David Marcus

Professor of Law

  • B.A. Harvard University, 1998
  • J.D. Yale Law School, 2002
  • UCLA Faculty since 2018

David Marcus is Professor of Law at UCLA School of Law. He was previously Professor of Law at the University of Arizona James E. Rogers College of Law, where he was elected “Professor of the Year” by the student body in 2009, 2012, 2017, and 2018. His research focuses on civil procedure, administrative law, federal courts, complex litigation, and legal history.

Marcus received his B.A. from Harvard University and studied at the University of Cambridge before earning his J.D. from Yale Law School. After law school, he clerked for the Honorable Allyne R. Ross of the Eastern District of New York in Brooklyn, as well as the Honorable William Fletcher of the Ninth Circuit Court of Appeals in San Francisco. He also represented plaintiffs in class actions at Lieff, Cabraser, Heimann & Bernstein.

Marcus’s publications have appeared or are forthcoming in the Stanford Law Review, the Journal of Law, Economics, and Organization, the Texas Law Review, the University of Pennsylvania Law Review, and the Georgetown Law Journal, among others.

Bibliography

  • Books
    • Pretrial (with Thomas Mauet). 10th ed. Wolters Kluwer Law & Business (2019).
  • Articles, Chapters And Studies
    • Class Actions, Jurisdiction, and Principle in Doctrinal Design (with Will Ostrander), 2019 B.Y.U. Law Review __ (forthcoming).
    • The Persistence and Uncertain Future of the Public Interest Class Action, 24 Lewis & Clark Law Review 395 (2020).
    • Inability to Pay: Court Debt Circa 2020 (with Judity Resnik), 98 North Carolina Law Review 361 (2020). Full Text
    • Due Process and Mass Adjudication: Crisis and Reform (with David Ames, Cassandra Handan-Nader, and Daniel Ho), 72 Stanford Law Review 1 (2020).
    • Quality Review of Mass Adjudication: A Randomized Natural Experiment at the Board of Veterans Appeals, 2003-16 (with Daniel Ho, David Ames, and Cassandra Handan-Nader), 35 Journal of Law, Economics and Organization 239 (2019).
    • Rethinking Judicial Review of High Volume Agency Adjudication (with Jonah Gelbach), 96 Texas Law Review 1097 (2018). Full Text
    • The History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994, 86 Fordham Law Review 1785 (2018). Full Text
    • The Short Life and Long Afterlife of the Mass Tort Class Action, 165 Pennsylvania Law Review (2017).
    • A Study of Social Security Litigation in the Federal Courts, Final Report to the Administrative Conference of the United States (July 2016). Full Text
    • The Public Interest Class Action, 104 Georgetown Law Journal 777 (2016). Full Text
    • Trans-Substantivity and the Processes of American Law, 2013 BYU Law Review 1191 (2014). Full Text
    • The History of the Modern Class Action, Part I: Sturm und drang, 1953-1980, 90 Washington Univ. Law Review 587 (2013). Full Text
    • Institutions and an Interpretive Methodology for the Federal Rules of Civil Procedure, 2011 Utah Law Review 927 (2011). Full Text
    • Flawed but Noble: Desegregation Litigation and its Implications for the Modern Class Action, 63 Florida Law Review (2011). Full Text
    • The Federal Rules of Civil Procedure and Legal Realism as a Jurisprudence of Law Reform, 44 Georgia Law Review 2010 (2010). Full Text
    • Some Realism About Mass Torts, 75 Univ. of Chicago Law Review 1949 (2008). Full Text
    • The Perils of Contract Procedure: A Revised History of Forum Selection Clauses in the Federal Courts, 82 Tulane Law Review 973 (2008).
    • The Erie Doctrine, the Class Action Fairness Act, and Some Federalism Implications of Diversity Jurisdiction, 48 William & Mary Law Review 1247 (2007).
    • Famine Crimes in International Law, 97 American Journal of International Law 245 (2003).
    • The Normative Development of Economic, Social and Cultural Rights Through Adjudication in Supranational Tribunals, 42 Stanford Journal of International Law 53 (2006).
  • Symposia, Contributions And Shorter Works
    • Article III, Remedies, and Representation (with Andrew Coan), 9 ConLawNOW 97 (2018). Full Text
    • Social Security Disability Litigation in the Federal Courts (with Jonah Gelbach), 101 Judicature 64 (2017).
    • Two Models of the Civil Litigant, 64 DePaul Law Review 537 (2015).
    • Finding the Civil Trial’s Democratic Future After its Demise, 15 Nevada Law Journal 1523 (2015). Full Text
    • From “Cases” to “Litigation” to “Contract”: A Comment on Procedural Durability, 56 St. Louis Univ. Law Journal 1231 (2012).
    • Attorneys’ Fees and the Social Legitimacy of Class Actions, 159 Univ. of Pennsylvania Law Review Pennumbra 155 (2011).
    • The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure, 59 DePaul Law Review 371 (2010). Full Text
    • Making Adequacy More Adequate, 88 Texas Law Review See Also 137 (2010).