Douglas Lind

Curriculum Vitae

Professor & Department Head Major Williams Hall, Room 229

Virginia Tech Department of Philosophy 220 Stanger St (MC 0126)

Blacksburg, VA 24061

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Education

University of MinnesotaB.A. in Philosophy, 1978,magna cum laude, Phi Beta Kappa

Washington University in St. LouisJ.D., 1981

University of PennsylvaniaPh.D. in Philosophy, 1991

Professional Academic Experience

Virginia Tech (Virginia Polytechnic Institute and State University), Blacksburg, Virginia

Professor of Philosophy & Department Head (2015-date)

Affiliate Professor, ASPECT (Alliance for Social, Political, Ethical, and Cultural Thought)

Affiliate Professor, Program in Philosophy, Politics, and Economics (PPE)

University of Idaho, Moscow, Idaho

Professor of Philosophy (2003-2015)

Associate Professor of Philosophy (1997-2003)

Assistant Professor of Philosophy (1991-1997)

Chair, Department of Philosophy(2002-2011; coordinator 2013-2015)

Affiliate Professor of Environmental Science (1993-2015)

Core Faculty, Professional Science Master’s program (2010-2015)

The National Judicial College, Reno, Nevada

Faculty Member (1994-date)

The Professional Education Group, Inc., Minnetonka, Minnesota

Faculty Member (2000-date)

University of Pennsylvania, Philadelphia, Pennsylvania

Instructor in Philosophy (1991); Teaching Fellow (1985-1990)

Temple University School of Law, Philadelphia, Pennsylvania

Lecturer in Law (1989-1990)

Villanova University, Philadelphia, Pennsylvania

Instructor in Philosophy (1986-1987)

Legal Experience

Founder & Director, Tribal Law Exchange (2003-date)

Sole Practitioner, Philadelphia, Pennsylvania (1990-1991)

Part-time private practice concentrating on environmental law.Principally represented plaintiffs in cases arising under federal solid waste, hazardous waste, and safe drinking water laws.

Law Firm of Allan Kanner & Associates, Philadelphia, Pennsylvania

Associate (1984-1990): Class action litigation in the areas of environmental law, toxic torts, and American Indian Law.Used federal solid waste, hazardous waste, and water pollution control laws to remediate environmental damages and health threats caused by toxic and radioactive waste discharges.Parallel use of state common law remedies.Experience in class action pleading, federal appellate practice, and application of conflicts of law principles.

Missouri Attorney General’s Office, Jefferson City, Missouri

Assistant Attorney General (1981-1984); Special Assistant Attorney General (1984-87): Represented Missouri Department of Natural Resources in pollution control and natural resource matters. Prosecuted violators of State air pollution, water pollution, solid waste disposal, and land reclamation statutes.Also wrote numerous criminal appellate briefs and argued before the Missouri Supreme Court and Courts of Appeals.

20th Illinois Judicial Circuit Court, Belleville, Illinois

Law Clerk (1980-1981): Clerked for the Honorable John J. Hoban, Chief Criminal Judge.Attended trials, prepared legal memoranda, and participated in chamber conferences.

Washington University School of Law, St. Louis, Missouri

Research Assistant (1980-1981): Assisted Prof. Daniel R. Mandelker in the preparation of land use and environmental law case and text books.

Coalition for the Environment, St. Louis, Missouri

Legal Intern (1981): Worked with a team of lawyers and scientists intervening in a proceeding to block issuance of an operating license for a nuclear power plant.

Minnesota Public Interest Research Group, Minneapolis, Minnesota

Intern (1977-1978): Researched and prepared memoranda for lawyers working on transboundary acid rain pollution originating in Canada and impacting the Boundary Waters Canoe Area of northern Minnesota.

Grants and Contracts Awarded

National Science Foundation (NSF), “Professional Science Master’s,” Stephen Mulkey (lead-PI), Douglas Lind, Michael Johnson, John Lawrence, Mike Whiteman (co-PIs); 4/2010 to 4/2013; $691,716.

University of Idaho President’s Office: Strategic Initiative Grant, “Idaho Professional Ethics Initiative,” Douglas Lind (lead-PI); 6/2006 to 5/2011; $225,000.

National Science Foundation (NSF): Division of Computer-Communications Research; “Tribal Law Enhancement Project,”Douglas Lind (lead-PI); James Foster, Delphine Keim (co-PIs); 9/2003 to 9/2007; $411,446.

Idaho State Board of Education Learning Technologies/Telecommunications Grant (Through Env’tl Science Program (Margrit von Braun, PI); grant included funding to offer Phil. 452/Env.Sci. 552 (Environmental Philosophy) statewide by way of compressed video and internet), 1999-2001.

University of Idaho Research Council: Seed Grant, “The Relevance of Wittgenstein for Legal Theory”; Summer 1996; $6,000.

National Science Foundation (NSF): Program in Science, Technology, and Society Studies, “NWEST Values: A Multidisciplinary Database for Northwest Issues in Environmental Science, Technology and Values,” Kathryn P. George (lead-PI); Douglas Lind (co-PI);6/15/95 to 5/31/96; $84,850.

Hon. John Calhoun Smith Memorial Fund: “NWest Values,” Kathryn P. George (lead-PI); Douglas Lind (co-PI); Summer/Fall 1995; $5,200.

National Science Foundation (NSF): Program in Science, Technology, and Society Studies, “An Issues-Oriented Database for Ethics, Technology, and the Environment,” Kathryn P. George (lead-PI); Douglas Lind (co-PI); 5/13/94 to 4/30/95; $24,996.

University of Idaho Research Council: Seed Grant, “The Externalist Threat to Constitutional Adjudication”;Summer 1993; $6,000.

Martin Institute for Peace Studies and Conflict Resolution, University of Idaho: Research Support Grant; Summer 1992; $2,000.

Publications

Books

Pragmatism, Law, and Language, co-edited with Graham Hubbs (Routledge 2014).

Logic and Legal Reasoning (The National Judicial College Press 2001, 2d ed. 2007).

Articles, Essays, & Book Chapters

“Fact/Value Complexes in Law and Judicial Decision,” in Facts and Values: The Ethics and Metaphysics of Normativity, eds. Giancarlo Marchetti and Sarin Marchetti (Routledge 2017), 264-290 forthcoming.

“Environmental Remediation to Address Childhood Lead Poisoning Epidemic due to Artisanal Gold Mining in Zamfara, Nigeria,” with Simba Tirima, Casey Bartrem, Ian von Lindern, Margrit von Braun, Shehu Mohammad Anka, and Aishat Abdullahi, Environmental Health Perspectives124 (9)(2016), 1471-1478.DOI: 10.1289/ehp.1510145 (

“The Pragmatic Value of Legal Fictions,” in Legal Fictions in Theory and Practice, eds. Maksymilian Del Mar and William Twining (Springer 2015), 83-109.

“Basic Categories of Argumentation in Legal Reasoning,” The Judicial Review11 (2014), 429-457.

“The Execution of Ah Cho: Jack London’s Footnote to Justice Theory,” Australian Journal of Legal Philosophy37 (2012), 99-130.

“The Mismeasurement of Legal Pragmatism,” Washington University Jurisprudence Review 4 (2012), 213-268.

“Book Review: Thomas D. Eisele, Bitter Knowledge: Learning Socratic Lessons of Disillusion and Renewal,”Journal of Legal Education 60 (2011), 705-732.

“Indigenous and State Law,” Harvard International Review 32, no. 3(2010), 5.

“Pragmatism and Anthropomorphism: Reconceiving the Doctrine of the Personality of the Ship,” University of San Francisco Maritime Law Journal 22 (2010), 39-121.

“The Crane, the Swamp, and the Melancholy: Nature and Nihilism in Soviet Environmental Literature and Law,” Notre Dame Journal of Law, Ethics & Public Policy 23 (2009), 381-427.

“Reason and Justice: Tribal Courts, the Internet, and the Promotion of American Indian Sovereignty,” Sovereignty Symposium 19 (2006), V19-35.

“Restoring the Fallen Blue Sky: Management Issues and Environmental Legislation for Lake Sevan, Armenia”, with Lusine Taslakyan, Environs: Environmental Law and Policy Journal 29 (2005), 29-103.

“Introduction: Wittgenstein and Legal Theory,” in Law and Social Justice, eds. Joseph Keim Campbell, Michael O’Rourke, and David Shier (MIT Press, 2005), 213-215.

“Constitutional Adjudication as a Craft-Bound Excellence,” in Wittgenstein and Law, ed. Dennis Patterson (Ashgate 2004), 179-221 [reprint].

“Azdak, the Rascal Judge,” Canadian Journal of Law and Jurisprudence 12 (2000), 223-252.

“Logic, Intuition, and the Positivist Legacy of H.L.A. Hart,” SMU Law Review 52 (1999), 135-166.

“Free Law Movement,” in The Philosophy of Law: An Encyclopedia, ed. Christopher Berry Gray (Garland Pub. 1999), Vol. I, 314-318.

“Pragmatist Philosophy of Law,” in The Philosophy of Law: An Encyclopedia, ed. Christopher Berry Gray (Garland Pub. 1999), Vol. II, 678-681.

“From Radical Legal Critique to Alternative Dispute Resolution,” in Radical Critiques of the Law, ed. S.M. Griffin & Robert C.L. Moffat (University Press of Kansas 1997), 98-103.

“A Matter of Utility: Dworkin on Morality, Integrity, and Making Law the Best It Can Be,” Seton Hall Constitutional Law Journal 6 (1996), 631-681.

“Constitutional Adjudication as a Craft-Bound Excellence,” Yale Journal of Law & the Humanities 6 (1994), 353-395.

“Kant on Criminal Punishment,” Journal of Philosophical Research 19 (1994), 61-74.

“Free Legal Decision and the Interpretive Re-Turn in Modern Legal Theory,” American Journal of Jurisprudence 38 (1993), 159-188.

“On the Theory and Practice of Mediation: The Contribution of Seventeenth Century Jurisprudence,” Mediation Quarterly 10 (1992), 119-128.

“The Failure of Nozick’s Invisible-Hand Justification of the Political State,” Auslegung 15 (1989), 57-68.

“Umbrella Equities: Use of the Federal Common Law of Nuisance to Catch the Fall of Acid Rain,” Urban Law Annual 21 (1981), 143-178.

“The Tiering of Impact Statements – Can the Process Be Stopped Halfway?” Urban Law Annual 20 (1980), 197-214.

Under review:

Simba Tirima, Casey Bartrem, Ian von Lindern, Margrit von Braun, Douglas Lind, Geoffrey Plumlee, Shehu Mohammad Anka, and Aishat Abdullahi, “The Role of Dietary and Para-occupational Exposures among Children during the 2010-2013 Lead Poisoning Epidemic in Zamfara, Nigeria,” under submission to Journal of Environmental Sciences.

Professional Websites

Tribal Law Exchange Online Library (searchable online collection of legal materials related to American Indian tribal justice systems), (2007).

Honors and Awards

University of Idaho: Faculty Excellence Award for Outreach, 2002.

University of Idaho Environmental Science Program: Outstanding Faculty Award, 1996-97.

University of Pennsylvania: Dissertation Defense Passed with High Distinction, December 1990.

University of Pennsylvania: Mellon Dissertation Fellowship, 1988-89.

University of Pennsylvania: Philosophy Department Fellowship, 1984-1988, 1989-1990.

Washington University: Managing Editor, Urban Law Annual, 1980-81.

University of Minnesota: B.A. awarded magna cum laude, 1978.

University of Minnesota: Phi Beta Kappa, 1978.

Judicial/Legal Education Seminars, Programs, Workshops, and Short Courses

Sponsoring organizations for judicial and legal education seminars include the following:

International & Federal Judicial Institutes, Bar Associations, and Administrative Agencies

American Bar Association Central and Eastern European Law Initiative (CEELI)

American Bar Association, Section of Litigation

Australia: Family Court of Australia

Australia: Federal Magistrates Court of Australia

Australia: Industrial Relations Commission of New South Wales

Australia: Judicial College of Victoria

Australia: Judicial Commission of New South Wales

Kazakhstan Institute of Justice of the Academy of Public Administration

National Association of Unemployment Insurance Appellate Boards (NAUIAB)

National Foundation for Judicial Excellence

National Indian Court Justice Association

National Judicial College

National Tribal Judicial Center

New Zealand Institute of Judicial Studies

New Zealand Law Society

New Zealand Office of the Chief Tax Counsel, Inland Revenue

U.S. Board of Immigration Appeals

U.S. Department of Health and Human Services (HHS)

U.S. District and Bankruptcy Courts for the District of Idaho

U.S. Occupational Safety and Health Administration (OSHA) Review Commission

U.S. Office of Medicare Hearings & Appeals

USAID

State Courts, Bar Associations, and Administrative Agencies

Arizona State Bar

California Administrative Office of the Courts

Colorado Supreme Court

Georgia Institute for Continuing Legal Education

Idaho Magistrate Judges' Institute

Illinois Advanced Judicial Academy

Iowa Association of Administrative Law Judges

Kansas Association of Defense Counsel

Maryland Judicial Institute

Missouri Public Service Commission

Nevada State Bar

Nevada Supreme Court

New Jersey Institute for Continuing Legal Education

New Mexico State Bar

New York State Judicial Institute

New York Unemployment Insurance Appeal Board

North Carolina Bar Association Foundation

Northwest Institute for Dispute Resolution

Ohio Office of Medicare Hearings & Appeals

Ohio State Bar Association CLE Institute

Oklahoma State Bar

Oregon State Bar

Pennsylvania Bar Institute

South Carolina Bar - CLE Division

Texas Center for the Judiciary

Washington Growth Management Board

Wisconsin State Public Defender Association

Wyoming State Bar

2017

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, tbd, 2017.

Advanced Logic and Legal Reasoning for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, tbd, 2017.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, tbd, 2017.

Logic and Opinion Writing, 2-days of a 4-day seminar sponsored by The National Judicial College, Reno, Nevada, tbd, 2017.

2016

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, October 13, 2016.

Advanced Logic and Legal Reasoning for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 11, 2016.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 10, 2016.

Logic and Opinion Writing, 2-days of a 4-day seminar sponsored by The National Judicial College, Reno, Nevada, March 23-24, 2016.

2015

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, October 29, 2015.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 28, 2015.

Logic and Decision-making, 16-hour seminar presented to administrative law judges and hearing officers for the U.S. Department of Health and Human Services/Office of Medicare Hearings and Appeals, Irvine, California, June 2-3, 2015.

Logic and Decision-making, 16-hour seminar presented to administrative law judges and hearing officers for the U.S. Department of Health and Human Services/Office of Medicare Hearings and Appeals, at the Richard Bolling Federal Building, Kansas City, Missouri, May 11-12, 2015.

Logic in Appellate Adjudication, 9-hour seminar over two days as part of week-long course, 'Essential Skills for Appellate Judges', sponsored by The National Judicial College, San Diego, California, March 11-12, 2015.

Logic and Opinion Writing, 2-days of a 4-day seminar sponsored by The National Judicial College, San Diego, California, March 9-10, 2015.

2014

Logic and Decision-making, 16-hour seminar presented to administrative law judges and hearing officers for the U.S. Department of Health and Human Services/Office of Medicare Hearings and Appeals, at the Richard Bolling Federal Building, Kansas City, Missouri, November 3-4, 2014.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, October 23, 2014.

Advanced Logic and Legal Reasoning for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 21, 2014.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 20, 2014.

Logic and Opinion Writing, 2-days of a 4-day seminar at The National Judicial College, Reno, Nevada, March 17-20, 2014.

2013

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, September 19, 2013.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, September 17, 2013.

Logic and Legal Reasoning in Judicial Decision-Making, 16-hour program sponsored by the Judicial Commission of New South Wales, Sydney, NSW AUSTRALIA, September 12-13, 2013.

Philosophy, Law & Literature, 16-hour program sponsored by the Judicial College of Victoria, Melbourne, VIC AUSTRALIA, September 9-10, 2013.

Logic and Legal Reasoning in Judicial Decision Making, 16-hour program sponsored by the Judicial College of Victoria, Melbourne, VIC AUSTRALIA, September 5-6, 2013.

Logic and Opinion Writing, 2-days of a 4-day seminar at The National Judicial College, Reno, Nevada, April 29-May 2, 2013.

Logic in Appellate Adjudication, 8-hour seminar over two days as part of week-long course, 'Essential Skills for Appellate Judges', The National Judicial College, Reno, Nevada, March 20-21, 2013.

2012

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, October 25, 2012.

Logic for Lawyers, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 23, 2012.

Reasoning and Logic in Judicial Decision Making, 1-hour webcast seminar at The National Judicial College, Reno, Nevada, May 24, 2012.

Logic for Judges, 16-hour seminar at The National Judicial College, Reno, Nevada, May 21-22, 2012.

Logic in Appellate Adjudication, 8-hour seminar offered as part of week-long course, 'Essential Skills for Appellate Judges', The National Judicial College, Reno, Nevada, March 28-29, 2012.

2011

Reasoning and Logic in Agency Decision Writing, 8-hour programme for the New Zealand Office of the Chief Tax Counsel, Department of Inland Revenue, Wellington, NEW ZEALAND, September 16, 2011.

Logic and Opinion Writing, 2-days of a week-long seminar at The National Judicial College, Reno, Nevada, May 23-26, 2011.

The Use of Formal Logic for Effective Advocacy, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, March 16, 2011.

The Use of Formal Logic for Effective Advocacy, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, March 14, 2011.

When Justice Fails, 2-day programme sponsored by the New Zealand Institute of Judicial Studies, (co-presenters: Hon Justice Joseph Williams, High Court of NZ; Judge Carrie Wainwright, Waitangi Tribunal), Wellington, NEW ZEALAND, March 10-11, 2011.

2010

Critical Reasoning: An Introduction, 2-hour presentation at the Industrial Relations Commission of New South Wales Annual Conference, sponsored by the Judicial Commission of New South Wales, Kiama, NSW AUSTRALIA, October 22, 2010.

Ethics & Obligations in Decision Making: An Exploration through Literature, Philosophy and Case Law, 16-hour program sponsored by the Family Court of Australia & the Federal Magistrates Court of Australia, Canberra, ACT AUSTRALIA, October 19-20, 2010.

Ethics & Obligations in Decision Making: An Exploration through Literature, Philosophy and Case Law, 16-hour program sponsored by the Family Court of Australia & the Federal Magistrates Court of Australia, Canberra, ACT AUSTRALIA, October 16-17, 2010.

Ethics & Obligations in Decision Making: An Exploration through Literature, Philosophy and Case Law, 16-hour program sponsored by the Family Court of Australia & the Federal Magistrates Court of Australia, Canberra, ACT AUSTRALIA, October 14-15, 2010.

The Use of Formal Logic for Effective Advocacy, 7-hour programme sponsored by the New Zealand Law Society, Auckland, NEW ZEALAND, October 11, 2010.

The Use of Formal Logic for Effective Advocacy, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 8, 2010.

The Use of Formal Logic for Effective Advocacy, 7-hour programme sponsored by the New Zealand Law Society, Wellington, NEW ZEALAND, October 7, 2010.

Logic for Judges, 16-hour seminar at The National Judicial College, Reno, Nevada, August 16-17, 2010.

The Art of Legal Reasoning, 6-hour seminar sponsored by the North Carolina Bar Association Foundation, Raleigh, North Carolina, April 30, 2010.