Earle K. Shawe 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. He also serves as an officer in the Judge Advocate General's Corps of the U.S. Army (Reserve).
Books (Including Monographs and Treatises):
Military Law: A Guide to the Law Governing U.S. Armed Forces (Forthcoming 2017).
Wright & Miller, 5A Federal Practice & Procedure (2016 Supplement) (Forthcoming).
Civil Procedure: A Contemporary Approach, 4th ed. (Casebook) (West Academic 2014).
Acing Civil Procedure: A Checklist Approach to Solving Procedural Problems, 4th ed. (West Academic 2014).
"Obtaining Mareva-type Provisional Relief in New York State and Federal Courts" (Steven Gee, QC, ed., 5th ed. 2014) (with Jordan Greenblatt).
Articles and Other Scholarly Publications:
"Rationalizing Cost Allocation in Civil Discovery," 34 Review of Litigation (forthcoming 2015).
"Supporting and Promoting Scholarly Life in Turbulent Times," 31 Touro L. Rev. 25 (2014).
"Pleading and Access to Justice: A Response to Twiqbal Apologists," 60 UCLA L. Rev. 1710 (2013).
SSRN | HeinOnline (PDF)
"Class Actions, Heightened Commonality, and Declining Access to Justice," 93 B.U. L. Rev. 441 (2013).
SSRN | HeinOnline (PDF)
"The Law School Critique in Historical Perspective," 69 Wash. & Lee L. Rev. 1949 (2012).
"The Judicial Power and the Inferior Federal Courts: Exploring the Constitutional Vesting Thesis," 46 Ga. L. Rev. 1 (2011).
"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).
Pleading in State Courts after Twombly and Iqbal, Pound Civil Justice Institute 2010 Forum for State Appellate Court Judges.
"Nationwide Personal Jurisdiction for Our Federal Courts," 87 Denv. U. L. Rev. 325 (2010). (Symposium on Civil Justice Reform).
"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).
"Anti-Federalist Procedure," 64 Wash. & Lee L. Rev. 233 (2007).
"Due Process and Punitive Damages: The Error of Federal Excessiveness Jurisprudence," 79 S. Cal. L. Rev. 1085 (2006).
"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).
"Mistretta v. United States," in The Encyclopedia of American Civil Liberties (Routledge, 2006) (solicited entry for legal encyclopedia).
"Terminating Calder: 'Effects' Based Jurisdiction in the Ninth Circuit after Schwarzenegger v. Fred Martin Motor Co.," 26 Whittier L. Rev. 197 (2004).
"Street Drinking in Camberwell: A Preliminary Assessment." London: Prepared for the London Borough of Southwark Grants & Community Safety Unit by The London School of Economics and South Bank University (2003).
"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).
"Recent Case Comment, Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc.," 113 Harv. L. Rev. 627 (1999).
- "Spencer: Chief Justice John Roberts and the Loss of Access to Justice" (Richmond Times-Dispatch, 01/14/2016)
- "Changing the Rules on Access to Justice" (American Constitution Society for Law and Policy, 06/12/2015)
- "As Law Schools Undergo Reform, Some Relax LSAT Requirements" (U.S. News & World Report, 04/02/2015)
- "Parties in Suit Against VIT Continue to Wait" (Inside Business, 12/19/2014)
- "Profs: SCOTUS Unlikely to Hear Asbestos Case On Federal Officer Removal Jurisdiction" (Bloomberg BNA, 09/29/2014)
- "Minnesota Supreme Court Refuses to Apply Iqbal, Twombly Standard to State Pleadings" (The United States Law Week, 08/12/2014)
- "Local Taxi Companies Staying Out of Uber, Lyft Lawsuit" (Inside Business, 07/25/2014)
- "W&L Law Professor Ben Spencer Logs Another Fourth Circuit Victory" (Washington and Lee University, 09/06/2011)