Loyola University Chicago

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Loyola University Chicago

School of Law

Administration & Staff

Michael J. Kaufman

Title/s: Professor and Associate Dean for Academic Affairs
Director of Education Law and Policy Institute

Office #: Corboy 1235

Phone: 312.915.7143

E-mail: mkaufma@luc.edu

About

Michael J. Kaufman's SSRN Website

Dean Kaufman has published dozens of books and countless law review articles in the areas of his expertise, including education law and policy, securities regulation and litigation, civil procedure and jurisprudence. After graduating from Kenyon College magna cum laude, Dean Kaufman received his J.D. from the University of Michigan Law School where he won the Law School's prestigious American Judicature Society Award, and was the Senior Editor of the University of Michigan Yearbook of International Legal Studies. After law school, he clerked for the Honorable Nathanial R. Jones of the United States Court of Appeals for the Sixth Circuit and then practiced securities and civil rights litigation in one of the world’s largest law firms. Dean Kaufman also was elected to three terms on the Board of Education of a large, diverse school district in the Chicago area, serving as the Board's President and Vice-President. In addition, Dean Kaufman is a Public Arbitrator for securities disputes and delivers bar examination review lectures for thousands of law students throughout the country each year in the areas of civil procedure, federal jurisdiction, agency and business organizations.

Degrees

B.A., magna cum laude, Kenyon, 1980
M.A., Michigan, 1983
J.D., Michigan, 1983

Research Interests

Dean Kaufman publishes significant works of scholarship in four major areas: (1) education law and policy; (2) securities regulation and litigation; (3) civil procedure, and (4) jurisprudence.

The cornerstone of his education law scholarship is his casebook entitled, Education Law, Policy and Practice: Cases and Materials (1st ed. 2005, 2d ed. 2009, Aspen). That book, which is accompanied by a Teacher's Manual, has become one of the leading texts used in both law school and graduate school classes devoted to education law and policy. Although it includes all of the essential materials to be used in a variety of education law classes, the book also contains an analysis and a synthesis of all of the key issues in education law, including the right to education, equitable funding, racial and gender equality, church-state relations, the rights of students, the rights and responsibilities of teachers and access to preschool education. Each of these issues is also a subject of Dean Kaufman's additional scholarship in the field, which has been published in numerous law reviews. He has, for example, published highly acclaimed articles regarding the Supreme Court's recent approach to racial desegregation in the University of Michigan's Journal of Race and the Law, the Hastings Constitutional Law Quarterly and the University of Richmond Law Review. He has also pursued the issue of gender equality in a Buffalo Law Review article addressing the need to reconcile the legal principle of equality with the pedagogical benefits of gender differentiation. Because of his prominence in the field, he was selected to present his work at the recent University of Michigan Law School Conference entitled "From Proposition 209 to Proposal 2: Examining the Effects of Anti-Affirmative Action Voter Initiatives." Dean Kaufman continues to explore the issue of constitutional integration strategies in his ongoing work in this area. In addition, he has developed a particular scholarship niche in the area of preschool education. Dean Kaufman's casebook contains a section on preschool (the only casebook to do so), and he organized the first national conference on universal preschool, which was held recently at Loyola University Chicago. This conference was very well-attended by both academics and professionals in the field. He is currently working on a series of law review articles that address the right to pre-K education and the political-economy of preschool choice.

At the same time, Dean Kaufman has published extremely influential books and articles in the area of securities regulation and litigation. His multi-volume treatise, entitled Securities Litigation: Damages, first published by West in 1985, is now in its 26th edition. West continues to issue new editions because of the treatise's prominence in the field. It is cited frequently by scholars, practitioners and judges. In addition, Dean Kaufman's latest book, Expert Witnesses: Securities Cases (West 2010-11), integrates the law of evidence governing expert testimony with the substantive doctrine of securities law. He has also authored dozens of articles in this area, including his recent article in the William & Mary Law Review regarding the proper statute of limitations for securities fraud cases and his path breaking article about private rights of action under the federal securities laws published in the Washington University Law Quarterly. He has authored a series of articles which deal with the judicial assault on private rights of action published in the University of Michigan Journal of Law Reform, the Stanford University Journal of Law, Business and Finance, and the Cornell Journal of Law and Public Policy. Dean Kaufman continues to write regularly in this area, publishing new editions of his treatises every year and examining the judicial and legislative trends in law review articles published at least once a year.

In the field of civil procedure, Dean Kaufman is a leading authority in the area of Illinois civil litigation. He has published the most widely used treatises in this field. His Illinois Civil Trial Procedure book was completely revised in 2009, and is now in its 12th edition. His book entitled Depositions: Law, Strategy and Technique, is now in its 3rd edition, and appears in both a law school edition and a practitioner edition. He has also annually authored the Supplement to the multi-volume treatise, Illinois Civil Procedure Before Trial, for the last 20 years. His civil procedure treatises have been cited numerous times by courts, including by the United States Supreme Court. His scholarship in nuanced areas of civil procedure also has been published in many law review articles over the past two decades.

Finally, Dean Kaufman has also developed a strong record of published work in the area of jurisprudence. His article on the value of friendship in law and literature, published in the Fordham Law Review, has generated tremendous attention, as has his article on rhetorical questions of equality and justice in educational opportunities, published in the Loyola Chicago Law Journal. He is developing this aspect of his scholarship agenda in a new article that juxtaposes the Supreme Court's education law jurisprudence with the Court's unstated assumptions about the learning process.

Courses Taught

Business Organizations

Civil Procedure

Comparative Education Law

Education Law Practicum

Education Law and Policy

Securities Litigation Seminar

Securities Regulation

Publications

Books

The Use of Experts in Securities Fraud Cases (West 2010-11)

Securities Litigation Damages, vol. 26 (West 2010-11 ed.)

Securities Litigation Damages, vol. 26A (West 2010-11 ed.)

Illinois Civil Trial Procedure (West, 2011 ed.)

Education Law, Policy and Practice: Cases and Materials (Second Edition, Aspen 2009)

Illinois Civil Procedure Before Trial, vols. 3 and 4 (West, 2008 ed.)

Depositions: Procedure, Strategy and Technique (with Lisnek) (West, 3rd ed. 2011)

Education Law, Policy and Practice: Cases and Materials First Edition (Aspen, 2005)

Securities Litigation: Damages (West Group, 2000; revised annually)

Illinois Civil Procedure Before Trial, vols. 3 and 4 (West Publishing Company, Supplement 2010); (revised annually)

Illinois Civil Trial Procedure (West Publishing Company, 2000); revised annually

Depositions: Procedure, Strategy and Technique (West Publ., 2d ed. 1995; revised 2003)

 

Articles

Messy Mental Markers: Inferring Scienter from Core Operations in Securities Fraud Litigation, 73 Ohio State Law Journal, 1 (forthcoming 2012)

The Judicial Access Barriers to Remedies for Securities Fraud, 75 Law and Contemporary Problems, 55 (2012)

Fraud Created the Market, 63 Alabama Law Review 275 (2012)

Toward a Just Measure of Repose: the Statute of Limitations for Securities Fraud, 52 William and Mary Law Review, 1547 (2011)

Section 16(b) and its Limitations Period: the Case for Equitable Tolling, 39 Securities Regulation Law Journal, 169 (2011)

The Unjustified Judicial Creation of Class Certification Merits Trials in Securities Fraud Actions, 43 U. Mich.J. Law Ref. 323 (Winter 2010) (with J. Wunderlich)

Resolving the Continuing Controversy Regarding Confidential Informants in Private Securities Fraud Litigation, 19 Cornell J. Law and Pol. 637 (Summer 2010) (with J. Wunderlich)

Regressing: The Troubling Dispositive Role of Event Studies in Securities Fraud Litigation, 15 Stan.J.Law, Bus. & Fin. 183 (Fall 2009) (with J. Wunderlich)

From Proposition 209 to Proposal 2: Examining the Effects of Anti-Affirmative Action Voter Initiatives, 13:2 Mich.J. Race & L. 461 (Spring 2008) (transcription).

Congress, The Supreme Court and the Proper Role of Confidential Informants in Securities Fraud Litigation, 36 Sec.Reg.L.J. 345 (2008) (with J. Wunderlich).

PICS in Focus: A Majority of the Supreme Court Reaffirms the Constitutionality of Race-Conscious School Intergration Strategies, 35 Hastings Const. L. Q. 1 (2007)

(Still) Constitutional De-Segregation Strategies: Teaching Racial Literacy to Secondary School Students and Preferencing Racially-Literate Applicants to Higher Education, 13:1 Mich. J. Race & L. 147 (2007)

Reading, Writing and Race: The Constitutionality of Educational Strategies Designed to Teach Racial Literacy, 41 U. Richmond L. Rev. 101 (2007)

Nationalizing Ethical Standards for Securities Lawyers, 46 Washburn L. Rev. 109 (2006)

At a Loss: Congress, the Supreme Court and Causation Under the Federal Securities Law, 12 N.Y.U. J. L. & Bus. 1 (2005)

Beyond Presumptions and Peafowl: Reconciling the Legal Principle of Equality with the Pedagogical Benefits of Gender Differentiation, 53 Buff. L. Rev. 101 (2005)

Rhetorical Questions Concerning Justice and Equality in Educational Opportunities, 36 Loy.U.Chi. L.J. 495 (2005) [article]

Loss Causation Revisited, 32 Sec. Reg. L. J. 357 (2004)

A Model Resource for Students and Practitioners of Business Law and Ethics: A Review of Professor Marc I. Steinberg's Lawyering and Ethics for the Business Attorney, 28 J.Corp. L. 313 (2003)

Mending the Weathered Jurisdictional Fences in the Supreme Court's Securities Fraud Decisions, 49 S.M.U.L.Rev. 159 (1996)

New Frontier in Securities Litigation: Do Interests in Limited Liability Companies Constitute Securities? 4 ABA Sec.Litig.Nw.2 (1995)

A Little "Right" Musick: The Unconstitutional Judicial Creation of Private Rights of Action Under Section 10 (b) of the Securities Exchange Act, 72 Wash. U.L.Q. 287 (1994)

The Value of Friendship in Law and Literature, 60 Ford. L.Rev. 645 (1992)

Loss Causation: Exposing a Fraud on Securities Law Jurisprudence, 24 Ind. L. Rev. 357 (1991)

The Uniform Rule of Liability Under the Federal Securities Laws: The Judicial Creation of a Comprehensive Scheme of Investor Insurance, 63 Temple L.Rev.61 (1990)

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