
Professor of Law
Phone: (410) 706-7365
Fax: (410) 706-2184
E-mail:
Office: 436
AB, 1980, Princeton University
JD, 1983, Harvard Law School
David Super joined the University of Maryland School of Law in 2004 as an Associate Professor and became Professor in 2006. For the prior decade, Professor Super served as general counsel to the Center on Budget and Policy Priorities. He has been a visiting professor at Harvard, Washington and Lee University and Yale Law Schools and has taught as a visiting lecturer or adjunct professor at Columbia Law School, Georgetown University Law Center, Howard University Law School, the University of Pennsylvania Law School, and Princeton University.
Prof. Super has devoted himself to reconstructing an intellectual framework for anti-poverty law. His first article, “Offering an Invisible Hand: The Rise of the Personal Choice Model for Rationing Public Benefits” published last year in the Yale Law Journal, was an inquiry into the basic nature of public welfare law. “The Political Economy of Entitlement” and “Are Rights Efficient?”, appearing in the Columbia Law Review and the California Law Review, respectively, argue that entitlements are the most efficient and transparent public benefit programs.
Professor Super’s NYU Law Review piece entitled “The Quiet ‘Welfare’ Revolution: The Resurrection of the Food Stamp Program in the Wake of the 1996 Welfare Law” argues that an emphasis on work and great state flexibility can be implemented in ways that support, rather than undermining, low-income families. In “Laboratories of Destitution: Democratic Experimentalism and the Failure of Anti-Poverty Law,” published in the University of Pennsylvania Law Review, however, he argues that anti-poverty law’s reliance on decentralization has been excessive and counter-productive. “Privatization, Policy Paralysis, and the Poor,” also published in the California Law Review, he expresses similar concerns about ill-considered efforts to privatize application assistance and eligibility determination in these programs.
“The New Moralizers: Transforming the Conservative Legal Agenda,” also published in the Columbia Law Review, seeks to place moral arguments for time limits and other restrictions on public benefits in the context of broader changes in the conservative legal and public policy agenda. His Harvard Law Review article, “Rethinking Fiscal Federalism,” identifies features of states’ fiscal constitutions that create subtle but strong biases against programs serving low-income people that over time are likely to leave these programs with substantially less funding than their political support might otherwise indicate.
Professor Super graduated from Princeton University magna cum laude and from the Harvard Law School with honors. After working for four years as an attorney at Community Legal Services in Philadelphia, he served as a staff attorney at the National Health Law Program and as staff attorney and legal director for the Food Research Action Center. As general counsel to the Center on Budget and Policy Priorities, he focused on food assistance and income security programs for low-income people, including those serving immigrants and persons with disabilities. He continues to write for legal services publications and to conduct trainings for legal services programs around the country.
Professor Super teaches courses on administrative law, civil procedure, evidence, legal profession, legislation, local government law, property, public welfare law, regulatory theory and torts.
From the Greenhouse to the Poorhouse: Carbon Emissions Regulation and the Rules of Legislative Joinder, 158 University of Pennsylvania Law Review 1093 (2010). [Full Text]
Laboratories of Destitution: Democratic Experimentalsim and the Failure of Antipoverty Law, 157 University of Pennsylvania Law Review 541 (2009). [Full Text]
Federal-State Budgetary Interactions, in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy 366 (Elizabeth Garrett et al., eds., 2008).
Privatization, Policy Paralysis, and the Poor, 96 California Law Review 393 (2008). [Full Text]
Judicial Deference to Administrative Agencies and Its Limits, 40 Clearinghouse Review 596 (2007) (with Graham G. Martin).
Are Rights Efficient? Challenging the Managerial Critique of Individual Rights, 93 California Law Review 1051 (2005). [Full Text]
Rethinking Fiscal Federalism, 118 Harvard Law Review 2544 (2005). [Full Text]
Improving Fairness and Accuracy in Food Stamp Fraud Investigations: Advocating for Reform under Food Stamp Regulations, 39 Clearinghouse Review 46 (2005) [Full Text]
Encouraging Moderation in State Policies on Collecting Food Stamp Claims, 39 Clearinghouse Review 46 (2005). [Full Text]
The Political Economy of Entitlement, 104 Columbia Law Review 633 (2004).
The Quiet "Welfare" Revolution: Resurrecting the Food Stamp Program in the Wake of the 1996 Welfare Law, 79 New York University Law Review 1271 (2004).
The New Moralizers: Transforming the Conservative Legal Agenda, 104 Columbia Law Review 2032 (2004).
Offering an Invisible Hand: The Rise of the Personal Choice Model for Rationing Public Benefits, 113 Yale Law Journal 815 (2004).
1990 Farm Bill's Inaccessible-Resource Provision Applies to Vehicles, 26 Clearinghouse Review 1343 (1993).
The Case Against the Thrifty Food Plan as the Basis for the Food Component of the AFDC Standard of Need, 25 Clearinghouse Review 86 (1991) (with Mary Ellen Natale).
Questionable Rule Denies Food Stamps to Self-Employed Workers, 25 Clearinghouse Review 93 (1991).
The Rights of the Disabled in the Food Stamp Program, 25 Clearinghouse Review 68 (1991) (with Eve H. Shapiro).
Introduction to the Food Stamp Program, 23 Clearinghouse Review 870 (1989).