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Michael Stein

Professor of Law

Degrees: Ph.D., Cambridge University; J.D., Harvard; B.A., New York University
Email: [[mastei]]
Office phone: (757) 221-3762
Office location: Room 214
Full resume: here (.pdf in new window)

Areas of Specialization

Bioethics; Civil Procedure; Disability Law; Employment Discrimination Law; Equality and Non-Discrimination Law; International Disability Law; Legal History; Tort Law

Teaching in Academic Year 2013-2014

Disability Human Rights Seminar; Selected Topics in English Legal History Seminar

Representative Professional Activities and Achievements

Michael Stein holds a J.D. from Harvard Law School and a Ph.D. from Cambridge University. Co-founder and Executive Director of the Harvard Law School Project on Disability as well as Cabell Professor at William and Mary Law School, he has taught at Harvard, New York University, and Stanford law schools. Previously, Stein clerked for United States Supreme Court Justice Samuel A. Alito Jr. (while on the Third Circuit Court of Appeals), and practiced law with Sullivan and Cromwell in New York. During that time, he served as president of the National Disabled Bar Association, and pro bono counsel for the United States Department of Justice’s Environmental Division and the Legal Aid Society’s Juvenile Rights Division.

An internationally recognized expert on disability rights, Stein participated in the drafting of the United Nations Convention on the Rights of Persons with Disabilities, and actively consults with international governments on their disability laws and policies. He serves on disability rights advisory boards and blue ribbon research panels, and was an American Bar Association Commissioner on Mental and Physical Disability Law. Stein also acts as a legal advisor to Rehabilitation International, Disabled Peoples’ International, and to Special Olympics International. Stein works with disabled persons organizations around the world, and advises a number of United Nations bodies, for example DESA and UNICEF.

Professor Stein is the recipient of numerous awards from disability rights advocacy groups, an American Council of Learned Societies Andrew W. Mellon Faculty Fellowship, a Mark DeWolfe Howe Fund Grant, a National Endowment for the Humanities Summer Stipend, and a National Institute on Disability and Rehabilitation Research Merit Fellowship. He has been a fellow in both the East Asian Legal Studies Program and the Human Rights Program at Harvard Law School.

Professor Stein’s scholarship has been published in leading journals (including Boston College Law Review, California Law Review, Chicago Law Review, Duke Law Journal, Harvard Law Review, Illinois Law Review, Iowa Law Review, Michigan Law Review, Northwestern Law Journal, Stanford Law Review, Vanderbilt Law Review, and Virginia Law Review) and edited collections.

Scholarly Publications

Books

Co-editor, Disability Social Rights (with Malcolm Langford, forthcoming Cambridge U. Press 2014).
Co-editor, Disability and Equality at Work (with Jody Heymann & Gonzalo Moreno, forthcoming Oxford U. Press 2013).
Co-editor, Disability and Equality Law (with Elizabeth F. Emens, forthcoming Ashgate Publishing 2013).

Articles

Co-author, Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations, 8 J. Empirical Legal Stud 477 (2012) (with John J. Donohue III et al.) (peer-reviewed publication).
Co-author, Disability Cause Lawyers: Relentless Pragmatism in the Shadow of the Supreme Court, 53 Wm. & Mary L. Rev. 1287 (2012) (with Michael E. Waterstone & David B. Wilkins).
Co-author, Cause Lawyering for People with Disabilities, 123 Harv. L. Rev. 1658 (2010) (with David B. Wilkins & Michael E. Waterstone).
Co-author, Monitoring the Convention on the Rights of Persons with Disabilities: Innovations, Lost Opportunities, and Future Potential, 32 Hum. Rts. Q. 689 (2009) (with Janet E. Lord) (peer-reviewed publication). SSRN.
Victorian Tort Liability for Workplace Injuries 2008 Ill. L. Rev. 933 (2008).
Co-author, Rational Choice, Reputation, and Human Rights Treaties, 106 U. Mich. L. Rev. 1129 (2008) (with Alex Geisinger).
Co-author, Disabling Prejudice, 102 Nw. U. L. Rev. 1351 (2008) (with Michael E. Waterstone).
Disability Human Rights, 95 Cal. L. Rev. 75 (2007).
Co-author, A Theory of Expressive International Law, 60 Vand. L. Rev. 77 (2007) (with Alex Geisinger).
Co-author, Disability and the Social Contract, 74 U. Chi. L. Rev. 1615 (2007) (with Anita Silvers). SSRN.
Co-author, Disability, Disparate Impact, and Class Actions, 56 Duke L.J. 861 (2006) (with Michael E. Waterstone).
Generalizing Disability, 102 Mich. L. Rev. 1373 (2004).
Same Struggle, Different Difference: ADA Accommodations as Antidiscrimination, 153 U. Pa. L. Rev. 579 (2004).
Under the Empirical Radar: An Initial Expressive Law Analysis of the ADA, 90 Va. L. Rev. 1151 (2004).
Priestley v. Fowler (1837) and the Emerging Tort of Negligence, 44 B.C. L. Rev. 689 (2003).
The Law and Economics of Disability Accommodations, 53 Duke L.J. 79 (2003).
Co-author, Human Rights and Genetic Discrimination: Protecting Genomics' Promise for Public Health, 31 J.L. Med. & Ethics 377 (2003) (with Anita Silvers) (peer-reviewed). SSRN.
Disability, Employment Policy, and the Supreme Court, 55 Stan. L. Rev. 607 (2002).
Co-author, An Equality Paradigm for Preventing Genetic Discrimination, 55 Vand. L. Rev. 1341 (2002) (with Anita Silvers).
The Domestic Relations Exception to Federal Jurisdiction: Rethinking an Unsettled Federal Courts Doctrine, 36 B.C. L. Rev. 669 (1995).
From Crippled to Disabled: The Legal Empowerment of Americans with Disabilities, 43 Emory L.J. 247 (1994).
Mommy Has a Blue Wheelchair: Recognizing the Parental Rights of People with Disabilities, 60 Brook. L. Rev. 1069 (1994).

Book Chapters

Co-author, The Committee on the Rights of Persons with Disabilities, in The United Nations and Human Rights: A Critical Appraisal ___ (Philip Alston & Frederic Megret eds., forthcoming 2013) (with Janet E. Lord). SSRN.
Co-author, Disability Rights, the MDGs and Inclusive Development, in Millennium Development Goals and Human Rights: Past, Present and Future ___ (Malcolm Langford et al. eds., forthcoming 2013) (with Charlotte McClain-Nhlapo & Janet E. Lord).
Co-author, Equality and Non-Discrimination, in The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary ___ (Malcolm Langford ed., forthcoming 2013) (with Lilian Chenwi & Rebecca Brown).
Co-author, Contingent Participation and Coercive Care: Feminist and Communitarian Theories Consider Disability and Legal Capacity, in Coercive Care: Law and Policy ___ (Bernadette McSherry & Ian Freckelton eds., forthcoming 2013) (with Janet E. Lord).
Co-author, Accessing Socio-Economic Rights: The Rights of Persons with Disabilities, in Equality and Socio-Economic Rights: International Law in Theory and Practice ___ (Malcolm Langford & Eibe Reidel eds., forthcoming 2013) (with Janet E. Lord). SSRN.
Co-author, Equal Access to Health Care under the UN Disability Rights Convention, in Medicine and Social Justice: Essays on Distribution and Care 245 (Rosamond Rhodes et al. eds., 2012) (with Janet E. Lord & Dorothy Weiss).
Co-author, Participation in International Agreements as Transformative Social Change: The UN Convention on the Rights of Persons with Disabilities, in Making Rights Real 27 (Jody Heymann & Adele Cassola eds., 2012) (with Janet E. Lord).
Co-author, General Provisions Dealing with Equality, in Routledge Handbook of Constitutional Law ___ (Mark Tushnet et al. eds., 2012) (with Brun-Otto Bryde).
Co-author, The United States, Disability Law and Policy, and the CRPD, in On the Road to Inclusion: Implementing the UNCRPD in G20 Countries 319 (Helmut Reifeld & Maria Michalk eds., 2012) (with Janet E. Lord).
Co-author, Introduction, in Disability and Equality Law ___ (Elizabeth F. Emens & Michael Ashley Stein eds., 2012) (with Elizabeth F. Emens).
Co-author, The Law and Politics of U.S. Participation in the UN Convention on the Rights of Persons with Disabilities, in Human Rights in the United States: Beyond Exceptionalism 199 (Shareen Hertel & Kathryn Libal eds., 2011) (with Janet E. Lord).
Co-author, Ensuring Respect for the Rights of People with Disabilities, in The Human Impact of Natural Disasters: Issues for the Inquiry-Based Classroom 77 (Valerie Ooka Pang, William R. Fernekes & Jack L. Nelson eds., 2010).
Co-author, The United States and the Convention on the Rights of Persons with Disabilities, in 2 European Yearbook of Disability Law 29 (Gerard Quinn & Lisa Waddington eds., 2010) (with Janet E. Lord & Penelope J.S. Stein) (peer-reviewed publication).
Co-author, Future Prospects for the United Nations Convention on the Rights of Persons with Disabilities, in The UN Convention on the Rights of Person with Disabilities: European and Scandinavian Perspectives 17 (Gerard Quinn & Oddný Mjöll Arnardóttir eds., 2009) (with Janet E. Lord). SSRN.
Co-author, Disability, Disparate Impact and Class Actions, in Employment Class and Collective Actions 593 (David Sherwyn ed., 2009) (with Michael E. Waterstone).
Co-author, The United Nations Convention on the Rights of Persons with Disabilities, Process, Substance, and Prospects, in International Human Rights Law in a Global Context 495 (Felipe Gomez Isa & Koen De Feyter eds., 2009) (with Janet E. Lord). SSRN.
Co-author, Comparative Perspectives on Ratifying and Implementing the UN Convention on the Rights of Persons with Disabilities, in Protecting and Promoting the Rights of Persons with Disabilities in Europe: Towards Full Participation, Inclusion and Empowerment 47 (Council of Europe ed., 2009).
Co-author, Natural Disasters and People with Disabilities, in Law and Recovery from Disaster: Hurricane Katrina 71 (Robin Paul Malloy ed., 2009) (with Janet E. Lord and Michael E. Waterstone). SSRN.
Co-author, Participatory Justice, the UN Disability Human Rights Convention, and the Right to Participate in Sport, Recreation, and Play, in The United Nations Convention on the Rights of Persons with Disabilities: Multidisciplinary Perspectives 226 (Jukka Kumpuvuori & Martin Scheinin eds., 2009) (with Janet E. Lord) SSRN.
Workplace Disability, in Labor and Employment Law and Economics 342 (Kenneth G. Dau-Schmidt, Seth D. Harris and Orly Lobel eds., 2009).
Co-author, The United Nations Convention on the Rights of Persons with Disabilities as a Vehicle for Social Transformation, in National Monitoring Mechanisms of the Convention on the rights of Persons with Disabilities 109 (Comisión Nacional de los Derechos Humanos de México, Network of the Americas & Office of the United Nations High Commissioner for Human Rights 2008) (with Janet E. Lord) [English original, with Spanish and French translation]. SSRN.
Co-author, The Normative Value of a Treaty as Opposed to a Declaration: Reflections from the Convention on the Rights of Persons with Disabilities, in Implementing the Right to Development: The Role of International Law 27 (Stephen P. Marks ed., 2008) (with Janet E. Lord). SSRN.
The Law and Economics of Disability Accommodations, in III New York University Selected Essays on Labor and Employment Law (2006).
Empirical Implications of Title I, in Disability Rights 363 (2005).
Co-author, From Plessy (1896) and Goesart (1948) to Cleburne (1985) and Garrett (2001): A Chill Wind From the Past Blows Equal Protection Away, in Backlash Against the ADA: Reinterpreting Disability Rights (Corporealities: Discourses on Disabilities) 221 (Linda Hamilton Krieger ed., 2003) (with Anita Silvers).
Co-author, Essentially Empirical: The Role of Biological and Legal Classification in Effectively Prohibiting Genetic Discrimination, in Science and Other Cultures: Issues in Philosophies of Science and Technology 129 (Robert Figueroa & Sandra Harding eds., 2003) (with Anita Silvers).
Labor Markets, Rationality, and Workers with Disabilities, in Foundations of Employment Discrimination Law 539 (John J. Donohue III ed., 2003).
Market Failure and ADA Title I, in Americans with Disabilities: Exploring Implications of the Law for Individuals and Institutions 193 (Leslie Pickering Francis & Anita Silvers eds., 2000).
Employing People with Disabilities: Some Cautionary Thoughts for a Second Generation Civil Rights Statute, in Employment, Disability, and the Americans with Disabilities Act: Issues in Law, Public Policy, and Research 51 (Peter David Blanck ed., 2000).

Other

Co-author, Symposium Issue, Implications of the UN Disability Convention for Refugees and Internally Displaced Persons with Disabilities, 27 Ariz. J. Int'l Comp. L. ____ (forthcoming 2011) (with Janet E. Lord).
Symposium Issue, China and Disability Rights, 32 Loy. L.A. Int'l & Comp. L. Rev. ___ (forthcoming 2011).
Co-author, Symposium Issue, Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation and Play, 27 BU Int'l L.J. 249 (2009) (with Janet E. Lord). SSRN.
Co-author, Tennessee v. Lane, in 3 Encyclopedia of American Disability History 895 (Susan Burch ed. 2009) (with Martha A. Field).
Co-author, Youngberg v. Romeo, in 3 Encyclopedia of American Disability History 988 (Susan Burch ed. 2009) (with William P. Alford).
Co-author, Disability, in 2 Oxford International Encyclopedia of Legal History 334 (Stanley N. Katz et al., eds. 2009) (with Penelope J.S. Stein and Peter Blanck).
Co-author, Ratify the UN Disability Treaty, Foreign Policy in Focus (July 9, 2009) (with Janet E. Lord). Available here.
Co-author, The Committee on the Rights of Person with Disabilities: An Opportunity to Provide Guidance on CRPD Interpretation and Engage with the Disability Community, 58 Int’l Rehab. Rev. 2 (2009) (with Janet E. Lord).
Book review, 20 Euro. J. Int’l. L. 922 (2009) (reviewing Margot E. Salomon, Global Responsibility For Human Rights: World Poverty And The Development Of International Law (2008)).
Co-author, Health Care and the UN Disability Rights Convention, 374 Lancet 1796 (2009) (with P.J.S Stein et al.) (peer-reviewed).
Co-author, Book Review, 27 L. & Hist. Rev. 470 (2009) (reviewing Susan Burch and Hannah Joyner, Unspeakable: The Story of Junius Wilson) (with Aviam Soifer).
Co-author, Challenges in Realizing the Right to Live in the Community, in Focus On Article 19 Of The UN Convention On The Rights Of Persons With Disabilities 37 (European Coalition for Community Living 2009) (with Gerard Quinn).
Book review, 68 Cam. L.J. 475 (2009) (reviewing Freedom from Poverty as a Human Right (Thomas Pogge ed. 2007)).
Co-author, Symposium Issue, The Domestic Incorporation of Human Rights Law and the United Nations Convention on the Rights of Persons with Disabilities, 83 U. Wash. L. Rev. 449 (2008) (with Janet E. Lord). SSRN.
Co-author, Symposium Issue, Jacobus tenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, 13 Tex. J. C.L. & C.R. 167 (2008) (with Janet E. Lord). SSRN.
Book review, 4 Rev. Disability Stud. 60 (2008) (reviewing Disability in Local and Global Worlds (Benedicte Ingstad & Susan Reynolds Whyte eds., 2008)) (peer-reviewed).
Book Review, 26 Law & Hist. Rev. 201 (2008) (reviewing R.W. Kostal, A Jurisprudence of Power: Victorian Empire and the Rule of Law (2005)).
Co-author, Symposium Issue, Beyond Disability Civil Rights, 58 Hastings L.J. 1203 (2007) (with Penelope J.S. Stein). SSRN.
A Quick Overview of the United Nations Convention on the Rights of Persons with Disabilities, 31 Mental & Physical Disability L. Rep. 679 (2007).
Lessons from the Americans with Disabilities Act Experience: Proceedings of a Conference at Renmin University Law School on Implementing the United Nations Convention on the Rights of Persons with Disabilities (2007) (Chinese translation).
Book Review, 66 Cam. L.J. 243 (2007) (reviewing Engaging the Law in China: State, Society, and Possibilities for Justice (Neil J. Diamant et al. eds., 2005)).
Symposium Issue, Foreword: Disabling Brown, 14 Wm. & Mary Bill Rts. J. 1421 (2006).
Co-author, Symposium Issue, Disability and Employment Discrimination at the Rehnquist Court, 75 Miss. L.J. 945 (2006) (with Anita Silvers & Michael E. Waterstone).
Co-author, Emergency Preparedness and People with Disabilities, 30 Mental & Physical Disability L. Rep. 338 (2006) (with Michael E. Waterstone).
Co-author, Book Review, Bodies of Difference: Experiences of Disability and Institutional Advocacy in the Making of Modern China, 33 J.L. Soc'y 485 (2006) (reviewing Matthew Kohrman, Bodies of Difference: Experiences of Disability and Institutional Advocacy in the Making of Modern China (2005)) (with Penelope J.S. Stein).
Book Review, Eur. L. Books, Apr. 10, 2006 (reviewing Disability Rights in Europe: From Theory to Practice (Anna Lawson & Caroline Gooding eds., 2005)). Available here.
Book Review, 65 Cam. L.J. 464 (2006) (reviewing Non-State Actors and Human Rights) (Philip Alston ed., 2005).
The Definition of Disability in the Americans with Disabilities Act: Its Successes and Shortcomings, 9 Emp. Rts. & Emp. Pol'y J. 473 (2005) (proceedings of the 2005 Annual Meeting, Association of American Law Schools Joint Sections on Employment Discrimination Law, Labor Relations and Employment Law and Law, Medicine and Health).
The Challenge of Disability Human Rights, 2005 Proceedings of the 20th Anniversary Celebration of the Harvard Law School Human Rights Program: Speeches, Panels, and Roundtables held at Harvard Law School on October 2004 106.
Americans with Disabilities Act Policy Implications for Reforming Japanese Disability Employment Law, Japan Disability F. Bull., Apr. 2005 (proceedings of a presentation to the Japan Diet (Parliament)) (Japanese translation).
Book Review, 63 Cam. L.J. 778 (2004) (reviewing P.W.J. Bartrip, The Home Office and the Dangerous Trades: Regulating Occupational Disease in Victorian and Edwardian Britain (2002)).
Symposium Issue, Foreword: Disability and Identity, 44 Wm. & Mary L. Rev. 907 (2003).
Symposium Issue, Remembering Andrew I. Batavia, 14 Stan. L. & Pol'y Rev. 351 (2003).
Book Review, 63 Cam. L.J. 771 (2003) (reviewing Matt Cavanagh, Against Equality of Opportunity (2002)).
Book Review, 63 Cam. L.J. 773 (2003) (reviewing Robert Post et al., Prejudicial Appearances: The Logic of American Antidiscrimination Law (2001)).
Book Review, 62 Cam. L.J. 508 (2003) (reviewing Mark Bell, Anti-Discrimination Law and the European Union (2002)).
Co-author, Symposium Issue, Disability, Equal Protection, and the Supreme Court: Standing at the Crossroads of Progressive and Retrogressive Logic in Constitutional Classification, 35 U. Mich. J.L. Reform 81 (2002) (with Anita Silvers).
Symposium Issue, War, Society, and Disability: Some Thoughts on Applying Under-Utilized Methodologies, 11 J. Transnat'l L. & Contemp. Probs. 107 (2002).
Book Review, 44 Am. J. Legal Hist. 446 (2002) (reviewing Private Law and Social Inequality in the Industrial Age (Willibald Steinmetz ed., 2000)).
Book Review, 21 Law & Hist. Rev. 412 (2002) (reviewing Human Rights and Legal History: Essays in Honour of Brian Simpson (Katherine O'Donovan & Gerry R. Rubin eds., 2000)).
Discrimination: Disabled, in 3 Dictionary of American History 47 (3d ed. 2002).
Americans with Disabilities Act, in 1 Dictionary of American History 172 (3d ed. 2002) (with Paul Longmore).
Book Review, 61 Cam. L.J. 736 (2002) (reviewing Anthony Brundage, The English Poor Laws, 1700-1930 (2002)).
Book Review, 61 Cam. L.J. 469 (2002) (reviewing David Wright, Mental Disability in Victorian England: The Earlswood Asylum 1847-1901 (2001)).
Hardball, Politics, and the NLRB, 22 Berkeley J. Emp. & Lab. L. 507 (2001).
Symposium Issue, Disability and Post-ADA Employment Effects: Alternative Approaches to Traditional Economic Analysis, in Emerging Workforce Issues: W.I.A., Ticket to Work, and Transition 95 (L. Robert McConnell ed., 2001).
Symposium Issue, Labor Markets, Rationality, and Workers with Disabilities, 21 Berkeley J. Emp. & Lab. L. 314 (2000).
Symposium Issue, Empirical Implications of Title I, 85 Iowa L. Rev. 1671 (2000).
Symposium Issue, Uniformity in the Federal Courts: A Proposal for Increasing the Use of En Banc Appellate Review, 53 U. Pitt. L. Rev. 805 (1993).
Book Review, Scholarly Reflections, 101 Harv. L. Rev. 865 (1988) (reviewing Archibald Cox, The Court and the Constitution (1987)).

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