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Gregory Shaffer

Melvin C. Steen Professor of Law

Gregory Shaffer

N230 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-625-2630

shaffer@umn.edu

Dartmouth College, B.A.
Stanford Law School, J.D.

Professor Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. He previously was Professor at the University of Wisconsin Law School, Director of the university’s European Union Center of Excellence, Co-Director of its Center on World Affairs and the Global Economy (WAGE), and Wing-Tat Lee Chair at Loyola University Chicago School of Law. He received his B.A., magna cum laude, from Dartmouth College and his J.D., with distinction, from Stanford Law School. He practiced law in Paris for seven years for Coudert Frères and Bredin Prat, where he was a member of the Paris bar.

He teaches courses in international law, international trade law, European Union law, administrative law, and constitutional law, among other areas, and conducts a variety of research seminars.

Professor Shaffer's publications include Dispute Settlement at the WTO: The Developing Country Experience (with Ricardo Melendez-Ortiz, Cambridge UP, 2010), When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (with Mark Pollack, Oxford UP, 2009), Defending Interests: Public-Private Partnerships in WTO Litigation (Brookings Institution Press, 2003), Transatlantic Governance in the Global Economy (with Mark Pollack, Rowman & Littlefield 2001), and over 60 articles and book chapters on international trade law, global governance, and globalization's impact on domestic regulation. Professor Shaffer's work is cross-disciplinary and empirical, addressing such topics as public-private networks in international trade litigation; comparative institutional approaches to trade-social policy conflicts; and national regulation in global context. His papers can be downloaded from SSRN at http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=85914.

Professor Shaffer is on the Executive Council of the American Society of International Law, co-Chair of the ASIL's International Economic Law Group, and founding Board member of the Society of International Economic Law. He is a recipient of two U.S. National Science Foundation awards, was a Fernand Braudel Fellow at the European University Institute, a Fulbright Senior Research Scholar in Rome, and a Visiting Scholar at the American Bar Foundation and at Columbia Law School. Among his numerous presentations, he was a speaker at three of the five conferences organized by the WTO Appellate Body for its tenth anniversary, held in Tokyo, Cairo and Sao Paulo. Professor Shaffer is the Senior Research Fellow in the program on developing countries and WTO dispute settlement at the International Centre on Trade and Sustainable Development in Geneva (see http://www.ictsd.org).

Professor Shaffer has also published one chapbook of poems, Forest (Artemis, 1998), and his poems have appeared in around a dozen journals.

For more information, download Prof. Shaffer's CV here.


PUBLICATIONS

Books

Transnational Legal Ordering and State Change (Cambridge University Press, 2013) (editor)

Dispute Settlement at the WTO: The Developing Country Experience (Cambridge University Press, 2010) (co-editor with Ricardo Melendez-Ortiz)

When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford University Press, 2009) (with Mark A. Pollack)

The Future of Transatlantic Economic Relations: Continuity Amid Discord (European University Institute, Florence, 2005) (conference volume) (with Mark A. Pollack, Helen Wallace & David Andrews)

Defending Interests: Public Private Partnerships in W.T.O. Litigation (Brookings Institution Press, 2003)

Transatlantic Governance in the Global Economy (Rowman & Littlefield, 2001) (co-editor with Mark A. Pollack)

Law Review Publications

Comparative Institutional Analysis and a New Legal Realism, 2013 Wisconsin Law Review 607-628 (2013)

Criminalizing Cartels: A Global Trend?, 12 Sedona Conference Journal 313-336 (2011) (with Nathaniel H. Nesbitt)

Hard versus Soft Law in International Security, 52 Boston College Law Review 1147-1241 (2011) (with Mark A. Pollack)

Interpretation and Institutional Choice at the WTO, 52 Virginia Journal of International Law 103-153 (2011) (with Joel Trachtman)

Hard vs. Soft Law: Alternatives, Complements, and Antagonists in International Governance, 94 Minnesota Law Review 706-799 (2010) (with Mark A. Pollack)

Risk, Science, and Law in the WTO: The Centrality of Institutional Choice, 104 Proceedings of the American Society of International Law 19-23 (2010)

How Business Shapes Law: A Socio-Legal Framework, 42 Connecticut Law Review 147-183 (2009)

Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?, 95 Cornell Law Review 61-137 (2009) (with Victoria Nourse)

A Structural Theory of WTO Dispute Settlement: Why Institutional Choice Lies at the Center of the GMO Case, 41 New York University Journal of International Law and Politics 1-101 (2008)

The Trials of Winning at the WTO: What Lies Behind Brazil's Success, 41 Cornell International Law Journal 383-501 (2008) (with Michelle Ratton Sanchez & Barbara Rosenberg)

Can WTO Technical Assistance and Capacity-Building Serve Developing Countries?, 23 Wisconsin International Law Journal 643-686 (2005)

Transnational Mutual Recognition Regimes: Governance Without Global Government, 68 Law and Contemporary Problems (Duke Law School) 263-317 (Summer/Autumn 2005) (with Kalypso Nicolaidis)

Reconciling Trade and Regulatory Goals: The Prospects and Limits of New Approaches to Transatlantic Governance Through Mutual Recognition and Safe Harbor Agreements, 9 Columbia Journal of European Law 29-77 (2002)

The World Trade Organization under Challenge: Democracy and the Law and Politics of the WTO's Treatment of Trade and Environment Matters, 25 Harvard Environmental Law Review 1-93 (2001)

Globalization and Social Protection: The Impact of EU and International Rules in the Ratcheting Up of U.S. Privacy Standards, 25 Yale Journal of International Law 1-88 (2000)

WTO Blue-Green Blues: The Impact of U.S. Domestic Politics on Trade-Labor, Trade-Environment Linkages for the WTO's Future, 24 Fordham International Law Journal 608-651 (2000) (special issue: "The World Trade Organization, Globalization, and the Future of International Trade")

An Alternative to Unilateral Immigration Controls: Toward a Coordinated U.S.-Mexico Binational Approach, 41 Stanford Law Review 187-232 (1988) (note)

Peer-Reviewed Journal Publications

Transnationalism, Unilateralism and International Law, 1 Transnational Environmental Law 31-41 (2012) (with Daniel Bodansky)

International Law and Global Public Goods in a Legal Pluralist World, 23 European Journal of International Law 669-693 (2012)

The Empirical Turn in International Legal Scholarship, 106 American Journal of International Law 1-46 (2012) (with Tom Ginsburg)

Transnational Legal Process and State Change, 37 Law & Social Inquiry 229-264 (2012)

Does Legal Capacity Matter? A Survey of WTO Members, 8 World Trade Review 559-577 (2009) (with Marc L. Busch & Eric Reinhardt)

Access to Justice in the World Trade Organization: A Case for a Small Claims Procedure?, 7 World Trade Review 587-640 (2008) (with Hakan Nordstrom)

The Challenges of WTO Law: Strategies for Developing Country Adaptation, 5 World Trade Review 177-198 (2006)

Transatlantic Economic Relations: Continuity Amid Discord, 5 European Political Science (Journal of the European Consortium for Political Research) 62-68 (2006) (with Mark A. Pollack)

What's New in EU Dispute Settlement? Judicialization, Public-Private Networks and the WTO Legal Order, 13 Journal of European Public Policy 832-850 (2006)

Institutional Choice in the Generalized System of Preferences Case: Who Decides the Conditions for Trade Preferences? The Law and Politics of Rights, 39 Journal of World Trade 977-1008 (2005) (with Yvonne Apea)

The Role of the Director-General and Secretariat: Chapter IX of the Sutherland Report, 4 World Trade Review 429-438 (2005) (special issue: "Reflections on the 10th Anniversary of the WTO")

Parliamentary Oversight of WTO Rule-Making: The Political, Normative, and Practical Contexts, 7 Journal of International Economic Law 629-654 (2004)

Recognizing Public Goods in WTO Dispute Settlement: Who Participates? Who Decides?: The Case of TRIPS and Pharmaceutical Patent Protection, 7 Journal of International Economic Law 459-482 (2004)

Biotechnology: The Next Transatlantic Trade War?, 23 The Washington Quarterly 41-54 (Autumn 2000) (with Mark A. Pollack)

Book Chapters

The Rise of Middle-Income Countries in the International Trading System, in Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap 59-83 (Randall Peerenboom & Tom Ginsburg, eds., Cambridge University Press, 2014) (with Charles Sutton)

Transnational Legal Ordering and Access to Medicines, in Patent Law in Global Perspective 97-126 (Ruth L. Okediji & Margo A. Bagley, eds., Oxford University Press, 2014) (with Susan K. Sell)

Transnational Legal Ordering and State Change, in Transnational Legal Ordering and State Change 1-22 (Gregory Shaffer, ed., Cambridge University Press, 2013)

The Dimensions and Determinants of State Change, in Transnational Legal Ordering and State Change 23-49 (Gregory Shaffer, ed., Cambridge University Press, 2013)

Conclusion: The Study of Transnational Legal Ordering, in Transnational Legal Ordering and State Change 212-215 (Gregory Shaffer, ed., Cambridge University Press, 2013)

Hard and Soft Law, in Interdisciplinary Perspectives on International Law and International Relations: The State of the Art 197-222 (Jeffrey L. Dunoff & Mark A. Pollack, eds., Cambridge University Press, 2013)

The Interaction of Formal and Informal International Lawmaking, in Informal International Lawmaking 241-270 (Joost Pauwelyn, Ramses A Wessel & Jan Wouters, eds., Oxford University Press, 2012) (with Mark A. Pollack)

The Transnational Meets the National: The Construction of Trade Policy Networks in Brazil, in Lawyers and the Construction of Transnational Justice 170-215 (Yves Dezalay & Bryant G. Garth, eds., Routledge, 2012) (with Michelle Ratton Sanchez Badin & Barbara Rosenberg)

WTO Judicial Interpretation, in The Oxford Handbook on the World Trade Organization 535-559 (Amrita Narlikar, Martin Daunton & Robert M. Stern, eds., Oxford University Press, 2012) (with Joel Trachtman)

How Hard and Soft Law Interact in International Regulatory Governance: Alternatives, Complements and Antagonists, in Systemic Implications of Transatlantic Regulatory Cooperation and Competition 63-129 (Simon J. Evenett & Robert M. Stern, eds., World Scientific, 2011) (with Mark Pollack)

Agricultural Biotechnology Policy in the EU: Between National Fears and Global Disciplines, in Policy-Making in the European Union (Helen Wallace, William Wallace & Mark A. Pollack, eds., 6th ed., Oxford University Press, 2010) (with Mark A. Pollack)

Extrapolating Purpose from Practice: Rebalancing or Inducing Compliance, in The Law, Economics and Politics of Retaliation in WTO Dispute Settlement (Chad P. Bown & Joost Pauwelyn, eds., Cambridge University Press, 2010) (with Daniel Ganin)

How Does International Law Work, in The Oxford Handbook of Empirical Legal Research 753-784 (Peter Cane & Herbert Kritzer, eds., Oxford University Press, 2010) (with Tom Ginsburg)

Developing Country Use of the WTO Dispute Settlement System: Why It Matters, the Barriers Posed, and Its Impact on Bargaining, in Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment (James Hartigan, ed., Emerald, 2009)

A New Legal Realism: Method in International Economic Law Scholarship, in International Economic Law: The State and Future of the Discipline 29-42 (Colin B. Picker, Isabella D. Bunn & Douglas W. Arner, eds., Hart Publishing, 2008)

Risk Regulation, GMOs and the Limits of Deliberation, in Unveiling the Council of the European Union: Games Governments Play in Brussels 144-164 (Daniel Naurin & Helen Wallace, eds., Palgrave MacMillan, 2008) (with Mark A. Pollack)

Biotechnology Policy: Between National Fears and Global Disciplines, in Policy-Making in the European Union 329-352 (Helen Wallace, William Wallace & Mark A. Pollack, eds., Oxford University Press, 5th ed., 2005) (with Mark A. Pollack)

Power, Governance and the WTO: A Comparative Institutional Approach, in Power in Global Governance 130-160 (Michael Barnett & Raymond Duvall, eds., Cambridge University Press, 2005)

Managing US-EU Trade Relations through Mutual Recognition and Safe Harbor Agreements: "New" and "Global" Approaches to Transatlantic Economic Governance?, in Transatlantic Economic Disputes: The EU, the US, and the WTO 297-325 (Ernst-Ulrich Petersmann & Mark A. Pollack, eds., Oxford University Press, 2003)

"If Only We Were Elephants": The Political Economy of the WTO's Treatment of Trade and Environment Matters, in The Political Economy of International Trade Law: Essays in Honor of Robert E. Hudec 349-393 (Daniel L. M. Kennedy and James D. Southwick, eds., Cambridge University Press, 2002)

Publications in Translation

Weaknesses and proposed improvements to the WTO Dispute Settlement System: an economic and market view, in 10 Anos de OMC: Uma analise do Sistema de Solucao de Controversias e Perspectivas (Luiz Olavo Baptista, Umberto Celli Junior & Alan Yanovich, eds., Edicoes Aduaneiras, 2006) (edited volume in Portuguese)

"Public-private Partnerships" in WTO Dispute Settlement: The US and EU Experience, in The WTO in the Twenty-first Century: Dispute Settlement, Negotiations, and Regionalism in Asia (Yasuhei Taniguchi, Alan Yanovich & Jan Bohanes, eds., Cambridge University Press, 2007) (Japanese translation published in Kokusai-Shoji-Homu (Journal of the Japanese Institute of International Business Law) (Fall 2005))

Les Differentes Approches de la Securite Alimentaire (Comparaison Union europeen/Etats Unis), in La securite alimentaire dans l'union europeenne (Jacques Bourrinet & Francis Snyder, eds., CERIC, 2003) (with Mark A. Pollack)

Book Reviews

A Transnational Take on Krisch's Pluralist Postnational Law, 23 European Journal of International Law 565 (2012) (reviewing Nico Krisch, Beyond Constitutionalism: The Pluralist Structure of Postnational Law (Oxford University Press, 2010)) (review essay)

Transnational Recursivity Theory: A Review Essay of Halliday & Carruther's Bankrupt, 9 Socio-Economic Review 371 (2011) (reviewing Terence C. Halliday & Bruce G. Carruthers, Bankrupt: Global Lawmaking and Systemic Financial Crisis (Stanford University Press, 2010))

Honors & Fellowships

Fernand Braudel Scholar, European University Institute, Fiesole, Italy (Jan.-May 2009)

Fulbright Grant, Senior Research Scholar, Rome, Italy, Office at UN Food and Agricultural Organization and at Italian Constitutional Court (Jan.-June 2007)

National Science Foundation Law and Social Science Awards (Two received for empirical work; around $200,000 total)

Senior Research Fellow, International Centre on Trade and Sustainable Development (ICTSD), WTO and developing countries (2004-present)

Executive Council, American Society of International Law (2009-2012)

Executive Committee, American Society of International Law (2011-2012)

Chair, Interest Group Committee, American Society of International Law (2011-present)

Co-Director, ASIL International Economic Law Group (2009- 2011)

Co-Chair, Program Committee, Law and Society Association (2013 Annual Meeting)

NSF-funded International Research Collaborative, Law and Society Association, Transnational Legal Orders (Coordinator, Jan. 2006-present)

Advisory Board, Journal of Transnational Environmental Law (2011-present)

Founding Executive Council Member, Society of International Economic Law (2008)

Director, University of Wisconsin European Union Center of Excellence (May 2004-July 2006)

Co-Director, University of Wisconsin Center on World Affairs and the Global Economy (May 2004-July 2006)

Affiliated Faculty, Center on Law & Globalization (ABF-Illinois) (2008-)

Affiliated Scholar, University of Wisconsin, Institute for Legal Studies (2007-present)

University of Wisconsin Vilas Award (Research award from UW; $85,000 award for 2004-2006)

Visiting Scholar, American Bar Foundation (Jan.-Aug. 2004)

Distinguished Visiting Professor, DePaul University College of Law (Fall 2003)

Visiting Scholar, Columbia Law School (Fall semester 2002)

COURSES

Administrative Law
Constitutional Law
EU Law
International Law
International Trade Law

Seminars
How International and Transnational Law Work
Transnational Legal Orders