Daniel R. Ortiz

  • Michael J. and Jane R. Horvitz Distinguished Professor of Law
  • Director, Supreme Court Litigation Clinic

Daniel Ortiz, who came to Virginia in 1985, has a wide variety of interests. A Phi Beta Kappa and summa cum laude Yale graduate, he earned a triple major in mathematics, English and history, the arts and letters. Now as a member of the Virginia law faculty, he teaches constitutional law, administrative law, electoral law, civil procedure and legal theory. In 1992 he received the Z Society Distinguished Teaching Award at the University of Virginia. He served as the Harrison Foundation Research Professor in 1992-95, the Elizabeth D. and Richard A. Merrill Research Professor in 1996-99, and the Joseph C. Carter, Jr., Research Professor in 2000-03.

After graduation from Yale, Ortiz spent two years on a Marshall Scholarship at the University of Oxford, where he completed a Master of Philosophy degree in English studies. Then he returned to Yale for law school and received his J.D. in 1983. He clerked for Judge Stephen G. Breyer of the U.S. Court of Appeals for the First Circuit in Boston and for U.S. Supreme Court Justice Lewis F. Powell Jr. He was a visiting professor at the University of Southern California in 1991 and 1994-96 and at the University of California at Berkeley (Boalt Hall) in 1999.

Scholarship Profile: On Democracy: Fair Elections are Freedom's First Bulwark (Virginia Journal 2001)

Education

  • J.D.
    Yale Law School
    1983
  • M.Phil.
    University of Oxford
    1980
  • B.A.
    Yale University
    1978

Books

Textbooks

Campaign Finance Reform: A Sourcebook (edited with Anthony Corrado, Thomas E. Mann, Trevor Potter, Frank J. Sorauf), Brookings Institution Press (1997).

Book Chapters

Comparative Positive Political Theory and Empirics (with M. Elizabeth Magill), in Comparative Administrative Law, Edward Elgar (2 ed. 2017).
Discrimination in Employment – Description and Legal Responses, in Wiley Encyclopedia of Management, Wiley, 121-125 (2014).
El Procedimiento Administrativo en los Estados Unidos de América: Una Introducción a la Administrative Procedure Act (with Juan Cruz Azzarri), in Procedimiento Administrativo, La Ley, 1413-1443 (2012).
Comparative Positive Political Theory (with M. Elizabeth Magill), in Comparative Administrative Law, Edward Elgar, 134-147 (2010).
Democratic Norms, Structures, and Conflict, in International Election Principles: Democracy & the Rule of Law, American Bar Association Section of Administrative Law & Regulatory Practice, 57-77 (2009).
Discerning Constitutional Meaning, in What Should I Read Next?, University Press of Virginia, 35-39 (2008).
Discrimination in Employment, in The Blackwell Encyclopedia of Management, Blackwell, 138-140 (2 ed. 2005).
The First Amendment and the Limits of Campaign Finance Reform, in The New Campaign Finance Sourcebook, Brookings Institution Press, 91-122 (2005).
The Paradox of Mass Democracy, in Rethinking the Vote: The Politics and Prospects of American Election Reform, Oxford University Press, 210-225 (2004).
Federal Legal Constraints on Profiling and Watch Lists (with Eric Braverman), in Protecting America's Freedom in the Information Age: Report of the Markle Foundation Task Force on National Security in the Information Age, Markle Foundation (2002).
Legal Authorities for All-Source Domestic Intelligence, in Protecting America's Freedom in the Information Age: Report of the Markle Foundation Task Force on National Security in the Information Age, Markle Foundation (2002).
Limitations Upon Interagency Information Sharing: The Privacy Act of 1974 (with Sean Fogarty), in Protecting America's Freedom in the Information Age: Report of the Markle Foundation Task Force on National Security in the Information Age , Markle Foundation (2002).
Congressional Authority to Regulate When Votes Can Be Counted, in To Assure Pride and Confidence in the Electoral Process: Task Force Reports to Accompany the Report of the National Commission on Federal Election Reform, Miller Center of Public Affairs (2001).
The Federal Regulation of Elections (with with others), in To Assure Pride and Confidence in the Electoral Process: Task Force Reports to Accompany the Report of the National Commission on Federal Election Reform, Miller Center of Public Affairs (2001).
To Assure Pride and Confidence in the Electoral Process: Task Force Reports to Accompany the Report of the National Commission on Federal Election Reform (with with other), in To Assure Pride and Confidence in the Electoral Process: Task Force Reports to Accompany the Report of the National Commission on Federal Election Reform, Miller Center of Public Affairs (2001).
Constitutional Farce (with Pamela S. Karlan), in Constitutional Stupidities, Constitutional Tragedies, NYU Press, 180-188 (1998).
Discrimination in Employment, in The Concise Blackwell Encyclopedia of Management , Blackwell Business, 163-164 (1998).
Self-Defeating Identities, in Race and Representation: Affirmative Action, Zone Books, 371-375 (1998).
The Reform Debate: Politics and the First Amendment: Introduction (with Anthony Corrado), in Campaign Finance Reform: A Sourcebook, Brookings Institution Press, 61-92 (1997).
Discrimination in Employment, in The Blackwell Encyclopedic Dictionary of Business Ethics, Blackwell Business, 170-172 (1997).
Phallocorporatism, in Women’s Studies and Business Ethics: Towards a New Conversation, Oxford University Press, 127-135 (1997).
Recent Innovations: Introduction (with Anthony Corrado), in Campaign Finance Reform: A Sourcebook, Brookings Institution Press, 337-343 (1997).
The First Amendment at Work: Constitutional Restrictions on Campaign Finance Regulation: Introduction, in Campaign Finance Reform: A Sourcebook, Brookings Institution Press, 63-66 (1997).
The Price of Metaphysics: Deadlock in Constitutional Theory, in Pragmatism in Law and Society, Westview Press, 311-322 (1991).

Articles & Reviews

Advancing “A Charter for a Vibrant Democracy” (reviewing Monica Youn, ed., Money Politics, and the Constitution: Beyond Citizens United) 11 Election Law Journal 348-351 (2012).
Recovering the Individual in Politics, 15 NYU Journal of Legislation & Public Policy 263-287 (2012).
The Informational Interest, 27 Journal of Law & Politics 663-682 (2012).
Get a Life?, 97 Georgetown Law Journal 837 (2009).
Cultural Compactness, 105 Michigan Law Review First Impressions 48-53 (2006).
The Empirics of Campaign Finance, 78 Southern California Law Review 939-947 (2005).
Got Theory?, 153 University of Pennsylvania Law Review 459-502 (2004).
The Unbearable Lightness of Being McConnell, 3 Election Law Journal 299-304 (2004).
Drawing a Roadmap to Uphold BCRA, 6 University of Pennsylvania Journal of Constitutional Law 106-112 (2003).
Democratic Values?, Boston Review (2001).
Categorical Community, 51 Stanford Law Review 769-806 (1999).
From Rights to Arrangements, 32 Loyola of Los Angeles Law Review 1217-1226 (1999).
Governing Through Intermediaries (with Samuel Issacharoff), 85 Virginia Law Review 1627-1670 (1999).
Water, Water Everywhere, 77 Texas Law Review 1739-1749 (1999).
Constitutional Elitism?: Some Skepticism about Dogmatic Assertions (with Pamela S. Karlan), 30 McGeorge Law Review 117-124 (1998).
The Democratic Paradox of Campaign Finance Reform, 50 Stanford Law Review 893-914 (1998).
Introduction—Survivor Stories, 3 University of Chicago Law School Roundtable 115-119 (1996).
Cumulative Voting: Is It Wrong?, 19 Update on Law-Related Education 38-40 (1995).
Feminisms and the Family, 18 Harvard Journal of Law & Public Policy 523-530 (1995).
Making Marriage, 81 Virginia Law Review 2157-2165 (1995).
Negative Political Theory (with Pamela S. Karlan), 68 Southern California Law Review 1691-1704 (1995).
Neoactuarialism: Comment on Kaplow (I), 23 Journal of Legal Studies 403-409 (1994).
Symposium on the Federal Election Commission: Introduction, 10 Journal of Law & Politics 369-372 (1994).
In a Diffident Voice: Relational Feminism, Abortion Rights, and the Feminist Legal Agenda (with Pamela S. Karlan), 87 Northwestern University Law Review 858-896 (1993).
Review of Carter, Reflections of an Affirmative Action Baby (reviewing Stephen L. Carter, Reflections of an Affirmative Action Baby) 10 Constitutional Commentary 211-217 (1993).
Saving the Self?, 91 Michigan Law Review 1018-1022 (1993).
The Self-Limitation of Legislative History: An Intrainstitutional Perspective, 12 International Review of Law & Economics 232-236 (1992).
Privacy, Autonomy, and Consent, 12 Harvard Journal of Law & Public Policy 91-97 (1989).
The Myth of Intent in Equal Protection, 41 Stanford Law Review 1105-1151 (1989).
Affirmative Action under the Constitution and Title VII: from Confusion to Convergence (with George Rutherglen), 35 UCLA Law Review 467-518 (1988).

Reports & Datasets

The Federal Regulation of Elections, To Assure Pride and Confidence in the Electoral Process: Task Force Reports to Accompany the Report of the National Commission on Federal Election Reform  Miller Center of Public Affairs (2001).
What Counts as a Vote?, To Assure Pride and Confidence in the Electoral Process: Task Force Reports to Accompany the Report of the National Commission on Federal Election Reform Miller Center of Public Affairs (2001).
Testimony, 8 Investigation of Illegal or Improper Activities in Connection with the 1996 Federal Election Campaign—Part VIII US Government Print Office 130-132, 138 (1998).

Op-Eds, Blogs, Shorter Works

Viewing the Cathedral, Virginia Law School Report 6-7 (1989).
Legal Anthropology, Virginia Law School Report 6-8 (1989).
Affirmative Action: Confusion, Compromise, or Consensus? (with George Rutherglen), Virginia Law School Report 17-21 (1987).

Current Courses

All Courses

Administrative Law
Administrative Law Theory and Practice
Civil Procedure
Current Legal Ideas (Seminar)
Cyberlaw/Internet law
Regulation of the Political Process
Seminar in Ethical Values

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