Insights Spring 2021

Empirical Studies

How filibuster changes affected the federal bench

Professor Nash specializes in the study of federal courts and jurisdiction, courts and judges, and also, domestic and international environmental law. Before joining Emory Law in 2008, Nash served as the Robert C. Cudd Professor of Environmental Law at Tulane University, and as a visiting professor at both the University of Chicago Law School and Hofstra University School of Law. He was a visiting scholar at Columbia Law School. A prolific scholar, Nash has published in Columbia Law Review, Cornell Law Review, Iowa Law Review, Journal of Empirical Legal Studies, Michigan Law Review, NYU Law Review, Northwestern University Law Review, Notre Dame Law Review, Stanford Law Review, Southern California Law Review, Vanderbilt Law Review, and Virginia Law Review, in addition to other leading journals. His scholarship has been cited by the United States Courts of Appeals for the Second, Sixth, Eighth, Ninth and Federal Circuits, among others.

Prior to teaching, Nash was a law clerk to the Honorable Donald Stuart Russell of the US Court of Appeals for the Fourth Circuit and to the Honorable Nina Gershon, then Chief Magistrate Judge of the US District Court for the Southern District of New York. He also worked as an attorney in New York.

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Select Publications

The Certificate of Division and the Early Supreme Court, 94 Southern California Law Review (forthcoming 2021) (with Michael G. Collins)

The Rules and Standards of Personal Jurisdiction, 72 Alabama Law Review 465 (2020)

State Standing for Nationwide Injunctions Against the Federal Government, 94 Notre Dame Law Review 1985 (2019)

Aligning Incentives and Cost Allocation in Discovery, 71 Vanderbilt Law Review 2015 (2018) (with Joanna M. Shepherd)

Sovereign Preemption State Standing, 112 Northwestern University Law Review 201 (2017)

The Production Function of the Regulatory State: How Much Do Agency Budgets Matter?, 102 Minnesota Law Review 695 (2017) (with J.B. Ruhl & James Salzman)

Judicial Laterals, 70 Vanderbilt Law Review 1911 (2017)

Unearthing Summary Judgment’s Concealed Standard of Review, 50 UC Davis Law Review 87 (2016)

A Functional Theory of Congressional Standing, 114 Michigan Law Review 339 (2015)

Interparty Judicial Appointments, 12 Journal of Empirical Legal Studies 664 (2015)