Name: Cass R. Sunstein
Work Address: University of Chicago Law School, 1111 East 60th Street, Chicago,
Illinois, 60637
Telephone: 773-702-9498 (business)
Fax: 773-702-0730 (business)
email: Cass_Sunstein@law.uchicago.edu
1993-present -- Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, Law School and Department of Political Science, University of Chicago
1988-1993 -- Karl N. Llewellyn Professor of Jurisprudence, Law School and Department of Political Science, University of Chicago
1985-1988 -- Professor of Law, Law School and Department of Political Science, University of Chicago
1987, spring -- Visiting Professor of Law, Harvard Law School
1986, fall -- Samuel Rubin Visiting Professor of Law, Columbia Law School
1983-July 1, 1985 -- Assistant Professor, Law School and Department of Political Science, University of Chicago
1981-1983 -- Assistant Professor of Law, University of Chicago Law School
1980-1981 -- Attorney-Advisor, Office of Legal Counsel, U.S. Department of Justice
1979-1980 -- Law Clerk to the Honorable Thurgood Marshall, Supreme Court of the United States
1978-1979 -- Law Clerk to the Honorable Benjamin Kaplan, Supreme Judicial Court of Massachusetts
J.D. 1978, Harvard Law School magna cum laude (Executive Editor, Harvard Civil Rights-Civil Liberties Law Review; Winning Team, Ames Moot Court Competition)
A.B. 1975, Harvard College magna cum laude (Board of Editors, Harvard Lampoon; Varsity Squash)
High School: Graduated 1972, Middlesex School, Concord, Massachusetts
Constitutional Law (Three Courses: Free Speech and Religion; Governmental Structure; Equality and Due Process), Constitutional Theory and Interpretation, Constitutionalism and Democracy, Administrative Law, The Theory of the Regulatory State, Environmental Law, Regulation: What Works and What Doesn't, Social Security and Welfare Law, Civil Procedure, Supreme Court Seminar, Rawls and His Critics, Elements of the Law (introductory jurisprudence), Selected Issues in Contemporary Legal Theory, Rationality and Practical Reason
Member, Presidential Advisory Committee on the Public Service Obligations of Digital Television, 1997-1998
Co-Director, Center on Constitutionalism in Eastern Europe, University of Chicago, 1990 - 1997
National Council, World Wildlife Fund, 1994-present
Vice-Chair, Judicial Review Committee, Section on Administrative Law and
Regulatory Practice, American Bar Association, 1991-present
Commissioner, American Bar Association Commission on the future of the Federal Trade Commission and of economic regulation, 1988
Associate Editor, Ethics, 1986-1988
Board of Editors, Studies in American Political Development, 1989-present
Board of Editors, Journal of Political Philosophy, 1991-present
Board of Editors, Constitutional Political Economy, 1991-present
Contributing Editor, The American Prospect, 1989-present
Chair, Administrative Law Section, Association of American Law Schools, 1989-1990
Vice-Chair, American Bar Association Section on Governmental Organization and Separation of Powers, 1986-1987
Council, American Bar Association Section on Administrative Law, 1987-1988
Vice-Chair, American Association of Law Schools, Section on Administrative Law, 1987-1989, 1990-present
Member, American Law Institute, 1990-present
Member, American Academy of Arts and Sciences, elected 1992
Have testified on numerous legal subjects, usually involving separation of powers, administrative law, regulatory policy, and constitutional law, before a number of national and local government bodies, including Senate Judiciary Committee, Senate Government Affairs Committee, House Rules Committee, Attorney General's Commission on Pornography, and Illinois House of Representatives
Have advised on law reform and constitution-making efforts in various nations, including Ukraine, Romania, Poland, South Africa, Bulgaria, Lithuania, Albania, Israel, and China
Have worked on briefs pro bono on various subjects in United States Supreme Court, United States Court of Appeals, and United States District Courts
Books:
Behavioral Law and Economics (editor, Cambridge University
Press, forthcoming, 2000)
One Case At A Time: Judicial Minimalism on the Supreme Court (1999, Harvard University Press)
Administrative Law and Regulatory Policy (1999) (with Stephen Breyer, Richard B. Stewart, and Matthew Spitzer)
The Cost of Rights (1999) (with Stephen Holmes, W.W. Norton; paperback forthcoming 2000)
Clones and Clones: Facts and Fantasies About Human Cloning (with Martha Nussbaum, W.W. Norton, 1998) (paperback 1999)
Legal Reasoning and Political Conflict (Oxford University Press 1996; paperback 1998)
Free Markets and Social Justice (Oxford University Press, 1997; reprinted twice in hardcover; paperback 1999)
Democracy and the Problem of Free Speech (The Free Press,
1993; paperback with a new afterword 1995)
The Partial Constitution (Harvard University Press 1993; paperback 1994,
reprinted 1997)
After the Rights Revolution: Reconceiving the Regulatory State (Harvard University Press 1990; paperback 1993)
Constitutional Law (Little, Brown & Co., 1st edition 1986; 2d edition 1991; 3d edition 1995) (co-author)
The Bill of Rights and the Modern State (University of Chicago Press 1992) (co-editor with Geoffey R. Stone and Richard A. Epstein)
Feminism and Political Theory (editor) (University of Chicago Press 1990)
Articles and Essays (selected):
Television and the Public Interest, California Law Review (forthcoming 2000)
Do People Want Optimal Deterrence?, J. Legal Stud. (forthcoming 2000) (with David Schkade and Daniel Kahneman)
Group Dynamics, in Aftermath (forthcoming book on Clinton Impeachment, 2000)
Agreements Without Theory, in Democracy and Difference (Stephen Macedo ed., 1999)
Should Sex Equality Law Apply to Religious Institutions?, i Is Multiculturalism Bad for Women? (Joshua Cohen and Martha Nussbaum, eds. 1999)
Are Juries More Erratic Than Individuals?, Columbia Law Review (forthcoming 2000) (with David Schakde and Daniel Kahneman)
Nondelegation Canons, University of Chicago Law Review (forthcoming 2000)
Cognition and Cost-Benefit Analysis, J. Legal Stud. (forthcoming 2000)
Is the Clean Air Act Unconstitutional?, Michigan Law Review (forthcoming 1999)
An Incompletely Theorized Conviction, Harvard Law Review (forthcoming 1999)
Availability Cascades and Risk Regulation, Stanford Law Review (1999) (with Timur Kuran), also forthcoming in Behavioral Law and Economics (Cambridge University Press 2000)
Must Formalism Be Defended Empirically?, University of Chicago Law Review (1999)
Second-Order Decisions, Ethics (forthcoming 1999) (with Edna Ullmann-Margalit), also forthcoming in Behavioral Law and Economics (Cambridge University Press 2000)
Impeaching the President, University of Pennsylvania Law Review (1999)
Informational Standing, University of Pennsylvania Law Review (1999)
From Impeachment to Reform, Florida Law Review (1999)
Assessing Punitive Damages (With Notes on Cognition and Valuation in Law), Yale Law Journal (1998) (with Daniel Kahneman and David Schkade) (also forthcoming in revised form in Behavioral Law and Economics, Cambridge University Press, 2000
A Behavioral Approach to Law and Economics, Stanford Law Review (1998) (with Christine Jolls and Richard Thaler), also in Behavioral Law and Economics (forthcoming 2000)
Controlling Public Power in the United States, in Administrative Justice in Southern Africa (H. Corder and T. Maluwa eds. 1997)
Shared Outrage and Erratic Awards: The Psychology of Punitive Damages, J. of Risk and Uncertainty (1998) (with Daniel Kahneman and David Schkade)
Is Tobacco A Drug?, Duke Law Journal (1998)
Bad Incentives and Bad Institutions, Georgetown Law Journal (1998)
A Note on Voluntary and Involuntary Risks, Duke Environmental Law Journal (1998)
Practical Reason and Incompletely Theorized Agreements, forthcoming in Reasoning Practically (Edna Ullmann-Margalit ed., Oxford University Press, 1998)
Health-Health Tradeoffs, forthcoming in Deliberative Democracy (Jon Elster ed., Cambridge University Press, 1998)
Behavioral Analysis of Law, U. Chicago Law Review (1997)
Leaving Things Undecided, Foreword: Harvard Law Review (1996)
Bad Deaths, Journal of Risk and Uncertainty (1997)
Incommensurability in Law, in Incommensurability: Philosophy, Law, Policy (Harvard University Press, Ruth Chang ed., forthcoming 1998)
Selective Fatalism, Journal of Legal Studies (forthcoming 1998)
From Theory to Practice, Arizona State Law Journal (1997)
Social Norms and Social Roles, Columbia Law Review (1996)
The Expressive Function of Law, University of Pennsylvania
Law Review (1996)
Academic Freedom and the Law: Liberalism, Speech Codes, and Related Problems,
in The Future of Academic Freedom (L. Menand ed. 1996)
What the Civil Rights Movement Was and Wasn't, in Reassessing the 1960s (S. Macedo ed. 1996)
Which Risks First?, in University of Chicago Legal Forum (1997)
The Right to Die, Yale Law Journal (1997)
The Cost-Benefit State, in Rethinking Regulation (Robert Hahn ed., forthcoming 1997, Cambridge University Press)
Against Tradition, in The Communitarian Challenge to Liberalism (E. Paul ed. 1996); also published in Social Philosophy and Policy (1996)
Health-Health Tradeoffs, University of Chicago Law Review (1996)
Political Deliberation and the Supreme Court, California Law Review (forthcoming 1996)
Congress, Constitutional Moments, and the Cost-Benefit State, Stanford Law Review (1995)
Incompletely Theorized Agreements, Harvard Law Review (1995)
Political Conflicts and Legal Agreements, 1996 The Tanner Lectures in Human Values (1996)
The First Amendment in Cyberspace, Yale Law Journal (1995)
Problems With Rules, California Law Review (1995)
The Idea of A Useable Past, Columbia Law Review (1995)
Rights and Their Critics, Notre Dame Law Review (1995)
Reinventing the Regulatory State, 62 University of Chicago Law Review 1 (1995) (with Richard Pildes)
Well-Being and the State, 107 Harvard Law Review (1994)
The Anticaste Principle, Michigan Law Review (1994)
Conflicting Values in Law, Fordham Law Review (1994)
Homosexuality and the Constitution, Indiana Law Journal (1994)
The Politics of Constitutional Amendment in Eastern Europe (with Stephen Holmes), in Constitutional Amendment (S. Levinson ed., Princeton University Press)
Economic Incentives, Environmental Law, and Democracy, Ecology Law Quarterly (1994)
Standing Injuries, 1994 Supreme Court Review
Liberal Constitutionalism and Liberal Justice, Texas Law Review (1994)
Incommensurability and Valuation in Law, Michigan Law Review (1994)
Gender, Caste, Law, in Human Capabilities (J. Glover & M. Nussbaum eds. Cambridge University Press, 1996)
The President and the Administration, 94 Columbia Law Review (1994)
Article III Revisionism, 92 Michigan Law Review (1993)
Academic Freedom and Law: Liberalism, Speech Codes, and Related Problems, Academe (1993), and forthcoming in Academic Freedom (Louis Menand ed. 1994)
Information, Please, Eastern European Constitutional Review (1993)
The Enduring Legacy of Republicanism, in A New Constitionalism (K. Soltan & S. Elkin eds., University of Chicago Press 1993)
On Legal Theory and Legal Practice, NOMOS: Theory and Practice (forthcoming 1995)
Endogenous Preferences, Environmental Law, J. Legal Studies (1993)
Environmental Economics, The American Prospect (1993)
Words, Conduct, Caste, University of Chicago Law Review (1993)
In Defense of Liberal Education, J. Legal Educ. (1993)
On Analogical Reasoning, 106 Harvard Law Review (1993)
Truisms and Constitutional Duties: A Reply, Texas Law Review (1993) (with David A. Strauss)
Presidential Power and the Council on Competitiveness, Am. Univ. J. of Ad. Law (1993)
On Finding Facts, in Questions of Evidence (James Chandler, Arnold Davidson, and Harry Harootunian eds, forthcoming 1994)
What's Standing After Lujan? Of Citizen Suits, Injuries, and Article III, Michigan Law Review (1992)
Federalism in South Africa? Lessons From the American Experience, American University J. of International Law (1993) and in From Apartheid to Democracy (N. Kittrie, ed., 1994)
Democracy and Shifting Preferences, in The Idea of Democracy
(Cambridge University Press, 1993, edited by David Copp, Jean Hampton, and
John Roemer)
Half-Truths of the First Amendment, Univ. Chi. Legal Forum (1993)
Against Interest-Group Theory: A Comment, Journal of Law & Economics (1993)
Informing America, Fla. State L.J. (1993)
On Marshall's Conception of Equality, 44 Stanford L. Rev. 1267 (1992)
The Negative Constitution: Transition in Latin America, University of Miami Law Review (forthcoming 1993), reprinted in Transition to Democracy in Latin America: The Role of the Judiciary (I. Stotzky ed. 1993)
Public Choice, Endogenous Preferences, International Review of Law and Economics (1992)
The Senate, the Constitution, and the Confirmation Process,
103 Yale L. J. (1992) (with David A. Strauss)
Economics and the Environment: Trading Debt and Technology for Nature, 14
Colum. J. Env. L. (1992) (with Catherine O'Neill), epublished in 24 Land
Use and Environment Law Review (1993) as one of best articles on environmental
and land use law in 1992
On Property and Constitutionalism, Cardozo L. Rev. (1992)
Free Speech Now, 59 Univ. Chicago L. Rev. (1992)
Neutrality in Constitutional Law (with special reference to pornography, abortion, and surrogacy), 92 Columbia L. Rev. (1992)
Constitutionalism, Prosperity, Democracy: Transition in Eastern Europe, Constitutional Political Economy (1991)
Democratizing America Through Law, 20 Suffolk L. Rev. (1991)
Constitutionalism and Secession, 58 University of Chicago Law Review 633 (1991)
Ideas, Yes; Assaults, No, The American Prospect (1991)
Politics and Preferences, 20 Philosophy and Public Affairs 3 (1991), reprinted in Democracy: Theory and Practice (J. Arthur ed. 1992)
Three Civil Rights Fallacies, 79 California Law Review 751 (1991)
Political Economy, Administrative Law: A Comment, Journal of Law, Economics, and Organizations (1991)
Law and Administration After Chevron, 90 Columbia Law Review (1991)
The Limits of Compensatory Justice, NOMOS: COMPENSATORY JUSTICE (1991)
What Judge Bork Should Have Said, Connecticut Law Review (1991)
Republicanisms, Rights: A Comment on Pangle, Chicago-Kent Law Review (1991)
Republicanism and the Preference Problem, Chicago-Kent Law Review (1991)
Why Markets Won't Stop Discrimination, 8 Social Philosophy and Policy 21 (1991), and in Reassessing Civil Rights (E. Paul ed., Basil Blackwell 1991)
Why the Unconstitutional Conditions Doctrine Is An Anachronism, 70 Boston University Law Review (1991)
Political Self-Interest in American Public Law, in Beyond Self-Interest (J. Mansbridge ed., U. of Chi. Press 1990)
Administrative Substance, 1990 Duke Law Journal
Remaking Regulation, 3 The American Prospect 73 (1990)
Principles, Not Fictions, 57 University of Chicago Law Review (1990)
Norms in Surprising Places: The Case of Statutory Construction, Ethics (1990)
Paradoxes of the Regulatory State, 57 University of Chicago Law Review (1990)
Constitutional Politics and the Conservative Court, in The American Prospect (1990)
Interpreting Statutes in the Regulatory State, 103 Harvard Law Review (1989), recipient of 1990 award of American Bar Association for best annual scholarship in administrative law
Unity and Plurality: The Case of Compulsory Oaths, 2 Yale Journal of Law and Humanities (1989)
Disrupting Voluntary Transactions, in NOMOS: Markets and Justice (1989)
On the Costs and Benefits of Aggressive Judicial Review of Administrative Action, Duke Law Journal (1989)
The First Amendment and Cognition, Duke Law Journal (1989)
Low Value Speech Revisited, Northwestern L. Rev. (1989)
Introduction: Notes on Feminist Political Thought, Ethics (1989)
Is There An Unconstitutional Conditions Doctrine?, San Diego L. Rev. (1989)
Six Theses on Interpretation, Constitutional Commentary (1989)
Beyond the Republican Revival, 98 Yale Law Journal (1988)
The Beard Thesis and the New Deal, George Washington Law Review (1988)
Standing and the Privatization of Public Law, 88 Columbia Law Review (1988)
Sexual Orientation and the Constitution: A Note on the Relationship Between Due Process and Equal Protection, 55 University of Chicago Law Review (1988)
Changing Conceptions of Administration, Brigham Young Law Review (1988)
Compelling Government Action: The Problem of Affirmative Rights, in The Cambridge Lectures (1988)
Pornography and Free Speech, in Civil Liberties in Conflict (L. Gostin ed. 1988)
Protectionism, National Markets, and the American Supreme Court, in volume on National Integration and the Future of the European Economic Community (European University Institute, 1988)
Constitutions and Democracies: An Epilogue, in Constitutionalism and Democracy (Cambridge University Press, 1988) (J. Elster & R. Slagstaad eds.)
Constitutionalism After the New Deal, 101 Harvard Law Review 421 (1987)
Lochner's Legacy, 87 Columbia Law Review 893 (1987), reprinted in Law and Liberalism in the 1980s (V. Blasi ed., Columbia University Press 1991)
Routine and Revolution, Northwestern Law Review (1987), reprinted in Critique and Construction (R. Lovin & M. Perry eds., Cambridge University Press, 1990)
Lochner's Misunderstood Legacy, Columbia Observer (1987)
Judicial Review of Administrative Action in a Conservative Era, Administrative Law Review (1987)
Legal Interference with Private Preferences, 53 University of Chicago Law Review 1127 (1986)
Two Faces of Liberalism, University of Miami Law Review (1986)
The Role of the President in Informal Rulemaking, Administrative Law Review (1986) (with Peter Strauss)
Government Control of Information, California Law Review (1986)
Pornography and the First Amendment, 1986 Duke Law Journal (1986)
Madison and Constitutional Equality, 9 Harvard Journal of Law and Public Policy 146 (1986)
Notes on Pornography and the First Amendment, 3 Journal of Law and Inequality (1986)
Factions, Self-Interest, and the APA: Four Lessons Since 1946, 62 Virginia Law Review (1986)
Deregulation and the Courts, 5 Journal of Public Policy and Management (1986)
Interest Groups in American Public Law, 38 Stanford L. Rev. 29 (1985), recipient of American Bar Association award for distinguished scholarship in administrative law
Reviewing Agency Inaction After Heckler v. Chaney, 51 U. Chi. L. Rev. 636 (1985)
Naked Preferences and the Constitution, 84 Colum. L. Rev. 1689 (1984), reprinted in book of readings on constitutional law (Foundation Press)
In Defense of the Hard Look: Judicial Activism and Administrative Law, 7 Harvard Journal of Law and Public Policy 51 (1984)
Hard Defamation Cases, 25 William & Mary L. Rev. 877 (1984)
Rights, Minimal Terms, and Solidarity, 51 U. Chi. L. Rev. (1984)
Legislative Attacks on School Desegregation, in Civil Rights in the Eighties: A Thirty Year Perspective (1984)
Deregulation and the Hard-Look Doctrine, 1983 Supreme Court Review 177
Is Cost-Benefit Analysis a Panacea for Administrative Law?, University of Chicago Law School Record (1983)
Politics and Adjudication, 94 Ethics 126 (1983) (review-essay)
Public Employees, Executive Discretion, and the Air Traffic Controllers, 50 University of Chicago Law Review 731 (1982) (with Bernard Meltzer)
Participation, Public Law, and Venue Reform, 49 University of Chicago Law Review 976 (1982)
Public Programs and Private Rights, 95 Harvard Law Review 1193 (1982) (with Richard Stewart)
Section 1983 and the Private Enforcement of Federal Law, 49 University of Chicago Law Review 394 (1982)
Public Values, Private Interests, and the Equal Protection Clause, 1982 Supreme Court Review 127
Cost-Benefit Analysis and the Separation of Powers, 23 Arizona Law Review 1267 (1981)
Short Essays and Reviews (selected):
Vanity Fair, The New Republic (1999) (reviewing Robert Frank. Luxury Fever)
Founders, Keepers, The New Republic (1993) (reviewing Samuel Beer, To Make A Nation)
Valuing Life, The New Republic (1993) (reviewing W. Kip Viscusi, Smoking, and W. Kip Viscusi, Fatal Tradeoffs)
Against Positive Rights, 2 Eastern European Constitutional Review (1993)
Where Politics Ends, The New Republic (1992)
Hans, University of Chicago Law Review (1992)
Something Old, Something New, 1 Eastern European Constitutional Review (1992)
Judicial Remedies and the Public Tort Law, 92 Yale Law Journal 450 (1983) (book review of Schuck, Suing Government)
Review of Baer, Equality Under the Constitution, 95 Ethics (1984)
Review of John Keane, Public Life and Late Capitalism, 96 Ethics (1986)
Feminism and Legal Theory, 101 Harv. L. Rev. (1988) (book review of MacKinnon, Feminism Unmodified)
The Spirit of the Laws, The New Republic (1991) (reviewing L. Tribe and M. Dorf, Reading the Constitution)
Rightalk, The New Republic (1991) (reviewing M. Glendon, Rights Talk)
New Deals, The New Republic (1992) (reviewing B. Ackerman, We the People)
Is The Court Independent?, The New York Review of Books (1992) (reviewing W. Rehnquist, Grand Inquests, and G. Rosenberg, The Hollow Hope)
Equality and Free Expression, The New Republic, (1995) (reviewing N. Strossen, Defending Pornography)
Earl Warren is Dead, The New Republic (1996) (reviewing R. Dworkin, Freedom's Law)
Children and Television, The New Republic (1996) (reviewing N. Minow, Abandoned in the Wasteland)
Constitutional Amendment, The New Republic (1997) (reviewing D. Kyvig, Explicit and Authentic Acts)
Democracy Isn't What You Think, The New York Times (1996) (reviewing J. Habermas, Between Facts and Norms)
Let's Hear It For Bureaucrats, The New York Times (1997) (reviewing J. Mashaw, Greed, Chaos, and Governance)
Rebuilding the Wall of Privacy, New York Times (1997) (op-ed)
Government and Markets, The New Republic (1997) (reviewing F. Hayek, Socialism and War)
A Constitutional Disgrace, The New Republic (1999) (reviewing Janet Halley, Don't)
(Note: Frequent contributions to newspapers and magazines, e.g., The Washington Post, the New York Times, The New Republic; this is a very partial listing)
Speeches, Honors, Invited Papers, Workshops:
Invited lectures and papers within United States (selected): National Science Foundation/Columbia University Conference on administrative law and political economy; Urban League Conference on Civil Rights in the Eighties: A Thirty Year Perspective; The Midwest Constitutional Law Professors Conference at Wayne State University; William & Mary College Symposium on Defamation Law; Samuel Rubin Lecture at Columbia Law School; Distinguished Lecture at Boston University; Distinguished Lecture at the University of Connecticut; Principal paper at University of Pennsylvania Symposium on First Amendment in honor of 250th anniversary of trial of John Paul Zenger; Marx Lecture at the University of Cincinnati Law School; Duke Law Journal Lecture; Distinguished Lecturer, Bicentennial Celebration, Law Day, University of Texas at Austin; Annual Meeting of Federalist Society; Law Day Lecturer, Georgetown University; Yale University symposium on Law, Language, and Compulsion; Midwest Faculty Seminar; in Washington, DC, at joint US-South Africa Conference on new South African Constitution; The Tanner Lectures on Human Values, Harvard University
Invited lectures and papers outside of United States (selected): Israel, on freedom of speech and the proposed Israeli Constitution; Florence, Italy, at international conference on the future of the European Economic Community, on the lessons of American federalism for federalism in Europe; University of Beijing, Beijing, China, on American administrative law and constitutional law; Munich, Germany, for German Celebration of Bicentennial of American Constitution, on the New Deal and the Constitution; Cambridge, England, at The Cambridge Lectures, on negative and positive rights in the American Constitution; Salzburg, Austria, as instructor at the Salzburg Seminar, on constitutional and administrative law; Toronto, Canada, on government regulation of the economy; Paris, at conference on French and American constitutional experiences; Warsaw, Poland, on constitution-making in Poland; Prague, on constitution-making in Ukraine
Legal or political theory workshops (selected): Boston University, Columbia University, Northwestern University, McGill University, University of Southern California, Princeton University, Harvard University, Stanford University, Yale University, University of Toronto, University of Michigan, Washington University, New York University, University of Pennsylvania, University of California at Los Angeles
Professional meetings (selected): American Association of Law Schools Annual Convention, panels on poverty law (1985), administrative law (1986 and 1989) republicanism (1987), separation of powers (1987), constitutional law (1988), law and interpretation (1989), and jurisprudence (1988); Annual Meeting of Public Policy and Management Society, panel on Deregulation and the Courts; Annual meeting of American Political Science Association, panels on various subjects (1986, 1987, 1989, 1990, 1992, 1993)
Certificate of Merit Award of American Bar Association for contribution to public understanding of American legal system, 1991, for After the Rights Revolution
Award of American Bar Association for best scholarship in administrative law, 1987, for Interest Groups in American Public Law, 38 Stanford Law Review
Award of American Bar Association for best scholarship in administrative law, 1989, for Interpreting Statutes in the Regulatory State, 102 Harv. L. Rev.
Visiting Scholar, University of Minnesota Law School, Rutgers University, George Washington University
Goldsmith Book Award, Harvard University, 1994, for Democracy and the Problem of Free Speech (awarded for best book on free speech)
Elected to American Academy of Arts and Sciences, 1992