Carl W. Tobias
Williams Professor of Law
Courses Taught Torts Products Liability Constitutional Law
Profile

Professor Carl Tobias holds the Law School’s prestigious Williams Chair and writes in a number of areas, with a particular emphasis on federal judicial selection. A prolific scholar, Professor Tobias is the author of over 120 law review articles and the author or co-author of more than 80 essays, commentaries, and other shorter works in law reviews. He has published in the country’s top law journals, including the Stanford, Columbia, California, and Cornell Law Reviews, among others. Professor Tobias is also a frequent commentator in the media and has written several hundred opinion pieces published in the Washington Post, Los Angeles Times, Christian Science Monitor, Slate and Politico, among other high-profile media outlets. He has served as a Legal Consultant to the Food and Drug Administration and the American Bar Association’s Commission on the Twenty-First Century Judiciary as well as a member of the District Court Local Rules Review Committee of the Ninth Circuit Chief District Judges Conference, the Civil Justice Reform Act Advisory Group for the U.S. District Court for the District of Montana, and the Study Committee to Review the Nevada Rules of Civil Procedure. Professor Tobias has been a member of the prestigious American Law Institute since 1994.

Memberships
Member, American Law Institute (1994-present)
Member, Civil Justice Reform Act Advisory Group, United States District Court for the District of Montana (1994-present)
Reporter, National Conference on Appellate Justice (2005)
Legal Consultant, ABA Commission on the Twenty-First Century Judiciary (2002-2003)
Member, Study Committee to Review the Nevada Rules of Civil Procedure (1999-2003)
Member, District Court Local Rules Review Committee, Ninth Circuit Judicial Council (1994-1997)
Reporter, Carnegie Commission on Science, Technology and Government, Task Force on Science and Technology in Judicial and Regulatory Decision Making, Data Collection Discussion Group (1992)
Legal Consultant, Administrative Conference of the United States (1990-1995)
Director, Montana Natural Resources Clinic (Environmental Law Clinic under National Wildlife Federation auspices) (1980-1982)
Legal Consultant. Office of General Counsel, U.S. Food and Drug Administration (1976-1982 - Summers)
Counsel, U.S. Senate Judiciary Committee, Subcommittee on Separation of Powers, 1975
Counsel, Virginia Wetlands Study Commission and Virginia Senate Agriculture, Conservation and Natural Resources Committee, 1971 to 1972
Professional Experience
Williams Professor of Law (2004-present)
University of Richmond School of Law, Richmond, Va.
Visiting Williams Professor of Law (2003-2004)
University of Richmond School of Law, Richmond, Va.
Professor of Law (1998-2004)
William S. Boyd School of Law, University of Nevada, Las Vegas, Nev.
Professor of Law (1975-1998)
University of Montana School of Law, Missoula, Mont.
General Civil Litigation and General Environmental Work (1972-1975)
Hunton and Williams, Richmond, Va.
Publications
Articles

Filling the Federal Appellate Court Vacancies, 17 U. Pa. J. Const. L. __ (forthcoming 2015).

The Republican Senate and Regular Order, 101 Iowa L. Rev. Bull. __ (forthcoming 2015).

Filling the D.C. Circuit Vacancies, 91 Indiana L.J. __ (forthcoming 2015).

Judicial Selection in Congress’ Lame Duck Session, 90 Ind. L.J. Supp. 52 (2015).

Judicial Selection in Congress’ Lame Duck Session, 90 Ind. L.J. Supp. 52 (2015).

Marriage Equality Comes to Virginia, 49 U. Rich. L. Rev. 1193 (2015).

Considering Patricia Millett for the D.C. Circuit, 4 Wake Forest L. Rev. Online 11 (2014). [Journal]

Filling the District of Arizona Vacancies, 56 Ariz. L. Rev. Syl. 4 (2014). [Journal]
Salvaging the 2013 Federal Law Clerk Hiring Season, 91 Wash. U. L. Rev. 243 (2013).
Senate Gridlock and Federal Judicial Selection, 88 Notre Dame L. Rev. 2233 (2013). [Journal] [L] [W] [HEIN]
Tips for Capturing 2014 Federal Court Clerkships, 66 Vand. L. Rev. En Banc 145 (2013). [Journal] [W] [HEIN]
Justifying Diversity in the Federal Judiciary, 106 Nw. U. L. Rev. Colloquy 283 (2012). [Journal] [W]
Saluting Judge Philip Pro's Quarter Century of Judicial Service, 12 Nev. L. J. 511 (2012). [L] [W] [HEIN]
Filling the Fourth Circuit Vacancies, 89 N.C. L. Rev. 2161 (2011).
Diversity and the Federal Bench, 87 Wash. U. L. Rev. 1197 (2010).
A Fourth Circuit Photograph, 45 Wake Forest L. Rev. 1373 (2010).
Fourth Circuit Judicial Appointments, 61 S.C. L. Rev. 445 (2010).
Counsel, Virginia Wetlands Study Commission and Virginia Senate Agriculture, Conservation and Natural Resources Committee, 1971 to 1972
Postpartisan Federal Judicial Selection, 51 B.C. L. Rev. 769 (2010).
Filling Federal Appellate Vacancies, 41 Ariz. St. L.J. 829 (2009).
The Tragedy of the Commons: The Case of the Blue Crab, 19 S. Cal. Interdis. L.J. 73 (2009).
FDA Regulatory Compliance Reconsidered, 93 Cornell L. Rev. 1003 (2008).
Reconsidering Virginia Judicial Selection, 43 U. Rich. L. Rev. 37 (2008).
The Process Due Indefinitely Detained Citizens, 85 N.C. L. Rev. 1687 (2007).
Fourth Circuit Publication Practices, 62 Wash. & Lee L. Rev. 1733 (2005).
Reviews
Improving Federal Judicial Selection, 44 U. Rich. L. Rev. 1173 (2010).
Unmasking Judicial Extremism, 43 U. Rich. L. Rev. 1175 (2009).
Questioning Quirin, 97 J. Crim. L. & Criminology 365 (2006).
In the News

U.S. Supreme Court says McDonnell can remain free while it considers filings (Richmond Times-Dispatch and The Roanoke Times)
Mon., Aug. 24, 2015

Valeant acquiring Raleigh-based Sprout for $1 billion (The Charlotte Observer & The News & Observer)
Thu., Aug. 20, 2015

Court: Ex-Virginia governor can't remain free during appeal (WAMU)
Thu., Aug. 20, 2015

Supreme Court stands between McDonnell and prison (Richmond Times-Dispatch)
Thu., Aug. 20, 2015

As options run out, ex-Virginia gov. turns to Supreme Court (AP, via ABC News)
Thu., Aug. 20, 2015

General Assembly adjourns, leaving judge in place and redistricting up to a federal court (WCVE)
Tue., Aug. 18, 2015

In moving forward, a look back at Xarelto (Lawyers and Settlements)
Sun., Aug. 16, 2015

And justices for all (Richmond Times-Dispatch)
Sat., Aug. 15, 2015

Takeda Actos settlement seems shaky as plaintiffs give it the sniff test (FiercePharma)
Fri., Aug. 14, 2015

Williams: Defusing of volatile situations saves lives (Richmond Times-Dispatch)
Thu., Aug. 13, 2015

McDonnell asks to remain free pending appeal to U.S. Supreme Court (Richmond Times-Dispatch)
Thu., Aug. 13, 2015

Takeda's $2.37 billion diabetes drug accord endangered (Bloomberg business)
Thu., Aug. 13, 2015

Wilhelmina Wright's chances in Congress for federal judgeship said to be good (Star Tribune)
Thu., Aug. 13, 2015

McDonnell request for ful court to hear appeal is denied (WCVE)
Tue., Aug. 11, 2015

Bob McDonnell's request for hearing denied by 4th Circuit Court, will appeal to Supreme Court (WTVR 6)
Tue., Aug. 11, 2015

Va. ex-gov appealing convictions to Supreme Court (USA Today - The Associated Press)
Tue., Aug. 11, 2015

Va. governor McDonnell, again
Tue., Aug. 11, 2015

Federal Taliban conviction raises questions (WCVE)
Mon., Aug. 10, 2015

Tony Stewart sued for wrongful death (Detroit Free Press - USA Today)
Sat., Aug. 8, 2015

Tony Stewart sued by dead racer's family (CNN)
Fri., Aug. 7, 2015

Kevin Ward's family files suit against Tony Stewart
Fri., Aug. 7, 2015

Virginia Uranium, Inc., turns to courts to overturn mining ban (WCVE)
Thu., Aug. 6, 2015

Bard said to pay $200 million to settle vaginal-mesh cases (Bloomberg Business)
Tue., Aug. 4, 2015

Governor slams GOP plan to oust his pick from Va. Supreme Court (Richmond Times-Dispatch)
Mon., Aug. 3, 2015

Grassley continues confirmation wars on judges (The Des Moines Register)
Fri., Jul. 31, 2015

Federal judge allows Virginia to stop issuing Confederate license plates (USA Today)
Fri., Jul. 31, 2015

Confirm Judge Restrepo (Pittsburgh Tribune-Review)
Thu., Jul. 30, 2015

McAuliffe to appoint Roush to state Supreme Court (WCVE)
Mon., Jul. 27, 2015

Anthem to buy Cigna for $54 billion, creating nation's largest insurer (Los Angeles Times)
Fri., Jul. 24, 2015

McDonnell asks full 4th Circuit to reconsider his appeal (Richmond Times-Dispatch)
Fri., Jul. 24, 2015

McAuliffe to name Roush to state Supreme Court (Richmond Times-Dispatch)
Sun., Jul. 19, 2015

McDonnell's next move (Virginian Pilot)
Sun., Jul. 19, 2015

Justices Roberts, Kennedy fall from GOP favor after recent Supreme Court decisions (Washington Times)
Wed., Jul. 15, 2015

Judicial conference declares 'judicial emergency' in Idaho, which has only 1 federal judge on bench (ABA Journal)
Wed., Jul. 15, 2015

Idaho court vacancy called 'judicial emergency' (The Spokesman-Review)
Wed., Jul. 15, 2015

Delay in replacing federal judge not fair to Lodge, bad for system; says senators at fault (The Spokesman-Review)
Tue., Jul. 14, 2015

Fedreal courts declare 'judicial emergency' in Idaho (The Spokesman-Review)
Tue., Jul. 14, 2015

Russian Taliban fighter must face trial in U.S. (WCVE)
Tue., Jul. 14, 2015

Senate Congressional Record
Mon., Jul. 13, 2015

Richmond, Taliban can be prosecuted in Richmond, judge rules (Richmond Times-Dispatch)
Mon., Jul. 13, 2015

Committee advances Judge Luis Felipe Restrepo's nomination (Pittsburgh Post-Gazette)
Fri., Jul. 10, 2015

Senate confirms first Latina to federal court of appeals, Latino judge Luis Felipe Restrepo awaits confirmation vote (Latin Post)
Fri., Jul. 10, 2015

Obama's amnesty orders await fresh blow in federal court (Newsmax)
Fri., Jul. 10, 2015

Federal judge rules against Redskins in trademark cancellation suit (WCVE)
Thu., Jul. 9, 2015

Travis McDonough's federal judgeship nomination passes Senate judiciary committee (Chattanooga Times Free Press)
Thu., Jul. 9, 2015

Sons of Confederate Veterans join court battle over license plates (Richmond Times-Dispatch)
Thu., Jul. 9, 2015

Fill the U.s. Court of Federal Claims vacancies (The Hill)
Thu., Jul. 9, 2015

Landmark court rulings can expose society's fault lines (San Antonio Express-News)
Mon., Jul. 6, 2015

Confirmation of judges gets bogged down in Congress (Philadelphia Inquirer)
Mon., Jul. 6, 2015

Obama's immigration orders face dim outlook at federal court (The Hill)
Fri., Jul. 10, 2015

Gay marriage debate shifts to focus on religious freedoms (Houston Chronicle)
Sat., Jul. 4, 2015

DoJ launches probe of high airline fares (Financial Times)
Wed., Jul. 1, 2015

"Sons of confederate veterans to fight order to remove confederate flag license plates (WCVE)
Wed., Jul. 1, 2015

State resistance to marriage ruling dissipates (Baptist Press)
Mon., Jun. 29, 2015

As gays celebrate, opponents retrench (The Columbus Dispatch)
Sat., Jun. 27, 2015

Some gay marriage opponents balk, while couples rush to wed (AP, via Philly.com)
Sat., Jun. 27, 2015

Judge overturns $418,000 award for Virginia Beach business (The Virginian-Pilot)
Thu., Jun. 25, 2015

Texas officials vow to make religious liberty 'the next fight'
Fri., Jun. 26, 2015

Two counties out of marriage business for good after Supreme Court ruling (AL.com)
Fri., Jun. 26, 2015

Supreme Court expected to rule for gay marriage (Richmond Times-Dispatch vai The Roanoke Times)
Sun., Jun. 21, 2015

Agreement reached to keep Sweet Briar open (Richmond Times-Dispatch)
Sat., Jun. 20, 2015

Agreement reached to keep Sweet Briar open (The Washington Post)
Sat., Jun. 20, 2015

AIG bailout trial: a partial moral victory (Marketplace)
Mon., Jun. 15, 2015

Seven apply for SCOVA Vacancy (WCVE)
Fri., Jun. 19, 2015

George Huguely V. appeals murder conviction to U.S. Supreme Court (The Washington Post)
Wed., Jun. 17, 2015

Huguely asks Supreme Court to review Yeardley Love murder case (Styrk)
Wed., Jun. 17, 2015

Ex-AIG chief wins bailout suit, but gets no damages (The New York Times)
Mon., Jun. 15, 2015

Texas abortion sonogram law not affected by SCOTUS ruling (Houston Chronicle)
Mon., Jun. 15, 2015

Plaintiffs bring racketeering claims against GM in ignition suits (The Wall Street Journal)
Sat., Jun. 13, 2015

Alabama could see same-sex marriages as soon as U.S. Supreme Court rules this month (Alabama Media Group)
Sat., Jun. 13, 2015

Obama nominates Omaha attorney Rossiter to federal bench in Nebraska (Omaha.com)
Fri., Jun. 12, 2015

Democrats challenge Va. photo ID law in court (The Daily Progress)
Thu., Jun. 11, 2015

Obama nominates Superior Court judge from Bergen County to federal court (The Record)
Thu., Jun. 11, 2015

Senate judicial confirmation hearing: Luis Felipe Restrepo undergoes nomination hearing as Kara Farnandez Stoll awaits vote (Latin Post)
Thu., Jun. 11, 2015

Same-sex marriage opposition won't get anyone elected president - it may block their path (HuffPost Politics)
Thu., Jun. 11, 2015

McDonough's Senate Judiciary hearing a 'love fest" on road to confirmation (Chatanooga Times Free Press)
Thu., Jun. 11, 2015

Nashville attorney gets bipartisan support for judgeship (The Tennessean)
Wed., Jun. 10, 2015

Va. Supreme Court opens door to halt Sweet Briar closing (Richmond Times-Dispatch)
Tue., Jun. 9, 2015

Supreme Court offers hope for Sweet Briar backers (Virginia Lawyers Weekly)
Tue., Jun. 9, 2015

GM's Barra confirms interview with fed investigators (The Detroit News)
Tue., Jun. 9, 2015

Obama blasts Supreme Court for accepting challenge to health care law (The Washington Times)
Mon., Jun. 8, 2015

Obama's frustration with courts bursts into public view (The Hill)
Mon., Jun. 8, 2015

Federal judge to asses damages in Chinese drywall lawsuit (NPR)
Mon., Jun. 8, 2015

We bailed you out, and now you want what? (The Washington Post)
Sun., Jun. 7, 2015

3rd Congressional District again deemed unconstitutional (Daily Press)
Fri., Jun. 5, 2015

Three-judge panel rules Virginia must redraw congressional map (Richmond Times-Dispatch)
Fri., Jun. 5, 2015

Senate panel approves judge for California courthouse (Bradenton Herald)
Thu., Jun. 4, 2015

ODBA takes a look at judicial selection (Virginia Lawyers Weekly)
Thu., Jun. 4, 2015

Federal appeals court leaves hold on Obama's immigration orders (NPR The Two-Way)
Tue., May. 26, 2015

Senate panel approves judge for Fresno courthouse (McClatchy Washington Bureau)
Thu., Jun. 4, 2015

Appeals court panel rules against Obama on immigration (San Antonio Express-News)
Tue., May. 26, 2015

Hearing next week for Pa. appeals court nominee
Wed., Jun. 3, 2015

Prosecution of GM may let corporate bosses off the hook (Yahoo News)
Mon., Jun. 1, 2015

Preet Bharara, GM's foe in ignition switch probe, rarely loses (Detroit Free Press)
Sat., May. 30, 2015

Lumber Liquidators Chief Robert Lynch Resigns (The New-York Times)
Thu., May. 21, 2015

Takata's murky question (National Law Journal)
Wed., May. 20, 2015

Sweet Briar talks go long, more planned (Virginia Lawyers Weekly)
Tue., May. 19, 2015

Texas Republicans could take new stand on same-sex marriage (AP - ABC News)
Wed., May. 13, 2015

Sweet Briar president won't preside at commencement
Fri., May. 15, 2015

Some developments go Bob McDonnell's way as ex-Virginia governor's hearing nears (Roanoke Times - Associated Press)
Sun., May. 10, 2015

Judges to hear Bob McDonnell's corruption appeal Tuesday (Richmond Times-Dispatch)
Sat., May. 9, 2015

Archive Nov 20, 2013 - Nov 17, 2014
Mon., Nov. 17, 2014


Education
B.A., Duke University 1968
LL.B., University of Virginia 1972
Contact Information
(804) 287-6440
(804) 289-8683 (Fax)
Areas of Expertise
Federal Courts and Judicial Selection
Constitutional Law
Torts
Product Liability