Daniel R. Fischel (born December 10, 1950) is the emeritus Lee and Brena Freeman Professor of Law and Business and former Dean of
University of Chicago Law School
The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dist ...
. He co-founded
Lexecon, and is now chairman and president of
Compass Lexecon
Compass Lexecon is a global economic consulting firm with headquarters in Chicago, Illinois. It provides analysis of economic issues for use in legal and regulatory proceedings, strategic decisions, and public policy debates. Compass Lexecon LLC ...
.
Early life and education
Fischel was born in New York City. He graduated from
Cornell University
Cornell University is a private statutory land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and Andrew Dickson White, Cornell was founded with the intention to teach an ...
in 1972, and received a
Master of Arts
A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
in American history from
Brown University
Brown University is a private research university in Providence, Rhode Island. Brown is the seventh-oldest institution of higher education in the United States, founded in 1764 as the College in the English Colony of Rhode Island and Providenc ...
in 1974. Fischel received his
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
''
cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'' from the
University of Chicago Law School
The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dist ...
in 1977, where he was comment editor of the
law review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pro ...
and elected to the
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, whi ...
.
Career
After graduation, Fischel clerked for Judge
Thomas E. Fairchild
Thomas Edward Fairchild (December 25, 1912 – February 12, 2007) was an American lawyer and judge. He served forty years as a judge of the United States Court of Appeals for the Seventh Circuit. Earlier in his career he was a justice of the Wi ...
of the
Seventh Circuit Court of Appeals
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of Ill ...
and Justice
Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, ...
of the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. He taught at
Northwestern University Law School
Northwestern University Pritzker School of Law is the law school of Northwestern University, a Private university, private research university. It is located on the university's Chicago campus. Northwestern Law has been ranked among the top 14, ...
from 1980 to 1983, the last year of which he was a visiting professor at his alma mater. Fischel joined the University of Chicago Law faculty in 1984, and served as dean from 1998 to 2001, when he resigned due his marriage to another university employee and the university's anti-nepotism policy. During his time as dean, he famously tried to convince
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
that his political career was finished following his resounding defeat to
Bobby Rush
Bobby Lee Rush (born November 23, 1946) is an American politician, activist and pastor who served as the U.S. representative for for three decades. A civil rights activist during the 1960s, Rush co-founded the Illinois chapter of the Black Pan ...
for U.S. Congress. He also drew controversy in 2009 for his purchase of a condominium in New York for over $8 million, which he sold for nearly $12 million in 2012.
As an expert witness, Fischel testified on behalf of
Charles Keating
Charles Humphrey Keating Jr. (December 4, 1923 – March 31, 2014) was an American sportsman, lawyer, real estate developer, banker, financier, conservative activist, and convicted felon best known for his role in the savings and loan sca ...
,
Ken Lay
Kenneth Lee Lay (April 15, 1942 – July 5, 2006) was an American businessman who was the founder, chief executive officer and chairman of Enron. He was heavily involved in the eponymous accounting scandal that unraveled in 2001 into the large ...
, and
Jeffrey Skilling
Jeffrey Keith Skilling (born November 25, 1953) is an American businessman who is best known as the CEO of Enron Corporation during the Enron scandal. In 2006, he was convicted of federal felony charges relating to Enron's collapse and eventual ...
. His work concerning the collapse of
Lincoln Savings and Loan upset plaintiffs' law firm
Milberg Weiss
Milberg LLP (formerly known as Milberg Weiss LLP and Milberg Weiss Bershad & Schulman LLP) is a US plaintiffs' law firm, established in 1965 and based in New York City. It has mounted many class action cases on behalf of investors, and has been rec ...
, leading Fischel and Lexecon to file a
defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
and abuse of process suit, which led to a Supreme Court decision about
multi-district litigation
In United States law, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.
Description
MDL cases o ...
(''
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach'', 523 U.S. 26 (1998)) and a $50 million settlement paid to him and/or his firm. A panel of the
Tenth Circuit Court of Appeals
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Distri ...
reversed the conviction of
Joseph Nacchio
Joseph P. Nacchio (born June 22, 1949 in Brooklyn, New York) is an American executive who was chairman of the board and chief executive officer of Qwest Communications International from 1997 to 2002. Nacchio was convicted of insider trading during ...
over alleged
insider trading
Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information ...
of
Qwest
Qwest Communications International, Inc. was a United States telecommunications carrier. Qwest provided local service in 14 western and midwestern U.S. states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dako ...
because Judge
Edward Nottingham
Edward Willis Nottingham Jr. (born 1948) is a former United States federal judge, United States district judge of the United States District Court for the District of Colorado, having served in that office from November 24, 1989, until his resign ...
would not let Fischel testify on Nacchio's behalf. but the entire Circuit en banc reversed the reversal and Nacchio ultimately served jail time (being released in 2013).
Fischel co-authored with
Frank Easterbrook
Frank Hoover Easterbrook (born September 3, 1948) is an American lawyer, jurist, and legal scholar who has served as a United States circuit judge of the U.S. Court of Appeals for the Seventh Circuit since 1985. He was the Seventh Circuit's chief ...
The Economic Structure of Corporate Law (Harvard University Press, 1991). His book, "Payback", argued that the prosecution of
Michael Milken
Michael Robert Milken (born July 4, 1946) is an American financier. He is known for his role in the development of the market for high-yield bonds ("junk bonds"), and his conviction and sentence following a guilty plea on felony charges for vio ...
was unjust.
See also
*
References
External links
WebpageCV
{{DEFAULTSORT:Fischel, Daniel
1950 births
Law clerks of the Supreme Court of the United States
American legal scholars
American legal writers
Cornell University alumni
Brown University alumni
University of Chicago Law School alumni
Law and economics scholars
Living people
University of Chicago Law School faculty