Michael Greenberger

Law School Professor and
Director, Center for Health and Homeland Security

Phone: (410) 706-3846 Fax: (410) 706-2726 Email: mgreenberger@law.umaryland.edu Office: 467

AB, 1967, Lafayette College
JD, 1970, University of Pennsylvania

Curriculum Vitae Current Courses: Center for Health and Homeland Security Externship, Center for Health and Homeland Security Externship Workshop, Constitutional Law I: Governance, Contracts, Cybercrime, Financial Derivatives Regulation, Homeland Security and Law of Counterterrorism, Law and Policy of Emergency Public Health Response Seminar/Course, National Security, Electronic Surveillance and the Fourth Amendment, Trademarks and Unfair Competition

Biography Publications

Biography

Michael Greenberger is the Founder and Director of the University of Maryland Center for Health and Homeland Security (CHHS) and a professor at the University of Maryland Francis King Carey School of Law. CHHS works on a broad range of homeland security and emergency response issues for federal, state, and local governmental agencies, as well as universities and public health entities. CHHS has a staff of more than 40 professionals, many of whom are recent graduates of the School of Law. More information about CHHS can be found at www.mdchhs.com.

Since joining the School of Law in 2001, Professor Greenberger designed and teaches two courses focused on counterterrorism and emergency response, “Homeland Security and the Law of Counterterrorism,” introduced in 2002, and “National Security, Foreign Intelligence, and Privacy,” which was taught for, and taught in, the first time in the Spring 2014 semester.

Professor Greenberger also served as the administrator for a course entitled “Freddie Gray’s Baltimore: Past, Present, and Moving Forward,” a course that examines the causes of the 2015 Baltimore unrest and possible solutions by focusing on social, economic and other issues, including policing practices, criminal justice, access to housing, health care, education, joblessness and community development.

He also led the development and oversees the teaching of four related crisis management courses taught by CHHS senior attorney staff members at the law school: “Law and Policy of Emergency Public Health Response;” “Law and Policy of Cybersecurity;” and “Law and Policy of Emergency Management;” and “Cybercrimes.”

Professor Greenberger has also taught Constitutional Law and a seminar on “Futures, Options, and Derivatives,” and furthers the academic efforts of the University of Maryland, Baltimore as a member of the Faculty Senate and Faculty Senate Advisory Committee, as well as the Faculty Advisory Council for the Maryland Higher Education Commission.

Professor Greenberger is often called upon to lend his extensive professional expertise outside the Center and University. He is currently a member of the Baltimore Washington Cyber Task Force; served by appointment of the Governor of Maryland on the Commission on Maryland Cybersecurity Innovation and Excellence, and now serves by appointment of the Maryland Attorney General on the Maryland Cybersecurity Council. He is a member of the American Bar Association’s Law and National Security Advisory Committee, and a member of The National Academies’ Committee on Science, Technology, and Law.

He has also previously served as both the Vice Chair and Chair of the Maryland Governor’s Emergency Management Advisory Council. Professor Greenberger regularly comments on homeland security and emergency management topics for local and national media outlets, presents at professional conferences, and is among a handful of experts chosen in 2014 on the inaugural Editorial Board for the International Journal for Disaster and Military Medicine.

In 1999, Professor Greenberger began service as Counselor to the United States Attorney General, and then became the Justice Department's Principal Deputy Associate Attorney General. In the latter capacity, Professor Greenberger assisted the United States Attorney General and Associate Attorney General in supervising the work of the Justice Department's Civil, Civil Rights, Environmental, Antitrust, and Tax Divisions. Also within his portfolio of responsibilities were several counterterrorism projects concerning both law enforcement and public health policy, including organizing a nationwide counterterrorism war game ("TOPOFF I").

From 1997 to 1999, Professor Greenberger was the Director of the Division of Trading and Markets at the Commodity Futures Trading Commission (CFTC) working directly for then-Chairperson Brooksley Born. He focused on issues relating to the regulation of futures and derivatives. He also served on the Steering Committee of the President’s Working Group on Financial Markets, and as a member of the International Organization of Securities Commission’s Hedge Fund Task Force.

Since that time, Professor Greenberger has frequently been asked to testify before Congressional committees on issues pertaining to the regulation of financial derivatives. He has also served as the Technical Advisor to the United Nations Commission of Experts on Reforms of the International Monetary and Financial System and the International Energy Forum's Independent Expert Group on reducing world-wide energy price volatility. He is a member of the Faculty Advisory Board for the University of Maryland’s Center for the Study of Business Ethics, Regulation, and Crime. Discussing financial regulation, Greenberger also routinely appears both in the media and at academic gatherings, including appearances on CNN, ABC's "World News Tonight," the CBS Evening News, the NBC Evening News, CNBC, MSNBC, The Jim Lehrer News Hour, NPR's "Fresh Air," PBS's "Frontline," BBC Radio, and C-SPAN. Professor Greenberger's recent testimony and related media can be found at www.michaelgreenberger.com.

Prior to entering government service, Professor Greenberger was a partner for over 20 years in the Washington, D.C. law firm of Shea & Gardner, where he served as lead litigation counsel before courts of law nationwide, including the United States Supreme Court.

Professor Greenberger is a Phi Beta Kappa graduate of Lafayette College and the University of Pennsylvania Law School, where he served as editor-in-chief of the Law Review. He is a Life Member of the American Law Institute and he has served on the Board of Governors of the D.C. Bar and as a board member of three nonprofit public interest organizations. Professor Greenberger has also served on the D.C. Circuit Advisory Committee on Procedures and as a mediator for the United States Courts for the District of Columbia.

Publications

Books

Maryland Public Health Emergency Preparedness Legal Handbook (2005) (prepared for Maryland Attorney General and Secretary of Health and Mental Hygiene).

Book Chapters

The Role of the Military and National Guard in Disaster Response, in Emergency Management and Homeland Security: A Legal Guide for State and Local Governments (Ernest B. Abbott & Otto J. Hetzel eds., 3d ed. 2017).

Is Our Economy Safe? A Proposal for Assessing the Success of Swaps Regulation under the Dodd-Frank Act, in The Future of Financial Reform: Will It Work? How Will We Know? (2010). [Full Text]

Out of the Black Hole: Regulatory Reform of the Over-the-Counter Derivatives Market, in Make Markets Be Markets 99 (Robert Johnson & Erica Payne eds., 2010). [Full Text]

The Posse Comitatus Act and Disaster Response, in Homeland Security and Emergency Management: A Legal Guide for State and Local Governments (Ernest Abbott & Otto Hetzel eds., 2010) (with Arianne Spaccarelli). [Full Text]

State and Federal Emergency Powers, in Homeland Security: Legal and Policy Issues 21 (Joe D. Whitley & Lynne K. Zusman eds., 2009) (with Arianne Spaccarelli). [Full Text]

Indefinite Material Witness Detention Without Probable Cause: Thinking Outside the Fourth Amendment, in At War With Civil Rights and Liberties, (Thomas E. Baker & John F. Stack, Jr., eds. 2005). [Full Text]

Articles

Too Big to Fail—U.S. Banks’ Regulatory Alchemy: Converting an Obscure Agency Footnote into an “At Will” Nullification of Dodd-Frank's Regulation of the Multi-Trillion Dollar Financial Swaps Market, 14 Journal of Business & Technology Law 197 (2019). [Full Text]

Too Big to Fail Banks' Regulatory Alchemy: Converting an Obscure Agency Footnote into Their own Repeal of the Dodd-Frank Statute's Regulation of the Multi-Hundred Trillion Dollar Financial Swaps Market, Institute for New Economic Thinking (Working Paper No. 74, June 2018).

Better Prepare than React: Reordering Public Health Priorities 100 Years After the Spanish Flu Epidemic, 108 American Journal of Public Health 1465 (2018).

The Only Reliable Way to Rebuild Police-Community Relations: The Justice Department Pattern and Practice Consent Decrees, 16 University of Maryland Law Journal of Race, Religion, Gender & Class 201 (2016). [Full Text]

Diversifying Clearinghouse Ownership in Order to Safeguard Free and Open Access to the Derivatives Clearing Market, 18 Fordham Journal of Corporate & Financial Law 245 (2013) [Full Text]

Closing Wall Street's Commodity and Swaps Betting Parlors: Legal Remedies to Combat Needlessly Gambling Up the Price of Crude Oil Beyond What Market Fundamentals Dictate, 81 George Washington Law Review 707 (2013). [Full Text]

The Maryland Personal Information Protection Act: Strengthening Maryland's Security Breach Information Law, 42 University of Baltimore Law Forum 129 (2012) (with Mathew Swinburne).

The Extraterritorial Provisions of the Dodd-Frank Act Protect U.S. Taxpayers from Worldwide Bailouts, 80 UMKC Law Review 965 (2012). [Full Text]

Overwhelming a Financial Regulatory Black Hole with Legislative Sunlight: Dodd-Frank’s Attack on Systemic Economic Destabilization Caused by an Unregulated Multi-Trillion Dollar Derivatives Market, 6 Journal of Business & Technology Law 127 (2011). [Full Text]

Governance and Biosecurity: Strengthening Security and Oversight of the Nation's Biological Agent Laboratories, 13 DePaul Journal of Health Care Law 77 (2011) (with Talley Kovacks & Marita Mike). [Full Text]

Book Review, George J. Annas, Worst Case Bioethics: Death, Disaster, and Public Health, 27 Journal of Contemporary Health Law & Policy 314 (2010).

Teaching New Dogs Old Tricks: Reshaping the Department of Homeland Security's Technology Development Infrastructure, 47 Jurimetrics Journal 281 (2007). [Full Text]

Did the Founding Fathers Do "A Heckuva Job"?: Authorization for the Use of Federal Troops to Prevent the Loss of a Major American City, 87 Boston University Law Review 397 (2007). [Full Text]

You Ain't Seen Nothin' Yet: The Inevitable Post-Hamden Conflict between the Supreme Court and the Political Branches, 66 Maryland Law Review 805 (2007). [Full Text]

The Alfonse and Gaston of Governmental Response to National Public Health Emergencies: Lessons Learned from Hurricane Katrina for the Federal Government and the States, 58 Administrative Law Review 611 (2006). [Full Text]

Preparing Vulnerable Populations for a Disaster: Inner-City Emergency Preparedness - Who Should Take the Lead?, 10 DePaul Journal of Health Care Law 291 (2007).

Choking Bioshield: The Department of Homeland Security's Stranglehold on Biodefense Vaccine Development, 1 Microbe 260 (2006). [Full Text]

False Conflict: Who's In Charge of National Public Health Catastrophes, 31 Administrative & Regulatory Law News, Spring 2006, at 2. [Full Text]

Yes, Virginia: The President Can Deploy Federal Troops to Prevent the Loss of a Major American City from a Devastating Natural Catastrophe, 26 Mississippi College Law Review 107 (2006). [Full Text]

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability and Compensation Policies in the Context of Pre-Event Vaccine Immunization Programs, 8 Journal of Health Care Law & Policy 7 (2005) [Full Text]

The Role of the Federal Government in Response to Catastrophic Health Emergencies: Lessons Learned from Hurricane Katrina (2005). [Full Text]

Is Criminal Justice a Casualty of the Bush Administration's "War on Terror"?, Human Rights, Winter 2004, at 19. [Full Text]

The Threat of Smallpox: Eradicated but not Erased, Journal of Homeland Security, Feb. 2004 (with others) [Full Text]

Rights-in-Data Policies Affecting Department of Defense Acquisition of Computer Software and Related Products, 9 Computer Law Journal 447 (1989) (with Michael S. Kane).

Judicial Review of Administrative Action and Responsible Government, 63 Georgetown Law Journal 7 (1974) (with Warner W. Gardner).

Note: Relocation, Accidental Inequities and the Equal Protection Doctrine, 117 University of Pennsylvania Law Review 579 (1969).

Michael Greenberger

Law School Professor and
Director, Center for Health and Homeland Security

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Michael Greenberger

Law School Professor andDirector, Center for Health and Homeland Security

Apply Today

Check Application Status

Related Links

Affiliations

Law School Professor and
Director, Center for Health and Homeland Security