David B. Spence

Curriculum Vitae

Mail: B6500, CBA 5.202, Austin, TX, 78712 Ph: 512/471-0778 FAX: 512/471-0587 Email: David.Spence@mccombs.utexas.edu Web: www.mccombs.utexas.edu/faculty/David.Spence

Associate Professor Law, Politics & Regulation McCombs School of Business University of Texas at Austin

Employment

1997- : Associate Professor, Law and Regulation (2002), Assistant Professor (1997-2001), McCombs School of Business, University of Texas, Austin, TX .

Spring 2007:  Visiting Professor of Law, Harvard Law School, Cambridge, MA

Fall 2001: Visiting Assistant Professor of Law, Cornell University Law School, Ithaca, NY.

Fall 1999: Visiting Assistant Professor of Law, Vanderbilt University Law School, Nashville, TN.

1995-97: Visiting Assistant Professor/Instructor, Resource Economics and Policy Graduate Program, Nicholas School of the Environment, Duke University, Durham, NC.

1984-91: Attorney (environmental and energy regulatory law), Nixon Hargrave Devans & Doyle (now Nixon Peabody), Rochester, NY and Washington, DC.

1982-83 Energy Policy and Finance Analyst, North Carolina Dept. of Administration, Raleigh, NC., and North Carolina Alternative Energy Corp., Research Triangle Park, NC.

Education

Ph.D (1997) , M.A. (1993), Duke University Dept. of Political Science, Durham, NC (Certificate in Political Economy)

J.D. (1984), University of North Carolina School of Law, Chapel Hill, NC

B.A. (1980), Magna Cum Laude, Gettysburg College, Gettysburg, PA Phi Beta Kappa, Pi Lambda Sigma, Phi Alpha Theta

Research/Publications

Books

Co-author, Energy, Economics and the Environment, Foundation Press (law casebook series), 2d Edition (2006).

Edited Volumes/Book Chapters

Regulatory Federalism, in The Prospect of Electricity Restructuring: The Texas Model (with Darren Bush), forthcoming 2008.

Using Law to Steer Administrative Agencies, in The Economics of Administrative Law (Rose-Ackerman, Ed., 2008).

The Shadow of the Rational Polluter. (reprinted from California Law Review), Land Use and Environment Law Review (year in review issue, 2002).

The New Political Economy of Regulation: Looking for Positive-Sum Change in a Zero-SumWorld. (with Lekha Gopalakrishnan), in Environmental Contracts:  Comparative Approaches to Regulatory Innovation in the United States and Europe (Orts and Deketelaere, eds., 2001)(Kluwer Academic Publishers).

The Benefits of Agency Policymaking: Perspectives from Positive Theory, in Politics, Policy, and Organizations: Frontiers in the Scientific Study of Bureaucracy (Krause, George A., and Kenneth J. Meier, eds. N.d). Ann Arbor, MI: University of Michigan Press, 2003.

Academic Journal Articles

Can Law Manage Competitive Energy Markets?, Cornell Law Review (forthcoming 2008)

Sarbanes-Oxley as Quack Corporate Governance:  How Wise is the Received Wisdom (with Robert Prentice), Georgetown Law Journal (forthcoming 2007).

Coal-Fired Power in a Restructured Electricity Market, Duke Environmental Law & Policy Forum.  15:187-220 (2005).

The Politics of Electricity Restructuring: Theory vs. Practice, Wake Forest Law Review. 40:417-49 (2005).

A Fair Weather Federalism on the High Court, Harvard Environmental Law Review 27:71-105(2003).

The Never Ending Story: The Constitutionality of Superfund.s Retroactive Liability Regime, Environmental Law Reporter. 32:11284-98 (2002).

A Public Choice Progressivism, Continued, Cornell Law Review. 87:397-448 (2002).

The Shadow of the Rational Polluter, California Law Review. 89:917-98 ( 2001).

Can the Second Generation Learn from the First? Understanding the Politics of Regulatory Reform, Capital University Law Review. 29:205-22 (2001).

A Public Choice Case for the Administrative State, Georgetown Law Journal. 89:97-142 (2000)(with Frank Cross).

Bargaining Theory and Regulatory Reform: The Political Logic of Inefficient Regulation, Vanderbilt Law Review. 53:1-58 (2000)(with Lekha Gopalakrishnan).

The Law, Economics and Politics of Federal Preemption Jurisprudence, California Law Review. 87:1125-1206 (1999) (with Paula Murray).

Managing Delegation Ex Ante: Using Law to Steer Administrative Agencies," Journal of Legal Studies. 28:413-59 (1999).

Agency Discretion and the Dynamics of Procedural Reform, Public Administration Review.  59: 425-42 (1999).

Imposing Individual Liability as a Legislative Policy Choice: Holmesian ’Intuitions’ and Superfund Reform, Northwestern University Law Review. 93:389-452 (1999).

Administrative Law and Agency Policymaking: Rethinking the Positive Theory of Political Control, Yale Journal on Regulation. 14:407-50 (1997).

Modeling Away the Delegation Problem, Journal of Public Administration Research and Theory. 7:199-219 (1997).

The Electoral Connection in the Early Congress, American Journal of Political Science. (with W. Bianco and J. Wilkerson). 40: 145-71 (1996).

Paradox Lost: Logic, Morality and the Foundations of Environmental Regulation, Columbia Journal of Environmental Law. 20: 145-82 (1995).

Book Reviews

Book Review, Bosselman et al., Energy, Economics and the Environment (Foundation Press 2000), in Energy Law Journal, 22:127-32 (2001).

Book Review, Probst et. al, Footing the Bill for Superfund Cleanups (Brookings/RFF, 1995), and Revesz and Stewart (eds.), Analyzing Superfund:  Economics, Science and Law (RFF, 1995), in Journal of Policy Analysis and Management, Vol. 15, No. 3 (1996).

Research Awards/Recognition

• Winner, 2001-02 University of Texas at Austin, CBA Foundation Research Excellence Award for Assistant Professors.
• Article (The Shadow of the Rational Polluter. California Law Review. 89:917-98) named one of top 10 articles in the field of land use and the environment, 2001, by Land Use and Environment Law Review.
• Article (Imposing Individual Liability as a Legislative Policy Choice: Holmesian ’Intuitions’ and Superfund Reform." Northwestern  University Law Review. 93:389-452) named one of the top 30 articles in the field of land use and the environment, 1998-99, by Land Use and Environment Law Review.

Teaching

Teaching Interests:

• Business-Government Relations
• Environmental Law
• Energy Regulation
• Administrative Law
• Law and Economics
• Public Choice and Public Law
• Legislation

Teaching Experience

University of Texas McCombs School of Business (1997-present):

Business, Government & Public Policy

Energy Law

Environmental Law

Business Law

Executive Education: El Instituto Tecnológico y de Estudios Superiores de Monterrey, Mexico City, Spring 2001-2007.

Executive Education: Shell Project Academy, Managing External Stakeholder Relationships, 2006-present.

Executive Education: Petrobras, and Construction Industry Institute, Managing External Stakeholder Relationships, 2007.

Summer Program in Business Law, Edinburgh University, Edinburgh, Scotland, Summer  2002-present.

Harvard Law School (Spring 2007)

Energy Law

Environmental Enforcement (seminar)

Cornell University Law School (Fall 2001)

Administrative Law

Environmental Law

Vanderbilt University Law School (Fall 1999)

Advanced Environmental Law (seminar)

Environmental Law

Duke University Nicholas School of the Environment (1995-1997)

Environmental Policy

Constitutional Limits of Environmental Regulation

Hazardous Waste Policy

Environmental Policy and the Courts

Short Courses

Energy Restructuring, E.ON Finance Academy, Dusseldorf, Germany

European Environmental Law, IMADEC University, July 2004

Energy Regulation and Renewable Energy Regulation, Bren School of the Environment, University of California at Santa Barbara, annually, 2005-present.

Recognition/Awards

McCombs School MBA Teaching Honor Roll, 2002, 2003.

CIBER Award for best “internationalized” course, Energy Law

Other Professional Activities

Professional/Op-Ed Publications

Op-Ed: .Two White Houses; Two Energy Policies. Fort Worth Star-Telegram (April 20, 2002).

Op-Ed: .Real or fictional, can’t ignore ‘ideological middle’. Houston Chronicle (April 8, 2002).

Op-Ed: .Two White Houses; Two Energy Policies. Dallas Morning News (April 7, 2002).

Contributor, Guide to Sustainable Development and Environmental Policy, Duke University Press (2001).

Op-Ed: Will Bush Heed Jeffords. Warning on Green Policies? San Francisco Chronicle (June 7, 2001).

Op-Ed: .The Jeffords Effect on the Environment. Austin American Statesman (June 2, 2001).

Op-Ed: Will Bush Use Jeffords as Gauge for Energy Plan? Houston Chronicle (May 29, 2001).

Op-Ed: Little Room for Gray When Talking Green. Houston Chronicle (May 4, 2001).

Op-Ed: .Bush Must Aim for the Environmental Center. Dallas Morning News (March 12, 2001).

Using the Internet in Environmental Law Instruction, Business and Environment (Newsletter of the Section on Business and the Environment), Academy of Legal Studies in Business (1998).

Contributing Editor, New York Environmental Law Handbook. Government Institutes, 1990.

SARA Title III: Pitfalls and Practicalities, Journal of the Air Pollution Control Association. 39: 29-33 (1989) (with M. Levin).

New SEQR Regulations: Fine-tuning the Process, Westchester Bar Journal. 14:373-86 (1987).

Academic Conference Participation

Invited Paper Presentations

Coal-Fired Electric Generation and Restructuring, Cummings Colloquium on Environmental Policy, Duke University Law School, November, 2004.

The Rational Polluter Revisited.. Presented at (a) Duke University Law School, November 2003,(b) the Bren School of the Environment, University of California at Santa Barbara, October 2003, and (c) the University of Houston Law Center, January, 2003.

A Public Choice Progressivism, Continued. Symposium: "Getting Beyond Cynicism: Perspectives on Administrative Law,. Cornell Law School, Ithaca, NY, March 9-10, 2001; Law and Economics Colloquium, Cornell Law School, November 29, 2001.

A Public Choice Case for the Administrative State. University of San Diego Law School, Law and Economics Colloquium, October 26, 2000.

Can the Second Generation Learn From the First?: Confrontation and Cooperation in Environmental Regulation," Symposium on the Second Generation of Environmental Policy and Law, Capital University Law School, Columbus, OH, April 14, 2000.

The Benefits of Agency Policymaking: Perspectives from Positive Theory. Presented at the Fifth National Public Management Conference, Texas A&M University, College Station, TX, December 3-4, 1999.

The New Political Economy of Regulation: Looking for Positive-Sum Change in a Zero-Sum World. Presented at the Wharton Impact Conference on Environmental Contracting, University of Pennsylvania, Philadelphia, PA, September 20-21, 1999.

Accepted Conference Papers

Politics vs. Law in Regulatory Permitting. Midwest Political Science Association Annual Meeting, Chicago, IL, April 2004.

Voluntary Agreements and Environmental Regulation: Barriers to Success in the United States. (with Lekha Gopalakrishnan). Presented at the Conference on The Integration of Voluntary Approaches into Existing Legal Systems, Brussels, Belgium, February 24-25, 2000.

Federal Preemption of State Police Power Regulation: Politics and Principles (co-author Paula Murray). Presented at the 1998 Annual Meeting of the Academy of Legal Studies in Business, San Diego, CA, August 19-22, 1998.

Imposing Liability as a Policy Choice: Holmesian ’Intuitions’ and Superfund Reform. Presented at the 1998 Hurst Seminar, Gainesville, FL, February 19-21, 1998.

Superfund Liability Reform: Why This Issue Won’t Just Go Away. Prepared for presentation at the November, 1997 meetings of the Association for Public Policy and Management, Washington, DC.

Administrative Procedures and Agency Discretion: The Limits of Political Control. Presented at the 1996 fall meetings of the Association for Public Policy and Management, Pittsburgh, PA.

Testing the Procedural Control Hypothesis: FERC, Hydropower and the Environment. Presented at the August, 1996 meetings of the American Political Science Association, San Francisco, CA and the April, 1996 meetings of the Midwest Political Science Association, Chicago, IL.

Inter-governmental Conflict in Environmental Law: Federal Preemption of State and Local Environmental Regulation. Presented at the November, 1995 meetings of the Association for Public Policy and Management, Washington, DC.

Federalism and Environmental Regulation." Presented at the October, 1994 meetings of the Association for Public Policy and Management, Washington, DC.

Agency Policymaking, Rationality and the Limits of Political Control. Presented at the April, 1994 meetings of the Midwest Political Science Association, Chicago, IL.

Other Conference Participation

Presentation, Competition in Electricity Markets, 2d Annual Texas Journal of Oil, Gas, and Energy Law CLE Symposium, February 17, 2007, University of Texas School of Law

Presentation, Siting LNG Facilities: Politics vs. Law, Fourth Annual New Era Conference, Houston, TX, May 8, 2006.

Panel Participant, Legal Challenges Surrounding LNG, 1st Annual Texas Journal of Oil, Gas, and Energy Law CLE Symposium, January 26-27, 2006, University of Texas School of Law.

Panel Participant, Administrative Law and Political Control,. Joint Program of the Sections on Legislation and Administrative Law, Association of American Law Schools Annual Meeting, Atlanta, GA, January 2004.

Panel Participant, Legal Scholarship on Trial: Alice’s Adventures in Publications Wonderland.  Plenary Session, Association of American Law Schools Annual Meeting, New Orleans, LA, January 4, 2002.

Panel Participant, Deregulation.. 2001 Energy Finance Conference. University of Texas at Austin, February 22-23, 2001, Austin, TX.

Panel Participant, Dinosaur or Phoenix? Choosing Between Old Fashioned Regulation and Second Generation. Strategies in the New Millennium.. Joint Program of Sections on Administrative Law and Environmental Law, Association of American Law Schools Annual Meeting, San Francisco, CA, January 5, 2001.

Panel Moderator, "Environmental Regulatory Reform." Annual Meeting of the Association for Public Policy and Management, Washington, DC, November, 1999.

Panel Participant, "Fifteen Years of Congressional Dominance." Annual Meeting of the American Political Science Association, Atlanta, GA, September, 1999.

Panel Discussant, "Comparative Environmental Policy." Annual Meetings of the Association for Public Policy Analysis and Management, New York, NY, October, 1998.

Panel Participant, "Roundtable Discussion on Environmental Law Research." Annual meetings of the Academy of Legal Studies in Business, Atlanta, GA, August, 1997.

Panel Moderator, Urban Development: How Can We Develop Sustainably?. Development and the Environment in the United States. Durham, NC. April 4, 1997.

Panel Discussant, Should Public Values Guide Risk Policy?. Risk in the Republic:

Comparative Risk Analysis and Public Policy. Duke University School of Law. Durham, NC. November 15-16, 1996.

Panel Moderator, Prospects for Risk Reform.. Duke University. Durham, NC. March 29, 1996.

Professional Memberships

• New York State Bar

• American Bar Association

• Section on Natural Resources, Energy and Environmental Law

• Committee on Environmental Crimes

• Committee on Second Generation Issues

• Section on Administrative Law and Regulation

• American Law and Economics Association

• American Political Science Association

• Section on Public Policy

• Section on Law and Courts

• Section on Administration and Politics

• Midwest Political Science Association

• Board of Directors, Washington Campus, Washington, DC 2007-present

• Board of Directors, North Austin Soccer Association, 2002-06

• Board of Directors, Northwest Austin Youth Basketball Association, 2004-07

• Board of Directors, Genessee Land Trust, Rochester, NY 1990-91

• Board of Directors, Flower City Habitat for Humanity, Rochester, NY 1990-91

Editorial Services

Referee, peer-reviewed journals:

Journal of Law, Economics & Organization 

American Journal of Political Science 

Journal of Legal Education 

Journal of Public Finance 

Journal of Public Administration Research and Theory 

Western Political Science Quarterly

Journal of Legal Studies Education

American Business Law Journal

Other Service

Univ. of Texas Faculty Council Member, 2002-2004.

Student Affairs Committee, 2002-2004 (Chair 2003-04)

Univ. of Texas Faculty Grievance Hearing Officer, 1997-present.

Blackstock-McGinnis Scholarship Committee (1998-2005).

Testimony before the Texas Strategic Economic Development Planning Commission, Hearings on Regulatory Reform, April 16, 1998, Austin, TX.

Post-tenure review committees, 2001-present.

Faculty Advisor, UT Net Impact (Students for Socially Responsible Business) organization, 2003-present.

Faculty Advisor, Texas Journal of Oil, Gas & Energy Law, 2005-present