Brian T. Fitzpatrick

Associate Professor of Law
Voice: 615-322-4032
Fax: 615-322-6631
Email: brian.fitzpatrick@vanderbilt.edu
Office: Room 296
View curriculum vitae (.pdf)
Links
- Cecil D. Branstetter Litigation & Dispute Resolution Program
- Program in Law and Government
- SSRN Page
- "SCOTUScast" addressing AT&T Mobility v. Concepcion
Research Interest(s)
Civil procedure, federal courts, judicial selection, the Supreme Court, constitutional law
Education
J.D. Harvard Law School
B.S. University of Notre Dame
Biography
Brian Fitzpatrick's research at Vanderbilt has focused on class action litigation, federal courts, judicial selection and constitutional law. Professor Fitzpatrick joined Vanderbilt's law faculty in 2007, after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Professor Fitzpatrick graduated summa cum laude with a B.S. in chemical engineering from the University of Notre Dame. He received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure course for the 2008-09 academic year.
Representative Publications
Articles
"An Empirical Study of Class Action Settlements and Their Fee Awards," 7 Journal of Empirical Legal Studies 811 (2010)
"Originalism and Summary Judgment," 71 Ohio State Law Journal 919 (2010)
"Do Class Action Lawyers Make Too Little?", 158 University of Pennsylvania Law Review 2043 (2010)
"The End of Objector Blackmail?", 62 Vanderbilt Law Review 1623 (2009)
"The Politics of Merit Selection,” 74 Missouri Law Review 675 (2009)
"Errors, Omissions, and the Tennessee Plan," 39 University of Memphis Law Review 85 (2008)
"Election by Appointment: The Tennessee Plan Reconsidered," 75 Tennessee Law Review 473 (2008)
"Can Michigan Universities Use Proxies for Race After the Ban on Racial Preferences?", 13 Michigan Journal of Race and Law 277 (2007)
Presentations
"Originalism and Summary Judgment," Stanford Law School (March 3, 2011); Georgetown Law School (April 5, 2010); Symposium on Originalism and the Jury, Ohio State Law School (November 17, 2009)
"The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure," Northwestern Law School (February 25, 2011); Washington University Law School (October 1, 2010)
"Do Class Action Lawyers Make Too Little?", Institute for Law & Economic Policy, Providenciales, Turks & Caicos (April 23, 2010) (presenter)
"An Empirical Study of Class Action Settlements and Their Fee Awards," 2009 Conference on Empirical Legal Studies, University of Southern California Law School (November 20, 2009); 2009 Meeting of the Midwestern Law and Economics Association, University of Notre Dame Law School (October 10, 2009); and University of Minnesota School of Law (March 12, 2009)
"The End of Objector Blackmail?" Stanford-Yale Junior Faculty Forum, Stanford Law School (May 29, 2009) and Searle Center Research Symposium on the Empirical Studies of Civil Liability, Northwestern University School of Law (October 9, 2008)
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