Donald Thomas Hornstein
Aubrey L. Brooks Professor of Law
- J.D. (Order of the Coif), University of Oregon (1981)
- B.A. (magna cum laude, special distinction in histor), University of California at Los Angeles (1972)
From 1982 to 1983, Hornstein clerked for Judge Abner Mikva of the United States Court of Appeals for the District of Columbia Circuit. In 1983, he began work as an appellate attorney (Honors Program) in the Environment and Natural Resources Division of the United States Department of Justice in Washington, D.C., where he concentrated on environmental litigation and on litigation defending Native American fishing rights in the Pacific Northwest. Between 1985 and 1986, he was an associate with Arnold & Porter in Washington, D.C., concentrating on environmental and products liability matters. While with Arnold & Porter, Hornstein represented, pro bono, a consortium of environmental and animal welfare organizations in litigation in the United States Supreme Court involving Japanese whaling in the Antarctic and northwest Pacific oceans. He joined the faculty as a visiting associate professor of law in 1987 and was appointed an associate professor in 1989, a full professor in 1993, and associate dean of faculty in 1994. He won the Frederick B. McCall Award for Teaching Excellence in 1989. For the 1996-97 academic year, Hornstein was a visiting professor of law at the University of Asmara in Eritrea, Africa, under the auspices of the Fulbright Scholar program.
Resiliency, Adaptation, and the Upsides of Ex Post Lawmaking, 89 N.C. L. REV. 1549 (2011). [Westlaw, Lexis/Nexis, Hein]
The Environmental Role of Agriculture in an Era of Carbon Caps, 20 HEALTH MATRIX 145 (2010). [Westlaw, Lexis/Nexis, SSRN, Hein]
Climate Systems and Legal Systems, in THE REPORT OF THE UNC CLIMATE CHANGE COMMITTEE (November, 2008).
The Road Also Taken: Lessons from Organic Agriculture for Market- and Risk-Based Regulation, 56 DUKE L.J. 1541 (2007). [Westlaw, Lexis/Nexis, Hein, BEPress]
The Data Wars, Adaptive Management, and the Irony of 'Sound Science' in RESCUING SCIENCE FROM POLITICS: REGULATION AND THE DISTORTION OF SCIENTIFIC RESEARCH (Cambridge University Press, 2006). [Q125 .R4178 2006]
Complexity Theory, Adaptation, and Administrative Law, 54 DUKE L.J. 913 (2005). [Westlaw, Lexis/Nexis, Hein, BEPress]
Reclaiming Clean Science and Scientific Freedom, in A NEW PROGRESSIVE AGENDA FOR PUBLIC HEALTH AND THE ENVIRONMENT: A PROJECT OF THE CENTER FOR PROGRESSIVE REGULATION (Carolina Academic Press 2005). [RA566.3 .N487 2005 ]
The New Sound Science Gamut: The Shelby Amendment, the Data Quality Act, and White House Peer Review, in CLEAN SCIENCE (University of Maryland Law Review and the Center for Progressive Regulation, 2004).
Accounting for Science: The Independence of Public Research in the New Subterranean Administrative Law, 66 LAW & CONTEMP. PROBS. 227 (2003). [Westlaw, Lexis/Nexis, SSRN, BEPress]
From Beef to Bove: Are Cultural Preferences to International Trade Legitimate, GLOBAL VIEW, Spring 2001.
Areas of Expertise
- Environmental Law/Natural Resources Law