Overview

Chad DeVeaux‘s primary areas of practice are commercial litigation, class actions, constitutional law, First Amendment and anti-SLAPP litigation, administrative law, white collar crime, antitrust, and unfair competition litigation.

Mr. DeVeaux brings a wealth of experience to AALRR. Before joining the firm, he spent seven years as a Constitutional Law professor at Concordia University School of Law and Western State University and six years as a commercial litigator, most recently at DLA Piper in San Francisco. He is a nationally recognized expert in the field of horizontal federalism—the law governing the delineation of powers between the governments of different states. He is best known for his work on the dormant Commerce Clause and its applicability to multi-state class actions, environmental regulations, and marijuana laws. He has testified before the United States House of Representatives’ Judiciary Committee as an expert on the Constitution’s extraterritoriality doctrine, the dormant Commerce Clause, and the scope of Congress’s power to regulate interstate commerce.

Mr. DeVeaux is experienced in all aspects of civil litigation, including law and motion, discovery, negotiation, and appeals. He has authored briefs at all levels of the federal and state court systems and successfully argued more than 30 matters before federal and state courts. He is particularly accomplished in constitutional law cases. He has been on the winning side of decisions involving the First Amendment, California’s anti-SLAPP statute, the dormant Commerce Clause, procedural and substantive due process, administrative law, housing rights, conflict of laws, the separation of powers, and federal enclave law. He also specializes in Federal Indian law.

Mr. DeVeaux received his Juris Doctor, summa cum laude, from the University of Notre Dame in 2001, where he graduated second in his class, served as Articles Editor for the Notre Dame Law Review, and competed as a member of the Jessup International Moot Court Team. He earned an LL.M. degree focusing in Constitutional Law from Harvard Law School in 2008.

Honors & Recognitions

  • 2012-13 Professor of the Year, Concordia University School of Law
  • Dean Joseph O’Meara Award
  • Best Law School Exam/Paper (equivalent of AmJur or CALI award): Administrative Law, Constitutional Law, Criminal Procedure, Federal Indian Law)

Representative Matters

Congressional Testimony

Prepared Statement and Live Testimony, Hearing on H.R. 2887, No Regulation Without Representation Act, United States House of Representatives Committee on the Judiciary (Bob Goodlatte, Chair), 115th Congress (July 25, 2017) (invited by Chair Bob Goodlatte as an expert on extraterritoriality doctrine, dormant Commerce Clause, and scope of Congress’s power to regulate interstate commerce).

Reported Cases

  • Hillside Dairy, Inc. v. Lyons, 539 U.S. 59 (2003) (California’s agriculture regulations not exempted from dormant Commerce Clause restrictions).
  • Att’y Gen. v. Clarke, (2008) ZLR [SC] (Zambia), available at http://www.chr.up.ac.za/index.php/browse-by-country/zambia/500-zambia-attorney-general-v-clarke-2008-ahrlr-zasc-2008-.html (finding presidential order to deport British newspaper columnist for satirical cartoon violated right to freedom of the press).
  • Societe Des Hotels Meridien v. LaSalle Hotel Operating Partnership L.P., 280 F.3d 126 (2d Cir. 2004) (reversing District Court’s dismissal of Lanham Act claim).
  • Swords to Plowshares v. Kemp, 423 F. Supp. 2d 1031 (N.D. Cal. 2005) (San Francisco’s Presidio remains federal enclave outside ambit of state regulatory authority).
  • Evanston Insur. Co. v. OEA, Inc., 2005 WL 3500799 (E.D. Cal. 2005) (finding that California’s choice-of-law rules required application of notice-prejudice rule recently adopted by Colorado Supreme Court).
  • Swords to Plowshares v. Kemp, 2005 WL 3882063 (N.D. Cal. 2005) (public housing eviction notice violated due process; HUD regulation preempted state law).
  • Hillside Dairy, Inc. v. Kawamura, 317 F. Supp. 2d 1194 (E.D. Cal. 2004) (striking down dairy regulations as violative of dormant Commerce Clause).
  • Clearstream Communications, Inc. v. Murray, 2003 WL 24309646 (E.D. Cal. 2003) (granting plaintiff summary judgment in fiduciary duty/legal malpractice suit).
  • Swords to Plowshares v. Smith, 294 F. Supp. 2d 1067 (N.D. Cal. 2002) (public housing eviction notice violated due process; HUD regulation preempted state law).
  • Shugart v. OEA, Inc., 2005 WL 1503812 (Cal. App. 2005) (reversing $15 million verdict because the introduction of prejudicial evidence violated defendant’s due process rights).
  • S.B. Beach Prop. v. Berti, 39 Cal. 4th 374 (2006) (examining scope of First Amendment right to petition protected by anti-SLAPP Statute) (amicus for former Colorado Gov. Richard Lamm).
  • Robles v. Chalilpoyil, 181 Cal. App. 4th 566 (2010) (examining scope of First Amendment right to petition protected by anti-SLAPP Statute).
  • Rhein v. KNBR, Inc., 2006 WL 3193916 (Cal. Superior 2006) (granting anti-SLAPP motion in wrongful termination/defamation action by radio producer).

Practice Areas

News & Publications

Events & Speaking Engagements

Mr. DeVeaux has provided commentary on constitutional law matters for C-Span, the Washington Post, NPR affiliate KBSX, ABC affiliate KIVI, Sirius XM’s POTUS program, and the legal blog PrawfsBlawg.

Recent Speaking Engagements include:

  • One Toke Too Far?: The Horizontal-Federalism Implications of Marijuana Legalization, Boston College Law Review Symposium, Boston College School of Law, Newton, MA (2017) (co-organizer and panelist); Co-Panelists: Jessica Berch, Lea Brilmayer, Erwin Chemerinsky, Jack Chin, Katherine Florey, and Mark Rosen.

  • Problem-Solving Courts, Conference on Criminal Justice Reform, Concordia University School of Law, in partnership with the U.S. Attorney for the District of Idaho and the Federal Defender Services of Idaho, Boise, ID (June 6, 2016) (moderator).

  • One Toke Over the (State) Line, Law and Society Conference; New Orleans, LA (June 2, 2016) (co-chair and panelist).

  • Commencement Speaker, Concordia University School of Law Spring Commencement 2016, Boise, ID (May 14, 2016).

  • Commencement Speaker, Concordia University School of Law Winter Commencement 2015, Boise, ID (Dec. 18, 2015).

  • Congressional Dysfunction and Executive Lawmaking during the Obama Administration, Association of American Law Schools Annual Meeting Academic Symposium, Washington, DC (Jan. 5, 2015) (panelist).

Publications

  • One Toke Too Far: The Demise of the Dormant Commerce Clause’s Extraterritoriality Doctrine Threatens the Marijuana Legalization Experiment, 58 B.C. L. Rev. 953 (2017) (Boston College Law Review Symposium) (Symposium Co-Organizer).
  • Fear and Loathing in Colorado: Invoking the Supreme Court’s State-Controversy Jurisdiction to Challenge the Marijuana-Legalization Experiment, 56 B.C. L. Rev. 1829 (2015) (with Anne Mostad-Jensen).
  • The Fourth Zone of Presidential Power: Analyzing the Debt-Ceiling Standoffs Through the Prism of Youngstown Steel, 47 Conn. L. Rev. 395 (2014).
    • Cited by Williams v. Lew, 819 F.3d 466, 470 (D.C. Cir. 2016).
  • A Tale of Two Searches: Intrusive Civil-Discovery Rules Violate the Fourth Amendment, 46 Conn. L. Rev. 1083 (2014).
  • Trapped in the Amber: State Common Law, Employee Rights, and Federal Enclaves, 77 Brook. L. Rev. 499 (2012).
    • Cited by JAAAT Tech. Servs., LLC v. Tetra Tech Tesoro, Inc., 2016 WL 1271039, *5, *7 (E.D. Va. Mar. 29, 2016).
  • Lost in the Dismal Swamp: Interstate Class Actions, False Federalism, and the Dormant Commerce Clause, 79 Geo. Wash. L. Rev. 995 (2011).
    • Cited by S.C. Johnson, Inc. v. Transp. Corp. of Am., Inc., 697 F.3d 544, 557 (7th Cir. 2012).
  • Rationalizing the Constitution: The Military Commissions Act and the Dubious Legacy of Ex Parte Quirin, 42 Akron L. Rev. 13 (2009)

Community Involvement

Community & Professional

  • Bar of the Supreme Court of the United States, Member
  • St. Thomas More Society, Member
  • Harvard Alumni Association, Member
  • Notre Dame Alumni Association, Member

Education

LL.M., Harvard Law School
J.D., University of Notre Dame Law School
B.A., Bowling Green State University

Admissions

  • 2001, California
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Courts, Central, Eastern, Northern, and Southern Districts of California
    U.S. Supreme Court
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