 5 and 12, in A Guide to Federal Agency Adjudication (2002)
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  • Jack M. Beermann, Administrative-Law-Like Obligations on Private[ized] Entities 49 UCLA Law Review (2002)
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  • Jack M. Beermann, The Unhappy History of Civil Rights Legislation, Fifty Years Later 34 Connecticut Law Review (2002)
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  • Jack M. Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials, 4th ed. (2002)
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  • Jack M. Beermann, Chapters 4 and 9, in A Guide to Federal Agency Adjudication (Michael Asimow,2002)
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  • Jack M. Beermann & Clive B. Jacques, Section 1983's and Laws Clause Run Amok: Civil Rights Attorney's Fees in Cellular Facilities Siting Disputes 81 Boston University Law Review (2001)
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  • Jack M. Beermann, Privatization and Political Accountability 28 Fordham Urban Law Journal (2001)
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  • Jack M. Beermann & Gary Edles, Adjudication, in Developments in Administrative Law and Regulatory Practice 1999-2000 (2000)
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  • Jack M. Beermann, Roadmap for Administrative Law (2000)
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  • Jack M. Beermann, Comments on Rooker-Feldman or Let State Law Be Our Guide 74 Notre Dame Law Review (1999)
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  • Jack M. Beermann, Municipal Responsibility for Constitutional Torts 48 DePaul Law Review (1999)
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  • Jack M. Beermann & Susan Bandes, Lawyering Up 2 Green Bag (1998)
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  • Jack M. Beermann, Holmes's Good Man: A Comment on Levinson and Balkin 78 Boston University Law Review (1998)
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  • Jack M. Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials, 3rd ed. (1998)
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  • Jack M. Beermann, The Reach of Administrative Law in the United States, in The Province of Administrative Law (Michael Taggart,1997)
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  • Jack M. Beermann, Common Law Elements of the Section 1983 Action 72 Chicago-Kent Law Review (1997)
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  • Jack M. Beermann & Ma Huaide, Administrative Rulemaking in the United States 1996 Administrative Law Review (1996)
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  • Jack M. Beermann, Review of "Constitutional Torts" by Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton 45 Journal of Legal Education (1995) (book review)
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  • Jack M. Beermann, Ronald A. Cass & Colin S. Diver, Administrative Law: Cases and Materials, 2nd ed. (1994)
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  • Jack M. Beermann & Joseph William Singer, The Social Origins of Property 6 Canadian Journal of Law & Jurisprudence (1993)
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  • Jack M. Beermann, Barbara A. Melamed & Hugh F. Hall, Supreme Court's Tilt to the Property Right: Procedural Due Process Protections of Liberty and Property Interests 3 Boston University Public Interest Law Journal (1993)
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  • Ronald A. Cass & Jack M. Beermann, Throwing Stones at the Mudbank: The Impact of Scholarship on Administrative Law 45 Administrative Law Review (1993)
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  • Jack M. Beermann, The Supreme Court's Narrow View on Civil Rights 1993 Supreme Court Review (1993)
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  • Jack M. Beermann, Ronald A. Cass & Colin S. Diver, 1993 Supplement to Administrative Law: Cases and Materials (1993)
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  • Jack M. Beermann, Interest Group Politics and Judicial Behavior: Macey's Public Choice 67 Notre Dame Law Review (1991)
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  • Jack M. Beermann, The Economic Theory of Politics and Legal Interpretation in the United States 22 Rechtstheorie (1991)
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  • Jack M. Beermann, Administrative Failure and Local Democracy: The Politics of DeShaney 1998 Duke Law Journal (1990)
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  • Jack M. Beermann, A Critical Approach to Section 1983 with Special Attention to Sources of Law 42 Stanford Law Review (1989)
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  • Jack M. Beermann & Joseph William Singer, Baseline Questions in Legal Reasoning: The Example of Property in Jobs 23 Georgia Law Review (1989)
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  • Jack M. Beermann, Bad Judicial Activism and Liberal Federal-Courts Doctrine: A Comment on Professor Doernberg and Professor Redish 40 Case Western Reserve Law Review (1989)
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  • Jack M. Beermann, Government Official Torts and the Takings Clause: Federalism and State Sovereign Immunity 68 Boston University Law Review (1988)
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  • Jack M. Beermann, Contract Law as a System of Values Book Review 67 Boston University Law Review (1987) (book review)
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  • Jack M. Beermann, Crises? What Crisis? 80 Northwestern University Law Review (1986) (book review)
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In the Media

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  • NPR January 24, 2023

    The Supreme Court Is Weighing a Theory That Could Upend Elections. Here’s How

    Jack Beermann is quoted.
    read more

  • BU Today September 30, 2022

    As Supreme Court Starts New Term, Some Cases to Watch

    Robert Tsai and Jack Beermann are quoted.
    read more

  • The Poynter Institute February 1, 2022

    Trump Falsely Says Electoral Count Act Talks Prove He Was Right on Pence’s Power

    Jack Beermann and Gary Lawson’s research is referenced.
    read more

  • BU Today January 31, 2022

    Who Will Replace Stephen Breyer on SCOTUS?

    Jack Beermann provides his opinion on SCOTUS.
    read more

  • Real Clear Policy January 21, 2022

    Five Facts on Reforming the Electoral Count Act of 1887

    Jack Beermann and Gary Lawson’s work was referenced.
    read more

  • USA Today January 19, 2022

    Electoral Count Act: What Is It, How Did It Play a Role In The 2020 Election and Jan. 6, and Why Are There Calls To Change It?

    Jack Beermann is quoted.
    read more

  • Bloomberg Law November 16, 2021

    Biden Vaccine-or-Test Rule’s Future at Stake in Court Lottery

    Jack Beermann is quoted.
    read more

  • WCVB October 4, 2021

    Boston Marathon Bomber Dzhokhar Tsarnaev’s Death Penalty Case to Be Heard during New Supreme Court Term

    Jack Beermann is quoted.
    read more

  • Law360 July 8, 2021

    Law Professors Say Trump Not Immune To Capitol Riot Suits

    Jack Beermann is quoted.
    read more

  • Law360 July 2, 2021

    Dem Reps. Say Trump, Giuliani Can’t Escape Capitol Riot Suit

    Jack Beermann is quoted.
    read more

  • BU Today April 7, 2021

    The Forgotten Court Case That Became American Racism’s Building Block

    Jack Beermann is interviewed.
    read more

  • Reason March 18, 2021

    Is the Electoral Vote Count Act Unconstitutional?

    Gary Lawson and Jack Beermann's research is quoted.
    read more

  • Bloomberg March 7, 2021

    Trump-Era Inertia Bogs Down Agencies as Biden Seeks Urgency

    Jack Beermann is quoted.
    read more

  • Law.com February 22, 2021

    How Attorneys Are Using a Post-Civil War Law to Go After Trump and White Supremacists

    Jack Beermann is quoted.
    read more

  • Law360

    Cohen Milstein Reps Lawmaker Suing Trump For Capitol Riot

    Jack Beermann is quoted.
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Courses

Administrative Law: LAW JD 801

4 credits

Beermann's Section - This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines. Shugarman's Section - This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. This Administrative Law class may differ from others in starting with unit on statutory interpretation (textualism, context, purposivism, "dynamic" interpretation and other sources of statutory meaning). Then the regulatory topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include standing, the implication of private rights of action from regulatory statutes and the availability citizens' suits.

FALL 2022: LAW JD 801 A1 , Sep 6th to Dec 8th 2022
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Jack M. Beermann LAW 414
SPRG 2023: LAW JD 801 A1 , Jan 17th to Apr 25th 2023
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Gary S. Lawson LAW 103
SPRG 2023: LAW JD 801 B1 , Jan 18th to Apr 26th 2023
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:40 pm 4 Jed Handelsman Shugerman LAW 605

Civil Rights Litigation: LAW JD 877

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 2022: LAW JD 877 A1 , Sep 6th to Dec 8th 2022
Days Start End Credits Instructors Bldg Room
Tue,Thu 4:20 pm 6:20 pm 4 Jack M. BeermannS. Theodore Merritt LAW 413

Supervised Research & Writing: LAW JD 841

Var credits

Upper-class students may pursue a special research interest under the guidance of a full time faculty member, and earn one or two semester credits for a Supervised Research and Writing project (also known as an Independent Study). The study must involve a substantial investment of time and effort, and result in significant written work that reflects a high standard of legal scholarship. The student's final grade will be based solely upon written work submitted, and will be included in the student's average. NOTE: Students must register for Supervised Research and Writing directly with the Registrar's Office. You may not register via the Student Link.

FALL 2022: LAW JD 841 A1 , Sep 6th to Dec 8th 2022
Days Start End Credits Instructors Bldg Room
ARR TBD TBD Var Jack M. Beermann
SPRG 2023: LAW JD 841 A1 , Jan 17th to Apr 26th 2023
Days Start End Credits Instructors Bldg Room
ARR TBD TBD Var James E. Fleming

Supreme Court 2022 Term: Criminal Law, Criminal Procedure and Habeas Cases (S): LAW JD 903

3 credits

This course will focus on cases that are currently on the docket of the Supreme Court across the range of the Court's subject matter. In the first week of class, we will read a set of pending certiorari petitions and vote as a class on whether we would grant the petition. (Petitions and background readings will be available on the course website.) Each student will be responsible for writing a brief memorandum in one case on whether the Court should grant the petition. Thereafter, each week, the class will read materials in preparation to discuss one or two cases pending on the merits, including its lower court opinion, the briefs from each party and selected amicus briefs. Prior to each class session, each student will be responsible for writing a brief memo (no more than a paragraph or two on each case) briefly stating how they would decide the case or cases for that week and why. Students will also be responsible for drafting one 20-25 page Supreme Court opinion and one 3-5 page dissenting opinion (either from their own opinion or someone else's) to be distributed to and discussed by the class. NOTE: Students registered for this seminar are encouraged to choose a case from the Court's docket during Fall Semester and take the lead on writing the opinion in that case. Students who do not choose a case in advance will be assigned one at the first class meeting. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2023: LAW JD 903 A1 , Jan 18th to Apr 26th 2023
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Jack M. Beermann LAW 420