Associate Professor of Law
David Noll
Office Hours
Tues. 12:15-1:15 p.m.
Newark Campus
303C
S.I. Newhouse Center for Law and Justice
123 Washington Street
Newark, NJ 07102
(973) 353-2584

David L. Noll teaches and writes in the fields of civil procedure, complex litigation, and public law. His scholarship focuses on the institutions and procedures used to enforce the law; it includes work on arbitration, private statutory enforcement, the development of dispute resolution procedure, and access to civil justice. Noll is also the co-author of a leading casebook, Legislation and the Regulatory State, on the federal administrative process.

  • Biography
  • Publications
  • Expertise
Biography

Prior to joining Rutgers, Professor Noll was an Associate-in-Law at Columbia Law School. He previously clerked for Judges Pierre N. Leval and Raymond J. Lohier, Jr. on the U.S. Court of Appeals for the Second Circuit, and Judge Richard J. Holwell on the U.S. District Court for the Southern District of New York. He graduated magna cum laude from N.Y.U. School of Law where he was articles editor of the Law Review and received graduation prizes for distinguished scholarship in federal courts and civil procedure and outstanding performance in the law school’s Supreme Court litigation clinic. Professor Noll is admitted to the New York bar and a member of Phi Beta Kappa and the Order of the Coif. In 2014, he was appointed to the New Jersey Supreme Court Working Group on Ethical Issues Involving Metadata in Electronic Documents.

Publications

Articles 

Arbitration Conflicts, 103 Minn. L. Rev. (forthcoming 2018)

Ad Hoc Procedure, 92 N.Y.U. L. Rev. 767 (2017) (with Pamela K. Bookman)

Regulating Arbitration, 105 Calif. L. Rev. 985 (2017)

Constitutional Evasion and the Confrontation Puzzle, 56 B.C. L. Rev. 1899 (2015)

The New Conflicts Law, 2 Stan. J. Complex Litig. 41 (2014)

Rethinking Anti-Aggregation Doctrine, 88 Notre Dame L. Rev. 649 (2012)

The Indeterminacy of Iqbal, 99 Geo. L.J. 117 (2010)

 

Books

Legislation and the Regulatory State (2d ed. 2017) (with Samuel Estreicher) 

Teacher’s Manual to Legislation and the Regulatory State (2d ed. 2017) (with Samuel Estreicher)

 

Shorter Works

Introduction to Symposium, Resolving the Arbitration Dispute in Today’s Legal Landscape, 69 Rutgers L. Rev. (forthcoming 2018) 

Response: Public Litigation, Private Arbitration?, 17 Nev. L.J. 477 (2018)

Deregulating Arbitration, 30 Loyola Consumer L. Rev. 51 (2017) 

The CFPB’s Arbitration Rule: The Road Ahead, in Proceedings of the NYU 69th Annual Conference on Labor: Mediation and Arbitration of Employment and Consumer Disputes (2017)

The Effect of Contingent Fees and Statutory Fee-Shifting:Two Models of Alternative Attorney-Payment Devices, in Beyond Elite Law: Access to Civil Justice in America (Samuel Estreicher & Joy Radice, eds. 2016)

A Reader’s Guide to Pre-Modern Procedure, 64 J. Legal. Educ. 414 (2015)

 

Popular Writing

The Dangerous Consequences of Repealing the CFPB’s Arbitration Rule, The Regulatory Review, Nov. 6, 2017

With Arbitration Case, SCOTUS Can Protect Both Federal Law, Workers' Rights, The Hill, Oct. 8, 2017

Justice Scalia’s Impact on Federal Arbitration Law, N.Y.L.J., May 13, 2016 (with Samuel Estreicher)

 

Expertise
  • Administrative Law
  • Arbitration
  • Civil Procedure
  • Class Actions
  • Constitutional Law
  • Statutory Interpretation and Legislation