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Tel: 215.898.7072
Fax: 215.573.2025
Email: sburbank@law.upenn.edu
Expertise
- Civil Procedure
- Complex Litigation
- Judicial Administration
Bio
Stephen Burbank, the David Berger Professor for the Administration of Justice, is one of the most influential and respected scholars of federal practice and procedure in the country.
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Stephen Burbank, the David Berger Professor for the Administration of Justice, is one of the most influential and respected scholars of federal practice and procedure in the country. The author of definitive works on federal court rulemaking, interjurisdictional preclusion, litigation sanctions, and judicial independence and accountability, Burbank is also an authority on international civil litigation and has lectured and taught widely in Europe. Much of Burbank’s scholarship reflects insights and experience gained in work for the judiciary or Congress; he has served as reporter of judicial discipline rules for the Third Circuit and of that circuit’s task force to study Rule 11, has been invited to testify before congressional committees on numerous occasions, and was appointed by the Speaker of the U.S. House of Representatives to serve as a member of the National Commission on Judicial Discipline and Removal. Burbank’s latest book, a co-edited collection of essays, explores the problem of judicial independence from interdisciplinary and comparative perspectives.
Burbank, a Life Member of the American Law Institute, was an adviser to the Institute’s project on international jurisdiction and judgments, served for a decade on the Executive Committee of the American Judicature Society, chaired AJS’ Task Force on Judicial Independence and Accountability, and served as the Chair of the Board of Directors of the American Academy of Political and Social Science. He is Chair of the Selection Committee for the Berlin Prize Fellowships of the American Academy in Berlin. In November 2002 a federal court appointed Burbank Special Master of the National Football League upon the joint recommendation of the NFL Players Association and the NFL Management Council. In that role he resolves certain categories of disputes under a consent decree and collective bargaining agreement.
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Representative Professional Positions
Penn Law - David Berger Professor for the Administration of Justice (1995 -); Acting Dean (1995); Robert G. Fuller, Jr., Professor of Law (1991-95); Professor of Law (1986-91); Associate Professor of Law and Associate Dean (1983-85); Assistant Professor of Law (1979-83)
University of Pennsylvania - General Counsel (1975-79); General Counsel and Assistant Professor of Law (1979-80)
Law Clerk to the Chief Justice of the United States (1974-75)
Law Clerk to Justice Robert Braucher, Supreme Judicial Court of Massachusetts (1973-74)
Visiting Professor - Harvard; Urbino, Italy; Pavia, Italy; Goethe University, Frankfurt, Germany; University of Michigan
Representative Publications
Pleading and the Dilemmas of 'General Rules', 2009 WIS. L. REV. 535.
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The Complexity of Modern American Civil Litigation: Curse or Cure?, 91 JUDICATURE 163 (2008).
- 06/11/08
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The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View, 156 U. PA. L. REV. 1439 (2008).
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Judicial Independence, Judicial Accountability and Interbranch Relations, 95 GEO. L.J. 909 (2006).
- 08/03/06
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Federalism and Private International Law: Implementing the Hague Choice of Court Convention in the United States, 2 J. PRIV. INT'L L. 287 (2006).
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An Interdisciplinary Perspective on the Tenure of Supreme Court Justices, in REFORMING THE SUPREME COURT 317 (R. Cramton & P. Carrington eds., 2006).
Alternative Career Resolution II: Changing the Tenure of Supreme Court Justices, 154 U. PA. L. REV. 1511 (2006).
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Aggregation on the Couch: The Strategic Uses of Ambiguity and Hypocrisy, 106 COLUM. L. REV. 1924 (2006).
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Judicial Accountability to the Past, Present and Future: Precedent,
Politics, and Power, 28 U. ARK. LITTLE ROCK L. REV 19 (2005).
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The Politics of the Federal Judiciary: Tiered Appellate
Decisionmaking, JUDICATURE (July/August 2005).
Vanishing Trials and Summary Judgment in Federal Civil Cases: Drifting Towards Bethlehem or Gomorrah?, 1 J. EMPIRICAL LEGAL STUD. 591 (2004).
Procedure, Politics and Power: The Role of Congress, 79 NOTRE DAME L. REV. 1677 (2004).
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Jurisdictional Conflict and Jurisdictional Equilibration: Paths to a Via Media?, 26 HOUS. J. INT'L L. 385 (2004).
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What Do We Mean by 'Judicial Independence?' 64 OHIO ST. L. J. 323 (2003).
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The Roles of Litigation, 80 WASH U. L. Q. 705 (2002).
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JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH (with B. Friedman ed., 2002).
Semtek, Forum Shopping, and Federal Common Law, 77 NOTRE DAME L. REV. 1027 (2002).
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Jurisdictional Equilibration, the Proposed Hague Convention and Progress in National Law, 49 AM. J. COMP. L. 203 (2001).
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REPORT OF THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL (1993) (with others).
Interjurisdictional Preclusion, Full Faith and Credit and Federal Common Law: A General Approach, 71 CORNELL L. REV. 733 (1986).
Asked by a member of the U.S. House of Representatives for his views on the "House Working Group on Judicial Accountability."
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The Rules Enabling Act of 1934, 130 U. PA. L. REV. 1015 (1982).
For additional publications, please consult
Current & Recent Research
Current Working Papers
On the Study of Judicial Behaviors: Law, Politics, Science and Humility (forthcoming)
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