Stephen B. Burbank
David Berger Professor for the Administration of Justice

Burbank is the author of definitive works on federal court rulemaking, inter jurisdictional preclusion, litigation sanctions, international civil litigation, litigation retrenchment, and judicial independence and accountability. He is co-editor (with Barry Friedman) of Judicial Independence at the Crossroads: An Interdisciplinary Approach (Sage, 2002).
Books
RIGHTS AND RETRENCHMENT: THE COUNTERREVOLUTION AGAINST FEDERAL LITIGATION (Cambridge 2017) (with Sean Farhang).
[Available Here]
JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH (with B. Friedman ed., 2002).
[Available Here]
REPORT OF THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL (1993) (with others).
[Available Here]
Articles and Book Chapters
Rights and Retrenchment in the Trump Era, 87 FORDHAM L. REV. 37 (2018) (with Sean Farhang).
Litigation Reform: An Institutional Approach, 162 U. PA. L. REV 1543 (2014). (with Sean Farhang).
Private Enforcement, 17 LEWIS & CLARK L. REV. 637 (2013) (with Sean Farhang & Herbert M. Kritzer).
Whose Regulatory Interests? Outsourcing the Treaty Function, 45 NYU J. INT'L. L. & POL 1037 (2013)
Judicial Independence, Judicial Accountability and Interbranch Relations, 95 GEO. L.J. 909 (2006).
More publications can be found here.
Working Papers
A New (Republican) Litigation State? (March 13, 2020), U of Penn Law School, Public Law Research Paper No. 20-13; 11 U.C. IRVINE L. REV. __ (forthcoming 2020) (with Sean Farhang).
[View Document]
Research Areas
- Research Interests:
- Federal Court Rulemaking
- Interjurisdictional Preclusion
- Comparative Procedure
- Judicial Independence and Accountability
- Conflict of Laws
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)
Trustee - American Academy in Berlin (2007- ); Trustee, American Academy of Political and Social Science (2001-07), Chair (2004-07
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; Navarra, Spain; Urbino, Italy; Pavia, Italy; Goethe University, Frankfurt, Germany; University of Michigan
Professional Activities
Special Master, National Football League (2002-11); Acting System Arbitrator, NFL (2011- )
Trustee, American Academy in Berlin (2007- );Selection Committee, Berlin Prize Fellowships, American Academy in Berlin (2003-2007), Chair (2005-2007)
Non-Executive Director, Filtronic plc (1994-2008)
Courses
- Civil Procedure
- Complex Litigation
- International Civil Litigation in U.S. Courts
- Complex Litigation and Dispute Resolution (Seminar)
- The Study of Judicial Behavior (Seminar)