David Trubek, Voss-Bascom Professor of Law, University of Wisconsin-Madison

Curriculum Vitae
Education
University of Wisconsin 1953-57 B.A.; Yale Law School 1958-61 LL.B.

Note and Comment Editor, Yale Law Journal; Order of the Coif

Languages
Portuguese (fluent); French, Spanish

Professional Employment

  • 1964-66, Legal Advisor and Chief, Office of Housing and Urban Development - U.S.A.I.D Mission to Brazil, Rio de Janeiro
  • 1962-64, Attorney-Advisor, U.S. Department of State, Agency for International Development, Washington, D.C.
  • 1961-62, Law Clerk, Judge Charles E. Clark, U.S. Court of Appeals, 2nd Circuit

University Appointments

  • 2004-present, Senior Fellow, Center for World Affairs & the Global Economy
  • 2001-04, Director, Center for World Affairs & the Global Economy
  • 1998-04, Co-Director, European Union Center
  • 1995-01, Director, International Institute
  • 1990-01, Dean of International Studies, University of Wisconsin-Madison
  • 1986-87, Visiting Professor, Harvard Law School
  • 1985-90, Director, Institute for Legal Studies, University of Wisconsin Law School
  • 1984-present, Voss-Bascom Professor of Law
  • 1977-84 Associate Dean for Research, UW Law School
  • 1973-present, Professor of Law, University of Wisconsin
  • 1966-73, Associate Professor of Law, Yale Law School

Major Teaching Interests

Current: International Law; Social Theory and Law; European Social Policy, Transnational Regulation and Global Governance

Prior: Civil Procedure; The Legal Profession, Law and Development

Current and Recent Professional Activities

  • Co-Chair, Program Committee for the Joint International Sociolegal Studies Meeting (Berlin 2007)
  • Senior Fellow, Law and Society Program, University of California-Santa Barbara (2002-present)
  • Editorial Advisory Board, Law and Social Inquiry (1998-present)
  • Member, Academic Council, European Law Research Center, Harvard University (1991-present)
  • Chair, International Activities Committee, Law and Society Association (2003-present)
  • Co-Coordinator, International Institute, Research Circle on Governance (2003-present)
  • Co-Coordinator, International Institute, Labor and the Global Economy Research Circle (1997-04)
  • Board of Directors, Research Committee on the Sociology of Law, International Sociological Association (1997-2003)

Major Grants and Research Projects (Does not include grants to International Institute received as director).

  • Co-director, European Union Center (grant from the European Commission) (1998-present)
  • Principal Investigator, Ford Foundation, UW Crossing Borders project (1998-2002)
  • Principal Investigator for UW-Madison, Stanford/Minnesota/Wisconsin/MacArthur Foundation Consortium on International Peace and Cooperation (1992-2002)
  • Principal Investigator and Project Director, Civil Litigation Research Project, U.S. Department of Justice, (Contract awarded to University of Wisconsin) (1980-83)
  • European University Institute, Florence, Italy (grant for research on comparative aspects of federalism) (1980-82)
  • Director, Yale Program in Law and Modernization, (grant to Yale Law School from Agency for International Development) (1967-73)

Major Honors

  • Harry Kalven Prize, Law and Society Association (2002)
  • Chevalier dans l’Ordre des Palmes Academiques, French Ministry of Education (2001)

Other Professional Activities

  • 2003, Fulbright Senior Scholar, Riga Graduate School of Law, Riga, Latvia
  • 2002, Visiting Professor, International Institute for the Sociology of Law, Onati Spain
  • 2001-01, Co-chair, Law and Society Association Labor Rights Research Network
  • 1998-00, Editorial Advisory Board, Law and Society Review
  • 1998, Planning Committee, Annual American Society of International Law Meeting
  • 1992-95, Coordinator, Global Studies Program Research Circle on Legal Change
  • 1992-94, Consortium on Law, Globalization and Social Science (CONGLASS) (organized Consortium, served on Steering Committee, and Co-Chaired meeting in Onati, Spain, in 1994)
  • 1991, Member, Joint Planning Commission, 1991 US-European Legal Sociology Congress
  • 1989-90, Organizing Committee, Interuniversity Consortium on Poverty Law
  • 1988-90, Steering Committee, A.E. Havens Center for the Study of Social Structure and Social Change, UW-Madison
  • 1988-91, Trustee and Member of Executive Committee, Law and Society Association
  • 1987-93, Advisory Committee, Canadian Institute for Advanced Research, Law and Society Programme
  • 1987-92, Affiliated Scholar, American Bar Foundation Program on Professionalism, Ethics and Economic Change
  • 1987-88, Center for Public Resources, Council of Academic Advisors on ADR
  • 1985-90, Director, Institute for Legal Studies, UW Law School
  • 1980-87, Trustee, Inter-American Legal Services Association
  • 1978-84, Director, U.W. Disputes Processing Research Program

Consultancies

  • Sheffield University, Sheffield UK, Review of Law Department, (2004)
  • U.S. Department of State, Social rights and legal education in Brazil (2002)
  • Consultant to ARD/Checchi-USAID Rule of Law Project in Russia (1993-1994)
  • State Bar of Wisconsin, Lawyers' fees and medical malpractice litigation (1984)
  • U.S. Department of State, Human rights and legal development in Guinea- Bissau and Cape Verde (1982); Training for judges from Cape Verde (1983)
  • Inter-American Foundation, Legal services in Latin America (1982)
  • Wisconsin Legislative Council, Reform of landlord tenant law (1975)
  • Taconic Foundation, Exclusionary land use controls (1975)
  • United States Civil Rights Commission, Exclusionary land use controls (1971)
  • Ford Foundation, Reorganization of Brazilian legal education (1967); Research on urban problems in Brazil (1967); Alternative techniques of conflict resolution (1976); Public interest law and human rights in Latin America (1977-1980)
  • U.S. Department of State, Reorganization of U.S. Embassy in Rio (1967)

Visiting Scholar in Residence

  • Minda de Gunzberg Center for European Studies and Law School, Harvard University (2002-2003)
  • Law Department, London School of Economics (2002)
  • Robert Schuman Center, European University Institute, Florence, Italy (2000; 2001)
  • Maison des Sciences de l’Homme, Paris, France (1998)
  • University of Texas Law School (1985)
  • Fundaçno Joaquim Nabuco, Recife, Brazil (1985)
  • Cardozo Law School and New School for Social Research, New York (1984-85)
  • European University Institute, Florence, Italy (1982)
  • Commission of the European Community (1980)

Publications

  • Books

  • David M. Trubek and Alvaro Santos, eds, The New Law and Economic Development: A Critical Appraisal Cambridge University Press (2006)
  • Max Weber at the Millennium: Economy and Society for the 21st Century (co-editor with Charles Camic and Phil Gorski) Stanford University Press (2005)
  • Governing Work and Welfare in a New Economy: European and American Experiments (co-editor with Jonathan Zeitlin) Oxford University Press (2003)
  • Lawyers' Ideals and Lawyers' Practices (co-editor with Robert Nelson and Raymond Solomon) Cornell University Press (1992)
  • Critical Legal Thought: A German-American Debate (co-editor with Christian Joerges) Baden-Baden: Nomos (1989)
  • Consumer Law, Common Markets and Federalism (with Thierry Bourgognie) Berlin and New York; de Gruyter (1987)
  • O Mercado de Capitais e os Incentivos Fiscais (with Sa and Gouvea Viera) (TN-APEC, Rio de Janeiro, 1971)
  • Monographs, Major Reports, Edited Symposia

  • Co-Editor, "Special Issue on Law and New Approaches to Governance in Europe," European Law Journal, Volume 8, Issue 1 March 2002
  • Final Report of the Civil Litigation Research Project (3 vols.) (submitted to the U.S. Department of Justice, March 1983) (co-author)
  • Editor, "Special Issue on Civil Litigation and Dispute Processing," 15 Law & Society Review 389-920 (1980-81)
  • Critical Legal Thought: A German-American Debate (co-editor with Christian Joerges) Baden-Baden: Nomos (1989)
  • Law, Planning and the Development of the Brazilian Capital Market (N.Y.U. Institute of Finance Bulletin Nos. 71-72, 1971
  • Articles and Chapters of Books

  • "The Creative Role of the Judge: Restraint and Freedom in the Common Law Tradition," 71 Yale Law Journal 255-76 (1961) (with Charles E. Clark)
  • "Brazil: All Power to the Generals, " 49 Foreign Affairs 464-79 (1971) (with Henry J. Steiner)
  • "Max Weber on Law and the Rise of Capitalism," 1972 Wisconsin Law Review 720-53*
  • "Toward a Social Theory of Law: An Essay on the Study of Law and Development," 82 Yale Law Journal 1-50 (1972)
  • "Measuring the Invisible Wall: Land Use Controls and the Residential Patterns of the Poor," 82 Yale Law Journal 483-508 (1972) (with Benjamin Cohen and Eric Branfman)
  • "When is an Omelet, What is an Egg? Reflections on Human Rights and Development in Latin American," (1973) Proceedings of the American Society of International Law 483-508
  • "Scholars in Self-Estrangement: Reflections on the Crisis in Law and Development Studies in the United States," (1974) Wisconsin Law Review 1062-1102 (with Marc Galanter)
  • "Law and the Politics of Justice: Rethinking the Open Suburbs Movement," in Exclusionary Zoning Litigation (1977)
  • "Complexity and Contradiction in the Legal Order: Balbus and the Challenge of Critical Social Thought About Law," 11 Law & Society Review 529-69 (1977)
  • "Allocating the Burden of Environmental Uncertainty: The NRC Interprets NEPA's Substantive Mandate," (1977) Wisconsin Law Review 747-76
  • "Environmental Defense: Interest Group Advocacy in Complex Disputes," in Weisbrod, Handler and Komesar, Public Interest Law 151-217 (Univ. of Calif. Press, 1978)
  • "Unequal Protection: Thoughts on Legal Services, Social Welfare and Income Distribution in Latin America," 13 Texas International Law Review 243-62 (1978)
  • "Scholars in the Fun House: A Reply to Professor Seidman," 1 Research in Law and Sociology 31-40 (1978) (with Marc Galanter)
  • "Public Advocacy: Administrative Government and the Representation of Diffuse Interests," in Cappelletti and Garth, eds., Emerging Issues & Perspectives in the "Access to Justice Movement" 447-94 (1979)
  • "Market Discrimination Against the Poor and the Impact of Consumer Disclosure Laws: The Used Car Industry," 13 Law & Society Review 695-720 (1979) (with Kenneth McNeil, John R. Nevin and Richard E. Miller)
  • "Legal Services and the Administrative State: From Public Interest Law to Public Advocacy," (with Louise G. Trubek and Jonathan Becker) in E. Blankenburg, ed., Innovations in the Legal Services 131-160 (1980)
  • "Civic Justice Through Civil Justice: A New Approach to Public Interest Advocacy in the United States," (with Louise G. Trubek) Access to Justice and the Welfare State. Mauro Cappelletti, ed., 119-44 (1981)
  • "Comment on Francisco C. Weffort, 'A Cidadania dos Trabalhadores,'" in B. Lamounier et al., eds., Direito, Cidadania e Participacao (1981)
  • "Studying Courts in Context," 15 Law & Society Review 485-504 (1981)
  • "Afterword: The Construction and Denconstruction of a Disputes-Focused Approach," 15 Law & Society Review 727-47 (1981)
  • "Gerichte in ihrem Kontext--Der Konflinktansatz in der Forschung zur Ziviljustiz," in Blankenburg, Gottwald and Strempel, eds., Alternativen in der Ziviljustiz 329-339 (Bundesanzeiger 1982)
  • "Coordinating Consumer Law and Policy in the American Federal System," (with Louise G. Trubek and James E. Zorn) in Thierry Bourgoignie, ed., European Consumer Law 307-359 (1982)
  • "The Costs of Ordinary Litigation," (co-author) 31 U.C.L.A. Law Review 72-127 (1983)
  • "Where the Action Is: Critical Legal Studies and Empiricism," 36 Stanford Law Review 575-622 (1984)
  • "A Strategy for Legal Studies: Getting Bok to Work," 33 Journal of Legal Education 586-593 (1983)
  • "Economic, Social and Cultural Rights in the Third World: Human Rights Law and Human Needs Programs" in T. Meron, ed., International Protection of Human Rights 206-270 (Oxford University Press) (1984)
  • "Courts and Litigation Investment: Why Do the Federal Courts Take More?" (co-author) 9 Justice System Journal 7-22 (1984)
  • "Understanding the Costs of Litigation: The Case of the Hourly-Fee Lawyer" (co-author) 1984 American Bar Foundation Research Journal 559-604 (1984)
  • "The Impact of Fee Arrangement on Lawyer Effort," (co-author) 19 Law and Society Review 251-278 (1985)
  • "The Place of Law and Social Science in the Structure of Legal Education," 35 Journal of Legal Education 483-488 (1985)
  • "Les periods dans L'histoire recente de la theorie de l'acces a la justice: Le sujet de droit a la quete de son autonomie," 29 Annales de Vaucresson 45-6 (1988)
  • "Critical Empiricism in American Legal Studies: Paradox, Program or Pandora's Box?" 14-1 Law and Social Inquiry 3-52 (1989)
  • "The Handmaiden's Revenge: On Reading and Using the Newer Sociology of Civil Procedure," 51 Law & Contemporary Problems 111-134 (1989)
  • "Programmatic Thought and the Critique of the Social Disciplines" in M. Perry (ed.), Critique and Construction (Cambridge: Cambridge U. Press 1990)
  • "Back to the Future: The Short and Happy Life of the Law and Society Movement," 18 Florida State University Law Review 1-55 (1990)
  • “From ‘Scientism Without Determinism’ to ‘Interpretation Without Politics’: A Reply to Sarat, Harrington and Yngvesson” (co-author) 15-1 Law and Social Inquiry 171- 180 (1990)
  • “Critical Moments in Access to Justice Theory: The Quest for the Empowered Self” in Allan C. Hutchinson (ed.), Access to Justice 107-128 (1990)
  • "Protectionism and Development: Time for A New Dialogue?", Vol. 25, No. 2, Journal of International Law and Politics 345-366 (1993)
  • "Global Restructuring and the Law: Studies of the Internationalization of Legal Fields and the Creation of Transnational Arenas," (co-author) Vol. 44, No. 2, Case Western Reserve Law Review 407-498 (1994)
  • “Law and Development: Then and Now”, Proceedings of the 90th Meeting of the American Society of International Law, 90 ASIL Proc. (1996)
  • “The Future of International Studies” in Proud Traditions and Future Challenges-The University of Wisconsin-Madison Celebrates 150 Years (Office of University Publications - University of Wisconsin 1999)
  • “Transnationalism in the Regulation of Labor Relations: International Regimes and Transnational Advocacy Networks” (with Jim Mosher and Jeffrey S. Rothstein) Law and Social Inquiry (1999)
  • “Law and Development” in N. J. Smelser and Paul B. Baltes (editors) 2001 International Encyclopedia of the Social & Behavioral Sciences. Pergamon, Oxford. p. 8443
  • “The Transatlantic Labor Dialogue: Minimal Action in a Weak Structure” in M. Pollack and G. Shaffer, eds. Transatlantic Governance in a Global Economy (Rowman & Littlefield 2001)
  • “Mind the Gap: Law and New Approaches to Governance in Europe (with Joanne Scott) 8 European Law Journal 1 (2002)
  • "Knowledge, Law and Democracy. A Comment on Christian Joerges' 'The Law in the Process of Constitutionalizing Europe' " in E. Eriksen, J. Fossum, A. Menéndez, eds., Constitution Making and Democratic Legitimacy ( Arena 2002)
  • “New Governance, EU Social Policy, and the European Social Model” (with Jim Mosher) in J. Zeitlin and D. Trubek, eds, Governing Work and Welfare in a New Economy: European and American Experiments (Oxford 2003)
  • “EU Social Policy and the European Employment Strategy”, 41 Journal of Common Market Studies 63 (2003) (with Jim Mosher)
  • "Cracking the 'Red, White, and Blue' Ceiling: Towards a New International Role for the Law and Society Association", Vol. 37, No. 2, Law & Society Review 205-303 (2003)
  • “The Rule of Law in Development Assistance: Past, Present and Future”, in M. Bauerle et.al, eds, Haben wir wirklich Recht? (Nomos, 2004)
  • “Hard and Soft Law in the Construction of Social Europe: The Open Method of Coordination” (with L. Trubek) European Law Journal (2005)
  • "Hard and Soft Law in European Integration" (with P. Cottrell & M.Nance) in J. Scott & G. de Burca eds., New Governance and Constitutionalism (Hart 2005)
  • "Trade Law, Labor, and Global Inequality" (with L. Compa), in P. Carrington & T. Jones eds. Law and Class in America (NYU Press, 2006)
  • "The 'Rule of Law' in Development Assistance," in David M. Trubek and Alvaro Santos, eds. The New Law and Economic Development: A Critical Appraisal, Cambridge University Press (2006)
  • Book Reviews and Review Essays

  • Schwartz, Sovereignty and Society in Colonial Brazil, in 19 American Jounral of Legal History 89-94 (1975)
  • Council for Public Interest Law, Balancing the Scales of Justice, 1977 Wisconsin Law Review 303-315
  • M. Weber, Max Weber, A Biography, in American Journal of Sociology, 84-4, 1005-1008
  • Lindblom, Politics and Markets, in The Nation, (August 1978)
  • Abel, ed., The Politics of Informal Justice and Auerbach, Justice Wiithout Law in 82 Michigan Law Review 824-835 (1984)
  • Kronman, Max Weber, in 37 Stanford Law Review 919-936 (1985)
  • "Max Weber's Tragic Modernism and the Study of Law in Society" 20 Law and Society Review 573-598 (1986)
  • Roberto Unger, Politics in "Review Essay: Radical Theory and Programmatic Thought," 95 American Journal of Sociology 44 (1989)
  • Cruz, Potobsky, Swepston, International Labor Organization: The International Standards System and Basic Human Rights and Compa, Diamond, Human Rights, Labor Rights, and International Trade: Law and Policy Perspectives in 91 American Journal of International Law 398 (1994)
  • Joseph Nye and John Donahue, eds. Governance in a Globalizing World 96 American Journal of International Law 748 (2003)
  • "The Emergence of Transnational Labor Law" American Journal of International Law 100 (2006)

Working Papers and Research Reports

  • “Theories of Development as Barriers to Implementing Human Rights in the Third World: The Latin American Case" (1974)
  • "Selected Issues in Landlord-Tenant Reform" A Preliminary Study of Some Effects of Adoption of the Uniform Residential Landlord and Tenant Act in Wisconsin," Wisconsin Legislative Council Staff Paper RB-75-1 (May 1974)
  • "Towards Fairer and More Responsive Administration: A Study of the Need for Publicly Supported Advocacy and Review in Administrative Proceedings in Wisconsin," Center for Public Representation Research Report (1975)
  • "Law, Access and the Administration of Distribution," University of Wisconsin Center for Law and Behavioral Science Working Paper No. 18 (April 1976)
  • "An Investigation of the Retail Used Motor Vehicle Market: An Evaluation of Disclosure and Regulation," Center for Public Representation Research Report (1977) (with J. Nevin)
  • "Beyond Public Interest Law: Government Financing for Participation in the Administrative Process," paper presented at the OECD Conference on Innovations in the Public Services, Berlin, (June 12, 1978) (with L. Trubek and J. Becker)
  • "Economic Theories of Regulation: Another Look," paper presented at the American Economic Association, Chicago (August 30, 1978)
  • "Market Discrimination Against the Poor and the Impact of Consumer Disclosure Laws: The Used Car Industry," University of Wisconsin Institute for Research on Poverty Discussion Paper 486-78 (1978) (with McNeil, et al.)
  • "Consumer Voice in Federal Agenices," Center for Public Representation Research Report (April 1980) (with Louise Trubek and Paul Kent)
  • "Costs, Processes and Outcomes: Lawyers' Attitudes to Courts and Other Dispute Processing Options" (co-author), University of Wisconsin Disputes Processing Research Program Working Paper 1984-4
  • "Law and Development: What We Know and Do Not Know," paper presented at the Sino-American Conference on Economic Law, Hawaii, June 1989 and the Polish -American Conference on Rights, Legality and Redemocratization, Warsaw (February 1990)
  • “Law and Development: Then and Now” paper presented at the American Society of International Law 90th Annual Meeting, Washington, D.C. (March 28, 1996)
  • “Social Justice ‘After’ Globalization: The Case of Social Europe,” paper presented at European University Institute, Italy (November 1996), [University of Wisconsin Global Studies Program Working Paper (December 1996)]
  • “Law Adrift in an Economy Let Loose: The Legal Imagination in the Struggle for Governance of a Post-National World” presented at Maison des Sciences de l’Homme, Paris France (May 1997)
  • “Transnational Regimes and Advocacy in Industrial Relations: A ’Cure’ For Globalization?”, presented at the Conference on Conflicts and Rights in Transnational Society, Courmayeur Mont Blanc, Italy, [University of Wisconsin Global Studies Program Working Paper (September 1998)]
  • “Social Rights in a Global Economy”, paper presented at the Conference on Social Rights, Porto Alegre, Brazil 2002 "The European Employment Strategy and the Future of EU Governance: An Opportunity for the Baltics and a Challenge for Lawyers", Riga Graduate School of Law Working Papers No. 10, 2003
  • “Hard and Soft Law in the Construction of Social Europe: The Role of the Open Method of Coordination” UW-Madison Governance Project Working Paper (with Louise Trubek) (December 2003)
  • "New Governance and Legal Regulation: Complementarity, Rivalry or Transformation," prepared for presentation at the conference on “Law in New Governance” at University College, London, May 26-27, 2006.
  • Other

  • "Will State Courts and Legislatures Eliminate Exclusionary Land Use Controls?" Statement, Hearing of the United States Commission on Civil Rights, Washington, D.C. (June 14-17, 1971) 828-885.
  • "Law and Development: The Future of Law and Development Research (Int. Legal Center and the Scandinavian Institute of African Studies; Uppsala, 1974) - report of the International Legal Center Research Advisory Committee (chair and principal draftsperson)
  • "A Different Education for a Changing Profession: The Future of the UW Law School" (report of the Committee on the Future of the Law School) (1988)
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