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Halberstam, Daniel

Eric Stein Collegiate Professor of Law
Director, European Legal Studies Program

342 Hutchins Hall

Daniel Halberstam, the Eric Stein Collegiate Professor of Law, teaches and writes on U.S. constitutional law, comparative constitutional law, European Union law, and global governance. An internationally recognized expert on constitutional law and federalism, Prof. Halberstam focuses on comparative public law and legal theory. He is one of the principal architects of the theory of constitutional pluralism. Prof. Halberstam serves as director of the Law School's European Legal Studies Program. He lectures regularly throughout Europe and holds a position as external professor in the European Law Department at the College of Europe, Bruges. Prof. Halberstam was a fellow at the Institute for Advanced Study (Wissenschaftskolleg), Berlin, in 2009-2010, and now serves on the Institute's advisory board. He also serves on several advisory editorial boards, including Cambridge Studies in European Law and Policy (CUP) and the Common Market Law Review. In 2012, Prof. Halberstam delivered the General Course on the European Union, an invited set of lectures that anchor the European University Institute's annual Academy of European Law. In 2013, he was named chair of the advisory board of the Max Planck Institute for Comparative Public and International Law, Heidelberg. In 2014, Prof. Halberstam organized and chaired substantive discussions at a joint meeting in Luxembourg of the Court of Justice of the European Union and the U.S. Supreme Court. He joined the faculty in 1999 from the U.S. Department of Justice, where he served in the Office of Legal Counsel during the Clinton administration. He holds a BA (mathematics and psychology), summa cum laude and Phi Beta Kappa, from Columbia College, and a JD from Yale Law School, where he was a Coker Fellow for Constitutional Law and articles editor of the Yale Law Journal. Prof. Halberstam served as attorney-adviser to Federal Trade Commission Chairman Robert Pitofsky, and clerked for the Hon. Patricia Wald (D.C. Circuit) and for U.S. Supreme Court Justice David H. Souter. Prof. Halberstam was also judicial fellow for Judge Peter Jann at the European Court of Justice.

Recent Publications

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​"Joseph Weiler, Eric Stein, and the Transformation of Constitutional Law." In Revisiting the Transformation of Europe, edited by M Wind and M. Maduro. Forthcoming.
Full Text: SSRN

"'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and a Way Forward." German L. J. 16, no. 1 (2015): 105-46.
Full Text: SSRN

Co-author. "Federalism and Legal Unification: Comparing Methods, Results, and Explanations Across Twenty Systems." M. W. Reimann, co-author. In Federalism and Legal Unification: A Comparative Empirical Investigation of Twenty Systems. 2nd ed., edited by D. H. Halberstam and M. W. Reimann. Ius Gentium: Comparative Perspectives on Law and Justice. Dordrecht, Netherlands: Springer, 2014.
Full Text: SSRN | SpringerLink (UMich users) | SpringerLink

Co-editor. Federalism and Legal Unification: A Comparative Empirical Investigation of Twenty Systems. 2nd ed. M. W. Reimann, co-editor. Ius Gentium: Comparative Perspectives on Law and Justice, 28. Dordrecht, Netherlands: Springer, 2014.
Full Text: SpringerLink (UMich users) | SpringerLink

"Internal Legitimacy and Europe's Piecemeal Constitution: Reflections on Van Gend at 50." In 50th Anniversary of the Judgment in Van Gend en Loos, 111-6. Luxembourg: Publications Office of the European Union, 2013.
Full Text: SSRN | WWW

"Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational, and Global Governance." In Constitutional Pluralism in the European Union and Beyond, edited by M. Avbelj and J. Komárek, 85-125. Oxford: Hart Publishing, 2012.
Full Text: SSRN

"Local, Global and Plural Constitutionalism: Europe Meets the World." In The Worlds of European Constitutionalism, edited by G. De Búrca and J. H. H. Weiler, 150-202. Cambridge Univ. Press, 2012.
Full Text: SSRN

Co-author. "In Memoriam: Eric Stein." S. R. Ratner and M. W. Reimann, co-authors. Am J. Int'l L. 106, no. 1 (2012): 98-101.
Full Text: ProQuest (UM users) | ProQuest

"Federalism: Theory, Policy, Law." In The Oxford Handbook of Comparative Constitutional Law, edited by M. Rosenfeld and A. Sajó, 576-608. Oxford: Oxford University Press, 2012.
Full Text: SSRN

​Co-editor. Federalism and Legal Unification: A Comparative Empirical Investigation of Twenty Systems. M. W. Reimann and J. A. Sanchez Cordero, co-editors. Instituto de Investigaciones Jurídicas / Doctrina jurídica, 620. Paris: International Academy of Comparative Law, 2012.



Served as a moderator for "The 'War on Terror' and the Rule of Law" and as a commentator for "Docket Management and the Role of Highest Courts" at the 2015 International Judicial Conference, Antalya, Turkey, May 2015.

Participated in a roundtable on "Law and Politics—The Potential of Difference" at The Max Weber Conference 2015: The Power of Constitutional Courts in a Global World, New York University, April 2015.

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