Elizabeth Garrett
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ELIZABETH GARRETT University of Southern California Bovard Administration Building, Room 103 Los Angeles, California 90089-4019 (213) 740-0064 [email protected] EMPLOYMENT: Vice President for Academic Planning and Budget (2006-present); Vice Provost for Academic Affairs (2005-2006); University of Southern California Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, Political Science, and Policy, Planning and Development (2005-present), Professor (2003-04), Gould School of Law, University of Southern California Co-Director: USC-Caltech Center for the Study of Law and Politics (2007-present) Director: USC-Caltech Center for the Study of Law and Politics (2003-2007) Board of Directors: Initiative and Referendum Institute at USC Courses Taught: Administrative Law, Law and the Political Process, Civil Procedure Affiliated Faculty Member: USC Center for Law, Economics and Organization Courtesy Appointment: Annenberg School, Department of Communication Honors: Distinguished Alumna of the College of Arts and Sciences (Social Sciences), University of Oklahoma (2007); Phi Kappa Phi Honor Society; Association of Trojan Leagues Outstanding Service Award (2008); Outstanding Teaching Award fro the Latter-Day Saint Student Association (2006). Visiting Professor of Law (2004), California Institute of Technology Course Taught: Law and Politics Professor of Law (1999-2003), Deputy Dean for Academic Affairs (1999-2001), Assistant Professor of Law (1995-1999), University of Chicago Courses Taught: Legislative Process; U. S. Congress and the Courts; Administrative Law; Federal Budget Policy; Topics in Legislation and Legislative Process; Introductory Income Taxation; Civil Procedure II; Torts II Recipient: Graduating Students’ Award for Teaching Excellence (1997); Crain’s Chicago Business “40 Under 40” Award for Most Influential Young Chicagoans (2000) Visiting Professor of Law, University of Southern California (Fall 2002) Visiting Professor of Law, University of Virginia (Fall 2001) Visiting Professor of Law, Central European University (June 1999, June 2001, June 2003) Courses Taught: Legislation and Legislative Drafting; U.S. Public Administration Visiting Professor of Law, Interdisciplinary Center Law School, Herzlya, Israel (March 2001) Course Taught: Legislation and Statutory Interpretation in the United States Elizabeth Garrett Page 2 EMPLOYMENT (continued): Visiting Assistant Professor of Law, Harvard University (1998) Visiting Associate Professor of Law, University of Virginia (1994-1995) Legislative Director and Tax and Budget Counsel (1993-1994); Legal Counsel and Legislative Assistant for Tax, Budget and Welfare Reform Issues (1991-1993) for Senator David L. Boren, U.S. Senate Legal Adviser for Judge Howard M. Holtzmann, Iran-United States Claims Tribunal, The Hague, The Netherlands (1990-1991) Law Clerk for Justice Thurgood Marshall, U.S. Supreme Court (1989-1990) Law Clerk for Judge Stephen Williams, Court of Appeals for the District of Columbia Circuit (1988- 1989) GOVERNMENT SERVICE and TESTIMONY: Member, President Bush’s Advisory Panel on Federal Tax Reform (2005). Witness, Finance Committee of the U.S. Senate (2006). Testified on Tax Reform. Panelist on “Achieving Tax Fairness,” United States House of Representatives Democratic Caucus Issues Conference, Wintergreen, Virginia (1998). Witness, National Commission to Restructure the Internal Revenue Service (1996). Also helped to formulate Commission’s recommendation that congressional drafters should prepare a Tax Complexity Analysis for all revenue proposals (which was adopted by Congress in the 1998 IRS Restructuring Law). RESEARCH PROJECTS: Co-Principal Investigator (with Mathew D. McCubbins), Special Assessments in Financing Infrastructure and Local Governments, funded by the Keston Institute for Infrastructure. Co-Principal Investigator (with John Matsusaka), Local Governance and Direct Democracy: Past and Current Practices, Meeting the Challenge of the 21st Century, funded by the John Randolph Haynes and Dora Haynes Foundation and the USC-Caltech Center for the Study of Law and Politics. Co-Principal Investigator (with Mathew D. McCubbins), Overcoming the Infrastructure Deficit: 21st Century Governance Structures for California, funded by the Keston Institute for Infrastructure. Elizabeth Garrett Page 3 PUBLICATIONS: Fiscal Challenges: An Interdisciplinary Approach to Budget Policy (Elizabeth Garrett, Elizabeth Graddy & Howell Jackson eds., 2008, Cambridge University Press). Cases and Materials on Legislation: Statutes and the Creation of Public Policy (4th ed. 2007) (3d ed. 2001) and Supplement (2004) (with William N. Eskridge, Jr. and Philip P. Frickey). Legislation and Statutory Interpretation (2000) and (rev. ed. 2006) (Foundation’s Concepts and Insights Series) (with William N. Eskridge, Jr. and Philip P. Frickey). Statutory Interpretation Stories (forthcoming 2009) (with William N. Eskridge, Jr. and Philip P. Frickey). New Voices in Politics: Justice Marshall’s Jurisprudence on Law and Politics, __ Howard L.J. __ (forthcoming 2009). Available as Working Paper No. 61 in the USC/Caltech Center for the Study of Law and Politics Working Paper Series. Direct Democracy, in Elgar Handbook on Public Law and Public Choice (Daniel Farber & Anne Joseph O’Connell eds., forthcoming 2009). Available as Working Paper No. 60 in the USC/Caltech Center for the Study of Law and Politics Working Paper Series. Constitutional Issues Raised by the Lobbying Disclosure Act, in The Lobbying Manual: A Complete Guide to Federal Law Governing Lawyers and Lobbyists (4th ed. 2009 forthcoming) and (3d ed. 2005) (W.V. Luneburg, & T.M. Susman eds., American Bar Association) (with Ronald M. Levin & Theodore Ruger). Legislation and Statutory Interpretation, in The Oxford Handbook of Law and Politics 360 (K.E. Whittington, R.D. Kelemen & G.A. Caldiera eds., 2008). Framework Legislation and Federalism, 83 Notre Dame L. Rev. 1495 (2008). When Voters Make Laws: How Direct Democracy is Shaping American Cities, 13 Public Works Mgmt. & Pol’y 39 (2008) (with Mathew D. McCubbins). Transparency in the Budget Process, in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy (E. Garrett, E. Graddy & H. Jackson eds., 2008) (with Adrian Vermeule). The Dual Path Initiative Framework, 80 S. Cal. L. Rev. 299 (2007) (with Mathew D. McCubbins). The Fifth Annual Henry Lecture: The Promise and Perils of Hybrid Democracy, 59 Okla. L. Rev. 227 (2006) (chosen as “Recommended Reading” in the Green Bag’s Reader of Good Legal Writing from 2007). Conditions for Framework Legislation, in The Least Examined Branch: The Role of Legislatures in the Constitutional State 294 (R. Bauman & T. Kahana eds., 2006). The Story of Clinton v. City of New York: Congress Can Take Care of Itself, in Administrative Law Stories 47 (P. Strauss ed., 2005). Elizabeth Garrett Page 4 PUBLICATIONS (continued): Hybrid Democracy, 73 G.W.U. L. Rev. 1096 (2005). Veiled Political Actors and Campaign Disclosure Laws in Direct Democracy, 4 Elect. L.J. 295 (2005) (with Daniel A. Smith). Step One of Chevron v. National Resources Defense Council, in A Guide to Judicial and Political Review of Federal Agencies 55-84 (J.F. Duffy & M. Herz eds., 2005). Paying for Politics, 78 S. Cal. L. Rev. 591 (2005) (with John de Figueiredo). The Purposes of Framework Legislation, 14 J. Contemp. Legal Issues 717 (2005). Democracy in the Wake of the California Recall, 153 U. Pa. L. Rev. 239 (2004) (chosen as “Recommended Reading” in the Green Bag’s Reader of Good Legal Writing from 2006). McConnell v. FEC and Disclosure, 3 Elect. L.J. 237 (2004). Legislating Chevron, 101 Mich. L. Rev. 2637 (2003). Is the Party Over? Courts and the Political Process, 2002 Sup. Ct. Rev. 95 (2003). Voting with Cues, 37 Rich. L. Rev. 1011 (2003). The Impact of Bush v. Gore on Future Democratic Politics, in The Future of American Democratic Politics: Principles and Practices 141 (G.M. Pomper & M.D. Weiner eds. 2003). The William J. Brennan Lecture in Constitutional Law: The Future of Campaign Finance Laws in the Courts and in Congress, 27 O.C.U. L. Rev. 665 (2002) and in The Constitution and Campaign Finance Reform 579 (2d ed., F.G. Slabach ed. 2006). Attention to Context in Statutory Interpretation: Applying the Lessons of Dynamic Statutory Interpretation to Omnibus Legislation, Issues in Leg. Scholarship, Dynamic Statutory Interpretation (2002): Article 1, available at http://www.bepress.com/ils/iss3/art1. Institutional Lessons from the 2000 Presidential Election, 29 Fla. St. U. L. Rev. 975 (2001). Leaving the Decision to Congress, in The Vote: Bush, Gore, and the Supreme Court 38 (Sunstein & Epstein eds.) (2001). Political Intermediaries and the Internet “Revolution,” 34 Loyola L.A. L. Rev. 1055 (2001). Money in the Initiative and Referendum Process: Evidence of its Effects and Prospects for Reform, in The Battle Over Citizen Lawmaking 73 (M.D. Waters ed. 2001) (with Elisabeth R. Gerber). Institutional Design of a Thayerian Congress, 50 Duke L.J. 1277 (2001), in Congress and the Constitution 242 (N. Devins & K. Whittington eds. 2005), and in International Library of Essays on Rights: Volume on Bills of Rights (M. Tushnet ed. 2007) (with Adrian Vermeule). Elizabeth Garrett Page 5 PUBLICATIONS (continued): Issues in Implementing Referendums in Israel: A Comparative Study in Direct Democracy, 2 Chi. J. of Internat’l Law 159 (2001). The Congressional Budget Process: Strengthening the Party-in-Government, 100 Colum. L. Rev. 702 (2000). Interest Groups and Public Interested