Professor Jody Freeman

Professor of Law

Office:	Hauser 412
Assistant:	Kathleen Curley 617/495-3097
Phone:	(617) 496-4121
Email:	freeman@law.harvard.edu

Professor Freeman teaches Administrative Law, Environmental Law, Legislation and Regulation, and Natural Resources Law, and is the founding Director of the Harvard Law School Environmental Law Program. Her scholarship in administrative law focuses on collaborative and contractual approaches to governance, regulatory innovation and privatization. Her work in environmental law centers on the design of governance institutions, regulatory tools and decision making procedures; most recently, she is working on climate related institutional design. Professor Freeman authored an amicus brief, on behalf of Madeleine Albright, in MA v. EPA, the global warming case decided by the Supreme Court in 2007. MA v. EPA. Her analysis of the implications of the case, MA v. EPA: From Politics to Expertise, appears in the most recent issue of the Supreme Court Review. Professor Freeman has also published an article explaining how state efforts to address climate change can influence federal regulatory strategies (in Penn L. Rev. with DeShazo). Timing and Form of Federal Regulation: The Case of Climate Change. Her 2006 book, Moving to Markets in Environmental Regulation (with Kolstad), is a collection of essays by leading legal scholars and economists analyzing how well market mechanisms of environmental regulation have performed compared to command and control regulation. Freeman co-authors a leading casebook in environmental law, now in it's seventh edition, and recently agreed to join the 6th edition of a leading administrative law casebook. She recently completed an empirical study of the judicial review of agency rulemaking for the Judiciary Committee of the House of Representatives (subcommittee on administrative law). Her current works-in-progress include an analysis of the separation of powers implications of DOJ's use of consent decrees in lieu of rulemaking, and an analysis of how the projected impacts of climate change globally ought to affect U.S. climate change policy. To see an interview with Professor Freeman on environmental law and climate change, go here: http://av.law.ucla.edu/uclaw/Scully-World-large.wmv. To see Professor Freeman's remarks at a Forum on California's Climate Legislation, go here (remarks begin approx. 1/3 into the webcast): http://fiesta.bren.ucsb.edu/~kolstad/events/ClimateForum/webcast.htm. For a recent article on the Harvard Environmental Law Program including an interview with Professor Freeman, go here: Bulletin article.

Professor Freeman’s major works include Modular Environmental Regulation (with Farber), which was selected as one of the top ten environmental law articles of 2006 by the Journal of Land Use and Environmental Law, and Public Agencies as Lobbyists (with DeShazo). In 2004, her article on congressional oversight of the Endangered Species Act, The Congressional Competition to Control Delegated Power (with DeShazo) was also selected as one of the top 10 articles of the year. In 2001, Professor Freeman’s article, The Private Role in Public Governance, received the annual scholarship award from the American Bar Association's Section on Administrative Law and Regulatory Practice for the single best article in the nation on administrative law. Freeman’s other articles include The Contracting State, Regulatory Negotiation and the Legitimacy Benefit (with Langbein), and Collaborative Governance in the Administrative State.

Prior to joining HLS, Professor Freeman taught for 10 years at UCLA where in 2004 she received the law school's Rutter Award for excellence in teaching, and in 2001 was voted Professor of the Year.

Professor Freeman has testified in Congress and before state commissions on administrative law and environmental matters (Hoover Commission and Subcommittee on Commercial and Administrative Law). She has served as Vice-Chair of the ABA Administrative Law Section sub-committees on Dispute Resolution as well as the subcommittee on Environmental Law and Natural Resources. In 2006, she chaired the Executive Committee on Administrative Law for the Association of American Law Schools. Professor Freeman consults on administrative law and environmental law issues, and lectures widely both in the U.S. and abroad. Her writings have been translated into several languages; a collection of her papers will be published in China in 2008.