Andrew Popper

Professor of Law

Office: Room 414
Phone: 202-274-4233
E-mail: vCard


Andrew F. Popper teaches Torts, Administrative Law, Government Litigation (a seminar), and Advanced Administrative Law at American University’s Washington College of Law. He was associate dean of the law school between 1988 and 1995. He is the recipient of the American Bar Association (ABA) Robert B. McKay Award for Excellence in Tort Law and of a number of university-wide awards. He is the faculty advisor to the ADMINISTRATIVE LAW REVIEW, liaison to the ABA Section on Administrative Law and Regulatory Practice, and director of the law school's Integrated Curriculum Program. He has served as chair of the Administrative Law Section of the Federal Bar Association and has been a site visitor for the ABA and AALS, participating in the accreditation review of twelve other law schools.

Professor Popper is the author of more than 100 published books, articles, papers, and public documents. Since 2007, he has published two novels, REDISCOVERING LONE PINE (West, 2009), and BORDERING ON MADNESS: AN AMERICAN LAND USE TALE (Carolina Academic Press, 2008), and two casebooks, ADMINISTRATIVE LAW: A CONTEMPORARY APPROACH (West, 2009, with McKee), and, A COMPANION TO BORDERING ON MADNESS: CASES, SCHOLARSHIP, AND CASE STUDIES (Carolina Academic Press, 2008, with Avitabile and Salkin). He has served as a consumer rights advocate and pro bono counsel for the Consumers Union of America, testified before various Congressional committees, and authored amicus curiae briefs before the United States Supreme Court. Prior to coming to the Washington College of Law, he held an endowed chair at the University of Denver, School of Law. Before going into teaching, he practiced law in Washington, DC.



Areas of Specialization

  • Antitrust and Economic Regulation
  • Products Liability
  • Torts and Compensation Systems
  • Administrative Law

Degrees & Universities

  • LL.M., George Washington University National Law Center 1976
  • J.D., DePaul University School of Law 1973
  • B.A., Baldwin-Wallace College 1970

  • Selected Publications

    • + More Publications...

    • Andrew Popper, In Defense of Deterrence, 75 Alb. L. Rev. 181 (2011/2012).
    • Andrew Popper, The Two-Trillion Dollar Carve Out: Foreign Manufacturers of Defective Goods and the Death of H.R. 4678 in the 111th Congress, 26 BNA Insight (January 2011).
    • Andrew Popper, A Perspective on Independent Judicial Review in Vietnam and the United States, 3 Saberes, Law Review of the Law School at Universidad Alfonso X Al Sabio (Fall 2005).
    • Andrew Popper, The Unpredictable Scope of Judicial Review, 2 Saberes, Law Review of the Law School at Universidad Alfonso X Al Sabio (January 2005).
    • Andrew Popper, U.S. Tort Reform, 27 Civ. & Com. L. Rev. Hong Kong 379 (2003).
    • Andrew Popper, Tort Reform Policy More Than State Law Dominates Section 2 of the Third Restatement, 8 Kan. J. L & Pub. Policy 38 (1998).
    • Andrew Popper, What's the Scoop on Tobacco?, 20 Leg. Times 29 (Oct. 17, 1997) (reprinted in 150 N.J. L.J. 715 (Nov. 24, 1997); "Media Coverage of Tobacco Cases: More Smoke Than Light," Tex. Law. (Nov. 3, 1997); "Trying to Read the Tobacco Leaves: News Coverage of Tobacco Sheds Little Light," Fulton Co. Daily Rep. (Oct. 28, 1997); "The War is Far From Over," Conn. L. Trib. (Nov. 3, 1997)).
    • Andrew Popper, Preserve Rate Making Immunity, J. of Com. (Oct. 3, 1997).
    • Andrew Popper, Tobacco's Black April, 148 N.J. L. J. 579 (May, 1997) (reprinted in 21 Leg. Times 23 (May 5, 1997); Conn. Leg. Trib. (May 12, 1997); Tex. Law. (May 26, 1997)).
    • Andrew Popper, The Uneasy Integration of Adjunct Law Professors Into American Legal Education, 47 J. Leg. Educ. 83 (Spring, 1997).
    • Andrew Popper, Administrative Law in the 21st Century, 49 Admin. L. Rev 137 (1996).
    • Andrew Popper, In Defense of Antitrust Immunity for Collective Ratemaking: Life After the ICC Termination Act of 1995, 35 Transp. J. 26 (1996, Issue 4).
    • Andrew Popper, Federal Tort Reform Is Still a Bad Idea: A Comment on Senate Bill 687, 16 J. Prods. & Toxics Liab. 105 (1994).
    • Andrew Popper, The Federal Administrative Judiciary, Fed. B. Assn. (Aug. 1992).
    • Andrew Popper, Tort Reform--Commentary, 25 Md. B.J. 31 (1992).
    • Andrew Popper, Haslip on Punitive Damages: A Political and Consumer Perspective, Toxic L. Rptr. 1359 (Mar. 27, 1991) (reprinted in BNA Product Safety & Liability Reporter (Mar. 22, 1991)).
    • Andrew Popper, Contract Rules Advance Public Policies, Transp. Exec. Update (Jan/Feb 1991).
    • Andrew Popper, Commentary, 4 Admin. L.J. Am. U. 831 (1990).
    • Andrew Popper, A Tort Law Perspective Regarding Victims of Crime, ABA (1987).
    • Andrew Popper, Antitrust Commentary, 53 Transp. Practs. J. 183 (1986).
    • Andrew Popper, Antitrust Commentary: Southern Motor Carriers, 52 Transp. Practs. J. 529 (1985).
    • Andrew Popper, The Profoundly Injured Child: How to Assess Damage to the Family Unit, 20 Tr. 28 (1984).
    • Andrew Popper, Antitrust Commentary, 51 I.C.C. Practioners J. 287 (1984).
    • Andrew Popper, Antitrust Commentary, 52 Transp. Practs. J. 117 (1984).
    • Andrew Popper, Antitrust Editorial Comment: The 1984 Supreme Court, 51 Interstate Com. Commn. Practs. J. 609 (1984).
    • Andrew Popper, Comment: American Trucking Associations Inc. v. ICC; United States v. Southern Motor Carriers Rate Conference; Ex Parte No. MC-166, 50 Interstate Com. Comm. Practs. J. 79 (Nov.-Dec. 1983).
    • Andrew Popper, Eliminating Immunity: The Antitrust Presumption, 50 Interstate Com. Comm. Practs. J. 440 (1983).
    • Andrew Popper, The Antitrust System: An Impediment to the Development of Negotiation Models, 32 Am. U. L. Rev. 1201 (1983).
    • Andrew Popper, An Administrative Law Perspective on Consensual Decisionmaking, 35 Admin. L. Rev. 255 (1983).
    • Andrew Popper, Case Comment: Ex Parte No. MC-156, 50 Interstate Com. Comm. Practs. J. 326 (Dec. 1982).
    • Andrew Popper, The Motor Carrier Act: Alter Antitrust Immunity for Collective Ratemaking, 26 Your Ltr. of the L. 25 (1981).
    • Andrew Popper, Shipper Antitrust Liability in a Rate-Deregulated Market; Fundamental Inquiries and Analysis, in Collective Ratemaking in the Motor Carrir Industry: Implications to the Public ( 1980).
    • Andrew Popper & Barbara Entwistle, Trying an Antitrust Case, Overview of Antitrust Law, Evidence, Settlement and Negotiation and New Developments, in Manual, L.E.A.A.-Department of Justice Grant Publication (Department of Justice 1979).
    • Andrew Popper, Antitrust Considerations in Motor Carrier Regulation, Transp. L. Conf., Papers (Series 78-5) , 70-106 (1978).
    • Andrew Popper, Collective Ratemaking: A Case Analysis of the Eastern Central Region and a Hypothesis for Analyzing Competitive Structure, 10 Transp. L. J. 365 (1978).
    • Andrew Popper, Workshop on Computerized Legal Research, 1978 Transp. L. Inst. 307 (1978).
    • Andrew Popper, Finance Transactions--Jurisdictional Requirements, 1977 Transp. L. Inst. 1 (1977).
    • Andrew Popper, In The Matter of Consumers Power: Applying the Antitrust Laws to the Nuclear Electric Utility Industry, 4 Ohio N.U. L. Rev. 499 (1977).
    • Andrew Popper, Book Review: "A Treatise on International Criminal Law, Crimes and Punishment, Jurisdiction and Cooperation", 51 U. Denver L. Rev. 197 (1974).
    • Andrew Popper, A 1971-1972 Survey of Foreign Law in the United States Courts, #11 2 The Globe (Illinois State Bar Association, International Law Section) (Sept. 1973).
  • + Selected Works in Progress

    • Andrew Popper, Their Sacred Estates (aka "The War of the Greenbelt") ( Forthcoming).
  • + Selected Presentations

    • Andrew Popper, Speech, Fictional Narrative and the Traditional Socratic Class (U. Md., Apr. 15, 2010).
    • Andrew Popper, Legislative Hearing, The Nonprofit Athletic Organization Act of 2006 (Before the United States House of Representatives, Floor Debate, Wash., D.C., Dec. 5, 2007) (reprinted in Congressional Record, H8691 with the full text (less footnotes) in Cong. Rec.E2214, Extensions, Dec. 8, 2007).
    • Andrew Popper, Legislative Hearing, Hearings on H.R. 3509, The "Workplace Goods Job Growth and Competitiveness Act of 2005" (Before the Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, United States House of Representatives, 109th Congress, First Session, Wash., D.C., Mar. 14, 2006).
    • Andrew Popper, Speech, Questions Candidates Should – And Should Not– Ask (Association of American Law Schools, Nov. 20, 2005).
    • Andrew Popper, Speech, Is Judicial Review in Vietnam Sufficiently Independent to Meet WTO Fairness Requirements? (ASEAN/U.S. AID Forum, Aug. 3, 2005).
    • Andrew Popper, Speech, Courts, Legislatures, and a Response to Walter Dellinger (Brookings/Amerian Enterprise Institute Judicial Symposium, Apr. 29, 2005).
    • Andrew Popper, Speech, A Plaintiffs Perspective on the Medical Malpractice Premium Crisis (International Health Policy Forum, American University, Washington College of Law, Wash., D.C., Feb. 23, 2005).
    • Andrew Popper, Legislative Hearing, Increasing Volunteers by Reducing Legal Fears: Hearings on H.R. 1084, H.R. 3369, and H.R. 1787 (Before the Committee on the Judiciary, United States House of Representatives, 180th Congress, Wash., D.C., July 20, 2004).
    • Andrew Popper, Panel, Election Campaign Refrom (Administrative Law Review Symposium, American University Washington College of Law, Wash., D.C., 2004) (Fall 2004, Administrative Law Revew).
    • Andrew Popper, Speech, Scope and Review and Agency Discretion (U.S. Embassy Seminar, Mexico City, Mex., Oct. 10, 2003).
    • Andrew Popper, Speech, Viewing Tort Law as Public Interest Lawyering (Public Interest Roundtable, American University Washington College of Law, Wash., D.C., Oct. 2, 2003).
    • Andrew Popper, Speech, Facing Community Opposition in Zoning Cases (American University Washington College of Law, Wash., D.C., Apr. 2, 2002).
    • Andrew Popper, Speech, Land Use Lawyering: Confronting Oppositional Behavior (Founder's Day Program, American University Washington College of Law, Wash., D.C., Mar. 2001).
    • Andrew Popper, Speech, The Relationship between the Academy and the Legal Profession (Founder's Day Program, American University Washington College of Law, Wash., D.C., Apr. 1999).
    • Andrew Popper, Speech, The Restatement (Third): An Unfortunate Homage to Tort Reform Politics (Organization of Economic and Legal Policy, Lawrence, Kan., June 26, 1998).
    • Andrew Popper, Speech, Political, Emotional, and Technical Challenges Associated with the Construction of a New Law School Facility (American Bar Assocaition, Section on Legal Education and Admission to the Bar, Conference on Bricks and Bytes, III, Washington University, Mar. 1997).
    • Andrew Popper, Speech, The Necessity of Punitive Damages (University of Wisconsin, School of Law, Institute for Legal Studies, Madison, Wis., Oct. 27, 1996).
    • Andrew Popper, Speech, Core Issues Regarding Hiring, Training, and Evaluation of Law School Adjuncts (American Bar Association, Section on Legal Education and Admission to the Bar, Jackson Hole, Wyo., June 6, 1996).
    • Andrew Popper, Speech, Protecting Speech, Free Exercise, and Avoiding Establishment All With 'No Law': Who Were the Founders Trying to Kid? (United Methodists Church Educational Program, Bethesda, Md., Apr. 28, 1996).
    • Andrew Popper, Speech, Antitrust Immunity After the ICC Termination Act of 1996 (Eastern Central-Middle Atlantic Conference Board Meeting, Apr. 10, 1996).
    • Andrew Popper, Speech, Administrative Law in the 21st Century (Centennial Panel on the Future of Administrative Law, American University Washington College of Law, Wash., D.C., Apr. 1996).
    • Andrew Popper, Speech, Teaching and Testing: Guidelines and Suggestions for Prospective Law Faculty (American Intellectual Property Association, Washington, D.C., Oct. 28, 1995).
    • Andrew Popper, Speech, Unlocking the Secrets of the Employment Market: Lawyers CAN be Teachers (American Intellectual Property Association, D.C., Oct. 24, 1994).
    • Andrew Popper, Speech, The Most Delicate Task: Hiring, Re-Evaluating, and Dismissing Adjunct Law Faculty (Association of American Law Schools, Law School Administration Workshop, D.C., Oct. 1994).
    • Andrew Popper, Speech, Tort Protection for the Symbols of Indigenous Peoples (Colloquium Series, Washington College of Law, D.C., Apr. 16, 1994).
    • Andrew Popper, Speech, The Clinton Administration After One Year, The First Annual Checkup (Federal Bar Association Senator Roberty Byrd Conference, D.C., Aug. 1992).
    • Andrew Popper, Speech, The Impace of Law Schools on Incivility in the Practice of Law (D.C. Inns of Court, Apr. 1992).
    • Andrew Popper, Speech, Product Liability Laws and Malpractice (National Press Foundation, July 17, 1991).
    • Andrew Popper, Speech, Expanding the Resource Pool: Families as Plaintiffs in Traumatic Head Injury Cases (Joint Program of the Maryland Trial Lawyers Association and the Maryland Head Injury Foundation, May 31, 1991).
    • Andrew Popper, Speech, Tort Reform: A Masterpeice of Public Deception (Irving A. Levine Memorial Lecture, Montgomery Continuing Legal Education Institite, Apr. 17, 1991).
    • Andrew Popper, Speech, Post-Maislin Legislative Options (Northeastern Transporation Association, Oct. 10, 1990).
    • Andrew Popper, Speech, Coincident Pricing and Common Carriage on a Collision Course (Regular Route Common Carriers Conference, Feb. 12, 1990).
    • Andrew Popper, Speech, A Policy Analysis of Trigger Tariffs and Other Forms of Nonstanding Pricing (Southeast Transportation Association, Apr. 14, 1989).
    • Andrew Popper, Speech, Is There a Clear Policy Directing Discounting or Adoption of the Master Tariff Based on Supreme Court Decisions? (Eastern Central Motor Carrier Association, July 16, 1988).
    • Andrew Popper, Speech, Freedom of Speech: First Amendment Concerns for a Censors Conscience (National Issues Forum, D.C., Sept. 30, 1987).
    • Andrew Popper, Speech, Legal Considerations of the Family Unit as Litigant (Maryland Head Injury Foundation, Apr. 25, 1987).
    • Andrew Popper, Speech, Panel and Commentary: A Tort Reform Perspective for Journalists (Foundation for American Communication, Nov. 9, 1986).
    • Andrew Popper, Speech, Corporate Responsibilty and Tort Refrom (Bureau of National Affairs, Sept. 22, 1986).
    • Andrew Popper, Speech, Legal Implications of Catastrophic Injury: Case Study on Depressed Skull Fractures (Bryn Mawr Rehabilitation Conference, Mar. 15, 1986).
    • Andrew Popper, Speech, Criminal Responsibility and Toxic Torts: Overview (Bureau of National Affairs CLE Program, Nov. 7, 1985).
    • Andrew Popper, Speech, Product Liability Reform: A Critical Analysis of Compensation Alternatives (U.S. Senate Seminar Series, Dodd Seminar, Oct. 24, 1985).
    • Andrew Popper, Speech, Traumatic Injury to Children and Compensable Familiar Distress (Association of Trial Lawyers of America, June 7, 1985).
    • Andrew Popper, Speech, The New Libel Law: Reputation Panacea or Constitutional Affront? (Maryland Continuing Legal Education Institute, May 23, 1985).
    • Andrew Popper, Speech, Federal Standards for Product Liability: Preemption Without Valid Purpose (American Enterprise Institute, June 16, 1984).
    • Andrew Popper, Speech, The D.C. Circuit and Regulatory Policy: A Judicial Condemnation of Administrative Inaction (Federal Executive Seminar Series, May 8, 1984).
    • Andrew Popper, Speech, Profoundly Injured Child: The Damages and Challenges to the Child and Family Unit (The Association of Trial Lawyers of America, Mar. 31, 1984).
  • + Selected Honors & Awards

    • American University's 2009-10 "Scholar/Teacher of the Year." ( 2010).
  • + Selected Media Appearances


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