David J. Arkush
Visiting Assistant Professor of Law
Profile

Professor David Arkush teaches and writes in the areas of administrative law, legislation, and financial services regulation. His scholarship has appeared in the George Washington University Law Review, Harvard Law Review Forum, Wake Forest Law Review, Brigham Young University Law Review, and Harvard Civil Rights-Civil Liberties Law Review, among other venues. Professor Arkush has provided commentary in publications such as The New York Times and The Wall Street Journal and has appeared in numerous media outlets, including CNN and CBS. Before joining the School of Law faculty in 2013, Arkush was a principal at Gupta Beck, PLLC, and directed Public Citizen's Congress Watch in Washington, D.C., where he was profiled by TIME magazine for his work advocating financial services reform and investigating the finance industry's influence in Washington. He was also a teaching fellow in the Appellate Litigation Program at Georgetown University Law Center. Professor Arkush has been a member of the prestigious American Law Institute since 2010.

Presentations

Cost-Benefit Analysis in Financial Services Regulation: Many Problems, One Solution, and a Reorientation, Symposium: The Costs and Benefits of Cost-Benefit Analysis, University of California at Irvine School of Law, Irvine, Calif., Mar. 15, 2013.

Direct Republicanism and the Administrative Jury, 2012 Administrative Law Conference, American Bar Association, Washington, D.C., Oct. 25, 2012.

Direct Republicanism and the Administrative Jury, University of the Pacific, McGeorge School of Law, Sacramento, Calif., Sept. 18, 2012.

Direct Republicanism in the Administrative Process, Symposium: The Asymmetry of Administrative Law: The Lack of Public Participation and the Public Interest, Wake Forest University Law Review, Winston-Salem, N.C., Mar. 30, 2012.

Can Voluntary Safety Standards Protect Consumers Adequately?, Panel, Consumer Assembly, Consumer Federation of America, Washington, D.C., Mar. 15, 2012.

The New Consumer Financial Protection Bureau, Panel, District of Columbia Bar, George Washington University Law School, Washington, D.C., Oct. 20, 2010.

Is the Proposed Consumer Financial Protection Agency the Appropriate Remedy for Consumers of Financial Products?, Panel, District of Columbia Bar, George Washington University Law School, Washington, D.C., Oct. 27, 2009.

The Consumer Product Safety Improvement Act of 2008: The New World of Regulation and Enforcement, Panel, Bureau of National Affairs, Washington, D.C., Oct. 30, 2008.

Implied Preemption by Safety Agency Regulation: Recent Developments, Panel, International Consumer Product Health and Safety Organization, Washington, D.C., Feb. 20, 2008.

Unnecessary Court Secrecy, Maryland Association for Justice, Baltimore, Md., Nov. 9, 2007.

Bar Admissions
District of Columbia
Indiana
U.S. Supreme Court
U.S. Courts of Appeals for the Third, Fourth, and D.C. Circuits
U.S. District Court for the District of Columbia
Professional Experience
Visiting Assistant Professor of Law (2013-present)

University of Richmond School of Law, Richmond, Va.

Of Counsel (2012-present)

Gupta Beck, PLLC, Washington, D.C.

Director (2007-12)

Public Citizen's Congress Watch, Washington, D.C.

Teaching Fellow and Supervising Attorney (2005-07)

Georgetown University Law Center, Appellate Litigation Program, Washington, D.C.

Fuchsberg Fellow (2004-05)

Public Citizen Litigation Group, Washington, D.C.

Clerk (2003-04)

Law Clerk to Hon. R. Lanier Anderson, III, U.S. Court of Appeals for the Eleventh Circuit, Atlanta, Ga.

Publications
Articles

Direct Republicanism in the Administrative Process, 81 Geo. Wash. L. Rev. 1458 (2013). [Journal] [SSRN] [L] [W]

Situating Emotion: A Critical Realist View of Emotion and Nonconscious Cognitive Processes for the Law, 2008 B.Y.U. L. Rev. 1275 (2008). [Journal] [SSRN] [L] [W] [HEIN]

Preserving "Catalyst" Attorneys' Fees Under the Freedom of Information Act in the Wake of Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources, 37 Harv. C.R.–C.L. L. Rev. 131 (2002). [L] [W] [HEIN]

Essays

The Senate and the Recess Appointments, 127 Harv. L. Rev. F. 1 (2013). [SSRN]

Democracy and Administrative Legitimacy, 47 Wake Forest L. Rev. 611 (2012) (symposium). [Journal] [SSRN] [L] [W] [HEIN]


Education
LL.M., Georgetown University Law Center
J.D., Harvard Law School
A.B., Washington University in St. Louis
Contact Information
(804) 287-1814
Areas of Expertise
Administrative Law
Legislation
Financial Services Regulation