West Virginia University

David C. Vladeck

Current Positions: Professor Vladeck is a Professor of Law at Georgetown University Law Center. He also serves as Director of the Center on Regulation and Governance of the O?Neill Institute, Georgetown University Law Center and as Co-Director of the Institute for Public Representation, Georgetown University Law Center.

Expertise: Before joining the full-time Georgetown faculty, Professor Vladeck practiced for over twenty-five year at Public Citizen Litigation Group, one of the nation?s preeminent public interest law firms. He is an expert in the areas of Administrative Law, Occupational Safety and Health Law, Food and Drug Law, First Amendment Law, Constitutional Law, Federal Courts and Civil Procedure.

Real World Experience: Prior to joining the Georgetown full-time faculty, Professor Vladeck spent over 25 years at Public Citizen Litigation Group, first as a staff attorney then as its director. He has handled a broad range of litigation, including First Amendment, health and safety, civil rights, class actions, and open government cases. He has argued a number of cases before the United States Supreme Court, state courts of law resort, and over 60 cases before the federal courts of appeal. He also testifies frequently before Congress, writes on administrative and constitutional issues. He has served on the Council of the Administrative Law Section of the American Bar Association and as a Public Member of the Administrative Conference of the United States.

Significant Litigation Experience: Professor Vladeck is considered one the nation?s foremost public interest litigators. He is responsible for developing and implementing the successful litigation strategy that forced the Occupational Safety and Health Administration to issue health standards for ethylene oxide, formaldehyde, benzene (on remand from the U.S. Supreme Court), cadmium, and hexavalent chromium, and to issue safety standards for hazard communication in the non-manufacturing sector, grain dust, and the lock out/tag out of energy sources. He represented Members of Congress and environmental groups in a successful challenge to the Environmental Protection Agency?s wholesale failure to implement the Clean Air Amendments of 1990. He has played a lead role in the development of the First Amendment “commercial speech doctrine,” arguing one landmark case before the United States Supreme Court and drafting the briefs in several others. He has handled a number of prison reform cases, including the Supreme Court?s ruling rejecting the contention that prison guards employed at privately run prisons could assert governmental immunity in civil rights litigation brought by inmates. He handled a number of key separation of powers cases, including successful cases attacking the Reagan Administration?s effort to impound (refuse to spend) monies appropriated for low income housing and job training programs. And he has handled as many, if not more, open government cases than any other lawyer in the nation on behalf of scholars, journalists, Members of Congress, and public interest organizations.

Publications: Professor Vladeck has published widely in a number of areas, including First Amendment law, regulatory law and policy, and issues of justice. He co-authored a chapter on the Rehnquist Court?s administrative law decisions in a book on the Rehnquist Court (Random House), and he has authored other book chapters on OSHA law (Foundation Press) and the regulation of toxic substances (PLI). He has written widely on preemption issues (Georgetown and Pepperdine Law Journals). He has written law review articles on the First Amendment (Case Western Reserve and Loyola of Los Angeles Law Reviews), on the First Amendment implications of strict regulation of hazardous substances, like tobacco (Southern Illinois Law Review) and dietary supplements (Food and Drug Law Review; Journal of Marketing and Public Policy). And he has published articles defending the role of juries in setting liability standards (Seton Hall Law Review) and legal ethics (Kansas Journal of Law and Public Policy).

Other Information: Professor Vladeck has been an active participant in efforts to improve health and safety regulation in the United States. He has testified before many congressional committees on administrative law, constitutional law and occupational safety and health issues. During the “regulatory reforms” debates in Congress, Professor Vladeck was one of the few defenders of strengthening the role regulatory agencies play in safeguarding health and safety. He also serves as advisor to a number of public health and public safety organizations, on questions relating to administrative and constitutional law. He has also represented Members of Congress in a number of high-profile litigation matters.

West Virginia Law Review
304.293.2301
wvlrev@mail.wvu.edu