Faculty Profiles

Robert B. Ahdieh

Robert B. Ahdieh

K.H. Gyr Professor of Private International Law

Areas of Expertise

Administrative Law, Comparative Law, Contracts, Corporate Law, Federalism, Financial Regulation, International Financial Regulation, International Trade Law, Russian Law, Securities Law

Curriculum Vitae

A graduate of Princeton University's Woodrow Wilson School of Public and International Affairs and Yale Law School, Robert B. Ahdieh served as law clerk to Judge James R. Browning of the US Court of Appeals for the Ninth Circuit before his selection for the Honor's Program in the Civil Division of the US Department of Justice.

While still in law school, Ahdieh published what remains one of the seminal treatments of the constitutional transformation of post-Soviet Russia: "Russia's Constitutional Revolution—Legal Consciousness and the Transition to Democracy." Ahdieh's work has also appeared in the Boston University Law ReviewMichigan Law Review, theMinnesota Law Review, the NYU Law Review, and the Southern California Law Review, among other journals.

Ahdieh's scholarly interests revolve around questions of regulatory design, especially in the financial arena. His particular focus has been on various non-traditional modes of regulation, including those grounded in dynamics of coordination. Though relatively less attended to in the legal literature, the framework of coordination holds significant promise both in helping us to theorize existing regulatory patterns and in articulating new regulatory constructs.

Ahdieh has explored regulatory design in a variety of transactional areas, including corporate and securities law, international trade and finance, and contracts. Within these, Ahdieh’s work has emphasized two particular patterns of coordination. The first—intersystemic governance—draws on domestic regimes of federalism and transnational regimes of global governance and subsidiarity to highlight patterns of jurisdictional overlap that, in their very complexity, offer significant utilitarian benefits. The second—patterns Ahdieh places under a rubric of "The New Regulation"—draws more directly on coordination game dynamics to highlight various non-traditional regulatory forms, as well distinct occasions for potential regulatory intervention.

During the 2007–2008 academic year, Ahdieh was a visiting professor and the Microsoft/LAPA Fellow at Princeton University's Program in Law and Public Affairs. In Spring 2014, he served as Douglas McK. Brown Visiting Chair in Law, University of British Columbia.  He has also visited at Columbia and Georgetown law schools, as well as numerous law schools overseas.

Education: JD, Yale University, 1997; AB, Princeton University, 1994

Books

Russia's Constitutional Revolution: Legal Consciousness and the Transition to Democracy 1985-1996. The Pennsylvania State University Press, 1997.

Articles & Book Chapters 

"Agency Coordination as Agency Action," in Comparative Perspectives on Administrative Procedure (Russell L. Weaver et al., eds.) (2017)

"Making America Equal Again," 4 Emory Corporate Governance & Accountability Review 21 (2017)

"Notes from the Border: Writing Across the Administrative Law/Financial Regulation Divide," 66 Journal of Legal Education 64 (2016)

"From Fedspeak to Forward Guidance: Regulatory Dimensions of Central Bank Communications," 50 Georgia Law Review 213 (2015)

"Coordination and Conflict: The Persistent Relevance of Networks in International Financial Regulation," 78 Law & Contemporary Problems 75 (2015)

"Enter the Fox – Lumping and Splitting in the Study of Transnational Networks: A Response to Stavros Gadinis," 109 American Journal of International Law Unbound 29 (2015)

"Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s)," 88 N.Y.U. Law Review 1983 (2013)

"Toward a Jurisprudence of Free Expression in Russia: The European Court of Human Rights, Sub-National Courts, and Intersystemic Adjudication," 18 UCLA Journal of International and Foreign Affairs  (2013).

"Varieties of Corporate Law-Making: Competition, Preemption, and Federalism," in Research Handbook on the Economics of Corporate Law 373 (Claire A. Hill & Brett H. McDonnell, eds.) (2012).

"A Man in Full," 61 Emory Law Journal 1015 (2012). 

"Beyond Individualism in Law and Economics," 91 Boston University Law Review 43 (2011) Published with response essays by Professors Rick Brooks, Ken Dau-Schmidt & Tom Ulen.

"The Visible Hand: Coordination Functions of the Regulatory State," 95 Minnesota Law Review 578 (2010).

"Imperfect Alternatives: Networks, Salience, and Institutional Design in Financial Crisis," 79 Cincinnati Law Review 527 (2010).

"After the Fall: Financial Crisis and International Order," 24 Emory International Law Review 1 (2010).

"International Aspects of the Global Financial Crisis," 103 American Society of International Law Proceedings 57 (2009)

"The Fog of Certainty," 119 Yale Law Journal Online 41 (2009)

"The (Misunderstood) Genius of American Corporate Law," 77 George Washington Law Review 730 (2009) - Reply to comments of Professors Bill Bratton, Larry Cunningham & Todd Henderson

"Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance," 77 George Washington Law Review 255 (2009) – Selected as lead article for colloquy on corporate federalism 

"When Subnational Met International: The Politics and Place of Cities, States, and Provinces in the World," 102 American Society of International Law Proceedings 339 (2008)

"Foreign Affairs, International Law, and the New Federalism: Lessons from Coordination," 73 Missouri Law Review 1185 (2008) – Selected for translation and reprinting in Teoría y Realidad Constitucional

"From Federalism to Intersystemic Governance: The Changing Nature of Modern Jurisdiction," 57 Emory Law Journal 1 (2007)

"From Federal Rules to Intersystemic Governance in Securities Regulation, 57 Emory Law Journal 233 (2007)

"The Dialectical Regulation of Rule 14a-8: Intersystemic Governance in Corporate Law," Journal of Business and Technology Law 165 (2007)  Reprinted in ICFAI Journal of Corporate and Securities Law, Nov. 2008 – Reprinted in 40 Securities Law Review 408 (2008), as one of top securities law articles published in 2007 

"Dialectical Regulation," 38 Connecticut Law Review 863 (2006) – Solicited as lead article for annual commentary issue of Connecticut Law Review, for discussion and analysis by invited respondents 

"The Strategy of Boilerplate," 104 Michican Law Review 1033 (2006) 

"From 'Federalization' to 'Mixed Governance' in Corporate Law: A Defense of Sarbanes-Oxley," 53 Buffalo Law Review 721 (2005) – Reprinted in 38 Securities Law Review 293 (2006) and 48Corporate Practice Commentator 91 (2006), as one of top corporate and securities law articles published in 2005

"The Role of Groups in Norm Transformation: A Dramatic Sketch, In Three Parts," Chicago Journal of International Law 231 (2005)

"Between Dialogue and Decree: International Review of National Courts," 79 N.Y.U. Law Review 2029 (2004)

"Between Mandate and Market: Contract Transition in the Shadow of the International Order," 53 Emory Law Journal 691 (2004)  Reprinted in ICFAI Journal of International Business Law, Apr. 2005, at 13

"Law’s Signal: A Cueing Theory of Law in Market Transition," 77 Southern California Law Review 215 (2004)

"Making Markets: Network Effects and the Role of Law in the Creation of Strong Securities Markets," 76 Southern California Law Review 277 (2003)

Book Review, Soili Nysten-Haarala, Russian Law in Transition (2001), for Slavic Review (2003)

Paper Presentations

Notes from the Border: Writing Across the Administrative Law/Financial Regulation Divide

  • Southeastern Association of Law Schools Annual Meeting, Amelia Island, FL, August 8, 2016
  • Northeastern University School of Law, Journal of Legal Education Symposium on the Challenges of Legal Scholarship, Boston, MA, April 29, 2016

From Fedspeak to Forward Guidance: Regulatory Dimensions of Central Bank Communications

  • City University of Hong Kong School of Law, Hong Kong, May 25, 2017
  • Southeastern Association of Law Schools, Boca Raton, Florida, July 27, 2015
  • China University of Political Science & Law, Beijing, China, June 3, 2015
  • University of Georgia School of Law, Symposium on Financial Regulations: Reflections & Projections, Athens, GA, March 20, 2015

Agency Coordination as Agency Action

  • Administrative Law Discussion Forum, Academica Sinica, Taipei, Taiwan, June 10, 2014

Coordination and Conflict: The Persistent Relevance of Networks in International Financial Regulation

  • New York University School of Law, Symposium on New Approaches to Interatnional Regulatory Cooperation, New York, NY, February 28, 2014 

Reanalysing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s)

  • University of British Columbia, Vancouver, B.C., March 26, 2014
  • University of Illinois, Corporate & Securities Litigation Workshop, Chicago, IL, Nov. 9, 2013
  • Administrative Conference of the United States, Washington, D.C., April 4, 2013
  • University of California, Irvine School of Law, Irvine, California, March 15, 2013
  • University of Hong Kong, Faculty of Law, Hong Kong, January 25, 2013
  • University of Minnesota School of Law, Minneapolis, Minnesota, November 5, 2012

The Visible Hand: Coordination Functions of the Regulatory State

  • Symbiosis Law School, Pune, India, September 16, 2017
  • Jindai Global Law School, Sonipat, India, September 15, 2017
  • China University of Political Science & Law, Beijing, China, December 19, 2013
  • Beijing Normal University, Beijing, China, December 19, 2013
  • Renmin University School of Law, Beijing, China, December 19, 2013
  • Tsinghua University School of Law, Beijing, China, December 18, 2013
  • East China University of Political Science & Law, Shanghai, China, December 17, 2013
  • Shanghai Jiao Tong University School of Law, Shanghai, China, December 16, 2013
  • City University of Hong Kong School of Law, Hong Kong, January 28, 2013
  • Pace University School of Law, White Plains, NY March 14, 2012

Imperfect Alternatives: Networks, Salience, and Institutional Design in Financial Crisis

  • University of Hong Kong, Conference on Reconceptualizing Global Finance and Its Regulation, Hong Kong, December 14, 2013
  • University of Minnesota Law School, Minneapolis, Minnesota, April 12, 2010 American Society of International Law, Annual Meeting, Washington, D.C., March 26, 2010

Other Recent Presentations

“National Security, International Trade & Foreign Investment,” Southern Law Network, Palm Beach, Florida, September 23, 2017

“Methods of Comparative Constitutional Law,” Sixth Annual International Research Conference on Contemporary Legal Scholarship, Symbiosis Law School, Pune, India, September 17, 2017

“Role of the Associate Dean in Shaping a Law School Identity,” January 4, 2017, Association of American Law Schools Annual Meeting, San Francisco, California

“Non-JD Degree Programs: Continuing the Conversation About Impact on Law School Academic, Administrative, and Financial Resources,” January 4, 2017, Association of American Law Schools Annual Meeting, San Francisco, California

“The New Regulation: Designing and Policing Agency Action for a Coordination Economy,” December 17, 2016, Conference on ‘Regulatory and Licensing Reform in China,’ China University of Political Science and Law, Beijing, China

“The Future of American Politics,” December 12, 2016, University of Warsaw, Warsaw, Poland

“At Home and Abroad: The Persistent Centrality of the Rule of Law,” September 2, 2016, Washington, D.C.

“Reflections on the Dean’s Team,” August 8, 2016, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida

“Building Non-JD Programs,” August 7, 2016, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida

“Technology and Legal Education,” August 4, 2016, American Bar Association Annual Meeting, San Francisco, California

“Judicial Review,” July 30-31, 2016, Constitutional Court of the Republic of Georgia, Batumi, Georgia

“Dialectical Federalism: The Case of Financial Regulation,” April 18, 2016, National Association of Attorneys General Southern Regional Meeting, Atlanta, Georgia

“Technology and Legal Education,” March 16, 2016, American Bar Association Tech Show, Chicago, Illinois

“After Scalia: Politics, Constitutional Interpretation, and the Future of the Supreme Court,” March 10, 2016, University of Warsaw School of Law, Warsaw, Poland

“The Golden Age of Legal Education,” January 21, 2016, Chapman University School of Law, Orange, California

“The Future of Legal Education,” June 4, 2015, Beijing Bar Association, Beijing, China

“The Future of Legal Education,” April 14, 2015, Office of General Counsel, Emory University, Atlanta, Georgia

“Freedom of Expression in Post-Soviet Russia,” February 15, 2013, Conference on ‘Building BRICs: Human Rights in Today’s Emerging Economic Powers,’ University of California, Los Angeles School of Law, Los Angeles, California

Administrative Law “New Voices” Program, January 6, 2013, Association of American Law Schools Annual Meeting, New Orleans, Louisiana (Respondent)

“International Regulatory Cooperation and its New Executive Order,” October 25, 2012, ABA Section of