DAVID RUSSELL FAGELSON
3515 R Street, NW
Washington, D.C. 20007
-email:Dfagel@American.edu
Tel: (H)(202) 625-6459
(O) (202) 885-2372

 

EDUCATION:

Oxford University, U.K.; D.Phil Politics 1992; M.Phil, 1984.

University of Michigan Law School, Ann Arbor, MI; J.D., cum laude, December 1985.

Wesleyan University, Middletown, CT, B.A., magna cum laude with High Honors, 1980. Major: Social Studies - an interdisciplinary program in government, economics, history and philosophy.

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Research And Teaching Interests

--Legal Philosophy\Jurisprudence
-- Law & Development\--Rule of Law Reform
-- Political Theory\Ethics
-- International law\human rights
--Constitutional Theory
-- Law And National Security\Public Law

WORK EXPERIENCE:
 

Academic
Associate Professor of Law & Society with tenure School of Public Affairs, American University  {September 2003- present)
Assistant Professor of Law & Society,

School of Public Affairs, American University (September 1996 to  2003)

   

Courses Taught: Western Legal Tradition; American Legal Culture; Concepts of Justice;  Law & Human Rights; Global Ethics, Human Rights and Human Wrongs

 . .
 

Government / Law
Member of White House Staff -Carter Administration- in the offices of Jack Watson, Chief of Staff and Eugene Eidenberg, Secretary to the Cabinet and Assistant to the President for Intergovernmental Affairs. Assisted Governors, Mayors, Senators & Representatives resolve federal/state and legislative/executive intra governmental regulatory matters. Participated in interagency negotiations over policies ripe for Presidential decision (1980-1981).

Attorney, Mayer, Brown & Platt, Washington, D.C. Practiced Private International Law. Advised corporations on energy policy; helped develop strategy for the Intellectual Property Committee in negotiations with American, European and Japanese government bodies to include intellectual property rights in the GATT negotiations. (1986-1987).

Research Associate and Director, Law And Governance:, IRIS Center-University of Maryland. Advised US, Multilateral and foreign government officials and members of nascent civil society in communist countries making the transition to market oriented constitutional democracies. Work focused on enforcement of rights. (December 1992 to September 1996).
 

Sample projects include:
Director, Russian Civil Code Reform Project: Advise framers of the Russian Civil Code on issues relating to the civil rights and responsibilities of individuals and corporate entities in the Russian Federation. Also worked with judges, law professors and members of nascent bar on developing capacity to implement the new civil code.
 

Member of Russian Constitutional Reform Project: Advise members of Constitutional Court and framers of Regional Constitutions in Russia on the enforcement of rights. Helped to develop standards of interpretation and conventions on legal standing of individuals to gain legal redress, helped identified role of judiciary in enforcing rights and ensuring checks and balances,
 

Member of Cambodian Legal Framework Project Advise US and Cambodian government officials on the public law foundations of a democratic state. Focus on the role of transparent and accountable institutions in supporting rule obedience by state officials and the protection of human rights.
 

Member Corruption And Governance Project Work with foreign government officials, multi and bilateral donors, journalists, lawyers, and other members of civil society on the institutional sources of corruption and legal mechanisms for achieving legal and political accountability. Funded by the World Bank and US AID.

Director Eastern European Rule of Law Project, sponsored by the SSRC & MacArthur Foundation. Organized conference of political\legal theorists , historians and policy makers to help create institutions for the protection of individual rights, minorities generally, civil-military relations & free speech (March '92 - Dec. '92).

Research Associate, Governance Institute - [Brookings Institution affiliate]. Wrote papers for a project examining the sociological foundations and ethics of the legal profession. Focused on the economic, political and ethical role of a self governing professional body in providing access to the institutions of justice (September 1990 -September 1991).

Visiting MacArthur Foundation Fellow,The Brookings Institution, Foreign Policy Studies Program, (February '87-- February '88). Johns Hopkins School of Advanced International Studies (February '88-- January '89). -- drafted studies on the legal basis of national security policy and other government activities which are the product of secret decision making processes.

Visiting Lecturer in Law, Franklin Pierce Law Center. law and political theory (Winter term '86).

Research Assistant at the Carnegie Endowment For International Peace, Helped research and draft articles concerning U.S. military and diplomatic policy in South Asia and the Persian Gulf (1981).
 

HONORS
 

Outstanding Teacher in General Education - awarded by School of Public Affairs (AY 99-00; AY00-01)
University Research Scholarship- awarded by American University (00-01)
Summer Research Grant -- awarded by School of Public Affairs (97, 98, 99,00, '01)
New Faculty Research Grant -- awarded by American University (96-97)
MacArthur Foundation Fellowship-- awarded for doctoral study at Oxford (full tuition and r&b).
British Overseas Research Scholarship -- awarded by British Government for study at Oxford.
Presidential Certificate of Meritorious Service -- given for service on White House Staff.
Davenport Fellowship -- awarded for research in political theory.
Rotary Scholarship -- For graduate study in Sweden. [Declined]

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PUBLICATIONS:

Books (Published And Forthcoming)

Justice As Integrity: Tolerance And Community in Legal Theory
    forthcoming SUNY Press (2003)

My Brother's Keeper: Sovereignty, Human Rights And Development
    forthcoming Princeton University Press (??)
 
 

Articles -- (Published And Forthcoming)
 

•Sovereignty And Development: From Moses The Law Giver To World Bank Conditionality
Polity (Summer2003)

Law As Integrity: Objectivity And Social Meaning in Legal Theory
Vol 11 Social and Legal Studies  No. 2

•Strong Rights And Disobedience: From Here To Integrity
Vol 15 Ratio Juris No.2 (April 2002)

• Two Concepts of Sovereignty: From Westphalia To The Law of Peoples?
Vol 38 International Politics No.4 (December 2001)

Perfectionist Liberalism, Tolerance And American Law
Vol 8 Res Publica:Journal of Legal And Social Philosophy No.1 (December 2001)

•Rights And Duties: The Ethical Obligation To Serve The Poor
Vol 17 Journal of Law And InequalityNo.1 (Winter 1999)

•The Constitution & National Security: Covert Action In The Age of Intelligence Oversight
Vol 5 Journal Of Law And Politics(1989)
 
 

Book Reviews, Encyclopedia Entries, Monographs & Etc.
 

•Book Review of Baaklini, A. and Desfosses, H. Designs For Democratic Stability: Studies in Viable Constitutionalism, Vol 6 Demokratizatsiya: The Journal of Post-Soviet Democratization, (Spring 1998)

•Book Review of Janoski, Citizenship and Civil Society in Political Science Quarterly, Vol. 114 (Spring 1998).

Property Rights And Democracy in The Encyclopedia of Democracy, eds. S.M. Lipset and S. Huntington (Washington, D.C.:CQ Books, 1995)

Governance And The Economy In Africa: Tools For Analysis And Reform of Corruption, P. Meagher. D. Fagelson, S. Kähkönen, R. Klitgaard & S. Rose-Ackerman, (College Park: IRIS, 1996)
 
 


Under Review

Toleration And The Concept of Law
Article on the conceptual link between the norm of tolerance and law governed behavior.
 
 

Projects in Draft (first draft completed)
 

The Wages of Skepticism

Article describing the moral skepticism implicit in various conservative originalist, post modern critical and liberal rights theories of interpretation. I show why each approach fails. Propose alternative political morality as foundation of liberal interpretation.

Concepts of Corruption

Article attempting to define concept of corruption in order to better understand its nature and political impact and develop policies for legal reform.
 

Is Roe v. Wade A Checkerboard Solution?

Article considering whether this case violates the idea of law as integrity. The purpose is to show an important flaw in that legal theory and to explain why a solution to this conundrum will more likely be found in a perfectionist idea of liberalism than Rawls' or Dworkin's political liberalism.
 
 

 

PAPER PRESENTATIONS AND OTHER CONFERENCE ACTIVITIES 


 

The Ethics of Assistance: Who Should Liberal's Help?
       -- Delivered at the APSA annual meeting on panel entitled The Ethics of Assistance
         San Francisco, August 2001.

Two Concepts of Sovereignty From Westphalia To Kosova
        - --  Delivered at the APSA annual meeting on panel entitledAre There Any Human Rights?
        Washington, DC, August 2000.

Does Legal Reform Affect The Rule of Law?
        -Delivered to the Conference On Sexual Trafficking
            Washington, DC, November 1999.

Is Tolerance The Foundation of American Law?
        --Delivered at the APSA annual meeting on panel entitled Harm, Indignation And Disgust: How Much
            Intolerance Ought We Tolerate
            Atlanta, September 1999.

Do Legal Rights Require Toleration?
        - Delivered at the 16th International Social Philosophy Conference
                Villanova University, July 1999.

"Tolerance And The Concept of Law"
        --Delivered at the APSA annual meeting on panel entitled Competing Conceptions of Law,Boston, September 1998.

-- Discussant on panel entitled Toleration And Coercion,
        American Political Science Association annual meeting, Boston, September 1998

"Justice As Integrity"
        -- Delivered at the Law And Society annual meeting, Aspen, June 1998.

"The Role of The Courts In Enforcing Rights"
        -- Delivered to Conference on Russian Constitutional Reform
        -- sponsored by the Mott Foundation

    --Russian Constitutional Court, Moscow, Russia, December 1997.
        --Chair and discussant of panel entitled,The Legal Theory of Institutional Design at American Political Science Association annual meeting,
            August 1997. Washington, DC

"Civil Law Reform In The Russian Federation,"
        --- Delivered to Georgetown Law School Conference Group on Post Soviet Legal Reform,
                April 1997. Washington, DC

"Developing Conventions of Judicial Interpretation"
        -- Delivered to Conference on Russian Federalism sponsored by the Mott Foundation
           University of Maryland, May 1997.

Interest, Self Interest And Conflict of Interest: Controlling Corruption Through The Rule of Law
        -- delivered to the Workshop on Governance And Economic Growth
            Sponsored by US AID, Dakar, Senegal March 1996

The Rule of Law in Theory and Practice: Some Thoughts on Russian Constitutionalism
        --delivered to the framers of Regional Constitutions in the Russian Federation
            sponsored by US AID and The President of the Russian Federation's Office Of Federal Relations, Moscow, Russia, March, 1995.

"Liberalism, Communitarianism and the Idea of Justice in Transition"
        - delivered to the Conference on The Evolution of Law In The Newly Independent States
            -sponsored by the Ford Foundation, Seattle, Washington, May, 1993.

"Tolerating Intolerance: Hate Speech and Harm"
        - delivered to the Workshop on Democracy and Minority Rights
            -- sponsored by the MacArthur Foundation, Prague, Czechoslovakia, December ' 92.

"The Professional Status of Lawyers and The Obligation to Provide Pro Bono Services"
    --delivered to the Governance Institute project on The American Legal Profession Sept 1991

    "Interpreting Rights: Why Don't Judges Do What Constitutional Theorists Think They Ought?"
        - delivered to the Governmental Studies Department, Brookings Institution. February '91.

"Individual Rights and Political Tolerance: Must We Learn to Love Each Other?"
        - delivered to the Conference on Democracy And The Rule of Law in E. Europe.
           -sponsored by the MacArthur Foundation, Budapest, Hungary, May, 1990.

"Secrecy And Accountability."
        -- delivered to the Conference on Economic and Political Aspects of International Security.
           -sponsored by the MacArthur Foundation, Morelos, Mexico, June, 1989.

" Legal Accountability and Covert Activity: The Case of the CIA"
        -- delivered to the Foreign Policy Studies Department, Brookings Institution, February, '89.
 

PROFESSIONAL AFFILIATIONS & OFFICES:
 

Member and Chair, Conference Group On Jurisprudence And Public Law
Member of The American Political Science Association.
Member of The American Society For Political And Legal Philosophy.
Member of The Connecticut Bar.