Dean and Trustee Professor
Teaching Interests
Civil Procedure; Class Actions; Federal Courts; Jurisdiction; Military Law
Representative Professional Activities and Achievements
An expert in the field of civil procedure and federal jurisdiction, Professor A. Benjamin Spencer became Dean of William & Mary Law School on July 1, 2020. Prior to that, he served on the faculty at the University of Virginia School of Law, first as the Earle K. Shawe Professor of Law (2014–2017), as a Professor of Law (2017-2018) and as the Justice Thurgood Marshall Distinguished Professor of Law (2018–2020). During the 2019-2020 academic year, he was the Bennett Boskey Visiting Professor of Law at Harvard Law School.
Spencer has authored two books in the area of civil procedure, Acing Civil Procedure and Civil Procedure: A Contemporary Approach. Both are used widely by professors and students throughout the country. He is also an author of Wright & Miller's Federal Practice & Procedure, a multi-volume treatise that is the preeminent reference work on civil procedure topics for practitioners, courts, and professors. Chief Justice John Roberts recently appointed Spencer to the Advisory Committee on Civil Rules of the U.S. Judicial Conference.
Spencer previously served as professor, associate dean for research, and director of the Frances Lewis Law Center at Washington and Lee University School of Law. He is a member of the American Law Institute, a member of the West Academic Law School Advisory Board, and a member of the British Ambassador's Advisory Council. He formerly served on the Virginia State Bar Council and has served as a special assistant U.S. attorney for the Western District of Virginia, occasionally handling appellate cases in the Fourth Circuit on behalf of the government on a pro bono basis. In 2007, he was awarded the Virginia State Council of Higher Education "Rising Star" award, given to the most promising junior faculty member among all academic fields at all colleges and universities in Virginia. He was the first law professor to receive this award.
Prior to joining the Washington and Lee faculty, Spencer was an associate professor of law at the University of Richmond School of Law. He also formerly worked as an associate in the law firm Shearman & Sterling and as a law clerk to Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. He visited Virginia Law during the 2011-2012 school year.
Spencer holds a B.A. from Morehouse College, a J.D. from Harvard Law School, and a Master of Science from the London School of Economics, where he was a Marshall Scholar. He also served as an officer in the Judge Advocate General's Corps of the U.S. Army (Reserve) for nearly 10 years.
See also, materials related to Professor Spencer's tenure as dean in the repository's Law School Deans collection.
Articles
Rule 4(K), Nationwide Personal Jurisdiction, and the Civil Rules Advisory Committee: Lessons from Attempted Reform, A. Benjamin Spencer
(73 Alabama Law Review 607-620 (2022))Out of the Quandary: Personal Jurisdiction Over Absent Class Member Claims Explained, A. Benjamin Spencer
(39 The Review of Litigation 31-52 (2019))The Territorial Reach of Federal Courts, A. Benjamin Spencer
(71 Florida Law Review 979-1015 (2019))Understanding the Department of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer
(2017 The Army Lawyer 4-17 (2017))Rationalizing Cost Allocation in Civil Discovery, A. Benjamin Spencer
(34 The Review of Litigation 769-813 (2015))The Forms Had a Function: Rule 84 and the Appendix of Forms as Guardians of the Liberal Ethos in Civil Procedure, A. Benjamin Spencer
(15 Nevada Law Journal 1113-1140 (2015))Class Actions, Heightened Commonality, and Declining Access to Justice, A. Benjamin Spencer
(93 Boston University Law Review 441-491 (2013))Pleading and Access to Civil Justice: A Response to Twiqbal Apologists, A. Benjamin Spencer
(60 UCLA Law Review 1710-1739 (2013))The Law School Critique in Historical Perspective, A. Benjamin Spencer
(69 Washington & Lee Law Review 1949-2063 (2012))The Judicial Power and the Inferior Federal Courts: Exploring the Constitutional Vesting Thesis, A. Benjamin Spencer
(46 Georgia Law Review 1-68 (2011))The Preservation Obligation: Regulating and Sanctioning Pre-Litigation Spoliation in Federal Court, A. Benjamin Spencer
(79 Fordham Law Review 2005-2034 (2011))Iqbal and the Slide Toward Restrictive Procedure, A. Benjamin Spencer
(14 Lewis & Clark Law Review 185-202 (2010))Nationwide Personal Jurisdiction for our Federal Courts, A. Benjamin Spencer
(87 Denver University Law Review 325-334 (2010))The Restrictive Ethos in Civil Procedure, A. Benjamin Spencer
(78 The George Washington Law Review 353-373 (2010))Understanding Pleading Doctrine, A. Benjamin Spencer
(108 Michigan Law Review 1-36 (2009))Plausibility Pleading, A. Benjamin Spencer
(49 Boston College Law Review 431-494 (2008))Pleading Civil Rights Claims in the Post-Conley Era, A. Benjamin Spencer
(52 Howard Law Journal 99-166 (2008))Anti-Federalist Procedure, A. Benjamin Spencer
(64 Washington & Lee Law Review 233-293 (2007))Jurisdiction and the Internet: Returning to Traditional Principles to Analyze Network-Mediated Contacts, A. Benjamin Spencer
(2006 University of Illinois Law Review 71-126 (2006))Jurisdiction to Adjudicate: A Revised Analysis, A. Benjamin Spencer
(73 The University of Chicago Law Review 617-672 (2006))Terminating Calder: "Effects" Based Jurisdiction in the Ninth Circuit After Schwarzenegger v. Fred Martin Motor Co., A. Benjamin Spencer
(26 Whittier Law Review 197-223 (2004))Conferences
Pleading in State Courts After Twombly and Iqbal, A. Benjamin Spencer
(18th Annual Forum for State Appellate Court Judges, Sponsored by the Pound Institute for Civil Justice.)Editorials
Here Are Ways Professional Education Leaders Can Prepare Students for the Rise of AI, A. Benjamin Spencer
(Higher Ed Dive (July 17, 2023))Higher Ed Has Faults -- But Don't Ignore Its Utility, A. Benjamin Spencer
(The Hill (September 17, 2022))Law Schools Must Do More to Retain First-Generation Students, A. Benjamin Spencer and Charleigh Kondas
(US Law Week (Bloomberg Law) (February 15, 2022))Making the Path to a Law Degree More Accessible for Everyone, A. Benjamin Spencer
(US Law Week, Bloomberg Law (October 31, 2022))Calls to Eliminate Bar Exams Are Premature, A. Benjamin Spencer
(US Law Week (Bloomberg Law) (August 3, 2021))Law Schools, Law Firms Must Share Responsibility for Diversity, A. Benjamin Spencer
(US Law Week (Bloomberg Law) (July 21, 2021))Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
(The Hill (March 5, 2020))First, We'll Neuter All the Judges, A. Benjamin Spencer
(The Hill (February 14, 2020))Justices Make the Tough-- But Right-- Call in Cross-Border Shooting Case, A. Benjamin Spencer
(The Hill (February 28, 2020))The Day After Tomorrow, Katherine Rowe and A. Benjamin Spencer
(Inside Higher Ed (November 3, 2020))Those Who Can Vote Are Duty-Bound to Do So, A. Benjamin Spencer
(Virginian-Pilot (October 24, 2020))We Must Restore Americans' Faith in Our Federal Bench, A. Benjamin Spencer
(The Hill (November 20, 2020))Yearning for an Independent Federal Judiciary, A. Benjamin Spencer
(Newsweek (September 30, 2020))Spencer: Chief Justice John Roberts and the Loss of Access to Justice, A. Benjamin Spencer
(Richmond Times-Dispatch (January 14, 2016))Section on the Education of Lawyers Remains Committed to Improving Legal Training, A. Benjamin Spencer
(61 Virginia Lawyer 17 (2012))News
"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects on Career, Molly Parks and A. Benjamin Spencer
(Flat Hat News (February 7, 2023))Notes
Antitrust and the Information Age: Section 2 Monopolization Analyses in the New Economy, A. Benjamin Spencer
(114 Harvard Law Review 1623-1646 (2001))Podcasts
Are Court Rules Important?, Scott Dodson and A. Benjamin Spencer
(Litigation Briefs (October 5, 2021))Special Podcast Series: Wright & Miller’s Federal Practice & Procedure Marks 50 Years of Publication – episode 3: The Evolution & Future of Personal Jurisdiction & Pleadings, A. Benjamin Spencer, Adam Steinman, and Arthur Miller
(Thomson Reuters, Legal Current (September 12, 2019))Changing the Rules of Discovery-- Podcast, A. Benjamin Spencer and Alexander R. Dahl
(The Federalist Society, Litigation Practice Group (August 19, 2016))Reports
Policing Diversity: Lessons from Lambeth, A. Benjamin Spencer and Michael Hough
(British Home Office Policing and Reducing Crime Unit, Paper 121 (2000))Responses or Comments
A Father's Lament: UVA Law Professor A. Benjamin Spencer on Charlottesville, A. Benjamin Spencer
(National Law Journal (Online) (September 29, 2017))