David A. Dana
David Dana is a leading scholar in the fields of environmental law, property, land use, and professional responsibility. Before becoming a professor, he was a litigator in both the private (Wilmer, Cutler & Pickering) and public (U.S. Department of Justice) sectors. He taught at Boston University before joining Northwestern, and has been a visiting professor at Harvard and Virginia as well several foreign universities. His work on the Takings Clause has been very widely cited, as has his writing on the ethics of aggregate legal representation. His current scholarly work focuses on a range of topics, including environmental and health risks posed by emerging technologies, climate change adaptation, the foreclosure crisis, and attorney fees and fee alternatives.
Areas of Expertise
- Environmental Law
- Property Law
- Intellectual Property
- Property: Takings (Foundation Press, 2002) (with Thomas Merrill).
- Can the Law Track Scientific Risk and Technological Innovation?: The Problem of Regulatory Definitions and Nanotechnology .
- Three Obstacles to the Promotion of Corporate Social Responsibility by Means of the Alien Tort Claims Act: The Sosa Court’s Incoherent Conception of the Law of Nations, the “Purposive” Action Requirement for Aiding and Abetting, and the State Action Requirement for Primary Liability in 21 fordham environmental law review 79-121 (2010) (with Michael Barsa).
- Reforming Section 10 and the Habitat Conservation Plan Program .
- The Contextual Rationality of the Precautionary Principle .
- Valuing Foreign Lives and Civilizations in Cost-Benefit Analysis: The Case of the United States and Climate Change Policy .
- BA summa cum laude, Harvard University
- JD magna cum laude, Harvard University
- Stanford Clinton Sr. and Zylpha Kilbride Clinton Research Professor of Law, Northwestern University School of Law
- Associate Dean of Academic Affairs: Faculty & Research, Northwestern University School of Law
- Associate Professor of Law and Professor, 1993-1998, Boston University School of Law
- Attorney, 1991-1993, Environmental and Natural Resources Division, U.S. Department of Justice
- Associate, 1989-1991, Wilmer, Cutler & Pickering
- Law Clerk, 1988-1989, Hon. Betty Fletcher, U.S. Court of Appeals for the Ninth Circuit
Recent Consulting Activities
- Legal Ethics consulting in the Enron litigation and a variety of malpractice, fee recovery, disqualification and class certification disputes
- Pro bono environmental consulting for Environmental Law and Policy Center and other non-governmental organizations
- Consultant, Asia-Pacific Economic Cooperation (APEC) Living Cities initiative