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David A. Super

Professor of Law

A.B., Princeton; J.D., Harvard

Areas of Expertise:

Administrative Law, Constitutional Law, Contracts, Evidence, Legislation, Property, Social Welfare, Torts

David A. Super’s research focuses on Administrative Law, Constitutional Law, Legislation (including the federal budget), Local Government Law, and Public Welfare Law. He teaches these subjects...

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David A. Super’s research focuses on Administrative Law, Constitutional Law, Legislation (including the federal budget), Local Government Law, and Public Welfare Law. He teaches these subjects as well as Civil Procedure, Contracts, Evidence, Property, and Torts. In addition to Georgetown, he has also taught law at Columbia, Harvard, Howard, Maryland, Penn, Washington & Lee, and Yale. Prior to entering the legal academy, he served for several years as the general counsel for the Center on Budget and Policy Priorities and worked for the National Health Law Program and Community Legal Services in Philadelphia.

Recent Scholarship

Forthcoming Works and Works in Progress

  • David A. Super, Implementing the Three-Month Time Limit on SNAP for Unemployed 18- to 49-Year-Olds, (working paper).    [WWW]

Books

  • David A. Super, Public Welfare Law (St. Paul, Minn.: Foundation Press 2017).    [BOOK]
  • David A. Super, David C. Gray, Donald G. Gifford, Mark Graber, William M. Richman & Michael P. Van Alstine, Get A Running Start: Your Comprehensive Guide to the First Year Curriculum (St. Paul, Minn.: West Academic Publishing 2016).   

Contributions to Law Reviews and Other Scholarly Journals

  • David A. Super, Protecting Civil Rights in the Shadows, 123 Yale L.J. 2806-2836 (2014).    [HEIN] [W] [WWW]
  • David A. Super, The Modernization of American Public Law: Health Care Reform and Popular Constitutionalism, 66 Stan. L. Rev. 873-951 (2014).    [HEIN] [W] [WWW]
View all scholarship

All Scholarship 2001 - Present

Forthcoming Works and Works in Progress

  • David A. Super, Implementing the Three-Month Time Limit on SNAP for Unemployed 18- to 49-Year-Olds, (working paper).    [WWW]

Books

  • David A. Super, Public Welfare Law (St. Paul, Minn.: Foundation Press 2017).    [BOOK]
  • David A. Super, David C. Gray, Donald G. Gifford, Mark Graber, William M. Richman & Michael P. Van Alstine, Get A Running Start: Your Comprehensive Guide to the First Year Curriculum (St. Paul, Minn.: West Academic Publishing 2016).   

Contributions to Law Reviews and Other Scholarly Journals

  • David A. Super, Protecting Civil Rights in the Shadows, 123 Yale L.J. 2806-2836 (2014).    [HEIN] [W] [WWW]
  • David A. Super, The Modernization of American Public Law: Health Care Reform and Popular Constitutionalism, 66 Stan. L. Rev. 873-951 (2014).    [HEIN] [W] [WWW]
  • David A. Super, A New New Property, 113 Colum. L. Rev. 1773-1896 (2013).    [W] [WWW]
  • David A. Super, Against Flexibility, 96 Cornell L. Rev. 1375-1467 (2011).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • David A. Super, The Rise and Fall of the Implied Warranty of Habitability, 99 Cal. L. Rev. 389-463 (2011).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • David A. Super, From the Greenhouse to the Poorhouse: Carbon-Emissions Control and the Rules of Legislative Joinder, 158 U. Pa. L. Rev. 1093-1197 (2010).    [HEIN] [W] [SSRN] [WWW]
  • David A. Super, Laboratories of Destitution: Democratic Experimentalism and the Failure of Antipoverty Law, 157 U. Pa. L. Rev. 541-616 (2008).    [HEIN] [W] [SSRN] [WWW]
  • David A. Super, Privatization, Policy Paralysis, and the Poor, 96 Cal. L. Rev. 393-469 (2008).    [HEIN] [W] [WWW]
  • David A. Super, Are Rights Efficient? Challenging the Managerial Critique of Individual Rights, 93 Cal. L. Rev. 1051-1154 (2005).    [HEIN] [W] [SSRN]
  • David A. Super, Rethinking Fiscal Federalism, 118 Harv. L. Rev. 2544-2652 (2005).    [HEIN] [W] [WWW]
  • David A. Super, Offering an Invisible Hand: The Rise of the Personal Choice Model for Rationing Public Benefits, 113 Yale L.J. 815-893 (2004).    [HEIN] [W] [WWW]
  • David A. Super, The Political Economy of Entitlement, 104 Colum. L. Rev. 633-729 (2004).    [HEIN] [W]
  • David A. Super, The Quiet "Welfare" Revolution: Resurrecting the Food Stamp Program in the Wake of the 1996 Welfare Law, 79 N.Y.U. L. Rev. 1271-1397 (2004).    [HEIN] [W]
  • David A. Super, The New Moralizers: Transforming the Conservative Legal Agenda, 104 Colum. L. Rev. 2032-2096 (2004).    [HEIN] [W]

Book Chapters and Collected Works

  • David A. Super, Federal-State Budgetary Interactions, in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy 366-392 (Elizabeth Garrett, Elizabeth A. Graddy & Howell E. Jackson eds., New York: Cambridge University Press 2008).   

Selected Contributions to Other Publications

  • David A. Super, Low-Income College Students' Eligibility for the Supplemental Nutrition Assistance Program, 44 Clearinghouse Rev. 508-517 (2011).    [WWW]
  • David A. Super, Congress Secures Private Right of Action for Low-Income Households Seeking Food Assistance, 44 Clearinghouse Rev. 379-390 (2010).    [WWW]
  • David A. Super, Defending Mortgage Foreclosures: Seeking a Role for Equity, 43 Clearinghouse Rev. 104-114 (2009).    [WWW]
  • David A. Super & Graham G. Martin, Judicial Deference to Administrative Agencies and Its Limits, 40 Clearinghouse Rev. 596-609 (2007).    [WWW]
  • David A. Super, Encouraging Moderation in State Policies on Collecting Food Stamp Claims, 39 Clearinghouse Rev. 349-358 (2005).    [SSRN] [WWW]
  • David A. Super, Improving Fairness and Accuracy in Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, 39 Clearinghouse Rev. 73-88 (2005).    [SSRN] [WWW]
  • David A. Super, Maurice Emsellem, Sherry Leiwant, Rick McHugh & Michael A. O'Connor, Income Supports Can Dramatically Increase Resources Available for Lower-Income Working Families, 34 Clearinghouse Rev. 509-526 (2001).    [HEIN] [WWW]
Recent scholarship

In the News

"Time to rewrite the Constitution?," coverage in The Boston Globe, October 6, 2017, featuring Professor David Super.

"Congress pursues policy of deliberate ignorance with forest logging," a piece by Professor David Super, on The Hill, September 26, 2017.

"Senate environmental consultation bill a classic case in overreaction," an opinion piece in The Hill, September 22, 2017, by Professor David Super.

 "Seeing Blue Over Judicial Nominations," in U.S. News & World Report, September 14, 2017, quoting Professor David Super.

"Trump's infrastructure order falls far short of his campaign promises", coverage in The Hill, September 9, 2017, by Professor David A. Super.

View all News

All News

"Time to rewrite the Constitution?," coverage in The Boston Globe, October 6, 2017, featuring Professor David Super.

"Congress pursues policy of deliberate ignorance with forest logging," a piece by Professor David Super, on The Hill, September 26, 2017.

"Senate environmental consultation bill a classic case in overreaction," an opinion piece in The Hill, September 22, 2017, by Professor David Super.

 "Seeing Blue Over Judicial Nominations," in U.S. News & World Report, September 14, 2017, quoting Professor David Super.

"Trump's infrastructure order falls far short of his campaign promises", coverage in The Hill, September 9, 2017, by Professor David A. Super.

 "A different kind of chaos in Washington", coverage in the Marketplace, September 7, 2017 an interview with Professor David A. Super.

"Trump, Tillerson make right move challenging Egypt's repressive regime," an opinion piece by Professor David A. Super, on The Hill, August 27, 2017.

"Don't let funding for US Forest Service go up in flames", coverage in The Hill, August 21, 2017, by Professor David A. Super.  

 "Congress, keep the West Wild or at least what's left of it", coveage in The Hill, August 15, 2017, by Professor David A. Super. 

"Is Changing the Constitution the Only Way to Fix Washington?," coverage in The Huffington Post, August 7, 2017, quoting Professor David Super.

"Climate change and oil prices should bury Arctic drilling forever", coverage in The Hill, August 3, 2017, by Professor David A. Super.  

"Climate change and oil prices should bury Arctic drilling forever," an opinion piece by Professor David Super, in The Hill, August 3, 2017.

"Google Didn't Actually Pay City To Use Emergency Vehicles In Driverless Car Test (Updated)," coverage by Jalopnik, July 31, 2017, quoting Professor David Super.

 "Stop the costly, unnecessary road through Alaska wildlife refuge", coverage in The Hill, July 27, 2017 by Professor David A. Super

"Congress don't let logging industry decide fate of American forests", coverage in The Hill, July 19, 2017, by Professor David A. Super

"Congress, don't let logging industry decide fate of American forests," an opinion piece by Professor David Super, appeared in The Hill, on July 19, 2017.

"Georgia sees huge drop in people on food stamps," coverage in The Atlanta Journal-Constitution, June 23, 2017, featuring Professor David Super.

"Texans don't want U.S. Constitution fiddled with," coverage in The Oskaloosa Herald, June 22, 2017, featuring Professor David Super.

"The Koch Brothers Want A New Constitution — And They’re Closer Than You Think," coverage by International Business Times, June 14, 2017, quoting Professor David Super.

"The Koch Brothers want to rewrite the Constitution. They may succeed.," coverage by Raw Story, June 14, 2017, quoting Professor David Super.

 "Attorneys General Sue President Trump", coverage by WMUR9, June 12, 2017, interviewing Professor David Super 

“As Trump embraces the enemy, he should keep an eye out for their tricks”, coverage in The Baltimore Sun on May 7, 2017, featuring Professor David Super. 

"House Republicans Won't Drop ACA Lawsuit, Ryan Says," by Tax Analysts Insurance Tax Review, May 1, 2017, quoting Professor David Super

"Tenants lose, landlords win in Baltimore's rent court," coverage in the Baltimore Sun, April 26, 2017, featuring Professor David Super.

"Editing the Constitution: Wisconsin conservatives are pushing for a constitutional convention. What are their motives?," coverage by The Capital Times (Madison, Wis.), April 19, 2017, quoting Professor David Super.

"Right-Wing Billionaires Are Buying Themselves a New Constitution," coverage in Fusion, April 4, 2017, featuring Professor David Super.

"If TrumpCare stalls in Senate, House GOP better watch their backs," an opinion piece by Professor David Super, in The Hill, March 20, 2017.

"Commentary: Don't even think about 'updating' the Constitution," an opinion piece by Professor David Super in the Chicago Tribune, March 19, 2017.

"Leave the Constitution alone," an opinion piece by Professor David Super, in the Times Record News (Wichita Falls, Tex.), March 17, 2017.

"A constitutional convention is the last thing America needs," an op-ed piece by Professor David A. Super in the Los Angeles Times, March 15, 2017.

"The House GOP's puzzling ObamaCare replacement," an opinion piece by Professor David Super, The Hill, March 10, 2017.

"Resolutions before North Dakota Legislature requesting conventions to amend the U.S. Constitution," in the Bismarck Tribune, March 4, 2017, quoting Professor David Super. Professor Super was also quoted on the same topic in the Jamestown Sun.

"How Jesse Jackson Jr. collects $138,400 a year from the federal government," coverage by the Chicago Tribune, February 23, 2017, quoting Professor David Super. This story also appeared on Herald Net.

"Why Conservatives Must Engage in the Article V Convention of States Debate," coverage in the Conservative Review, January 31, 2017, featuring Professor David Super.

"Trump’s Private Security Force: an Operational and Legal Swamp," coverage by American Prospect, January 20, 2017, quoting Professor David Super.

 "How Trump could use his executive power on Obamacare," coverage in CNN Money, January 9, 2017, quoting Professor David Super.  

"Video: Call a convention to amend the Constitution?," coverage by Constitution Daily, December 8, 2016, featuring Professor David Super.

"Should states call a convention to amend the Constitution? Lessig debates," video coverage by Harvard Law Today, December 7, 2016, of a debate, Call a Convention to Amend the Constitution, with Professor David Super.

Intelligence Squared announced a debate, Call a Convention to Amend the Constitution, featuring Professor David Super, December 7, 2016.

"Inside the Strange World of “Reconciliation”," a piece by Professor David Super, in Balkinization, December 4, 2016.

"Maine DHHS broke the law first, asked questions later," a piece in Bangor Daily News, October 28, 2016, quoting Professor David Super.

"Breaking federal law is not a normal way of managing federal money," coverage in the Bangor Daily News, October 25, 2016, quoting Professor David Super.

"Constitutional Convention could imperil nation," an opinion piece by Professor David Super, in the Record Searchlight, July 11, 2016.

"A constitutional convention would be a Brexit-scale crisis for the U.S.," a piece by Professor David Super, The Los Angeles Times, July 7, 2016.

"How Maine redirected millions meant to help poor families with kids," coverage in Bangor Daily News, June 24, 2016, quoting Professor David Super.

"How Maine redirected millions meant to help poor families with kids," coverage in WGME 13 (Portland, ME), June 23, 2016, quoting Professor David Super.

Fix sought for Colo.’s $9.2M in food stamp errors,” coverage in The Coloradoan, April 29, 2016, quoting Professor David Super.

"Food stamp lawsuit settlement: Feds to pay Georgians $22M," coverage in The Atlantic Journal-Constitution, January 12, 2016, featuring Professor David Super.

"Buddy, can you spare a rate hike?," an op-ed by Professor David Super in the LA Times, September 18, 2015.

Ladies and Gentlemen, Another Big Obamacare Lawsuit is Going Forward,” coverage by Slate, September 9, 2015, quoting Professor David Super.

"Fight ISIS 'Theology of Rape' with Human Rights, Democracy," an op-ed by Professor David Super in the Philadelphia Inquirer, August 25, 2015.  

The justice who decided healthcare reform's fate,” coverage by Modern Healthcare, August 22, 2015, quoting Professor David Super and Professor Paul Rothstein.

"Roberts Again Rides to Rescue of ACA," coverage in The National Law Journal, June 29, 2015, featuring Professor David Super.

"Court upholds health care subsidies in states with federal exchanges," Catholic News Service, June 25, 2015, quoting Professor David Super.

"There’s Yet Another Major Lawsuit That Some People Think Could Threaten Obamacare," Slate, June 25, 2015, quoting Professor David Super.

"Roberts Leads Court Through Second ACA Storm; More Ahead," National Law Journal, June 25, 2015, quoting Professor David Super.  

"Bogus Bipartisanship: Congress Cooperates in the Service of Corporations," coverage in The Nation, December 5, 2014, quoting Professor David Super.

"A Costly and Outrageous Tax Break," an opinion piece in The New York Times, December 2, 2014, by Professor David Super

"U.S. is short-sighted in Egypt," an op-ed in The Baltimore Sun, November 10, 2014, by Professor David Super.

"House GOP Leaders File Amicus Brief in D.C. Budget Autonomy Lawsuit," coverage in Hill Blotter (Roll Call), May 13, 2014, quoting Professor David Super.

 "Grumbles meet D.C. attorney general’s position on budget autonomy amendment," coverage in The Washington Post, April 23, 2014, featuring Professor David Super.

"DC Council Sues Vince Gray Over Budget Autonomy," coverage by Washingtonian, April 17, 2014, quoting Professor David Super

"Georgia receives rare reprimand - a formal warning letter," an interview by Atlanta NBC affiliate 11 Alive, April 15, 2014, with Professor David Super. His remarks were also mentioned in another 11 Alive segment and a story in The Washington Times.

"How A Government Computer Glitch Forced Thousands Of Families To Go Hungry,"coverage in The Huffington Post, March 27, 2014, quoting Professor David Super.

 "We have failed Egypt," an op-ed in the Baltimore Sun by Professor David Super, February 23, 2014.

"It's Been a Very Bad Month for the Private Sector," coverage in the Huffington Post, January 15, 2014, featuring Professor David Super.

 "Obamacare's launch was bad. But many programs for the poor are worse.," a Q&A in the Washington Post, January 7, 2014, featuring Professor David Super.

 "An Error Message for the Poor," an op-ed in the New York Times, January 3, 2014, by Professor David Super.

"Phone System Thwarts Food Stamp Recipients," Atlanta-Journal Constitution, October 18, 2013, quoting Professor David Super.

"Egypt's students of democracy," an op-ed by Professor David Super in the Los Angeles Times, July 3, 2013.

"Be inclusive, Morsi, or you may face a second Egyptian revolution," an op-ed by Professor David Super in the Christian-Science Monitor, June 28, 2013.

"Pennsylvania lags in food-stamp approvals," coverage in the Philadelphia Inquirer, June 26, 2013, featuring Professor David Super.

"Bring on the Fiscal Cliff," a New York Times op-ed by Professor David Super, December 17, 2012. The op-ed was cited in the ABA Journal, December 18, 2012.

"Crowding Out Egypt's Secular Democrats," an opinion piece by Professor David Super in Newsday, August 15, 2012.

Recent News

On The Web

Maps & Directions

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