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Pennie Newell

Civil procedure, class action, federal courts, jurisdiction

A. Benjamin Spencer

Professor of Law
J.D., Harvard Law School, 2001
M.Sc., London School of Economics, 1997
B.A., Morehouse College, 1996

An expert in the field of civil procedure and federal jurisdiction, Professor A. Benjamin Spencer joined the University of Virginia School of Law in 2014. Spencer has authored two books in the area of civil procedure, Acing Civil Procedure and Civil Procedure: A Contemporary Approach. Both are used widely by professors and students throughout the country.

Spencer previously served as professor, associate dean for research and director of the Frances Lewis Law Center at Washington and Lee University School of Law. He is a member of the American Law Institute and a member of the West Academic Law School Advisory Board. He serves on the Virginia State Bar Council and has served as a special assistant U.S. attorney for the Western District of Virginia, occasionally handling appellate cases in the Fourth Circuit on behalf of the government on a pro bono basis. In 2007, he was awarded the Virginia State Council of Higher Education “Rising Star” award, given to the most promising junior faculty member among all academic fields at all colleges and universities in Virginia. He was the first law professor to receive this award.

Prior to joining the Washington and Lee faculty, Spencer was an associate professor of law at the University of Richmond School of Law. He also formerly worked as an associate in the law firm Shearman & Sterling and as a law clerk to Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. He visited Virginia Law during the 2011-12 school year.

Spencer holds a B.A. from Morehouse College, a J.D. from Harvard Law School and a master of science from the London School of Economics, where he was a Marshall Scholar.

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SSRN Publications

Books (Including Monographs and Treatises):

Civil Procedure: A Contemporary Approach(Casebook) (Thomson West 2007).

Acing Civil Procedure: A Checklist Approach to Solving Procedural Problems (Thomson West, 2005).

"Obtaining Mareva-type Provisional Relief in New York State and Federal Courts," in Steven Gee, QC, ed., Commercial Injunctions (5th ed. 2004).

Articles and Other Scholarly Publications:

"The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation in Federal Court," 79 Fordham L. Rev. 2005 (2011).

"The Restrictive Ethos in Civil Procedure," 78 Geo. Wash. L. Rev. 353 (2010).

"Nationwide Jurisdiction for Our Federal Courts," 87 Denv. U. L. Rev. 325 (2010).(Available at Denver University Law Review)

"Iqbal and the Slide Toward Restrictive Procedure," 14 Lewis & Clark L. Rev. 185 (2010).

"Understanding Pleading Doctrine," 108 Mich. L. Rev. 1 (2009).

"Pleading Civil Rights Claims in the Post-Conley Era," 52 How. L.J. 99 (2008).

"Plausability Pleading," 49 B.C. L. Rev. 431 (2008). (Available at Westlaw)

"Anti-Federalist Procedure," 64 Wash. & Lee L. Rev. 233 (2007).

"Mistretta v. United States," in The Encyclopedia of American Civil Liberties (Routledge, 2006) (solicited entry for legal encyclopedia).

"Jurisdiction to Adjudicate: A Revised Analysis," 73 U. Chi. L. Rev. 617 (2006).

"Jurisdiction and the Internet: Returning to Traditional Principles to Analyze Network-Mediated Contacts," 2006 U. Ill. L. Rev. 71 (2006).

"Due Process and Punitive Damages: The Error of Federal Excessiveness Jurisprudence," 79 S. Cal. L. Rev. 1085 (2006).

"Terminating Calder: 'Effects' Based Jurisdiction in the Ninth Circuit after Schwarzenegger v. Fred Martin Motor Co.," 26 Whittier L. Rev. 197 (2004).

"Antitrust and the Information Age: Section 2 Monopolization Analyses in the New Economy," 114 Harv. L. Rev. 1623 (2001).

"Policing Diversity: Lessons From Lambeth, British Home Office, Policing and Reducing Crime Unit, Paper 121" (2000). (Available at http://www.homeoffice.gov.uk/rds/prgpdfs/fprs121.pdf)

"Recent Case Comment, Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc.," 113 Harv. L. Rev. 627 (1999).
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