Michael D. Gilbert

  • Professor of Law

Michael Gilbert teaches courses on election law, legislation, and law and economics. His current research focuses on constitutional entrenchment, campaign finance law, corruption and the design of courts. He is working on a book-length project on public law and economics. His research has appeared in multiple law reviews, peer-reviewed journals and edited volumes, and he has lectured throughout the United States and around the world, including in Ecuador, Germany and Israel. Prior to joining the faculty, Gilbert clerked for Judge William A. Fletcher on the U.S. Court of Appeals for the Ninth Circuit in San Francisco. He received his Ph.D. from the Jurisprudence and Social Policy Program at the University of California, Berkeley, and he received his J.D. from Berkeley Law School. At Berkeley, Gilbert served as an articles editor on the California Law Review and received multiple distinctions, including an Olin Fellowship in Law and Economics and a grant from the National Science Foundation. In 2015 he won the UVA Student Council Distinguished Teaching Award.

Website on SSRN

Education

  • Ph.D.
    University of California at Berkeley
    2008
  • J.D.
    University of California at Berkeley School of Law
    2005
  • B.S.
    Tulane University
    1999

"Transparency and Corruption: A General Analysis,"  U. Chi. Legal F. (forthcoming 2018).
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"Constitutional Law and Economics" (with Robert D. Cooter), (2018).
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"Optimal Entrenchment of Legal Rules"
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"Entrenchment, Incrementalism, and Constitutional Collapse," 103 Va. L. Rev. 631 (2017).
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"Aggregate Corruption" (with Emily Reeder), 104 Ky. L.J. 651 (2016).
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"The Coordination Fallacy" (with Brian Barnes), 43 Fla. St. U.L. Rev. 399 (2016). 
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"Disclosure and Corruption" (with Benjamin Aiken), 14 Election L.J. 148 (2015).
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"Insincere Rules," 101 Va. L. Rev. 2185 (2015).
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"The Problem of Voter Fraud," 115 Colum. L. Rev. 739 (2015).
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"Judicial Independence and Social Welfare," 112 Mich. L. Rev. 575 (2014).
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"Campaign Finance Disclosure and the Information Tradeoff," 98 Iowa L. Rev. 1847 (2013).
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"Interpreting Initiatives," 97 Minn. L. Rev. 1621 (2013) (prepared for symposium titled "A More Perfect Union? Democracy in the Age of Ballot Initiatives," Oct. 26, 2012, University of Minnesota).
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"Disclosure, Credibility, and Speech," 27 J.L. & Pol. 627 (2012) (prepared for symposium titled "Disclosure, Anonymity, and the First Amendment," Oct. 29, 2011, University of Virginia).
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"Does Law Matter? Theory and Evidence from Single Subject Adjudication," 40 J. Legal Stud. 333 (2011).
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"Direct Democracy, Courts, and Majority Will," 9 Election L.J. 211 (2010) (reviewing Kenneth P. Miller, Direct Democracy and the Courts).
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"A Theory of Direct Democracy and the Single Subject Rule" (with Robert D. Cooter), 110 Colum. L. Rev. 687 (2010). 
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"Reply to Hasen and Matsusaka" (with Robert D. Cooter), 110 Colum. L. Rev. Sidebar 59 (2010).
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"Less Can Be More: Conflicting Ballot Proposals and the Highest Vote Rule" (with Joshua M. Levine), 38 J. Legal Stud. 383 (2009).
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"Single Subject Rules and the Legislative Process," 67 U. Pitt. L. Rev. 803 (2006).
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Website on SSRN

Current Courses

All Courses

Constitutional Law and Economics
Direct Democracy
Judicial Decision-Making
Law and Economics I
Law and Economics II
Legislation
Regulation of the Political Process

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