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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 and former dean for faculty and research (2016-2020), teaches U.S. Constitutional Law, European Union Law, Comparative Constitutional Law, and Global Governance. An internationally recognized expert on constitutional law and federalism, and one of the principal architects of the theory of constitutional pluralism, he writes more generally about comparative public law and legal theory.

Professor Halberstam was the founding faculty director of the University’s EU Center in 2000, and continues to serve as director of the Law School's European Legal Studies Program. He lectures regularly throughout Europe, having held a position as external professor in the European Law Department at the College of Europe, Bruges, from 2007 to 2016, and delivered the General Course on the European Union at the European University Institute in Florence in 2012. Professor Halberstam was a Fellow at the Institute for Advanced Study (Wissenschaftskolleg), Berlin, subsequently joined the Institute's advisory board, and served as a member of Germany's joint federal-state university excellence commission. He also serves on several advisory editorial boards, including the Common Market Law Review.

Professor Halberstam was a member of the legal team in the Brexit litigation in the UK Supreme Court, convened a closed-door working group in Berlin of European policymakers and officials on EU accession to the European Convention on Human Rights, and serves on the academic steering committee of the Luxembourg Forum, which brings together the justices of the U.S. Supreme Court and the Court of Justice of the European Union for joint meetings.

Professor Halberstam joined the Michigan Law faculty 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. Professor Halberstam served as attorney-adviser to Federal Trade Commission Chairman Robert Pitofsky, and clerked for The Hon. Patricia Wald of the U.S. Court of Appeals, District of Columbia Circuit, and for U.S. Supreme Court Justice David H. Souter. He also was a judicial fellow for Judge Peter Jann at the European Court of Justice.

Recent Publications

More Publications...

"'A People for Certain Purposes': On the History and Philosophy of Federalism(s) in the United States and Europe." In Traveaux Preparatoires of the European Community, edited by S. Vogenauer and M. Rasmussen. Forthcoming.
Full Text: SSRN

"Anti-Hegemony and its Discontents: On Germany in Europe," VerfassungsBlog 2020/10/14.
Full Text: SSRN | WWW

"How Europe Brought Judicial Review to France: A Response to Bruce Ackerman." In Revolutionary Constitutionalism: Law, Legitimacy, Power, edited by Richard Albert. Hart Publishing, 2020.
Full Text: SSRN

"Miller and Northern Ireland: A Critical Constitutional Response." Christopher McCrudden, co-author. In The UK Supreme Court Yearbook, edited by D. Clarry, 8, 299-343. Cambridge: Appellate Press, 2018.
Full Text: SSRN

"Joseph Weiler, Eric Stein, and the Transformation of Constitutional Law." In The Transformation of Europe: Twenty-Five Years On, edited by Miguel Poiares Maduro and Marlene Wind, 219-33. Cambridge: Cambridge University Press, 2017.
Full Text: SSRN

"Commentary on The Emerging Constitutional Indigenous Peoples Land Rights in Tanzania." J.L. Prop. & Soc'y 2 (2016): 223-7.
Full Text: HEIN (UMich users) | HEIN | WWW

"Introductory Note to Opinion 2/13 of the Court (C.J.E.U.)." Int'l Legal Materials 55, no. 2 (2016): 267-306.
Full Text: HEIN (UMich users) | HEIN | Westlaw | JSTOR (UMich users) | JSTOR


Served as a member of the German government's federal-state Excellence Commission on University Funding, Bonn, July 2019.

Served as a member of the Max Planck Society's Research Field Commission (Law), Munich, July 2019.

Participated as a member of the German Joint Federal/State Commission to fund "Excellence Clusters" at German universities, Bonn, September 2018.

Presented a paper on judicial review in France at the Revolutionary Constitutionalism conference, Yale Law School, August 2018.

Participated as an external editor at a workshop on German constitutionalism, Konrad Adenauer Stiftung, Cadenabbia, Italy, August 2018.

Presented "The Structural Imbalance of the European Union: A Constitutional Assessment" at the Inaugural Eric Stein Memorial Lecture, Charles University, Prague, December 2017.

Presented "The Timing of Elections in the European Union: A Comparative Federal Analysis" at the European Election Day Workshop, The Graduate Institute, Geneva, September 2017.

Presented "Federalism, Constitutionalism, and European Union: Beyond Traveaux Préparatoires" at the Treaties as Travaux Préparatoires: Conference on the 60th Anniversary of the Treaties of Rome, Max Planck Institute for European Legal History, Frankfurt, June 2017.

Presented "Constitutionalism and Pluralism in Europe (Even After Brexit)" at the Normative Orders Cluster, Goethe University, Frankfurt, June 2017.

Presented the keynote speech, "On High Court Media Relations and Judicial Appointments," at Heidelberger Gesprächskreis (Meeting of European Constitutional and Supreme Court Judges), Heidelberg, Germany, May 2017.

Presented "Economic Governance in Federal Systems” at the Economic Constitutionalism Workshop, Columbia Law School, New York, April 2017.

Presented "Three Conditions of Mutual Trust" at the Luxembourg Forum, U.S. Supreme Court, Washington, D.C., April 2017.

Presented "'The Right to be Forgotten' in Comparative Perspective" at the Luxembourg Forum, U.S. Supreme Court, Washington, D.C., April 2017.