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)

