Curriculum Vitae

Stuart M. Benjamin

Office Address:

Duke University School of Law
Science Drive & Towerview Road
Box 90360, Durham NC 27708-0360
benjamin@law.duke.edu

Education:

Yale Law School, J.D., 1991
Yale Law Journal, Volume 100: Book Review Editor
Yale College, B.A., Summa Cum Laude, in History, 1987
Phi Beta Kappa
Derby Lang Prize for the best senior essay in classical studies

Publications

Articles

Who’s Afraid of the APA? What the Patent System Can Learn from Administrative Law, 95 Georgetown Law Journal (forthcoming 2007) (with Arti K. Rai)
Evaluating E-Rulemaking: Public Participation and Political Institutions, 55 Duke Law Journal 893-941 (2006)
Evaluating the FCC’s National Television Ownership Cap: What’s Bad for Broadcasting Is Good for the Country, 46 William & Mary Law Review 439-511 (2004)
Spectrum Abundance and the Choice Between Private and Public Control, 78 New York University Law Review 2007-2102 (2003).
The Logic of Scarcity: Idle Spectrum as a First Amendment Violation, 52 Duke Law Journal 1-111 (2002).
Proactive Legislation and the First Amendment, 99 Michigan Law Review 281-364 (2000).
Stepping into the Same River Twice: Rapidly Changing Facts and the Appellate Process, 78 Texas Law Review 269-373 (1999).
Equal Protection and the Special Relationship: The Case of Native Hawaiians, 106 Yale Law Journal 537-612 (1996).
The Applicability of Just Compensation to Substantive Due Process Claims, 100 Yale Law Journal 2667-86 (1991).

Books

Telecommunications Law and Policy (2nd ed 2006 & 1st ed. 2001) (with Douglas Lichtman, Howard Shelanski, and Phil Weiser)

Experience

Fall 2003 - the present	Duke University School of Law: Professor of Law Teaching and Research Areas: Telecommunications Law Administrative Law Law and Technology First Amendment Native American Law
January 2005 - the present	Duke University School of Law: Associate Dean for Research Develop and implement initiatives designed to enhance faculty scholarly productivity and the intellectual climate of the Law School
Fall 2001- Fall 2003	University of Texas School of Law: Rex G. & Edna Baker Professor in Constitutional Law
Fall 1997- Fall 2001	University of San Diego School of Law: Associate Professor
Spring 2001	University of Texas School of Law: Visiting Associate Professor
Fall 2000	University of Pennsylvania Law School: Visiting Associate Professor
Sept. 1996 - June 1997	Professor Laurence Tribe: Associate Drafted appellate briefs and revisions to Constitutional Law treatise
1995-1996	Justice David H. Souter, United States Supreme Court: Law clerk
Winter 1992 - Summer 1995	United States Department of Justice, Office of Legal Counsel: Attorney-advisor Drafted legal opinions and provided legal advice to the Executive Branch on questions of federal statutory and constitutional law; reviewed proposed legislation for constitutionality; briefed and argued Applegate v. United States, 25 F.3d 1579 (Fed. Cir. 1994), a takings case
Autumn 1992	Legal Resources Centre, Port Elizabeth, South Africa: Staff attorney Assisted in trial preparations for a major land claim on behalf of the Mfengu of Tsitsikamma, who were removed from their land in 1977
1991-1992	Judge William C. Canby, Jr., United States Court of Appeals for the Ninth Circuit, Phoenix, Arizona: Law clerk
Summer 1991	United States Department of Justice, Environment Division, Appellate Section: Summer law clerk Wrote the United States’ brief in Wyoming ex rel. Sullivan v. Lujan, 969 F.2d 877 (10th Cir. 1992), a standing case
Summer 1990	Shea & Gardner, Washington, DC: Summer associate Orrick, Herrington & Sutcliffe, San Francisco, CA: Summer associate
Summer 1989	Tuttle & Taylor, Los Angeles, California: Summer associate
1987-1988	Wuhan Urban Design Institute, Hubei, China: Instructor Taught English to students in a Chinese university and studied Mandarin
Summer 1986	Black Sash, Johannesburg, South Africa: Caseworker Served as a caseworker advising black South Africans on their rights and remedies in areas including immigration, labor and housing
1984 - the present	Starmount Company, Greensboro, North Carolina: Member of the Board Direct the operations of a privately held real estate company