DAVID MARCUS University of Arizona Rogers College of Law 1201 E. Speedway Blvd. Tucson, AZ 85721 dmarcus@email.arizona.edu (520) 626-3915 Academic Appointments University of Arizona, James E. Rogers College of Law, Tucson, AZ Professor of Law, 2012-present Associate Professor of Law, 2006-2012 n Teaching and research subjects include civil procedure, administrative law, federal courts, complex litigation, and legal history. n Selected as an 1885 Society Distinguished Scholar (university-wide award given to midcareer faculty for outstanding scholarship, teaching, and service) (2015). n Elected Professor of the Year by the Student Body (2009, 2012, and 2017). n Bell Award for Faculty Service (2012 & 2017). Yale Law School, New Haven, CT (2012-2013) Maurice R. Greenberg Visiting Professor of Law n Elected Professor of the Year by the Student Body. (with Tom Mauet) PRETRIAL (9th ed. 2015) Publications: Book, Articles and Studies A History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994, 86 FORDHAM L. REV. (forthcoming 2018) The Short Life and Long Afterlife of the Mass Tort Class Action, 165 PENN. L. REV. (forthcoming 2017) (with Jonah Gelbach) A Study of Social Security Disability Litigation in the Federal Courts (Summer 2016) (supported by a $67,000 grant from the Administrative Conference of the United States) n Resulted in a Recommendation from the Administrative Conference of the United States, 81 Fed. Reg. 94,312 (Dec. 23, 2016) The Public Interest Class Action, 104 GEO. L.J. 777 (2016) (reviewed June 2016 on jotwell.org) Trans-Substantivity and the Processes of American Law, 2013 B.Y.U. L. REV. 1191 (reviewed May 2014 on jotwell.org) A History of the Modern Class Action, Part I: Sturm und drang, 1953-1980, 90 WASH. U. L. REV. 587 (2013) 1
Institutions and an Interpretive Methodology for the Federal Rules of Civil Procedure, 2011 UTAH L. REV. 927 (accepted for presentation at the 2011 Stanford/Yale Junior Faculty Forum; reviewed April 2012 on jotwell.org) Flawed but Noble: Desegregation Litigation and its Implications for the Modern Class Action, 63 FLA. L. REV. 657 (2011) The Federal Rules of Civil Procedure and Legal Realism as a Jurisprudence of Law Reform, 44 GA. L. REV. 433 (2010) Some Realism About Mass Torts, 75 U. CHI. L. REV. 1949 (2008) (review essay) The Perils of Contract Procedure: A Revised History of Forum Selection Clauses in the Federal Courts, 82 TUL. L. REV. 973 (2008) The Erie Doctrine, the Class Action Fairness Act, and Some Federalism Implications of Diversity Jurisdiction, 48 WM. &MARY L. REV. 1247 (2007) The Normative Development of Economic, Social and Cultural Rights Through Adjudication in Supranational Tribunals, 42 STAN. J. INT L L. (2006) Famine Crimes in International Law, 97 AM. J. INT L L. 245 (2003) (peer-reviewed) Publications: Symposia Contributions and Shorter Works (with Jonah Gelbach) Social Security Disability Litigation in the Federal Courts, JUDICATURE (forthcoming 2017) Two Models of the Civil Litigant, 64 DEPAUL L. REV. 537 (2015) (Clifford Symposium, topic: Judge Jack Weinstein s Impact on Civil Justice in America) Finding the Civil Trial s Democratic Future After its Demise, 15 NEVADA L.J. 1523 (2015) (Festschrift in honor of Prof. Stephen Subrin) From Cases to Litigation to Contract : A Comment on Procedural Durability, 56 ST. LOUIS U.L.J. 1231 (2012) (Childress Lecture Symposium, topic: Aggregate Processing) The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure, 59 DEPAUL L. REV. 371 (2010) (Clifford Symposium, topic: Rising Stars: A New Generation of Scholars Looks at Civil Justice) Attorneys Fees and the Social Legitimacy of Class Actions, 159 U. PA. L. REV. PENNUMBRA 155 (2011) Making Adequacy More Adequate, 88 TEX. L. REV. SEE ALSO 137 (2010) 2
Presentations Presenter, The History of the Modern Class Action, Part II, Complex Litigation Seminar, University of Pennsylvania Law School, Philadelphia, PA (February 2017) Presenter, Social Security Disability Litigation in the Federal Courts, Administrative Conference of the United States, Plenary Session, Washington, D.C. (December 2016) Presenter, The Short Life and Long Afterlife of the Mass Tort Class Action, Conference to Commemorate the 50 th Anniversary of Rule 23, University of Pennsylvania Law School, Philadelphia, PA (November 2016) Presenter, The History of the Modern Class Action, Part II, American Society for Legal History Annual Conference, Toronto, Ontario (October 2016) Conference Organizer and Commentator, Civil Procedure Workshop, Seattle, WA (July 2015) Presenter, The Public Interest Class Action, Faculty Workshop, Stanford Law School, Palo Alto, CA (July 2015) Presenter, The Public Interest Class Action, Faculty Workshop, Brooklyn Law School, Brooklyn, N.Y. (Feb. 2015) Presenter, The Public Interest Class Action, Faculty Workshop, University of Texas School of Law, Austin, TX (Jan. 2015) Presenter, The Public Interest Class Action, Complex Litigation Seminar, University of Pennsylvania Law School, Philadelphia, PA (Nov. 2014) Presenter, The Public Interest Class Action, Faculty Workshop, U.C. Hastings College of Law, San Francisco, CA (Sept. 2014) Presenter, Two Models of the Civil Litigant, Clifford Symposium, DePaul Law School, Chicago, IL (April 2014) Presenter, Finding the Civil Trial s Democratic Future After Its Demise, Festschrift in Honor of Prof. Stephen Subrin, Northeastern Law School, Boston, MA (April 2014) Presenter, Finding the Civil Trial s Democratic Future After Its Demise, Faculty Workshop, University of Arizona Rogers College of Law, Tucson, AZ (Mar. 2014) Commentator, Conference to Commemorate the 75 th Anniversary of the Federal Rules of Civil Procedure, University of Pennsylvania Law School, Philadelphia, PA (Nov. 2013) (Sept. 2013) 3
Presenter, Trans-Substantivity and the Processes of American Law, Faculty Workshop, Yale Law School, New Haven, CT (Feb. 2013) Presenter, Trans-Substantivity and the Processes of American Law, Faculty Workshop, Denver University Sturm College of Law, Denver, CO (Jan. 2013) Presenter, Trans-Substantivity and the Processes of American Law, Faculty Workshop, University of California-Davis School of Law, Davis, CA (Jan. 2013) Presenter, Trans-Substantivity and the Processes of American Law, Faculty Workshop, University of Arizona Rogers College of Law, Tucson, AZ (Jan. 2013) Presenter, A History of the Modern Class Action, Part I, Complex Litigation Seminar, University of Pennsylvania Law School, Philadelphia, PA (Oct. 2012) Presenter, A History of the Class Action System, Institute for Law and Economic Policy Conference, San Juan, PR (April 2012) Presenter, From Cases to Litigation to Contract : A Comment on Procedural Legitimacy, Childress Lecture Symposium, St. Louis University Law School, St. Louis, MO (Nov. 2011) Faculty Workshop, St. Louis University Law School, St. Louis, MO (Nov. 2011) (Sept. 2011) Stanford/Yale Junior Faculty Forum, Stanford Law School, Palo Alto, CA (June 2011) Southwest Junior Scholars Conference, Arizona State University O Connor School of Law, Tempe, AZ (Mar. 2011) Faculty Workshop, University of New Mexico School of Law, Albuquerque, NM (Mar. 2011) Moderator, The U.S. Courts of Appeals and New Media, Rehnquist Center Conference, Phoenix, AZ (Mar. 2011) Action, Complex Litigation Seminar, University of Pennsylvania Law School, Philadelphia, PA (Oct. 2010) (Sept. 2010) 4
Panelist, The Return of Pleading: Twombly and Iqbal in Federal and State Courts, Association of American Law Schools Workshop on Civil Procedure, New York, NY (June 2010) Action, Faculty Workshop, Florida State University Law School, Tallahassee, FL (April 2010) Presenter, The Federal Rules of Civil Procedure and Legal Realism as a Jurisprudence of Law Reform, American Society for Legal History Annual Conference, Dallas, TX (Nov. 2009) Action, Faculty Workshop, Cardozo Law School, New York, NY (Oct. 2009) (Sept. 2009) Action, Rocky Mountain Junior Scholars Conference, Brigham Young University Law School, Provo, UT (Sept. 2009) Panelist, The Disappearing Jury, State Bar of Arizona Annual Convention, Phoenix, AZ (June 2009) Panelist, Rising Stars: A New Generation of Scholars Looks at Civil Justice, Clifford Symposium, DePaul Law School, Chicago, IL (April 2009) Panelist, Judicial Conference for the Federal District of Arizona, Tucson, AZ (Mar. 2009) Presenter, The Federal Rules of Civil Procedure and Legal Realism as a Jurisprudence of Law Reform, Faculty Workshop, U.C. Davis Law School, Davis, CA (Nov. 2008) (Sept. 2008) Presenter, The Perils of Privatization: A Revised History of Forum Selection Clauses in the Federal Courts, Second Annual Dispute Resolution Conference, Marquette University Law School, Milwaukee, WI (Oct. 2009) Panelist, Famine and Genocide, Lecture, Woodrow Wilson International Center for Scholars, Washington, D.C. (Nov. 2003) College of Law Service College of Law Curriculum Committee (2008-2009, 2011-2012 (chair)) Appointments Committee (2006-2007, 2008-2009, 2013-2014 (chair), 2014-2015 (chair), 2016-2017 (chair)) Strategic Planning Committee (2009-2010, 2016-2017 (chair)) Clerkships Committee (2009-2010, 2010-2011, 2011-2012, 2014-2015) Undergraduate Committee (2013-2014) Admissions Committee (2015-2016) 5
Education Yale Law School New Haven, CT J.D., May 2002 University of Cambridge Cambridge, UK Harvard-Cambridge Scholar, 1998-99 Harvard University Cambridge, MA B.A., Social Studies, magna cum laude, June 1998 Other Professional Experience Hon. William Fletcher, Ninth Circuit Court of Appeals San Francisco, CA 2005-06 Judicial Law Clerk Stanford Law School Stanford, CA Spring Semester 2005 Lecturer and Legal Writing Instructor Lieff, Cabraser, Heimann & Bernstein, LLP San Francisco, CA 2003-05 Associate Hon. Allyne R. Ross, Eastern District of New York Brooklyn, NY 2002-03 Judicial Law Clerk California, 2004 New York, 2003 Bar Admissions 6