Christopher H. Schroeder

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, Duke 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
schroeder@law.duke.edu (919) 613-7096
See the Duke Law profile page
View this faculty member's publications on the Duke Law web site

Background
Education, Training, & Certifications
- J.D., University of California - Berkeley 1974
- M.Div., Yale University 1971
- B.A., Princeton University 1968
Duke Appointment History
- Professor of Law, Duke Law School, Duke University 1985 - 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, Duke Law School, Duke University 1989 - 1990
- Associate Professor, Duke Law School, Duke University 1979 - 1985
Recognition
In the News
- MAY 10, 2017
  
  Faculty Members Say Firing of FBI Director Challenges Constitution, Democracy
- DEC 15, 2014
  
  Schroeder testifies before Senate Judiciary Committee regarding executive action on immigration
- NOV 21, 2014 Newsday
  
  Christopher Schroeder on Obama immigration order: ‘I don't think the president is trampling the Constitution or overreaching’
- NOV 20, 2014 Bloomberg
  
  Christopher Schroeder: President Obama acting within his powers on immigration
- NOV 19, 2014 The Washington Post
  
  Christopher Schroeder comments: Federalist Society members say action on deportations is legal
- NOV 19, 2014
  
  News Tip: Obama Executive Action on Immigration Would Be Constitutional, Expert Says
- OCT 22, 2014
  
  U.S. Security and Intelligence Studies to Grow at Triangle Universities
- JUL 24, 2014
  
  The Surveillance State and Its Limits
- MAR 12, 2014 USA Today
  
  Christopher Schroeder testifies: GOP pushes bill to let Congress sue the president
- FEB 27, 2014
  
  Duke Faculty Testify in Congressional Hearings on Child Development, Presidential Authority
- FEB 25, 2014
  
  Schroeder testifies before House Committee on presidents duty to execute laws, Feb. 26
Expertise
Global Scholarship
- Expertise
  - United States of America (Country)
Research
Selected Grants
- Information and Regulatory Enforcement awarded by Environmental Protection Agency 1992 - 1994
Publications & Artistic Works
Selected Publications
- Books
  - Schroeder, C., R. Percival, A. Miller, and J. Leape. Environmental Regulation: Law, Science, and Policy. Aspen Publishers, 2013.
  - Schroeder, C., G. Liu, and P. Karlan. Keeping Faith with the Constitution. Oxford University Press, 2010.
  - Schroeder, C., and C. Bradley. Presidential Power Stories. Foundation Press, 2009.
  - Schroeder, C., and C. Bradley. Presidential Power Stories. Foundation Press, 2009.
  - Schroeder, C., and R. Steinzor. A New Progressive Agenda for Public Health and the Environment. Carolina Academic Press, 2005.
  - Schroeder, C., and C. Enholm. The Need for Power Issue in the Context of Recent State Power Plant Siting Legislation, 1979.
  - Schroeder, C. Industrial Cogeneration in California. California Energy Resources Conservation and Development Commission, 1977.
  - Schroeder, C., C. Nero, and C. Yen. Control of Population Densities Surrounding Nuclear Power Plants, 1977.
  - Schroeder, C., and C. Wiley. State Facility Siting Legislation and Its Impact on the Siting of Coal-Fired Power Plants, 1977.
  - Schroeder, C. Preliminary Report on the Assessment of Energy Conservation Strategies and Measures. California Energy Resources Conservation and Development Commission, 1976.
- Academic Articles
  - Schroeder, C., and R. Glicksman. “The United States Failure to Act,” 2010, 21–44.
  - Schroeder, Christopher H. “Public Choice and Environmental Policy: A Review of the Literature,” May 8, 2009.
  - Schroeder, C. “Global Warming and the Problem of Policy Innovation: Lessons From the Early Environmental Movement.” Environmental Law 39 (2009): 285–307.
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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.
  - 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.
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  - Schroeder, C., and S. Shapiro. “Beyond Cost-Benefit Analysis: A Pragmatic Reorientation.” Harvard Environmental Law Review 32 (2008): 433–502.
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  - Schroeder, C. “Some Notes on Principled Pragmatism.” California Law Review 95 (2007): 1703–29.
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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.
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  - Schroeder, C. “Foreword.” Law and Contemporary Problems 67 (2004): 3.
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  - Schroeder, C. “Environmental Law, Congress and the Court's New Federalism.” Indiana Law Journal 78 (2003): 413–57.
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  - Schroeder, C. “Prophets, Priests and Pragmatists.” Minnesota Law Review 87 (2003): 1065.
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  - Schroeder, C. “Deliberative Democracy's Attempt to Turn Politics into Law.” Law and Contemporary Problems 65 (2002): 95–132.
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  - Schroeder, C. “Foreword: The Law of Politics.” Law and Contemporary Problems 65 (2002): 1–6.
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  - Schroeder, C. “Lost in the Translation: What Environmental Regulation Does that Tort Cannot Duplicate.” Washburn Law Journal 41 (2002): 583.
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  - Schroeder, C. “Military Commissions and the War on Terrorism.” Litigation 29 (2002): 28–33.
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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.
  - Schroeder, Christopher H. “Deliberative Democracy's Attemp to Turn Politics into Law.” Law & Contemporary Problems 65 (2002): 133–50.
  - Schroeder, C. “Causes of the Recent Turn in Constitutional Interpretation.” Duke Law Journal 51 (2001): 307.
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  - Schroeder, C. “Regulating Automobile Pollution: An Environmental Success Story for Democracy?” Saint Louis University Public Law Review 20 (2001): 21.
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  - Schroeder, C. “EPA and Its Sisters At 30: Devolution, Revolution, or Reform?” Environmental Law, 2001.
  - Schroeder, C. “Chevron, State Farm, and EPA in the Courts of Appeals During the 1990s.” Environmental Law, 2001.
  - 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.
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  - Schroeder, C. “Third Way Environmentalism.” Kansas Law Review 48 (2000): 801.
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  - Schroeder, C. “Clear Consensus, Ambiguous Commitment.” Michigan Law Review 98, no. 6 (2000): 1876–1915.
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  - Schroeder, C. “Putting Law and Politics in the Right Places - Reforming the Independent Counsel Statute.” Law and Contemporary Problems, 1999.
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  - Schroeder, C. “Foreword.” Law and Contemporary Problems 62 (1999): 1.
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  - Schroeder, C. “Rational Choice Versus Republican Moment - Explanations for Environmental Laws.” Duke Environmental Law & Policy Forum 9 (1998).
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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).
  - Schroeder, C., E. Meese, T. Olson, and C. Shays. “Reforming Government Through Oversight: A Good or Bad Idea?” Journal of Law and Politics, 1997.
  - Schroeder, C. “Constitutional Power and National Health Care.” Cornell Journal of Law and Public Policy 4 (1994): 432–37.
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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.
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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).
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  - Schroeder, C. “A Conservative Court?--Yes.” Public Interest Law Review, 1993.
  - Schroeder, C. “Congress Stories.” Southern California Law Review 65 (1992).
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  - Schroeder, C. “Foreword.” Law and Contemporary Problems 54, no. 4 (1991): 1–4.
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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.
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  - Schroeder, C. “Corrective Justice, Liability for Risks, and Tort Law.” Ucla Law Review 38 (1990).
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  - Schroeder, C. “Corrective Justice and Liability for Increasing Risks.” Ucla Law Review 37 (1990).
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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.
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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).
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  - Schroeder, C. “Two Methods for Evaluating Duty to Rescue Proposals.” Law and Contemporary Problems 49 (1986).
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  - Schroeder, C. “Rights Against Risks.” Columbia Law Review 86 (1986).
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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).
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  - Schroeder, C. “Foreword: A Decade of Change in Regulating the Chemical Industry.” Law and Contemporary Problems, 1983.
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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).
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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.
  - Schroeder, C. “The National Energy Research Plans--ERDA-48, ERDA 76-1 and ERDA 77-1.” Ecology Law Quarterly, 1978.
- Book Sections
  - Schroeder, C. “Public Choice and Environmental Policy.” In Research Handbook on Public Choice and Public Law, 450–85. MIT Press, 2010.
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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.
  - Schroeder, C., and C. Bradley. “The Story of United States v. Nixon: The President and the Tapes.” In Presidential Power Stories, 327–68, 2009.
  - Schroeder, C., and C. Bradley. “Introduction: The Story of Presidential Power.” In Presidential Power Stories, 1–20, 2009.
  - Schroeder, C. “The Story of American Trucking: The Blockbuster that Misfired.” In Environmental Law Stories, 321–48, 2005.
  - 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.
  - Schroeder, C. “Risk, Compensation and Liability.” In Philosophy of Tort Law, 1996.
  - Schroeder, C. “The Evolution of Federal Regulation of Toxic Substances.” In Government and Environmental Politics, 1989.
  - Schroeder, C. “Liberalism and the Objective Point of View.” In Justification, 1986.
  - 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.
- Other Articles
  - Schroeder, C. “Why the Justice Department May be Right.” Huffington Post, 2013.
  - Schroeder, C., and W. Dellinger. “The Purse Isn't Congress' Only Weapon.” New York Times, 2007.
  - 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.
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  - Schroeder, C., and W. Dellinger. “The Case for Judicial Review.” Washington Post, 2001.
  - Schroeder, C., and N. Kinkopf. “What About Burton's Contempt for the Constitution?” Legal Times, 1998.
  - Schroeder, C. “New Center for the Study of the Congress Looks at American Cynicism Toward the Institution.” Duke Law Magazine, 1997.
Teaching & Mentoring
Recent Courses

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Education, Training, & Certifications

Duke Appointment History

In the News

Global Scholarship

Expertise

Selected Grants

Selected Publications

Books

Academic Articles

Book Sections

Other Articles

Recent Courses