加州大学伯克利分校法学院导师教师师资介绍简介-Daniel Farber

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Daniel Farber

Publications

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Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Faculty Director of the Center for Law, Energy, and the Environment. Professor Farber is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute.
Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as editor-in-chief of the University of Illinois Law Review. After law school, he was a law clerk for Judge Philip W. Tone of the U.S. Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the U.S. Supreme Court. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before returning to the University of Illinois as a faculty member in 1978. He taught at the University of Minnesota Law School faculty from 1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a visiting professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School.
His most recent book is Contested Ground: How to Understand the Limits on Presidential Power (UC Press 2021). His earlier books include Research Handbook on Public Choice and Public Law (Elgar 2010) (with A. O’Connell); Judgment Calls: Politics and Principle in Constitutional Law (Oxford University Press 2008) (with S. Sherry); Retained by the People: The “Silent” Ninth Amendment and the Rights Americans Don’t Know They Have (Basic Books 2007); Lincoln’s Constitution (University of Chicago Press 2003); and Eco-Pragmatism: How to Make Sensible Environmental Decisions in an Uncertain World (University of Chicago Press 1999).

Education

B.A., University of Illinois (1971)
M.A., University of Illinois (1972)
J.D., University of Illinois (1975)

Profiles

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Daniel A. Farber is teaching the following course in Fall 2022:

• 201 sec. 002 - Torts

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Courses During Other Semesters

SemesterCourse NumCourse Title Teaching Evaluations
Summer 2022 201S sec. 001 Torts
206.51S sec. 001 Legal Research and Writing: Advanced Scholarship
Spring 2022 274.7 sec. 001 Environmental Law Colloquium View Teaching Evaluation
Fall 2021 201 sec. 004 Torts View Teaching Evaluation
270.72 sec. 001 Pathways to Carbon Neutrality View Teaching Evaluation
271.5 sec. 001 Environmental Law Writing Seminar View Teaching Evaluation
Summer 2021 201S sec. 001 Torts
206.51S sec. 001 LRW: Advanced Scholarship
Spring 2021 220G sec. 001 Public Law and Policy Workshop View Teaching Evaluation
272.31 sec. 001 The Supreme Court Confronts Climate Change View Teaching Evaluation
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No Constitutional Right to Abortion? Some Observers Plead the Ninth

The authors of the Constitution “believed the Bill of Rights wasn’t creating rights but was recognizing rights that were already out there,” says Professor Daniel Farber, author of Retained by the People, a 2007 book about the Ninth Amendment. The current court’s majority “has basically ignored” that amendment, he says, most likely because “it looks like a wide-open invitation and it doesn’t really say anything about how you decide what’s covered.”

Berkeley Law Experts Say Climate Policy More Urgent Than Ever After Supreme Court Setback

The Center for Law, Energy & the Environment brought together three experts for a recent webinar to discuss the implications of the ruling for climate policy.

Virtually No Federal Regulation Is Safe From the Supreme Court’s New ‘Major Legal Questions’ Doctrine

Dean Erwin Chemerinsky and Professor Daniel Farber discuss the potential impact of the West Virginia v. EPA ruling. The ruling “is very vague about what is a major question or what is sufficient specificity to meet it, the court has opened the door to challenges to countless agency actions,” Chemerinsky says.?“I think his fundamental objection is, EPA is leveraging a tiny pedal (of regulatory authority) in the Clean Air Act and using it to take over the world,” Farber says of Chief Justice John Roberts’ opinion. “It goes beyond the role that Congress gave them in dealing with emissions from specific sources into trying to change the whole energy system.”

‘A Serious Setback’: Supreme Court Sides With West Virginia in West Virginia v. EPA

Professor Daniel Farber calls the Supreme Court’s ruling?“more than a flesh wound” but not fatal. The majority opinion still allows the EPA other options to regulate coal-fired power plants, he adds. “Some people are portraying it as a huge disaster; I don’t think it’s as bad as that,” he says. “It’s a serious setback, but it’s one that we can move past.”

Supreme Court Ruling Takes Power From EPA, CA Leaders Outraged

Professor Daniel Farber says the Supreme Court’s decision in West Virginia v. EPA, which holds that the agency doesn’t have broad authority under the Clean Air Act to regulate greenhouse gas emissions from power plants, is a hit to the fight against climate change but doesn’t completely tie the Biden administration’s hands. California’s strong laws will shield the state from much of the ruling’s impact, although the state does get electricity from affected states, he says.?

Could Texas Really Secede? Experts Weigh in

“Secession is clearly unconstitutional. There’s a reason the pledge of allegiance refers to ‘one nation, indivisible’,” Professor Daniel Farber says. “That’s as much true now as it was in 1865 when the South (including Texas) lost the Civil War, or 1868 when the 14th Amendment guaranteed all Americans the rights of citizenship.”

Abortion, Climate, Guns, and Religion: Supreme Court Poised for a Sharp Right Turn

Four Berkeley Law professors, including Dean Erwin Chemerinsky, discuss the court’s anticipated conservative decisions on some of America’s most divisive issues.

Move to Scrap Roe Opens Justices to ‘Politicians in Robes’ Label

Professor Dan Farber says the draft Dobbs opinion appears to go out of its way to decide issues that the justices don’t need to reach in order to resolve the case

Supreme Court leak strikes fear among environmental lawyers

Professor Dan Farber predicts that the Supreme Court’s dismissive attitude toward precedent in Roe v Wade is another signal of a conservative majority that’s eager to roll up its sleeves and “fix” all the issues in the law that conservatives have complained about for years

The Kochs’ Dream of Smashing Climate Action May Be About to Come True

Professor Dan Farber says the Supreme Court’s upcoming ruling in West Virginia vs. EPA?is likely to curtail not just EPA’s ability to combat climate change but the government’s ability to protect the public from other threats, from financial fraud to public health

Turn the Page: A Prolific Year of Powerful and Pathbreaking Books from Berkeley Law’s Faculty

A recent celebration of 39 works that probe compelling issues across and beyond the legal landscape highlights the faculty’s far-reaching expertise.?

Next justice unlikely to make a difference in climate law

Professor Daniel Farber says that the new justice should be able to work with other justices on the court but also have the ability to write strong dissents and appeal to the public sense of what the court has done

Climate ‘champion’ sought to replace Breyer

Professor Daniel Farber comments that Justice Stephen Breyer’s? “contribution has taken the form of low-key concurrences and dissents” in the subject of environmental law

Supreme Court Vaccine Decision Signals Trouble for Climate Rule

Professor Daniel Farber says that any bold actions like a vaccine-or-test mandate or climate change policies through agencies is going to have tough sledding in the Supreme Court

Roe v. Wade on the line as Supreme Court takes up Mississippi abortion rights case

Professor Daniel Farber say the legal options before the Supreme Court in the Mississippi case are stark and extreme, and predicts Roe v Wade?will be overturned

Major Gift Expands Environmental Law and Social Justice Work at Two Berkeley Law Centers

The gift from Ruth Greenspan Bell ’67 and her husband Joseph Bell will fund scholarships and programming at Berkeley Law’s environmental law and social justice centers.

Mission Control: Jordan Diamond Expands and Elevates Berkeley Law’s Environmental Program

The next president of the Environmental Law Institute, Diamond greatly expanded the Center for Law, Energy & the Environment’s programming, expertise, and impact.?

Contested Ground: A New Book by Professor Daniel Farber Confronts Presidential Power and Its Abuses

Farber says failing to strike the right balance between curtailing executive power and enabling its use when needed carries major consequences.

The Unbearable Summer

Professor Daniel Farber says the physical and legal infrastructure of the West is geared toward a certain climate regime and, at great expense and effort, dams, canals, and irrigation systems have been carefully engineered for a climate that no longer exists

Generous Gift Expands Center’s Ability to Confront the Growing Climate Crisis

Berkeley Law alumnus Stuart K. Gardiner ’73 provides funding to help the Center for Law, Energy & the Environment identify, analyze, and elevate new climate solutions.

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