The Catholic University of America
Law Faculty

Marshall J. Breger – Professor of Law

Marshall J. Breger

Marshall J. Breger is a professor of law at the Columbus School of Law, The Catholic University of America. From 1993-95, he was a senior fellow at the Heritage Foundation, Washington, D.C.

During the George H.W. Bush Administration he served as Solicitor of Labor, the chief lawyer of the Labor Department with a staff of over 800. During 1992 by presidential designation he served concurrently as Acting Assistant Secretary for Labor Management Standards.

From 1985-91 Breger was chairman of the Administrative Conference of the United States, an independent federal agency. During 1987-89 he also served as alternate delegate of the U.S. to the U.N. Human Rights Commission in Geneva.

From 1982-84 he served as special assistant to President Reagan and his liaison to the Jewish Community.

In Fall 2002, Breger was Lady Davis Visiting Professor of Law at the Hebrew University of Jerusalem. In Fall 2003 he was Distinguished Sy-Cip Fulbright Lecturer in the Philippines.

Breger is a contributing columnist to Moment magazine. He writes and speaks regularly on legal issues and has published over 25 law review articles in publications including the Stanford Law Review, Boston University Law Review, Duke Law Journal and North Carolina Law Review. He has published as well in periodicals such as the Middle East Quarterly, the National Interest, the Los Angeles Times, the Wall Street Journal, the Washington Post, and the New York Times. He has testified more than 30 times before the United State Congress. His subjects include constitutional law, arbitration, foreign relations law of the United States, and a seminar on the Middle East peace process.

Breger is the author (with Tom Idinopolis) of a monograph, Jerusalem's Holy Places and the Peace Process, (Washington Institute of Near East Policy, 1998). He is the editor (with Ora Ahimeir) of Jerusalem: A City and Its Future (Syracuse University Press, 2002) as well as editor of Public Policy and Social Issues: Jewish Sources and Perspectives (Praeger 2003) and The Vatican-Israel Accord: Legal, Pontifical, and Theological Issues (Notre Dame University Press, 2004)(in press). Together with David M. Gordis, he co-edited Vouchers for School Choice: Challenge or Opportunity? An American Jewish Reappraisal, (Wilstein Institute of Jewish Policy Studies, 1998).

He is Vice-President of of the Jewish Policy Center, a Jewish conservative think-tank.

Professor Breger holds a B.A. and M.A., 1967, from University of Pennsylvania, a B.Phil., 1970, from Oriel College, Oxford University; and a J.D., magna cum laude 1973, from the University of Pennsylvania Law School, where he was an editor of the law review and a member of the Order of the Coif.

Together with his wife, Jennifer, Professor Breger has two daughters. Sarah Gabriela, managing editor of Moment Magazine, and Esther Maria, an assistant editor with The New Republic. He lives in Silver Spring, Maryland.             

 

Research and Writing

BOOKS

 
The Vatican-Israel Accord: Legal, Political, and Theological Issues (Notre Dame University Press, 2004)(in press).
Public Policy and Social Issues: Jewish Sources and Perspectives (Praeger 2003)
 
Jerusalem: A City and Its Future (Syracuse University Press, 2002) (edited with Ora Ahimeir).

ADR in the Federal Government: A Practitioner's Handbook. : (American Bar Association, 2000)

Vouchers for School Choice, Challenges or Opportunity?:An American Jewish Reappraisal. Washington, DC: Wilstein Institute of Jewish Policy Studies, 1999. (edited with David Gordis).

Jerusalem's Holy Places and the Peace Process. Washington, D.C.: The Washington Institute for Near East Policy, 1998 (with Thomas A. Idinopulos).

BOOK CHAPTERS

"The Christian Right and the Jewish Community." In Jews and Conservative Christians. New York: American Jewish Committee, 1996.

BOOK REVIEWS

"Review of Jewish Power by J.J. Goldberg." Commentary (February 1997): 68.

"Pursuing Justice: Pitfalls and Prospects." (Review-essay of Marvin Frankel, Partisan Justice), 34 Stanford Law Review 501 (1982).

JOURNAL ARTICLES

"International Commercial Arbitration: A Case Study of the Areas Under Control of the Palestinian Authority." Case Western Reserve International Law Review(2000) (with Shelby Quast).

"Established by Practice: The Theory and Operation of Independent Federal Agencies." 52 Administrative Law IIII (Fall 2000) (with Gary Edles).

"Is There an Ethical Duty to Consult With Your Client on ADR?" Georgetown Journal of Legal Ethics(2000).

"Should an Attorney be Required to Advise Client of ADR Options?" 13, Georgetown Journal of Legal Ethics 427 (May 2000).

"Why Likud Needs the Peace Process." Middle East Quarterly. (March 1999): 37.

"An Introduction: The Fundamental Agreement Between the Holy See and the State of Israel: A Symposium." Catholic University Law Review 47 (Winter 1998): 369.

"Government Accountability in the Twenty-First Century." University of Pittsburgh Law Review 57 (Winter 1996): 423.

"Regulatory Flexibility and the Administrative State." Tulsa Law Journal 32 (Winter 1996): 325.

"Indeterminacy and Craft in Judicial Review of Administrative Law: A Comment on Shapiro and Levy." Catholic University Law Review 45 (Fall 1995): 109.

"Defending Defenders: Remarks on Nichol and Pierce." 42 Duke Law Journal 1202 (April 1993) [remarks made at a symposium on Lujan v. Defenders of Wildlife 112 S. Ct. 2130 (1992), with Professor Richard Pierce (Columbia University), Professor Gene Nichol (University of Colorado), and John Roberts (Deputy Solicitor-General)].

"Legal Aid for the Poor: A Conceptual Analysis." 60 North Carolina Law Review 281 (1982).


NEWSPAPERS AND MAGAZINE ARTICLES


"How Arabs Fight Islamism: A Letter from Tunis," The National Interest, No. 73, Fall 2003 at 117.


"A Jewish and a Democratic Israel?," Moment (December 2000) at p. 34.


"Memorandum to the Next President Re: Middle East," Middle East Insight 40 (Nov./Dec. 2000).


"Keep the Middle East Out of It," Forward (August 25, 2000) at 9 (with Ted Mann).


"The Freedom to Exclude," Moment (August 2000) at p. 30.


"Is the Holocaust Unique?," Moment (April 2000) at p. 34.


"The Vatican and The Middle East: Pope John Paul II' s Trip to the Holy Land," Peace Watch no. 250, Washington Institute for Near East Policy (March 17, 2000) (with George Weigel).


"Letter From a Republican Friend." The Jerusalem Post (January 14, 2000).

Interview, "His Excellency President Ben Ali of Tunisia," Middle East Insight, Vol. 15, No. 4 pp.7-8 (2000).


"Awaiting the First Report on International Religious Freedom." Policy Watch 407 (September 7, 1999).


"Advise from a Republican Friend." Ha'aretz (July 19, 1999).


"Row Over the Embassy, Constitution Prevents Congress from Moving Ambassador to Jerusalem." Legal Times (May 10, 1999): 22.


"End of the Myth of the 'Treat from the East.'" Los Angeles Times (March 29, 1999).


"Jerusalem Gambit." National Review 47 (October 23, 1995): 41.


REPORTS

"In Good Faith: A Dialogue on Government Funding of Faith- Based Social Services" (Co-Drafter) (prepared for Pew Charitable Trusts, 2001).


ONGOING SCHOLARSHIP

I am engaged in work on the legal issues related to the concept of 'holy places' and sacred space as well as continued study of the independent federal agencies in American administrative law. I also continue to work on issues related to the Middle East peace process, as well as interfaith issues, particularly related to Islam.

In His Words ...

"A law professor’s job is to provide his or her students with the analytical tools needed to identify and assess those facts relevant to a legal conclusion and to both understand and influence the development of legal doctrine so as to better assist their clients. My goal is to prepare students to be “practice ready” ten to fifteen years down the road as well as the year they graduate."

– Marshall J. Breger

Contact

Office: 460 Law School
The Catholic University of America
3600 John McCormack Rd., NE
Washington, D.C. 20064

Phone: 202-319-6754

E-mail: breger@law.edu
 

Courses

  • Foreign Affairs and the Constitution
  • Administrative Law
  • Constitutional Law
  • Legal Issues of the Middle East Peace Process
     

Education

J.D.
Magna cum laude, University of Pennsylvania Law School, 1973

B.A. and M.A.
University of Pennsylvania, 1967

B.Phil.
Oriel College, Oxford University, 1970

 

Areas of Expertise

  • Foreign Relations Law
  • The Middle East Peace Process
  • Administrative Law
  • Arbitration
     

Experience

  • Solicitor of Labor, United States Department of Labor, 1988-1992
  • Chairman, the Administrative Conference of the United States, 1985-91
  • Special Assistant to President Reagan,  liaison to the Jewish Community, 1982-84