2013-2014 Brennan Center Jorde Symposium

September 16, 2013

Part I: September 16, 2013 at 4:30 pm
Berkeley Law School, University of California Berkeley


Cass R. Sunstein is currently the Robert Walmsley University Professor at Harvard University.

Mr. Sunstein graduated in 1975 from Harvard College and in 1978 from Harvard Law School magna cum laude. After graduation, he clerked for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court and Justice Thurgood Marshall of the U.S. Supreme Court, and then he worked as an attorney-advisor in the Office of the Legal Counsel of the U.S. Department of Justice. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School.

Mr. Sunstein is author of many articles and a number of books, including Republic.com (2001), Risk and Reason (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), Laws of Fear: Beyond the Precautionary Principle (2005), Worst-Case Scenarios (2001), and Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008). He is now working on various projects involving the relationship between law and human behavior.

This year's lecture will focus on how regulatory agencies analyze the costs and benefits of public policies when those benefits are not easily quantifiable.



Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Co-Director of the Center for Law, Energy, and the Environment. Professor Farber serves on the editorial board of Foundation Press. He is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute.  He has written extensively on environmental and constitutional law.





Lisa Heinzerling is Professor of Law at the Georgetown University Law Center. She specializes in environmental law, food law, administrative law, and regulatory policy. She has published several books, including a critique of the use of cost-benefit analysis in environmental policy, and many articles and book chapters. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. Professor Heinzerling served as lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. Professor Heinzerling was a law clerk to Justice William Brennan.


Richard L. Revesz is Lawrence King Professor and Dean Emeritus at New York University School of Law.  He is a leading scholar of environmental law and policy, focusing on the allocation of authority between the federal government and the states, the use of cost-benefit analysis, and the design of liability rules. His book Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (with Michael Livermore, 2008) argues for a more rational approach to cost-benefit analysis and regulation. In 2008, Professor Revesz co-founded the Institute for Policy Integrity (IPI) at NYU School of Law, a non-partisan think-tank that advocates for an unbiased approach to cost-benefit analysis. He currently serves as its Faculty Director.  As Dean of NYU School of Law, Revesz significantly increased the size of the full-time faculty, established eleven new centers and institutes, and grew the number of clinics, including a new clinic in Washington D.C. on the role of government. Revesz also institutionalized important programmatic and funding opportunities that enable greater numbers of students to pursue public interest work, and introduced an ambitious set of curricular enhancements—focused in part on the third year—designed to ensure that NYU Law School graduates are prepared to compete in the twenty-first century legal marketplace. During his tenure, Revesz completed a record-breaking capital campaign, and oversaw the development of the Law School’s Washington Square campus, opening three new academic buildings.  Dean Revesz is a public member of the Administrative Conference of the U.S. and serves on the National Academy of Sciences’ Committee on Science, Technology, and Law. He is a Trustee of the American Museum of Natural History, a Fellow of the American Academy of Arts and Sciences, and a member of the Council on Foreign Relations and of the American Law Institute.


About the Jorde Symposium:

The Brennan Center Jorde Symposium, an annual event, was created in 1996 to sponsor top scholarly discourse and writing from a variety of perspectives on issues that were central to the legacy of William J. Brennan, Jr.

The Brennan Center named the Symposium in honor of its major benefactor Thomas M. Jorde, former Brennan clerk and Professor of Law at the University of California at Berkeley, Boalt Hall. A unique feature of the Symposium is that, each year, the honored lecturer presents the same lecture at two different sites, one in the fall, and another in the spring, with a different pair of prominent commentators at each site. The fall lecture is typically held at the University of California at Berkeley, Boalt Hall, where Tom Jorde taught for many years. The spring lecture is at a different law school every year. Both lectures and the four commentaries are published annually in the California Law Review.