David S. Rubenstein Publications, Presentations, and Other Activity

Articles in Law Reviews

"Acquiring Ethical AI," 73 Florida Law Review 747 (2021).

"Supremacy, Inc.," 67 UCLA Law Review 1130 (2020)

"State Regulation of Federal Contractors: Three Puzzles of Procurement Preemption," 11 UC Irvine Law Review 207 (2020) (symposium).

"Privatized Detention and Immigration Federalism," 71 Stanford Law Review Online 224 (2019) (with P. Gulasekaram) (symposium)

"Immigration Blame," 87 Fordham Law Review 125 (2018).

"Taking Care of the Rule of Law," 86 George Washington Law Review 168 (2018).

"Immigration Exceptionalism," 111 Northwestern University Law Review 583 (2017) (with Pratheepan Gulasekaram).

"Black-Box Immigration Federalism," 114 Michigan Law Review 983 (2016).

"Self-Help Structuralism," 95 Boston University Law Review 1619 (2015).

"Administrative Federalism as Separation of Powers," 72 Washington and Lee Law Review 171 (2015).

"The Paradox of Administrative Preemption," 38 Harvard Journal of Law and Public Policy 267 (2015).

"Immigration Structuralism: A Return to Form," 8 Duke Law Journal of Constitutional Law & Public Policy 81 (2013).

"Delegating Supremacy?," 65 Vanderbilt Law Review 1125 (2012).

"'Relative Checks': Towards Optimal Control of Administrative Power," 51 William & Mary Law Review 2169 (2010).

"Restoring the Quid Pro Quo of Voluntary Departure," 44 Harvard Journal on Legislation 1 (2007).

  • Cited in: Almutairi v. Holder, 722 F.3d 996 (United States Court of Appeals, 7th Circuit, 2013).
  • Cited in: Al Milaji v. Mukasey, 551 F.3d 768 (United States Court of Appeals, 8th Circuit 2008).

"Putting the Immigration Rule of Lenity In Its Proper Place: A Tool of Last Resort After Chevron," 59 Administrative Law Review 479 (2007).

Other Publications

"Symposium Introduction: The President and Immigration Law," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (March 25, 2021) (with Jill Family).

"It’s Time to Re-Set the Bar for Online Proctoring," Bloomberg Law, March 24, 2021 (with Marsha Griggs).

"Immigration Enforcement Under the Biden Administration: Testing, Testing," Lawfare (February 10, 2021).

"Then and Now," 46:2 Administrative & Regulatory Law News (Winter 2021).

"The Outsourcing of Algorithmic Governance," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (January 19, 2021).

"The Market Is Demanding Ethical AI," Barron's (December 29, 2020).

"Federal Procurement of Artificial Intelligence: Perils and Possibilities," The Great Democracy Initiative, (Roosevelt Institute) (December 2020).

"Acquiring Ethical Algorithmic Governance," Washburn Law Journal Blog (November 16, 2020).

"The Student Loan Crisis Through an Administrative Federalism Lens," 44:3 Administrative & Regulatory Law News (Spring 2019).

"The Perilous Stakes of Immigration Law by Executive Fiat," The Hill (November 19, 2018).

"The Other Birthright Citizenship Question—Who Decides?," Washburn Law Journal Blog, November 3, 2018 (with Gillian Chadwick). Republished: Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (November 5, 2018).

"Immigration Symposium: The Future of Immigration Exceptionalism," SCOTUSblog (June 29, 2017).

"United States v. Texas: Ex Ante or Ex Post Judicial Review?," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (June 9, 2016) (with Pratheepan Gulasekaram).

"Rethinking Immigration Exceptionalism(s)," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (February 11, 2016).

"Remembering Monroe," Vol. 84:7 Journal of the Kansas Bar Association, 14 (July/August 2015).

"Groupons for Legal Services," 82:7 Journal of the Kansas Bar Association, 15 (July/August 2013).

"Metadata: What You Can't See May Hurt You," 81:9 Journal of the Kansas Bar Association 14 (October 2012).

"Unraveling the Negotiator's Ethical Paradox," 80:3 Journal of the Kansas Bar Association 9 (March 2011).

"Kiyemba v. Obama: Can a Federal Judge Order the Release of Non-military Guantanamo Detainees into the United States?," Preview of United States Supreme Court Cases (March 22, 2010).

Media Engagement

Quoted, "What You Need to Know About Tuesday’s Student-Debt Relief Supreme Court Showdown," MarketWatch, February 26, 2023.

Quoted, "Student-Loan Cancellation in Limbo as Legal Battle Could Go to Supreme Court," MarketWatch, November 14, 2022.

Quoted, "‘I’m Growing More Concerned’: The Lawsuit That Could Derail Biden’s Student-Debt Cancellation," MarketWatch, November 9, 2022.

Quoted, "Do AI-Powered Lending Algorithms Silently Discriminate? This Initiative Aims to Find Out," MarketWatch, November 18, 2021.

Quoted, Federal Vaccine Mandates, Kansas Public Radio, November 5, 2021.

Quoted, "Kansas Lawmakers Are Looking for Ways to Block Federal Vaccine Mandates but Republican-Led Lawsuits Could Prove More Effective," Kansas News Service - KCUR, November 3, 2021.

Quoted, "Biden Administration Clears the Way for Tighter Oversight of Student-Loan Companies," MarketWatch, August 14, 2021.

Featured Guest, "Texas vs. United States: Who Will Win this Battle of Immigration and Federalism?," Legal Talk Network, March 12, 2021.

Interviewed for a special edition covering the Trump administration’s International Student Visa policies and the Harvard/MIT lawsuit, IBM.TV, July 22, 2020 (Startup's Wednesday program, appears at 2:00:45).

Quoted, "Private Sector Seeks to Profit by Detaining Migrant Kids," AP News, October 3, 2019.

Quoted, "Student-Loan Servicer Can’t Use Federal Law to Avoid Lawsuit over Alleged Bad Advice," MarketWatch, July 2, 2019.

Quoted, "Justices’ New Agency Review Rules May Test Immigration Policies," Big Law Business, June 27, 2019.

Quoted, "Clash Between Student-Loan Companies and States Could Wind Up in the Supreme Court," MarketWatch, January 28, 2019.

Quoted, "Lawsuit Against Student-loan Giant Navient Moves Forward, Perhaps Bolstering Others," MarketWatch, December 22, 2018.

Quoted, "Ruling on Temporary Status Could Play Well for DACA, H-1B Cases," Bloomberg Law, Daily Labor Report, October 10, 2018.

Quoted, "Lawsuit Against Navient Can Proceed — Why Student Loan Borrowers Should Pay Attention," MarketWatch, July 22, 2018.

Quoted, "Student Loan Giant Sues Connecticut Over its Crackdown on Student Debt," MarketWatch, April 8, 2018.

Quoted, "States to DeVos: We’ll Keep Cracking Down on Student-Loan Companies," MarketWatch, March 2, 2018.

Quoted, "House Republicans Seek to Roll Back State Laws Protecting Student Loan Borrowers," MarketWatch, December 9, 2017.

"Deferred Action for Childhood Arrivals (DACA)," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), September 14, 2017.

Quoted, "Elected Officials' Reactions to Travel, Refugee Ban Mixed," The Garden City Telegram, February 4, 2017.


"Regulating Artificial Intelligence: Who, What, When, Where, Why & How," 2022 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 23, 2022.

Panelist, Artificial Intelligence: The Great Legal Disruption, Washburn University School of Law, Topeka, Kansas, April 5, 2022 (virtual program).

Panelist, "Detention Systems at the Intersection of Administrative, Immigration, and Constitutional Law," Administrative Law Review, co-sponsored by the American Bar Association Section of Administrative Law & Regulatory Practice, October 29, 2021 (virtual symposium).

Panelist, "Artificial Intelligence, Machine Learning, and Algorithms: Studies in Law, Economics, and Racial Bias," Meeting of the American College of Business Court Judges, sponsored by George Mason Law & Economics Center, October 28, 2021.

Panelist, Preemption and Intergovernmental Immunity, American Constitutional Society (ACS), State Attorneys General Project, September 10, 2021.

"Acquiring Ethical AI," Faculty Workshop, Drake University Law School, Des Moines, Iowa, February 4, 2021 (virtual event).

Panelist, "What Rights for Refugee Claimants?," Washburn University School of Law, November 13, 2020.

"Acquiring Ethical AI," Washburn Law Symposium, Artificial Rights?, Washburn University School of Law, November 5, 2020.

Panelist, "Racism as an Ethical Barrier to the Administration of Justice," Federal Bar Association, Civil Rights Section, CLE program, October 15, 2020 (speaking about governmental uses of artificial intelligence in the criminal justice system and beyond).

Panelist "Honoring the Life and Legacy of Justice Ruth Bader Ginsburg," Washburn University School of Law virtual program, Topeka, Kansas, October 12, 2020 (speaking on Justice Ginsburg’s dissent in Ledbetter v. Goodyear Tire & Rubber Co., Inc. (2007), appears at 39:30).

Panelist, "What is Happening at the Southern Border? A Panel Discussion," Washburn University, Topeka, Kansas, September 24, 2019.

"Privatized Detention and Immigration Federalism," Symposium, Stanford Law School, Stanford, California, February 2019 (with Pratheepan Gulasekaram).

"Immigration Exceptionalism," Constitution Day presentation, Washburn University School of Law, Topeka, Kansas, September 17, 2018.

"Immigration Blame," Otago University, Dunedin, New Zealand, May 29, 2018.

"Immigration Blame," Auckland University, Auckland, New Zealand, May 23, 2018.

"Immigration Blame," Victoria University, Wellington, New Zealand, May 22, 2018.

"Immigration and the Constitution," 2017 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 30, 2017.

"Chasing Immigration Rule of Law," University of Kansas faculty workshop, Lawrence, Kansas, March 1, 2017.

"Immigration Federalism Cake (Some Thoughts on Having it and Eating It Too)," Immigration Federalism Conference, University of Arizona James E. Rogers College of Law, Tucson, Arizona, February 24, 2017.

Panelist, "Security, Presidential Powers and the Bill of Rights: A Conversation about the President's Executive Order," University of Kansas School of Law, Lawrence, Kansas, February 16, 2017.

Moderator, "Voting Rights Act," Election Law Today and Beyond Symposium, Washburn University School of Law, Topeka, Kansas, February 25, 2016.

"Immigration Exceptionalism(s)," University of California Davis Faculty Workshop Series, Davis, California, January 28, 2016.

"Immigrations Exceptionalism(s)," Association of American Law Schools (AALS) 110th Annual Meeting, New York City, New York, January 7, 2016.

"Immigrations Exceptionalism(s)," LatCrit 2015: Twentieth Anniversary Conference, Anaheim, California, October 2, 2015 (with Deep Gulasekaram).

"Immigration Exceptionalism(s)," 2015 Emerging Immigration Scholars Conference, University of Miami School of Law, Coral Gables, Florida, June 11-12, 2015.

"Self-Help Structuralism" Faculty Workshop, University of Kansas School of Law, Lawrence, Kansas, October 2014.

"The Paradox of Administrative Preemption," William S. Boyd School of Law, University of Nevada, Las Vegas, February 2014.

“The Paradox of Administrative Preemption,” The Association of American Law Schools Annual Meeting, New Voices in Administrative Law Workshop, New York, New York, January 3, 2014.

“The Paradox of Administrative Preemption,” Washington University School of Law, Junior Faculty Workshop, St. Louis, Missouri, December 13, 2013.

"The Paradox of Administrative Preemption," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013.

"Immigration Structuralism: A Return to Form", The Duke Journal of Constitutional Law and Public Policy Symposium, Duke University School of Law, Durham, North Carolina, January 11, 2013.

"Ethics in Negotiation," Annual Judge Advocates General Conference, Topeka, Kansas, October 7, 2012.

"Constitutional Issues in Immigration," Constitutional Controversies in the 2012 Elections Series, Lawrence Jewish Community Center, Lawrence, Kansas, September 12, 2012.

"The Subfederal Immigration Revolution," Topeka Bar Association, Topeka, Kansas, February 3, 2012.

"Breaching Borders: Arizona's Encroachment Into the Federal Immigration Domain?," American Constitution Society for Law and Public Policy (Washburn Law Chapter) Topeka, Kansas, November 10, 2010.

"The Negotiating Lawyer's Ethical Paradox", KBA CLE, Topeka, Kansas, November 5, 2010.

Conference commentator, "The Legal Ethics of Lawyers in Government," Hempstead, New York, October 2009.

"Relative-Checks," Hofstra Junior-Faculty Workshop, Hempstead, New York, October 2009.

"Relative-Checks," New York City Bar Association Administrative Law Section, New York, New York, October 2009.

"Justice Sotomayor: The Person and Jurist," New York Court of Appeals Program honoring Justice Sonia Sotomayor, Hempstead, New York, September 2009.

Presenter, "Relative Checks" as applied to the problem of "Judicial Control of Alien Favorable Policy?" and Commentator/Moderator, work-in-progress "incubator" session, Emerging Immigration Scholars Workshop, Hempstead, New York, July 2009.

"How a Brief Becomes Law: An Insiders View," King & Spalding's Litigation Group, New York, New York, July 2008.

"A 'Deference' Guide for Immigration Judges," presented to New York Immigration Judges, New York, New York, April 2006.

Conferences Planned

Symposium Planner and Host, Breaching Borders: State Encroachment into the Federal Immigration Domain?, Washburn University School of Law, Topeka, Kansas, October 20-21, 2011.

Professional Service

Co-organizer, "Book Symposium: Adam Cox & Cristina Rodriguez, The President and Immigration Law," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (March - April, 2021) (with Jill Family).

Editor-in-Chief, Administrative and Regulatory Law News, quarterly publication of the Section of Administrative Law and Regulatory Practice, American Bar Association, 2016-.

Honors and Awards

Recipient, C-TEL Innovation & Assessment Rising Star and Achiever Award in the area of Technology for his research and work with artificial intelligence, Washburn University, Topeka, Kansas, 2023.

Recipient, American Bar Association Administrative Law Section Volunteer of the Year Award for years of service as Editor-in-Chief of Administrative & Regulatory Law News, 2020.