Christopher H. Schroeder
Professor Emeritus of Law
In December, 2012, Chris Schroeder returned to the Duke Law School faculty after serving for nearly three years as Assistant Attorney General in the Office of Legal Policy at the United States Department of Justice, where he supervised the evaluation of President Obama’s nominees to the federal judiciary and provided policy advice to the Attorney General and the White House on a variety of law enforcement and national security issues. Chris has also served as acting Assistant Attorney General in the Office of Legal Counsel where he was responsible for legal advice to the Attorney General and the President on a broad range of legal issues, including separation of powers, other constitutional issues, and matters of statutory interpretation and administrative law. He has also served as chief counsel to the Senate Judiciary Committee. Schroeder is currently teaching a course on Federal Policymaking to Duke Law School’s Duke in DC externs, as well as co-teaching a seminar on presidential powers with his Duke colleague, Jeff Powell. He is working on a book on presidential powers.
Chris is married to Kate Bartlett, former Dean of Duke Law School.
Current Appointments & Affiliations
- Professor Emeritus of Law, Law School, Duke University 2020
- Professor Emeritus in the Sanford School of Public Policy, Sanford School of Public Policy, Duke University 2020
Contact Information
- Duke Law School 210 Science Dr, Duke Box 90362, Durham, NC 27708
- Duke Law School Room 3185, Duke Box 90362, Durham, NC 27708
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schroeder@law.duke.edu
(919) 613-7096
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See the Duke Law profile page
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View this faculty member's publications on the Duke Law web site
- Background
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Education, Training, & Certifications
- J.D., University of California - Berkeley 1974
- M.Div., Yale University 1971
- B.A., Princeton University 1968
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Previous Appointments & Affiliations
- Professor of Law, Law School, Duke University 1985 - 2020
- Charles S. Murphy Distinguished Professor of Law, Law School, Duke University 2001 - 2020
- Professor in the Sanford School of Public Policy, Sanford School of Public Policy, Duke University 2011 - 2020
- Professor of Public Policy Studies, Sanford School of Public Policy, Duke University 2006 - 2011
- Professor of Public Policy Studies, Sanford School of Public Policy, Duke University 2001 - 2004
- Professor of Public Policy Studies, Sanford School of Public Policy, Duke University 1995 - 2001
- Instructional Supplement, Law School, Duke University 1989 - 1990
- Associate Professor, Law School, Duke University 1979 - 1985
- Recognition
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In the News
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OCT 29, 2021 School of Law -
MAY 10, 2017 -
DEC 15, 2014 Duke Today -
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NOV 21, 2014 Newsday -
NOV 21, 2014 Newsday -
NOV 20, 2014 Bloomberg -
NOV 20, 2014 Bloomberg -
NOV 19, 2014 The Washington Post -
NOV 19, 2014 The Washington Post -
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NOV 19, 2014 Duke Today -
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MAR 12, 2014 USA Today -
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FEB 25, 2014
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- Expertise
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Global Scholarship
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Expertise
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- Research
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Selected Grants
- Information and Regulatory Enforcement awarded by Environmental Protection Agency 1992 - 1994
- Publications & Artistic Works
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Selected Publications
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Books
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Schroeder, C., R. Percival, A. Miller, and J. Leape. Environmental Regulation: Law, Science, and Policy. Aspen Publishers, 2013.
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Schroeder, C., G. Liu, and P. Karlan. Keeping Faith with the Constitution. Oxford University Press, 2010.
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Schroeder, C., and C. Bradley. Presidential Power Stories. Foundation Press, 2009.
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Schroeder, C., and C. Bradley. Presidential Power Stories. Foundation Press, 2009.
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Schroeder, C., and R. Steinzor. A New Progressive Agenda for Public Health and the Environment. Carolina Academic Press, 2005.
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Schroeder, C., and C. Enholm. The Need for Power Issue in the Context of Recent State Power Plant Siting Legislation, 1979.
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Schroeder, C. Industrial Cogeneration in California. California Energy Resources Conservation and Development Commission, 1977.
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Schroeder, C., C. Nero, and C. Yen. Control of Population Densities Surrounding Nuclear Power Plants, 1977.
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Schroeder, C., and C. Wiley. State Facility Siting Legislation and Its Impact on the Siting of Coal-Fired Power Plants, 1977.
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Schroeder, C. Preliminary Report on the Assessment of Energy Conservation Strategies and Measures. California Energy Resources Conservation and Development Commission, 1976.
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Academic Articles
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Schroeder, C., and R. Glicksman. “The United States Failure to Act,” 2010, 21–44.
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Schroeder, Christopher H. “Public Choice and Environmental Policy: A Review of the Literature,” May 8, 2009.
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Schroeder, C. “Global Warming and the Problem of Policy Innovation: Lessons From the Early Environmental Movement.” Environmental Law 39 (2009): 285–307.Link to Item
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Schroeder, C. “Legislating to Address Climate Change: Some Lessons from the Field.” Environmental & Energy Law & Policy Journal 3, no. 2 (2008): 236–60.
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Schroeder, C., N. Siegel, E. Chemerinsky, B. Daniels, B. Hardy, and T. Profeta. “California Climate Change and the Constitution.” Environmental Forum 25 (2008): 50–63.Link to Item
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Schroeder, C., and S. Shapiro. “Beyond Cost-Benefit Analysis: A Pragmatic Reorientation.” Harvard Environmental Law Review 32 (2008): 433–502.Link to Item
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Schroeder, C. “Some Notes on Principled Pragmatism.” California Law Review 95 (2007): 1703–29.Link to Item
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Schroeder, C. “Loaded Dice and Other Problems: A Further Reflection on the Statutory Commander in Chief.” Indiana Law Journal 81 (2006): 1325–32.Link to Item
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Schroeder, C. “Foreword.” Law and Contemporary Problems 67 (2004): 3.Link to Item
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Schroeder, C. “Environmental Law, Congress and the Court's New Federalism.” Indiana Law Journal 78 (2003): 413–57.Link to Item
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Schroeder, C. “Prophets, Priests and Pragmatists.” Minnesota Law Review 87 (2003): 1065.Link to Item
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Schroeder, C. “Deliberative Democracy's Attempt to Turn Politics into Law.” Law and Contemporary Problems 65 (2002): 95–132.Link to Item
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Schroeder, C. “Foreword: The Law of Politics.” Law and Contemporary Problems 65 (2002): 1–6.Link to Item
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Schroeder, C. “Military Commissions and the War on Terrorism.” Litigation 29 (2002): 28–33.Link to Item
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Schroeder, C., and R. Glicksman. “Chevron, State Farm, and EPA in the Courts of Appeals During the 1990s.” Environmental Law Reporter 31 (2002): 327–68.
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Schroeder, Christopher H. “Deliberative Democracy's Attemp to Turn Politics into Law.” Law & Contemporary Problems 65 (2002): 133–50.
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Schroeder, C. “Lost in the Translation: What Environmental Regulation Does that Tort Cannot Duplicate.” Washburn Law Journal 41 (2002): 583.Link to Item
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Schroeder, C. “Causes of the Recent Turn in Constitutional Interpretation.” Duke Law Journal 51 (2001): 307.Link to Item
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Schroeder, C. “EPA and Its Sisters At 30: Devolution, Revolution, or Reform?” Environmental Law, 2001.
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Schroeder, C. “Chevron, State Farm, and EPA in the Courts of Appeals During the 1990s.” Environmental Law, 2001.
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Schroeder, C. “Regulating Automobile Pollution: An Environmental Success Story for Democracy?” Saint Louis University Public Law Review 20 (2001): 21.Link to Item
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Schroeder, C. “The Multistate Settlement Agreement and the Problem of Social Regulation Beyond the Power of State Government.” Seton Hall Law Review 31, no. 3 (2001): 612–24.Link to Item
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Schroeder, C. “Clear Consensus, Ambiguous Commitment.” Michigan Law Review 98, no. 6 (2000): 1876–1915.Link to Item
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Schroeder, C. “Third Way Environmentalism.” Kansas Law Review 48 (2000): 801.Link to Item
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Schroeder, C. “Putting Law and Politics in the Right Places - Reforming the Independent Counsel Statute.” Law and Contemporary Problems, 1999, 163.Link to Item
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Schroeder, C. “Foreword.” Law and Contemporary Problems 62 (1999): 1.Link to Item
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Schroeder, C. “Rational Choice Versus Republican Moment - Explanations for Environmental Laws.” Duke Environmental Law & Policy Forum 9 (1998).Link to Item
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Schroeder, Christopher H. “Rational Choice v. Republican Moment Explanations for Environmental Laws, 1969-73.” Duke Environmental Law & Policy Forum 9, no. 1 (1998).
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Schroeder, C., E. Meese, T. Olson, and C. Shays. “Reforming Government Through Oversight: A Good or Bad Idea?” Journal of Law and Politics, 1997.
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Schroeder, C. “Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste.” Law and Contemporary Problems, 1994, 111.Link to Item
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Schroeder, C. “Constitutional Power and National Health Care.” Cornell Journal of Law and Public Policy 4 (1994): 432–37.Link to Item
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Schroeder, C. “A Conservative Court?--Yes.” Public Interest Law Review, 1993.
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Schroeder, C. “Cool Analysis vs. Moral Outrage in the Development of Federal Environmental Criminal Law.” William and Mary Law Review 35 (1993): 251.Link to Item
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Schroeder, C. “Congress Stories.” Southern California Law Review 65 (1992): 1531.Link to Item
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Schroeder, C. “Foreword.” Law and Contemporary Problems 54, no. 4 (1991): 1–4.Link to Item
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Schroeder, C., and R. Glicksman. “EPA and the Courts: Twenty Years of Law and Politics.” Law and Contemporary Problems, 1991, 249.Link to Item
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Schroeder, C. “Corrective Justice, Liability for Risks, and Tort Law.” Ucla Law Review 38 (1990): 143.Link to Item
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Schroeder, C. “Corrective Justice and Liability for Increasing Risks.” Ucla Law Review 37 (1990): 439.Link to Item
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Schroeder, C. “In the Regulation of Manmade Carcinogens, If Feasibility Analysis is the Answer, What is the Question?” Michigan Law Review 88 (1990): 1483.Link to Item
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Schroeder, C., and C. Peck. “Response Prepared to White House Analysis of Judge Bork's Record.” Cardozo Law Review 9 (1987): 219.Link to Item
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Schroeder, C. “Two Methods for Evaluating Duty to Rescue Proposals.” Law and Contemporary Problems 49 (1986): 181.Link to Item
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Schroeder, C. “Rights Against Risks.” Columbia Law Review 86 (1986): 495.Link to Item
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Schroeder, C., and C. Magat. “Administrative Process Reform in a Discretionary Age: The Role of Social Consequences.” Duke Law Journal 1984 (1984): 301.Link to Item
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Schroeder, C. “Foreword: A Decade of Change in Regulating the Chemical Industry.” Law and Contemporary Problems, 1983, 1.Link to Item
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Schroeder, C., and A. Miller. “The Validity of Utility Conservation Programs According to Generally Accepted Regulatory Principles.” Solar L. Rep. 3 (1982): 967.Link to Item
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Schroeder, C., L. Wiggins, and D. Wormhoudt. “Flexibility of Scale in Large Conventional Coal-Fired Power Plants.” Energy Policy 9, no. 2 (1981): 127–35.
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Schroeder, C. “The National Energy Research Plans--ERDA-48, ERDA 76-1 and ERDA 77-1.” Ecology Law Quarterly, 1978.
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Book Sections
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Schroeder, C. “Public Choice and Environmental Policy.” In Research Handbook on Public Choice and Public Law, 450–85. MIT Press, 2010.Link to Item
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Schroeder, C. “Supreme Court Preemption Doctrine.” In Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question, 119–43, 2009.
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Schroeder, C., and C. Bradley. “The Story of United States v. Nixon: The President and the Tapes.” In Presidential Power Stories, 327–68, 2009.
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Schroeder, C., and C. Bradley. “Introduction: The Story of Presidential Power.” In Presidential Power Stories, 1–20, 2009.
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Schroeder, C. “The Story of American Trucking: The Blockbuster that Misfired.” In Environmental Law Stories, 321–48, 2005.
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Schroeder, C. “Federalism's Values in Programs to Protect the Environment.” In Strategies for Environmental Success in an Uncertain Judicial Climate, 247–58. ELI, 2005.
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Schroeder, C. “Risk, Compensation and Liability.” In Philosophy of Tort Law, 1996.
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Schroeder, C. “The Evolution of Federal Regulation of Toxic Substances.” In Government and Environmental Politics, 1989.
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Schroeder, C. “Liberalism and the Objective Point of View.” In Justification, 1986.
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Schroeder, C., C. Wiggins, and C. Wormhoudt. “Five Design Applications of a Large Plant/Small Unit Power Plant Configuration: Research and Findings.” In Energy Technology VII: The New Fuels Era, 1981.
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Other Articles
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Schroeder, C. “Why the Justice Department May be Right.” Huffington Post, 2013.
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Schroeder, C., and W. Dellinger. “The Purse Isn't Congress' Only Weapon.” New York Times, 2007.
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Schroeder, C., and W. Dellinger. “What Congress Gets To Know: How To End The Standoff On Executive Privilege And The U.S. Attorney Scandal.” Slate.Com, 2007.Link to Item
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Schroeder, C., and W. Dellinger. “The Case for Judicial Review.” Washington Post, 2001.
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Schroeder, C., and N. Kinkopf. “What About Burton's Contempt for the Constitution?” Legal Times, 1998.
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Schroeder, C. “New Center for the Study of the Congress Looks at American Cynicism Toward the Institution.” Duke Law Magazine, 1997.
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