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Duane Rudolph

Assistant Professor of Law

“To study remedies is to understand why litigants care about the legal system and why the legal system exists. It is to study what kinds of claims matter, why they matter, when, where, and how they are rewarded with various kinds of judicial relief, by whom. The field of remedies is necessarily about the law’s forgotten, vulnerable, disenfranchised, and uncared-for peoples. They have often long been denied remedies of various sorts because the legal system has refused to honor their suffering with grants of remedial relief.”

  • Duane Rudolph’s work focuses on the continuing power of remedies in United States law, specifically the branch of American remedies law known as the equitable remedy, which is at least half of the American remedies system. As it draws on his training in the humanities, his work is interdisciplinary, and he argues in favor of the inherent human dignity of marginalized and disenfranchised peoples in American remedies law, both in its equitable and legal aspects. His work mainly focuses on labor-and-employment, property, water-rights, and torts cases. His work has argued in favor of women’s rights, the rights of religious minorities, of those with disabilities, and of organized labor, among others.

    Duane Rudolph has taught American law at the University of Maine School of Law (Civil Procedure, Conflict of Laws, Remedies, and Topics in Legal Practice), at Harvard Law School (water law), and at Peking University School of Transnational Law (Torts), to which he has returned. In addition, he has served as the Reginald F. Lewis Fellow for Law Teaching at Harvard Law School, has been a peer reviewer for Cambridge University Press, and has practiced American law at law firms in New York City. He has also been an intern at a public-interest organization in Boston, Massachusetts. In the humanities, he has taught at the University of Hawai’i at Manoa, at Cornell University, and at the Université Paris XII Val-de-Marne.

    • Torts I (two sections)

    • Torts II (two sections)

  • Articles

    • Of Moral Outrage in Judicial Opinions, 26 Wm. & Mary J. of Race, Gender, and Soc. Just.(2020)

    • When Should Water Belong to the Public?, 2019 Mich. State L. Rev. 1389 (2019) (invited)

    • Workers, Dignity, and Equitable Tolling, 15 Nw. J. Hum. Rts. 126(2017)

    • Why Prior Appropriation Needs Equity, 18 U. Denv. Water L. Rev. 348(2015)

    • How Violence Killed an American Labor Union, 67 Rutgers U. L. Rev. 1407 (2015)

    • How Equity and Custom Transformed American Waste Law, 2 Prop. L. J.1 (2015)

    Other Publications

    • Rereading Rabelais’ Sacred Noise, 29 Renaissance et Réforme/ Renaissance and Reformation 23 (2005).

    • Book Review, 31 Biography 2 (2008) (reviewing Franz Posset, Renaissance Monks: Monastic Humanism in Six Biographical Sketches (2004)).

    • Book Review, 28 Biography 2 (2005) (reviewing Andrea Frisch, The Invention of the Eyewitness: Witnessing and Testimony in Early Modern France (2005)).

    • Denis Crouzet, A Law of Difference in the History of Difference: The First Edict of “Tolerance,” in Religious Differences in France: Past and Present (Kathleen Perry Long ed., Duane Rudolph, trans., 2006).

    • Christian Jouhaud, Religion and Politics in France during the Period of the Edict of Nantes (1598-1695), in Religious Differences in France: Past and Present (Kathleen Perry Long ed., Duane Rudolph, trans., 2006).

  • Harvard Law School, J.D., 2011

    Inaugural Winner, Student Paper Prize in Political Economy. Vorenberg Equal Justice Fellowship recipient.

    Cornell University, Ph.D., 2005

    Inaugural Winner, Award for Outstanding Service as a Graduate Teaching Assistant. Sage Fellowship for Graduate Study.

    Cornell University, M.A., 2001

    University of Zimbabwe, B.A. First Class Honours, 1997

    Full scholarship recipient from the French Government to study in La Réunion, France

    Full scholarship recipient from the Portuguese Government to study in Maputo, Mozambique

    Study Abroad:Bryn Mawr College, Institut d’Études Françaises d’Avignon, France, Summer 2000

    Full scholarship recipient

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