DAVID FREEMAN ENGSTROM Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305 (650) 721-5859 [email protected] PROFESSIONAL EXPERIENCE Stanford Law School. Associate Dean, 2018-present. Professor and Bernard D. Bergreen Faculty Scholar, 2015- present. Professor, 2014-2015. Associate Professor, 2012-2014. Assistant Professor, 2009-2012. ▪ Co-Director, Stanford Center on the Legal Profession ▪ Teaching and research focus on the design of litigation and regulatory regimes, as well as topics in civil procedure, administrative law, civil rights, constitutional federalism, and law and technology. ▪ Commentator on related topics in: The New York Times, Wall Street Journal, Washington Post, USA Today, Bloomberg, Forbes, Fortune, National Law Journal, Wired, CNN, and MSNBC, among others. Kellogg, Huber, Hansen, Todd, Evans & Figel. Associate, 2006-2009. ▪ Represented clients before the U.S. Supreme Court and other federal and state courts and agencies. Yale Law School. John M. Olin Fellow in Law, Economics, and Public Policy, 2004-2005. Wilmer, Cutler & Pickering, Washington, D.C. office. Part-Time Attorney, 2003-2004. Georgetown University Law Center. Visiting Researcher, 2003-2004. Hon. Diane P. Wood, United States Court of Appeals for the Seventh Circuit. Law Clerk, 2002-2003. EDUCATION Yale University, Ph.D. in Political Science, with distinction, 2005 Stanford University, J.D. with distinction and Order of the Coif, 2002 ▪ Stanford Law Review, 2000-2002; Articles Editor, 2001-2002 Oxford University, M.Sc. in Economic and Social History, with distinction, 1996 (Fulbright Scholar ) Dartmouth College, A.B. in History, magna cum laude and Phi Beta Kappa, 1993 OTHER POSITIONS HELD William and Flora Hewlett Foundation. Consultant, 2000-2002. ▪ Advised Foundation on the creation of education, family, and community development programs. Edward Zigler Center in Child Development & Social Policy. Director, Comer-Zigler Evaluation, 1997-1999. ▪ Directed evaluation of a pilot reform initiative in five inner-city schools in Norfolk, Virginia. Mississippi Teacher Corps. English and French Teacher, Football Coach, 1993-1995. ▪ Taught and coached football at a public high school in rural Mississippi. SCHOLARLY PUBLICATIONS The Automated State, 56 LAW & SOC’Y REV. __ (forthcoming 2022) The Use of AI in the Administration of Legal Systems, 19 ANN. REV. LAW & SOC. SCI. (forthcoming 2022) Courts as Data Governors, 70 DEPAUL L. REV. __ (forthcoming 2021) (Clifford Symposium) Disparate Limbo: How Administrative Law Erased Antidiscrimination, 131 YALE L.J. __ (forthcoming 2021) (with Cristina Ceballos and Daniel Ho) Digital Civil Procedure, 170 U. PA. L. REV. __ (forthcoming 2021) Rights, Redistribution, and the Rise of the “Litigation State”: The Case of Disability Discrimination Laws, 46 LAW & SOC. INQUIRY __ (forthcoming 2021) (with David Hausman) Legal Tech, Civil Procedure, and the Future of Adversarialism, 169 U. PA. L. REV. 1001 (2021) (with Jonah Gelbach) ▪ peer-reviewed at Jotwell.com as among “the best new scholarship relevant to the law” Artificially Intelligent Government: A Review and Agenda, in RESEARCH HANDBOOK ON BIG DATA LAW (Roland Vogl, ed., Edward Elgar Press, 2021) (with Daniel Ho) GOVERNMENT BY ALGORITHM: ARTIFICIAL INTELLIGENCE IN FEDERAL ADMINISTRATIVE AGENCIES (report to the Administrative Conference of the United States) (with Mariano-Florentino Cuéllar, Daniel Ho, and Catherine Sharkey) (2020) ▪ peer-reviewed at Jotwell.com as among “the best new scholarship relevant to the law” ▪ featured in Wall Street Journal, Bloomberg, Fortune, Forbes, and Law360, among others Post-COVID Courts, 68 UCLA L. REV. DISC. 246 (2020) Algorithmic Accountability in the Administrative State, 37 YALE J. ON REG. 800 (2020) (with Daniel Ho) What if California Had a Foreign Policy? The New Frontier of States’ Rights, 40 WASH. Q. 27 (2018) (with Jeremy Weinstein) Rationalizing Rights: Political Control of Litigation, in THE RIGHTS REVOLUTION REVISITED: INSTITUTIONAL PERSPECTIVES ON THE PRIVATE ENFORCEMENT OF CIVIL RIGHTS IN THE U.S. (Lynda G. Dodd ed., Cambridge University Press, 2018) “Not Merely There To Help the Men”: Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action, 70 STAN. L. REV. 1 (2018) Bounty Regimes, in RESEARCH HANDBOOK ON CORPORATE CRIMINAL ENFORCEMENT AND FINANCIAL MISDEALING (Jennifer Arlen ed., Edward Elgar Press, 2018) Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Political Economy, 165 U. PA. L. REV. 1531 (2017) American Pipe Tolling, Statutes of Repose, and Protective Filings: An Empirical Study, 69 STAN. L. REV. ONLINE 92 (2017) (with Jonah Gelbach) Private Enforcement’s Pathways: Lessons from Qui Tam Litigation, 114 COLUM. L. REV. 1913 (2014) The Civil Rights Act at Fifty: Past, Present, Future, 66 STAN. L. REV. 1195 (2014) Whither Whistleblowing? Bounty Regimes, Regulatory Context, and the Challenge of Optimal Design, 15 THEORETICAL INQUIRIES L. 605 (2014) 2 Agencies as Litigation Gatekeepers, 123 YALE L.J. 616 (2013) ▪ cited in Michigan v. U.S. Army Corps of Engineers, 758 F.3d 892 (7th Cir. 2014) and Gomez v. J. Jacobo Farm Labor Contractor, Inc., 2019 WL 5787805 (E.D. Cal. Nov. 6, 2019) ▪ peer-reviewed (twice) at Jotwell.com as among “the best new scholarship relevant to the law” Public Regulation of Private Enforcement: Empirical Analysis of DOJ Oversight of Qui Tam Litigation Under the False Claims Act, 107 NW. U. L. REV. 1689 (2013) ▪ cited in Young v. County of Cook, 2017 WL 4164238 (N.D. Ill. Sept. 20, 2017), United States ex rel. Hunt v. Cochise Consultancy, Inc., 887 F.3d 1081 (11th Cir. 2018), and U.S. ex rel. Nurkin v. Health Management Assocs., 2021 WL 423772 (Feb. 8, 2021 M.D. Fla.) ▪ peer-reviewed at Jotwell.com as among “the best new scholarship relevant to the law” The Twiqbal Puzzle and Empirical Study of Civil Procedure, 65 STAN. L. REV. 1203 (2013) ▪ cited in Data Key Partners v. Permira Advisers LLC, 849 N.W.2d 693 (Wis. 2014) and Huff v. Walmart Stores, 2017 WL 5483119 (S.D. Ind. Nov. 15, 2017) Corralling Capture, 36 HARV. J. L. & PUB. POL’Y 31 (2013) Harnessing the Private Attorney General: Evidence from Qui Tam Litigation, 112 COLUM. L. REV. 1244 (2012) ▪ cited in U.S. ex rel. Ruscher v. Omnicare, Inc., 2014 WL 2618158 (S.D. Tex. June 12, 2012) and Cunningham v. Leslie’s Poolmart, Inc., 2013 WL 3233211 (C.D. Cal. June 25, 2013) ▪ peer-reviewed at Jotwell.com as among “the best new scholarship relevant to the law” The Lost Origins of American Fair Employment Law: Regulatory Choice and the Making of Modern Civil Rights, 1943-72, 63 STAN. L. REV. 1071 (2011) ▪ awarded the Cromwell Article Prize by the American Society for Legal History The Taft Proposal of 1946 and the (Non-)Making of American Fair Employment Law, 9 GREEN BAG 2D 181 (2006) Drawing Lines Between Chevron and Pennhurst: A Functional Analysis of the Spending Power, Federalism, and the Administrative State, 82 TEX. L. REV. 1197 (2004) ▪ cited in Massachusetts ex rel. Executive Office of Health and Human Services v. Sebelius, 701 F.Supp.2d 182 (D.Mass. 2010) Civil Rights Paradox? Lawyers and Educational Equity, 10 J. L. & POL’Y 387 (2002) The 1996 Welfare Law: Key Elements and Reauthorization Issues Affecting Children, 12 THE FUTURE OF CHILDREN 27 (Princeton-Brookings 2002) (with Mark H. Greenberg, et al.) Post-Brown Politics, Whole-School Reform, and the Case of Norfolk, Virginia, 12 STAN. L. & POL’Y REV. 163 (2001) The Economic Determinants of Ethnic Segregation in Post-War Britain, 12 OXFORD U. DISCUSSION PAPERS ECON. & SOC. HIST. 1 (1997), available at http://www.nuff.ox.ac.uk/economics/history/paper12/12paper.pdf SCHOLARLY WORKS IN PROGRESS LEGAL TECH AND THE FUTURE OF CIVIL JUSTICE (edited volume) (under review) THE ROAD TO WAL-MART: THE LOST ORIGINS OF AMERICAN FAIR EMPLOYMENT LAW AND THE FUTURE OF LITIGATION (book manuscript) Legal Tech and the Litigation Playing Field, in LEGAL TECH AND THE FUTURE OF CIVIL JUSTICE 3 (forthcoming 2022) (with Nora Freeman Engstrom) Federalism and the Automated State (with Dennis Martin) Enforcement by Algorithm The Puzzling Presumption of Unreviewability Breaking FEPC: Myart v. Motorola and the Transformation of American Fair Employment Law Law-Tech and Law Schools: Reform and Reformism Along the New Frontier (with Dan Rodriguez) LITIGATION BRIEFS Sur-Reply in Opposition to Motion for Preliminary Approval of Proposed Class Settlement, In re: Roundup Products Liability Litigation, Case No. 3:19-cv-02224 (filed May 3, 2021) Opposition to Motion for Preliminary Approval of Proposed Class Settlement, In re: Roundup Products Liability Litigation, Case No. 3:19-cv-02224 (filed March 4, 2021) Brief of Amici Curiae Legal Historians in Support of Respondent, Americans for Prosperity Foundation v. Rodriquez and Thomas More Law Center v. Rodriquez, Case Nos. 19-251 & 19-255 (filed March 31, 2021) (Lead Amicus Curiae) Brief of Amici Curiae Administrative Law Professors in Support of Plaintiffs’ Motion for Summary Judgment, County of San Francisco v. Trump, Case No. 3:17-cv-00574-WHO (filed October 4, 2017) (with Anne Joseph O'Connell, Daniel Farber, Peter M. Shane, and Peter L. Strauss) Brief for Civil Procedure and Securities Law Professors as Amici Curiae in Support of Petitioner, California Public Employees’ Retirement System v. ANZ Securities, Inc., et al., U.S. Supreme Court, No. 16-373 (Lead Amicus Curiae and Counsel of Record) (filed March 6, 2017) Brief for Civil Procedure and Securities Law Professors as Amici Curiae in Support of Petition for a Writ of Certiorari, DeKalb County Pension Fund v. Transocean Ltd., Robert L. Long, Jon A. Marshall, and Transocean Inc., U.S. Supreme Court, No. 16-206 (Lead Amicus Curiae and Counsel of Record) (filed September 14, 2016) Brief of Professor David Freeman Engstrom as Amicus Curiae in Support of Respondents, Universal Health Services v. United States ex rel. Escobar et al., U.S. Supreme Court, No. 15-7 (Lead Amicus Curiae and Counsel of Record) (filed March 3, 2016) Brief for Civil Procedure and Securities Law Professors as Amici Curiae in Support of Petitioner, Public Employees’ Ret.