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{{Short description|American legal scholar (1946–2024)}}
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'''Frederick Schauer''' (born 15 January 1946) is the David and Mary Harrison Distinguished Professor of Law at the [[University of Virginia]] and [[Frank Stanton (executive)|Frank Stanton Professor]] (Emeritus) of the [[First Amendment to the United States Constitution|First Amendment]] at the [[Kennedy School of Government]], [[Harvard University]].<ref name="law.virginia.edu">{{Cite web|url=http://www.law.virginia.edu/lawweb/faculty.nsf/fhpbi/1206076|title=Faculty - University of Virginia School of Law|website=University of Virginia School of Law|access-date=2016-03-13}}</ref><ref>{{Cite web|url=http://www.bjutijdschriften.nl/tijdschrift/rechtsfilosofieentheorie/2010/1/RenR_1875-2306_2010_039_001_005|title=Everything we do is tentative. An interview with Prof. Frederick Schauer|website=Netherlands Journal of Legal Philosophy|access-date=2016-03-13}}</ref> He is well known for his work on [[American constitutional law]], especially [[free speech]], and on legal reasoning, especially the nature and value of [[legal formalism]]. In 2013, Schauer was the third highest paid professor at UVA Law, earning $302,000 that year.<ref>{{cite news|last1=Lat|first1=David|authorlink1=David Lat|title=How Much Does Your Law Professor Make? UVA Law Edition|url=https://abovethelaw.com/2013/04/how-much-does-your-law-professor-make-uva-law-edition/|accessdate=14 October 2017|work=[[Above the Law (website)|Above the Law]]|date=23 April 2013}}</ref>
{{Use mdy dates|date=October 2022}}
{{Infobox person
| name = Frederick Schauer
| birth_date = {{Birth date|1946|01|15}}
| birth_place = [[Newark, New Jersey]], U.S.
| death_date = {{Death date and age|2024|09|01|1946|01|15}}
| death_place = [[Charlottesville, Virginia]], U.S.
| occupation = Law professor, [[jurist]]
| education = [[Dartmouth College]] ([[Bachelor of Arts|BA]], [[Master of Business Administration|MBA]])<br />[[Harvard University]] ([[Juris Doctor|JD]])
| employer = [[University of Virginia School of Law]]<br>[[Kennedy School of Government]]
| known_for = [[American constitutional law]]<br>[[Free speech]]
}}


⚫
'''Frederick Franklin Schauer''' (January 15, 1946 – September 1, 2024) was an American legal scholar who served as David and Mary Harrison Distinguished Professor of Law at the [[University of Virginia School of Law]]. He was also the [[Frank Stanton (executive)|Frank Stanton]] Professor of the [[First Amendment to the United States Constitution|First Amendment]] at [[Harvard University]]'s [[Kennedy School of Government]].<ref name="law.virginia.edu">{{Cite web |url=https://www.law.virginia.edu/faculty/profile/fs7t/1206076 |title=Faculty - University of Virginia School of Law |website=University of Virginia School of Law |date=July 22, 2016 |access-date=2021-10-31}}</ref><ref>{{Cite web |url=http://www.bjutijdschriften.nl/tijdschrift/rechtsfilosofieentheorie/2010/1/RenR_1875-2306_2010_039_001_005 |title=Everything we do is tentative. An interview with Prof. Frederick Schauer |website=Netherlands Journal of Legal Philosophy |access-date=2016-03-13}}</ref> He was well known for his work on [[American constitutional law]], [[free speech]], and on legal reasoning, especially the nature and value of [[legal formalism]].
In his 1982 book ''Free Speech: A Philosophical Enquiry,'' Schauer says that government attempts to restrict freedom of expression have resulted in a disproportionate amount of government mistakes. He argued that when governments restrict expression, they are incentivized to censor criticism of themselves, which makes it harder for them to assess the cost and benefits of their subsequent actions.<ref name=":0">{{Cite book|title=Canadian Constitutional Law|last=|first=|publisher=Emond Montgomery Publications Limited|year=2017|isbn=978-1-77255-070-2|editor-last=Macklem|editor-first=Peter|edition=5th|location=Toronto|pages=991|editor-last2=Rogerson|editor-first2=Carol}}</ref>

== Life ==
Schauer was born in [[Newark, New Jersey]], on January 15, 1946,<ref name=nyt /> and graduated from [[Teaneck High School]].<ref>[https://www.newspapers.com/image/491668712/ "Margery Stone is Engaged to Frederick F. Schauer"], ''[[The Record (North Jersey)|The Record]]'', January 9, 1968. Accessed September 22, 2024, via [[Newspapers.com]]. "Mr. Schauer was graduated from Teaneck High School and Dartmouth College. He will receive a Master of Business Administration degree from the Amos Tuck school at Dartmouth in June and will then attend law school."</ref> In his 1982 book ''Free Speech: A Philosophical Enquiry,'' Schauer says that government attempts to restrict freedom of expression have resulted in a disproportionate number of government mistakes. He argued that when governments restrict expression, they are incentivized to censor criticism of themselves, which makes it harder for them to assess the cost and benefits of their subsequent actions.<ref name=":0">{{Cite book |title=Canadian Constitutional Law |publisher=Emond Montgomery Publications Limited |year=2017 |isbn=978-1-77255-070-2 |editor-last=Macklem |editor-first=Peter |edition=5th |location=Toronto |pages=991 |editor-last2=Rogerson |editor-first2=Carol}}</ref> He died from renal disease in [[Charlottesville, Virginia]], on September 1, 2024, at the age of 78.<ref name=nyt>{{cite web|title=Frederick Schauer, Scholar Who Scrutinized Free Speech, Dies at 78|publisher=The New York Times|last=Rosenwald|first=Michael S.|url=https://www.nytimes.com/2024/09/18/us/frederick-schauer-dies.html|date=September 18, 2024|access-date=September 18, 2024}}</ref><ref>https://www.law.virginia.edu/news/202409/memoriam-professor-frederick-schauer-giant-legal-academy</ref>


==Education==
==Education==
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*A.B. Dartmouth College 1967<ref name="law.virginia.edu"/>
*A.B. Dartmouth College 1967<ref name="law.virginia.edu"/>


== Publications ==
==Publications==
*''Analogy, Expertise, and Experience'', 249 [[University of Chicago Law Review|U. Chi. L. Rev.]] 84 (2017).<ref>{{Cite web |url=https://lawreview.uchicago.edu/publication/analogy-expertise-and-experience |title=Analogy, Expertise, and Experience {{!}} The University of Chicago Law Review|website=lawreview.uchicago.edu|access-date=2020-01-21}}</ref>
* ''The Force of Law'' (2015).<ref>[http://harvardlawreview.org/wp-content/uploads/2016/05/1932-1979-Online.pdf Reviewed] by Mark Greenberg, ''How to Explain Things with Force'', 129 Harv. L. Rev. 1932 (2016).</ref>
* ''The Force of Law'' (2015).<ref>[http://harvardlawreview.org/wp-content/uploads/2016/05/1932-1979-Online.pdf Reviewed] by Mark Greenberg, ''How to Explain Things with Force'', 129 Harv. L. Rev. 1932 (2016).</ref>
* ''The Theory of Rules'', by [[Karl Llewellyn]], edited and with an introduction by Schauer (2011).
* ''The Theory of Rules'', by [[Karl Llewellyn]], edited and with an introduction by Schauer (2011).
* ''Thinking Like a Lawyer: A New Introduction to Legal Reasoning'' (2009).
* ''Thinking Like a Lawyer: A New Introduction to Legal Reasoning'' (2009).
* [https://harvardlawreview.org/wp-content/uploads/pdfs/schauer.pdf ''The Supreme Court, 2005 Term — Foreword: The Court’s Agenda – And the Nation’s''], 120 [[Harvard Law Review|Harv. L. Rev.]] 4 (2006).
* [https://harvardlawreview.org/wp-content/uploads/pdfs/schauer.pdf ''The Supreme Court, 2005 Term — Foreword: The Court’s Agenda – And the Nation’s''], 120 [[Harvard Law Review|Harv. L. Rev.]] 4 (2006).
* ''Profiles, Probabilities, and Stereotypes'' (2003).<ref>Reviewed by {{cite news|last1=Lee|first1=Felicia R.|title=Discriminating? Yes. Discriminatory? No.|url=https://www.nytimes.com/2003/12/13/books/discriminating-yes-discriminatory-no.html|accessdate=14 October 2017|work=[[The New York Times]]|date=13 December 2003}}</ref>
* ''Profiles, Probabilities, and Stereotypes'' (2003).<ref>Reviewed by {{cite news |last1=Lee |first1=Felicia R. |title=Discriminating? Yes. Discriminatory? No. |url=https://www.nytimes.com/2003/12/13/books/discriminating-yes-discriminatory-no.html |access-date=October 14, 2017 |work=[[The New York Times]] |date=December 13, 2003}}</ref>
* ''Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life'' (1991).<ref>Reviewed by {{cite journal|last1=Rakowski|first1=Eric|title=Book Review|journal=Ethics|date=July 1993|volume=103|issue=4|pages=828–830|doi=10.1086/293562}}</ref>
* ''Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life'' (1991).<ref>Reviewed by {{cite journal |last1=Rakowski |first1=Eric |title=Book Review |journal=Ethics |date=July 1993 |volume=103 |issue=4 |pages=828–830 |doi=10.1086/293562}}</ref>
* ''The Philosophy of Law: Classic and Contemporary Readings with Commentary'' (with [[Walter Sinnott-Armstrong]]) (1996).
* ''The Philosophy of Law: Classic and Contemporary Readings with Commentary'' (with [[Walter Sinnott-Armstrong]]) (1996).
* ''Supplements to Gunther, Constitutional Law'' (1983–1996).
* ''Supplements to Gunther, Constitutional Law'' (1983–1996).
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==References==
==References==
{{Reflist}}
{{Reflist}}

{{Authority control}}


{{DEFAULTSORT:Schauer, Frederick}}
{{DEFAULTSORT:Schauer, Frederick}}
[[Category:1946 births]]
[[Category:1946 births]]
[[Category:Living people]]
[[Category:2024 deaths]]
[[Category:American legal scholars]]
[[Category:American legal scholars]]
[[Category:Harvard University faculty]]
[[Category:Harvard University faculty]]
[[Category:University of Virginia School of Law faculty]]
[[Category:University of Virginia School of Law faculty]]
[[Category:Harvard Law School alumni]]
[[Category:Harvard Law School alumni]]
[[Category:Teaneck High School alumni]]
[[Category:Tuck School of Business alumni]]
[[Category:Tuck School of Business alumni]]
[[Category:Dartmouth College alumni]]
[[Category:Lawyers from Newark, New Jersey]]




Latest revision as of 20:43, 16 November 2024

Frederick Schauer
Born(1946-01-15)January 15, 1946
Newark, New Jersey, U.S.
DiedSeptember 1, 2024(2024-09-01) (aged 78)
Charlottesville, Virginia, U.S.
EducationDartmouth College (BA, MBA)
Harvard University (JD)
Occupation(s)Law professor, jurist
Employer(s)University of Virginia School of Law
Kennedy School of Government
Known forAmerican constitutional law
Free speech

Frederick Franklin Schauer (January 15, 1946 – September 1, 2024) was an American legal scholar who served as David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. He was also the Frank Stanton Professor of the First Amendment at Harvard University's Kennedy School of Government.[1][2] He was well known for his work on American constitutional law, free speech, and on legal reasoning, especially the nature and value of legal formalism.

Life

[edit]

Schauer was born in Newark, New Jersey, on January 15, 1946,[3] and graduated from Teaneck High School.[4] In his 1982 book Free Speech: A Philosophical Enquiry, Schauer says that government attempts to restrict freedom of expression have resulted in a disproportionate number of government mistakes. He argued that when governments restrict expression, they are incentivized to censor criticism of themselves, which makes it harder for them to assess the cost and benefits of their subsequent actions.[5] He died from renal disease in Charlottesville, Virginia, on September 1, 2024, at the age of 78.[3][6]

Education

[edit]

Publications

[edit]
  • Analogy, Expertise, and Experience, 249 U. Chi. L. Rev. 84 (2017).[7]
  • The Force of Law (2015).[8]
  • The Theory of Rules, by Karl Llewellyn, edited and with an introduction by Schauer (2011).
  • Thinking Like a Lawyer: A New Introduction to Legal Reasoning (2009).
  • The Supreme Court, 2005 Term — Foreword: The Court’s Agenda – And the Nation’s, 120 Harv. L. Rev. 4 (2006).
  • Profiles, Probabilities, and Stereotypes (2003).[9]
  • Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (1991).[10]
  • The Philosophy of Law: Classic and Contemporary Readings with Commentary (with Walter Sinnott-Armstrong) (1996).
  • Supplements to Gunther, Constitutional Law (1983–1996).
  • Law and Language (editor) (1992).
  • The First Amendment: A Reader (with John H. Garvey) (1992).
  • Free Speech: A Philosophical Enquiry (1982).[5]
  • The Law of Obscenity (1976).

References

[edit]
  1. ^ a b "Faculty - University of Virginia School of Law". University of Virginia School of Law. July 22, 2016. Retrieved October 31, 2021.
  2. ^ "Everything we do is tentative. An interview with Prof. Frederick Schauer". Netherlands Journal of Legal Philosophy. Retrieved March 13, 2016.
  3. ^ a b Rosenwald, Michael S. (September 18, 2024). "Frederick Schauer, Scholar Who Scrutinized Free Speech, Dies at 78". The New York Times. Retrieved September 18, 2024.
  4. ^ "Margery Stone is Engaged to Frederick F. Schauer", The Record, January 9, 1968. Accessed September 22, 2024, via Newspapers.com. "Mr. Schauer was graduated from Teaneck High School and Dartmouth College. He will receive a Master of Business Administration degree from the Amos Tuck school at Dartmouth in June and will then attend law school."
  5. ^ a b Macklem, Peter; Rogerson, Carol, eds. (2017). Canadian Constitutional Law (5th ed.). Toronto: Emond Montgomery Publications Limited. p. 991. ISBN 978-1-77255-070-2.
  6. ^ https://www.law.virginia.edu/news/202409/memoriam-professor-frederick-schauer-giant-legal-academy
  7. ^ "Analogy, Expertise, and Experience | The University of Chicago Law Review". lawreview.uchicago.edu. Retrieved January 21, 2020.
  8. ^ Reviewed by Mark Greenberg, How to Explain Things with Force, 129 Harv. L. Rev. 1932 (2016).
  9. ^ Reviewed by Lee, Felicia R. (December 13, 2003). "Discriminating? Yes. Discriminatory? No". The New York Times. Retrieved October 14, 2017.
  10. ^ Reviewed by Rakowski, Eric (July 1993). "Book Review". Ethics. 103 (4): 828–830. doi:10.1086/293562.


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