Professor of Law
David Noll
Rutgers Law School
492
S.I. Newhouse Center for Law and Justice
123 Washington Street
Newark, NJ 07102
(973) 353-2584

David Noll is a scholar of legal institutions and procedure. He teaches and writes in the fields of civil procedure, complex litigation, legislation and regulation, administrative law, and constitutional law.

  • Biography
  • Publications
  • Expertise
Biography

Professor Noll's recent scholarship has appeared or is forthcoming in the Michigan Law Review, Minnesota Law Review, New York University Law Review, and California Law Review, and his popular writing has appeared in venues such as Slate, Politico, and the New York Law Journal. He is also the co-author of a leading casebook, Legislation and the Regulatory State, on the federal administrative process.

Before 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.

 

Publications

Articles 

The Rule of Law in Multidistrict Litigation, 118 Mich. L. Rev. (forthcoming 2019)

Arbitration Conflicts, 103 Minn. L. Rev. 665 (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, Symposium, Resolving the Arbitration Dispute in Today’s Legal Landscape, 69 Rutgers L. Rev. 367 (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)

 

Selected Popular Writing

How States Can Step in When Trump Doesn’t Enforce Laws, Politco, June 18, 2019 (with Zachary D. Clopton)

Trump Labor Officials Are Secretly Using Forced Arbitration to Get Corporations Off the Hook, Slate, May 10, 2019 (with Zachary D. Clopton)

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

 

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