DATE OF BIRTH:
August 16, 1945

TELEPHONE:
Work: (312) 503-8545
Home: (847) 432-4248

EDUCATIONAL BACKGROUND:
Legal:
J.D., Harvard Law School, 1970, Honors: Magna Cum Laude, Harvard Law Review

College:
A.B., University of Pennsylvania, 1967, Honors: Phi Beta Kappa, Highest Honors in Political Science

EMPLOYMENT:
September 1973 - Current
Professor of Law, Northwestern University
Assistant Professor: 9/73 - 8/76
Associate Professor: 9/76 - 8/78
Full Professor: 9/78 - 3/90

Named Louis and Harriet Ancel Professor of Law and Public Policy: 3/90

Subjects: Civil Procedure, Constitutional Law, and Federal Jurisdiction

Honors:
Perkins-Bauer Teaching Professorship (1982-83)

Robert Childres Memorial Award for Teaching Excellence (1987)

Stanford Clinton Senior Research Professorship (1988-89)

Dean's Teaching Award (1999)

VISITING PROFESSORSHIPS:
June 1977 - August 1977

Visiting Associate Professor of Law, Stanford University

September 1977 - December 1977

Visiting Associate Professor of Law, Cornell University

September 1987 - May 1988

Visiting Professor of Law, University of Michigan

Honors: L. Hart Wright Outstanding Teacher Award

September 1971 - July 1973

Associate with the firm of Proskauer Rose Goetz & Mendelsohn
300 Park Avenue, New York, New York

September 1970 - May 1971

Clerk to the Honorable J. Joseph Smith
United States Court of Appeals for the Second Circuit

Professional Activities:
Steering Committee, "Law 2000" Conference, sponsored by the Library of Congress

Civil Justice Reform Act Advisory Committee for the Federal District Court, Northern District of Illinois (1995-97)

Academic Consultant to the Subcommittee on Judicial Independence of the Judicial Branch Committee, Judicial Conference of the United States (1994)

Board of Revisers, Moore's Federal Practice (1994-97)

Member, Seventh Circuit Rules Advisory Committee (1978-89)

Reporter, American College of Trial Lawyers Project on Complex Civil Litigation (1980-81)

Expert Witness Before the United States Senate Judiciary Committee (Testimony on Congressional Power to Control Federal Jurisdiction, May 1981; Testimony on Constitutional Implications of Bankruptcy Court Reform, July 1983)

Consultant to the Director of the Bureau of Consumer Protection, Federal Trade Commission (concerning constitutionality of cigarette advertising regulation) (1986)

Expert Witness before Transportation, Tourism and Hazardous Materials Subcommittee of the Energy and Commerce Committee of the House of Representatives on constitutionality of cigarette advertising regulation (April 1987)

Expert Witness before House Judiciary Committee on constitutionality Under First Amendment of proposed legislation regulating pornography (August 1988)

Expert Witness before Transportation, Tourism and Hazardous Materials Subcommittee of the Energy and Commerce Committee of the House of Representatives on constitutionality of the regulation of cigarette advertising to minors (July 1989)

Expert Witness before Subcommittee on Crime, Judiciary Committee of the House of Representatives on Constitutionality of Hate Crime Sentencing Enhancement (July 1992)

Expert Witness before the United States Senate Judiciary Committee on the First Amendment Implications of the Tobacco Settlement (February 1998)

Expert Witness before the United States Senate Commerce Committee on the First Amendment Implications of the Tobacco Settlement (March 1998)

Of Counsel to the firm of Piper, Marbury, Rudnick & Wolfe

Member, American Law Institute

PUBLICATIONS
Books
Money Talks: Speech, Economic Power and the Values of Democracy (in progress; to be published by N.Y.U. Press, 2001)

Understanding Federal Court Jurisdiction, Matthew Bender & Co., 1999 (with Mullenix and Vairo)

Moore's Federal Practice 3d ed., volume 15, on Federal Jurisdiction (1997)

The Constitution as Political Structure (Oxford University Press, 1995)

Moore's Federal Practice (Reviser of volume 4, concerning Rule 26) (1994)

Summary Judgment: Federal Law and Practice (with Brunet & Reiter) (Shepard's-McGraw Hill, 1994)

Constitutional Law: Principles and Policy, Cases and Materials (with Barron, Dienes & McCormack) (5th ed., 1996; Michie Co.; 4th ed. 1992; 3d ed. 1987)

The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory (Carolina Academic Press; 1991)

Federal Jurisdiction: Tensions in the Allocation of Judicial Power (2d ed. 1990; Michie Co.; 1st ed. 1980)

Civil Procedure: A Modern Approach (with Marcus and Sherman) (West Publishing Co.; 1989) (2d ed. 1995)

Federal Courts: Cases, Comments and Questions (4^th ed. 1998) (West Publishing Co.) (with Sherry) (1st ed. 1983; 2d ed. 1989; 3d ed. 1994)

Federal Jurisdiction - Blackletter Series (1985; West Publishing Co.; 2d ed. 1990)

Freedom of Expression: A Critical Analysis (1984; Michie Co.)

Articles
Intersystemic Redundancy and Federal Court Power: Proposing a Zero Tolerance Solution to the Duplicative Litigation Problem, Notre Dame Law Review (2000)(lead article in annual symposium issue on federal practice and procedure)

The Right of Expressive Access in First Amendment Theory: Redistributive Values and the Democratic Dilemma, 93 Northwestern Law Review 1083 (1999)(with Kirk Kaludis)

Judicial Discipline, Judicial Independence, and the Constitution: A Textual and Structural Analysis, 72 Southern California Law Review 673 (1999)

Federal Power to Commandeer State Courts: Implications for the Theory of Judicial Federalism, 32 Indiana Law Review 71 (1998) (with Stephen Sklaver)

Of New Wine and Old Bottles: Personal Jurisdiction, the Internet and the Nature of Constitutional Evolution, 38 Jurimetrics Journal 575 (1998)

What’s Good for General Motors: Corporate Speech and the Theory of Free Expression, 66 George Washington Law Review 235 (1998) (with Howard Wasserman)

Constitutionalizing Federalism: A Foundational Analysis, 23 Ohio Northern Law Review 1237 (1997)

First Amendment Theory and the Demise of the Commercial Speech Distinction: The Case of the Smoking Controversy, 24 Northern Kentucky Law Review 553 (1997)

Government Subsidies and Free Expression, 80 Minnesota Law Review 543 (1996) (with Daryl Kessler)

Tobacco Advertising and the First Amendment, 81 Iowa Law Review 589 (1996)

Procedural Due Process and Aggregation Devices in Mass Tort Litigation, 63 Defense Counsel Journal 18 (1996)

The Constitutionality of Illinois Tort Reform, Illinois Defense Counsel Quarterly (series of four articles, 1995-96)

Seventh Amendment Right to Jury Trial in Non-Article III Proceedings: A Study in Dysfunctional Constitutional Theory, 4 William and Mary Bill of Rights Law Journal 407 (1995) (with Daniel La Fave)

Federal Judicial Independence: Constitutional and Political Perspectives, 46 Mercer Law Review, 697 (1995) (featured article in special symposium issue on judicial independence)

Personal Jurisdiction and the Global Resolution of Mass Tort Litigation: Defining the Constitutional Boundaries, 28 Davis Law Review 917 (1995) (with Eric Beste)

Doing It With Mirrors: New York v. United States and Constitutional Limitations on Congressional Power to Require State Legislation, 21 Hastings Constitutional Law Quarterly 593 (1994)

Democratic Theory and the Legislative Process: Mourning the Death of Originalism in Statutory Interpretation, 68 Tulane Law Review 803 (1994) (with Theodore Chung)

Taking a Stroll Through Jurassic Park: Neutral Principles and the Originalist-Minimalist Fallacy in Constitutional Interpretation, 88 Northwestern University Law Review 165 (1993)

Freedom of Thought as Freedom of Expression: Hate Crime Sentencing Enhancement and First Amendment Theory, 11 Criminal Justice Ethics 29 (1992)

Reassessing the Allocation of Judicial Business Between State and Federal Courts: Federal Jurisdiction and "The Martian Chronicles," 78 Virginia Law Review 1769 (1992)

"If Angels Were to Govern": The Need for Pragmatic Formalism in Separation of Powers Theory, 41 Duke Law Journal 449 (1991) (with Elizabeth Cisar)

Freedom of Expression and the Civic Republican Revival in Constitutional Theory: The Ominous Implications, 79 California Law Review 267 (1991) (with Gary Lippman)

Tradition, Fairness and Personal Jurisdiction: Due Process and Constitutional Theory After Burnham v. Superior Court, 22 Rutgers Law Journal 675 (1991)

Judge-Made Abstention and the Fashionable Art of "Democracy Bashing," 40 Case Western Law Review 1023 (1990)

Product Health Claims and the First Amendment: Scientific Expression and the Twilight Zone of Commercial Speech, 43 Vanderbilt Law Review 1433 (1990)

The Passive Virtues, the Counter-Majoritarian Principle and the "Judicial-Political" Model of Constitutional Adjudication, 22 Connecticut Law Review 647 (1990)

Text, Structure, and Common Sense in the Interpretation of Article III, 138 University of Pennsylvania Law Review 1633 (1990)

Killing the First Amendment with Kindness: A Troubled Reaction to Collins and Skover, 68 Texas Law Review 1147 (1990)

Separation of Powers, Judicial Authority, and the Scope of Article III: The Troubling Cases of Morrison and Mistretta, 39 DePaul Law Review 299 (1990)

Federal Common Law, Political Legitimacy, and the Interpretive Process: An Institutionalist Perspective, 83 Northwestern University Law Review 761 (1989)

Federal Common Law and American Political Theory: A Response to Professor Weinberg, 83 Northwestern University Law Review 853 (1989)

Judicial Parity, Litigant Choice and Democratic Theory: A Comment on Federal Jurisdiction and Constitutional Rights, 36 UCLA Law Review 329 (1988)

The Role of Pathology in First Amendment Theory: A Skeptical Examination, 38 Case Western Reserve Law Review 618 (1988)

The Dormant Commerce Clause and the Constitutional Balance of Federalism, 1987 Duke Law Journal 569 (with Shane Nugent)

Constitutional Federalism and Judicial Review: The Role of Textual Analysis, 62 N.Y.U. Law Review 1 (1987) (with Karen Drizin)

Adjudicatory Independence and the Values of Procedural Due Process, 95 Yale Law Journal 455 (1986) (with Lawrence Marshall)

Limits on Scientific Expression and the Scope of First Amendment Values: A Comment on Professor Kamenshine's Analysis, 26 William & Mary Law Review 897 (1985).

Supreme Court Review of State Court "Federal" Decisions: A Study in Interactive Federalism, 19 Georgia Law Review 861 (1985)

Judicial Review and the Political Question, 79 Northwestern University Law Review 1031 (1985)

Abstention, Separation of Powers and the Limits of the Judicial Function, 94 Yale Law Journal 71 (1984)

The Proper Role of the Prior Restraint Doctrine in First Amendment Theory, 70 Virginia Law Review 53 (1984)

The Warren Court, The Burger Court and the First Amendment Overbreadth Doctrine, 78 Northwestern University Law Review 1031 (1983).

Legislative Courts, Administrative Agencies and the Northern Pipeline Decision, 1983 Duke Law Journal 197

Advocacy of Unlawful Conduct and the First Amendment: In Defense of Clear and Present Danger, 70 California Law Review 1159 (1982)

Constitutional Limitations on Congressional Power to Control Federal Jurisdiction: A Reaction to Professor Sager, 77 Northwestern University Law Review 143 (1982)

Congressional Power to Regulate Supreme Court Appellate Jurisdiction Under the Exceptions Clause: An Internal and External Examination, 27 Villanova Law Review 900 (1982)

The Value of Free Speech, 130 University of Pennsylvania Law Review 591 (1982)

Self-Realization, Democracy, and Freedom of Expression: A Reply to Professor Baker, 130 University of Pennsylvania Law Review 678 (1982)

The Content Distinction in First Amendment Analysis, 34 Stanford Law Review 113 (1981)

Due Process, Federalism and Personal Jurisdiction: A Theoretical Evaluation, 75 Northwestern University Law Review 101 (1981)

Continuing the Erie Debate: A Response to Westen and Lehman, 78 Michigan Law Review 958 (1980)

Revitalizing Civil Rights Removal Jurisdiction, 64 Minnesota Law Review 523 (1980)

The Doctrine of Younger v. Harris: Deference in Search of a Rationale, 63 Cornell Law Review 463 (1978)

Erie and the Rules of Decision Act: In Search of the Appropriate Dilemma, 91 Harvard Law Review 356 (1977) (with Carter Phillips)

The Anti-Injunction Statute Reconsidered, 44 University of Chicago Law Review 717 (1977)

Legislative Response to the Medical Malpractice Insurance Crisis: Constitutional Implications, 55 Texas Law Review 759 (1977)

Adjudication of Federal Causes of Action in State Court, 75 Michigan Law Review 311 (1976) (with John Muench)

Seventh Amendment Right to Jury Trial: A Study in the Irrationality of Rational Decision Making, 70 Northwestern University Law Review 486 (1975)

Congressional Power to Control the Jurisdiction of Lower Federal Courts: A Critical Review and a New Synthesis, 124 University of Pennsylvania Law Review 45 (1975) (with Curtis Woods)

The Pragmatic Approach to Appealability in the Federal Courts, 75 Columbia Law Review 89 (1975)

Preferential Law School Admissions and the Equal Protection Clause: An Analysis of the Competing Arguments, 22 UCLA Law Review 343 (1974)

Reflections on Federal Regulation of Corporate Political Activity, 21 Journal of Public Law 339 (1972)

Campaign Spending Laws and the First Amendment, 46 N.Y.U. Law Review 900 (1971)

The First Amendment in the Marketplace: Commercial Speech and the Values of Free Expression, 39 George Washington Law Review 429 (1971)

Book Reviews
Political Consensus, Constitutional Formulae, and the Rationale for Judicial Review 88 Michigan Law Review 1340 (1990)(essay review of Constitutional Cultures: The Mentality and Consequences of Judicial Review by Robert Nagel)

The Federal Courts, Judicial Restraint, and the Importance of Analyzing Legal Doctrine, 85 Columbia Law Review 1378 (1985) (essay review of The Federal Courts: Crisis and Reform by Richard Posner)

Judicial Review and Constitutional Ethics, 82 Michigan Law Review 665 (1984) (essay review of Constitutional Fate by Phillip Bobbitt)

Environmental Litigation, by James B. MacDonald & John E. Conway, 48 N.Y.U. Law Review 577 (1973)

Lawyers Before the Warren Court: Civil Liberties and Civil Rights 1957-66, by Jonathan D. Casper, and The Supreme Court Under Earl Warren, edited by Leonard W. Levy, 18 Villanova Law Review 978 (1973)

Monographs
Recommendations on Major Issues Affecting Complex Litigation (American College of Trial Lawyers, 1981) (Reporter)

The Constitutionality of Medical Malpractice Reform Legislation: A Supplemental Report (American Hospital Association, 1978)

Symposia and Colloquia
Better Government Association, Conference on Campaign Finance Regulation, May 1974 (Panelist)

University of Miami Economics Institute, Conference on Commercial Speech and the First Amendment, April, 1976 (Panelist)

American Enterprise Institute, Conference on Judicial Review, October, Washington D.C., 1981 (Panelist)

Villanova Law School Symposium, "Congressional Limits on Federal Court Jurisdiction," March, 1982 (Principal Speaker)

Northwestern University School of Law Symposium, "Freedom of Expression: Theoretical Perspectives," March, 1983 (Principal Speaker)

Federal Judicial Center, Institute for Federal Judges, Brigham Young University Law School, July, 1983 (Lecturer on Federal Jurisdiction)

Northwestern University Alumni College on Individual Rights, July, 1984 (Faculty Member)

University of Iowa College of Law, Faculty Workshop, February, 1985

Georgia Law Review Symposium on Federal Jurisdiction, Summer, 1985 (Contributor)

College of William and Mary, Marshall-Wythe School of Law, Institute of Bill of Rights Symposium, "National Security and the First Amendment," March, 1985 (Commentator)

Journalism Professors' Convention, Panel on Prior Restraint, August, 1985 (Principal Speaker)

Midwest Constitutional Law Professors' Conference, Panel on Tolerance and Free Speech, October, 1985

Chicago Business Press Association, Panel on Journalists' Ethics, April, 1986 (Moderator)

Faculty Workshop, University of Colorado School of Law, November, 1986

Federal Judicial Center, Symposium for Federal Judges on "Constitutional Adjudication and the Judicial Process in the Federal Courts," University of California Law School at Berkeley, June, 1987 (Lecturer on "The Eleventh Amendment in the Supreme Court: A Study in the Nature of Principled Decisionmaking")

Northwestern University Alumni College on the Bicentennial of the Constitution, July, 1987 (Faculty Member)

Interdisciplinary Conference on Changing Attitudes Towards Federalism at the Constitutional Convention, held at the New York Public Library, sponsored by the Liberty Fund, September 1987

A.A.L.S. Constitutional Law Workshop, Washington D.C., October, 1987 (Speaker at panel on "The Nature of Doctrinal Structure in Free Speech Cases")

Symposium on "The Role of the Federal Courts in the National Judicial System," N.Y.U. Law School, November, 1987 (panelist)

University of Michigan Law and Social Theory Workshop, November, 1987

Bicentennial Conference of Federal Appellate Judges, Washington, D.C., October 1988 (speaker on "Federal Jurisdiction in the Twenty-First Century")

Thomas P. O'Neill Conference on Courts and Judges, Boston College Department of Political Science, October 1988 (commentator)

Ninth Circuit Court of Appeals Workshop, Monterey, CA, February 1989 (speaker on separation of powers)

Northwestern University Law and Social Sciences Program Conference on Supreme Court Appointments, March 1989 (commentator)

University of Connecticut Law School Symposium on the Federal Courts, November 1989 (speaker)

A.A.L.S. Convention, Federal Jurisdiction section, Panel on Federal Jurisdiction and Separation of Powers, San Francisco, CA, January 1990 (speaker)

Symposium "Food Health Messages and Claims: Scientific Regulatory, and Legal Issues," sponsored by Tufts University, Boston, MA, March 1990 (speaker on product health claims and free speech)

Chicago Bar Association, Panel on Notice Pleading in Federal Court, April 1990

American Political Science Association Convention, Panel on Constitutional Prerogatives, San Francisco, CA, August 1990 (speaker on "The Role of the Federal Courts in American Political Theory")

Council for Responsible Nutrition Convention, Tucson, AZ, September 1990 (speaker on health claims and free speech)

Rutgers University Symposium on Personal Jurisdiction, Camden, NJ, November 1990 (speaker on personal jurisdiction and constitutional theory)

Lorene Sails Higgins Distinguished Visitor, Lewis & Clark Law School, Portland, OR, (Feb.-March, 1991)

Judge, Moot Court Finals, Vanderbilt Law School National Tournament, Nashville, TN, (March 1991)

Faculty Workshop, Vanderbilt Law School, Nashville, TN, (March 1991)

Tenth Circuit Court of Appeals Judicial Conference, Sedona, AZ, July 1991 (speaker on free speech and privacy)

National Conference on State-Federal Judicial Relations, co-sponsored by Federal Judicial Center & National Center for State Courts, Orlando, FL, April 1992 (featured academic speaker)

Federalist Society Conference, "The Congress: Representation, Accountability, and the Rule of Law," Washington, D.C., June 1992 (speaker)

Third Circuit Court of Appeals Judicial Conference, Baltimore, MD, March 1993 (speaker on constitutional federalism)

Outdoor Advertising Association Convention, Orlando, FL, April 1993 (speaker on First Amendment protection of commercial speech)

Outdoor Advertising Association Workshop for Attorneys, Washington, D.C., June 1993 (speaker on First Amendment protection of commercial speech)

Luncheon Speaker, International Association of Defense Counsel Conference, Chicago, October 1993 (speaker on First Amendment protection of commercial speech)

New York University School of Law Hays Civil Liberties Conference on "Speech and Equality," October 1993 (Panelist)

Meeting of the Judicial Branch Committee of the United States Judicial Conference, Santa Fe, N.M., June 1994 (speaker on judicial independence)

Fourth Circuit Judicial Conference, Greenbrier, W. Va., July 1994 (speaker on judicial independence)

Conference on "Jurisdiction and Choice of Law in the Twenty-First Century," New England Law School, Boston, MA, October 1994 (speaker on personal jurisdiction)

NYU Conference on Complex Litigation, April, 1995 (speaker on choice-of-law in mass tort litigation)

International Association of Defense Counsel Convention, San Francisco, CA, August, 1995 (speaker on procedural due process in mass tort litigation)

American Bar Association Convention, Section on Local Government Law, Chicago, IL, August, 1995 (speaker on free speech in the public forum)

Conference on The Regulatory Future of Functional Foods, sponsored by the University of Illinois and the Council for Responsible Nutrition, Chicago, IL, October, 1995 (speaker on First Amendment protection for health claims)

Federal Insurance Association of America Convention, Tucson, AZ (speaker on constitutionality of tort reform)

Illinois Defense Counsel Spring Seminar (speaker on constitutionality of Illinois tort reform)

Federalist Society Conference on Federalism Washington, D.C., November 1996 (speaker on constitutional federalism)

Conference on Federalism for the Twenty-First Century, Ohio Northern Law School, Columbus, Ohio, April 1997 (speaker on constitutional federalism)

Conference on "Tobacco: The Growing Controversy," Northern Kentucky Law School, April 1997 (speaker on commercial speech protection and the smoking controversy)

Midwest Federal Judges’ Conference, sponsored by the American Judicature Society, Oct. 1997, Oak Brook, IL (Moderator/questioner, panel on judicial independence)

Conference on Law and the Internet, Arizona State University School of Law, Tempe, AZ, November 1997 (speaker on jurisdiction and the Internet)

Conference on Non-Delegation Doctrine, Cardozo Law School, March 1998 (speaker)

Randall-Park Colloquium Speaker, University of Kentucky College of Law, March 1998

University of Indiana-Indianapolis School of Law, Institute on State Government, Conference on Federalism, April 1998 (speaker on judicial federalism)

University of San Diego Law School, Faculty Workshop (September 1998)

Northwestern University School of Law, Conference on Free Speech and Economic Power (speaker) (October 1998)

University of Southern California Law School, Conference on Judicial Independence and Accountability (speaker) (November 1998)