David Arkush

david @ guptabeck.com
Tel.  202.550.0107 | Fax  202.328.7030

 

Congressional Briefings and Testimony
Scholarly Publications
Selected Other Publications
Presentations

 

David Arkush has broad advocacy experience before all three branches of government, having lobbied extensively before the U.S. Congress and federal regulatory agencies and litigated complex cases in the federal courts. He is currently Visiting Assistant Professor of Law at the University of Richmond School of Law, where he teaches and writes in the areas of administrative law, legislation, and financial services regulation.
Before joining the firm, David spent nearly five years as the director of one of the nation’s leading consumer protection and good government watchdog groups, Public Citizen’s Congress Watch, where he led strategic research and organizing campaigns and played an instrumental role in the passage of laws including the Consumer Product Safety Improvement Act of 2008 and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. A recent TIME Magazine profile of David notes that he has “advocated for consumer protection, advised breaking up the largest, too-big-to-fail banks and addressed other industry-structure issues, while investigating the financial sector’s myriad ties to the government.”
Frequently consulted for his wide-ranging expertise in administrative law, consumer law, financial services regulation, access to justice, and money in politics, David has testified before Congress, appeared on CNN, CBS, ABC, CNBC, NPR, and Fox News Channel, and been quoted by publications such as The New York Times, Wall Street Journal, Washington Post, the Associated Press, Los Angeles Times, Huffington Post, Chicago Tribune, TIME, Bloomberg, POLITICO, Roll Call, and The Hill.
David’s legal scholarship—on topics ranging from the democratic legitimacy of the administrative state to the relationship between the law and emotions—has been published in the George Washington Law Review, the Harvard Civil Rights—Civil Liberties Law Review, the Wake Forest Law Review, and the Brigham Young University Law Review. He is an elected member of the American Law Institute.
Before taking the helm of Congress Watch, David litigated consumer, civil rights, and open government cases at Public Justice and Public Citizen, spent two years as a fellow and supervising attorney in the Appellate Litigation Clinic at Georgetown Law, and clerked for the Honorable R. Lanier Anderson, III, of the U.S. Court of Appeals for the Eleventh Circuit. Before clerking, he worked for the private public-interest law firm Adkins, Kelston & Zavez and, before law school, served as Statewide Coordinator of Missouri Voters for Fair Elections.
David received his J.D. with honors from Harvard Law School, where he served as Managing Editor of the Harvard Civil Rights—Civil Liberties Law Review, and his A.B. with honors from Washington University, where he was elected to Phi Beta Kappa. He also earned an LL.M. with distinction from Georgetown.

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Congressional Briefings and Testimony

How a Broken Process Leads to Flawed Regulations, Testimony Before the Committee on Oversight and Government Reform, U.S. House of Representatives, Washington, D.C., Sept. 14, 2011.

Patient Safety and Medical Liability, Briefing, Committee on Energy and Commerce, U.S. House of Representatives, Washington, D.C., April 4, 2011.

The Regulations from the Executive in Need of Scrutiny Act, Briefing, U.S. House of Representatives, Washington, D.C., Feb. 3, 2011.

Real Financial Services Reform, Briefing, U.S. House of Representatives, Washington, D.C., Dec. 4, 2009.

Forced Arbitration and the Consumer Financial Protection Agency, Briefing, Financial Services Committee, U.S. House of Representatives, Washington, D.C., July 14, 2009.

Federal Arbitration Act: Is the Credit Card Industry Using It to Quash Legal Claims?, Testimony Before the Subcommittee on Commercial and Administrative Law, Judiciary Committee, U.S. House of Representatives, Washington, D.C., May 5, 2009.

Civil Rights as a Bargained-for Exchange, Briefing, Congressional Black Caucus, U.S. House of Representatives, Washington, D.C., Apr. 16, 2008.

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Scholarly Publications

The Senate and the Recess Appointments, 127 Harv. L. Rev. F. 1 (2013).

Direct Republicanism in the Administrative Process, 81 Geo. Wash. L. Rev. 1458 (2013).

Democracy and Administrative Legitimacy, 47 Wake Forest L. Rev. 611 (2012) (symposium).

Situating Emotion: A Critical Realist View of Emotion and Nonconscious, Cognitive Processes for the Law, 2008 B.Y.U. L. Rev. 1275 (2008).

Preserving ‘Catalyst’ Attorneys’ Fees Under FOIA in the Wake of Buckhannon Board and Care Home v. West Virginia, 37 Harv. C.R.–C.L. L. Rev. 131 (2002).

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Selected Other Publications

Legal and Historical Precedent Are on Obama’s Side, U.S. News & World Report Debate Club (Jan. 6, 2012).

President Obama’s Next Moves on Leadership for the Consumer Financial Protection Bureau, Huffington Post (Dec. 14, 2011, 10:50 PM).

Starbucks: Stop Taking Away Your Customers’ Rights, Huffington Post (Dec. 2, 2011, 11:02 AM).

Wall Street’s “Two Cents” on Pay Rule: Self-Preservation, Not Principle, July 21, 2011 (with Taylor Lincoln & Negah Mouzoon).

Republicans Do Not Have the Power to Block an Elizabeth Warren Recess Appointment, Huffington Post (June 21, 2011, 12:39 PM).

U.S. Supreme Court to Major Corporations: You Write the Rules, Huffington Post (Apr. 28, 2011, 6:06 PM).

Defensive Medicine: The Doctored Crisis, Mar. 30, 2011 (with Taylor Lincoln).

12 Months After: The Effects of Citizens United on Elections and the Integrity of the Legislative Process, Jan. 2011 (editor).

Bad Idea to Rein in Regulators, Politico, Feb. 14, 2011.

Banking on Connections: Financial Services Sector Has Dispatched Nearly 1,500 “Revolving Door” Lobbyists Since 2009, June 3, 2010 (with Center for Responsive Politics, editor).

Liability Limits in Texas Fail to Curb Medical Costs, Dec. 2009 (with Peter Gosselar, Christine Hines & Taylor Lincoln).

Back to Basics: Ten Steps to Save 85,000 Lives and $35 Billion a Year in Health Care Delivery, Aug. 6, 2009 (editor).

Forced Arbitration: Unfair and Everywhere, Sept. 14, 2009 (with Zackary Gima & Taylor Lincoln).

The Consumer Product Safety Improvement Act of 2008: A Summary and Analysis, 36 Product Safety & Liability Rep. 940 (2008) (with Graham Steele).

The Arbitration (Debate) Trap, July 2008 (with Taylor Lincoln).

Campaign Finance ‘Reformers’ Open the Floodgates, Roll Call, June 5, 2008 (with Craig Holman).

Held Back: Unfinished Consumer Product Safety Commission Rules, Mar. 2008 (editor).

Hazardous Waits: CPSC Lets Crucial Time Pass Before Warning Public About Dangerous Products, Jan. 2008 (editor).

Let a Hundred Cases Wither, Legal Times, May 9, 2005 (with Brian Wolfman).

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Presentations

Cost-Benefit Analysis in Financial Services Regulation: Many Problems, One Solution, and a Reorientation, Symposium: The Costs and Benefits of Cost-Benefit Analysis, University of California at Irvine School of Law, Irvine, Calif., Mar. 15, 2013.

Direct Republicanism and the Administrative Jury, 2012 Administrative Law Conference, American Bar Association, Washington, D.C., October 25 2012.

The Asymmetry of Administrative Law: The Lack of Public Participation and the Public Interest, Symposium, Wake Forest University Law Review, Winston-Salem, NC, Mar. 30, 2012.

Can Voluntary Safety Standards Protect Consumers Adequately?, Panel, Consumer Assembly, Consumer Federation of America, Washington, D.C., Mar. 15, 2012.

The New Consumer Financial Protection Bureau, Panel, District of Columbia Bar, George Washington University Law School, Washington, D.C., Oct. 20, 2010.

Is the Proposed Consumer Financial Protection Agency the Appropriate Remedy for Consumers of Financial Products?, Panel, District of Columbia Bar, George Washington University Law School, Washington, D.C., Oct. 27, 2009.

Fighting for Consumer Justice: Challenges in a Changing Economy, Panel, Equal Justice Works Conference, Washington, D.C., Oct. 25, 2009.

The Consumer Product Safety Improvement Act of 2008: The New World of Regulation and Enforcement, Panel, Bureau of National Affairs, Washington, D.C., Oct. 30, 2008.

How Corporations and the Politicians They Fund Are Fighting to Take Away Our Legal Rights, Panel, Netroots Nation, Austin, TX, July 18 2008.

Implied Preemption by Safety Agency Regulation: Recent Development, Panel, International Consumer Product Health and Safety Organization, Washington D.C., Feb. 20, 2008.

Fighting Unnecessary Court Secrecy, Maryland Association for Justice, Baltimore, MD, Nov. 9, 2007.