Kenneth Dam

Kenneth W. Dam

Max Pam Professor Emeritus of American & Foreign Law

Kenneth Dam has devoted his career to public policy issues, both as a practitioner and as a professor. In the former capacity, he served as deputy secretary, the second-ranking official, in the Department of Treasury from 2001 to 2003 and in the Department of State from 1982 to 1985. In 1973, he was executive director of the Council on Economic Policy, a White House office responsible for coordinating US domestic and international economic policy. From 1971 to 1973, he served as assistant director for national security and international policy of the Office of Management and Budget. He began his Washington career as law clerk to US Supreme Court Justice Charles E. Whittaker from 1957 to 1958.

Mr. Dam's entire academic career has been devoted to the University of Chicago, beginning in 1960 and extending, with various leaves of absence, to the present. From 1980 to 1982, he served as provost of the University of Chicago. Most of his academic work has centered on law and economics, particularly with respect to international issues. His publications include a number of books, of which the best known are The GATT: Law and International Economic Organization; Economic Policy Beyond the Headlines with George P. Shultz; and, most recently, The Law-Growth Nexus: The Rule of Law and Economic Development.

His other activities include serving as IBM vice president for law and external relations from 1985 to 1992, and as president and chief executive officer of the United Way of America for a six-month period in 1992, when he was chosen to clean up a scandal in that organization and put in place a new system of governance. He has extensive experience as an arbitrator, including five years as the system arbitrator for professional basketball. He is an honorary member of the board of the Brookings Institution. He also is a board member of the Committee for Economic Development. He is a member of the Shadow Financial Regulatory Committee. He was chairman of the German-American Academic Council and a board member of a number of nonprofit institutions, including the Council on Foreign Relations in New York and the Chicago Council on Foreign Relations. He served for 13 years on the board of Alcoa.

EDUCATION

The University of Chicago Law School
JD, 1957

University of Kansas
BS, 1954

EXPERIENCE

The University of Chicago Law School
Max Pam Professor Emeritus and Senior Lecturer, 2004-present
Max Pam Professor of American and Foreign Law, 1992-2004 (on leave of absence for government service, 2001 - 2003)
Director, Law and Economics Program, 1978-1980 and 1995-1999
Harold J. and Marion F. Green Professor, 1976-1985 (on leave of absence for government service, 1982-1985)
Professor, 1964-1971 and 1974-1976
Associate Professor, 1961-1964
Assistant Professor, 1960-1961

United States Department of the Treasury
Deputy Secretary of the Treasury, 2001-2003

Alcoa Pittsburg, PA
Director1987-2001

United States Department of State
Deputy Secretary of State, 1982-1985

IBM Corporation
Vice President, Law and External Relations, 1986-1992
Member, Corporate Management Board, 1986-1992
Director, IBM World Trade Asia Pacific Board, 1986-1992
Vice President, 1985-1986

The University of Chicago
Provost, 1980-1982

Council on Economic Policy
Executive Director, February-December 1973

  • responsible for coordination of U.S. domestic and international economic policy

United States Office of Management and Budget
Assistant Director, national security and international affairs, 1971-1973

Abitration
Professional hockey, system arbitrator, 2014
Professional basketball, System Arbitrator, 1996-2001 and 2012
NAFTA Article XI investment disputes (International Center for Investment Disputes), 2003-2009
Various ad hoc arbitrations in the 1970s and 1980s

University of Freiburg i. Br. Germany
Visiting Professor, 1964

BMW of North America
Member, Advisory Board1990-1995

MCI Communications Corp. v. American Telephone and Telegraph Co. Chicago, IL
Special Master, 1976-1979

Kirkland & Ellis Chicago, IL
Of Counsel, 1993-1995
Consultant, 1961-1971, 1974-1980, 1996

Cravath, Swaine & Moore New York, NY
Associate, 1958-1960

Justice Charles E. Whittaker of the United States Supreme Court
Law Clerk, 1957-1958

Books (Author)

  • The Law-Growth Nexus: The Rule of Law and Economic Development (Brookings Institution Press, 2006).cu
  • The Rules of the Global Game: A New Look at U.S. International Policymaking (University of Chicago Press, 2001).cu
  • Economic Policy Beyond the Headlines (2nd ed.) (University of Chicago Press, 1998) (with George P. Shultz).cu
  • Giving Better, Giving Smarter (Report of the National Commission on Philanthropy and Civic Renewal, 1997).cu
  • Report of the Committee to Study National Cryptography Policy (K. W. Dam, Chairman) (National Research Council Cryptography's Role in Securing the Information Society, 1996).cu
  • Law Diplomacy, and Force: North Korea and the Bomb (University of Chicago Law School, 1994).cu
  • Harness the Rising Sun: An American Strategy for Managing Japan's Rise as a Global Power (An Aspen Strategy Group Report), (University Press of America Inc., 1993).cu
  • The Rules of the Game: Reform and Evolution in the International Monetary System (University of Chicago Press, 1982).cu
  • Energy: The Next Twenty Years, a Study Group Report sponsored by the Ford Foundation (Ballinger Publishing Company, 1979) (with Kenneth J. Arrow).cu
  • Economic Policy Beyond the Headlines (W. W. Norton, 1978) (with George P. Shultz).cu
  • The GATT: Law and International Economic Organization (University of Chicago Press, 1977).cu
  • The Role of Rules in the International Monetary System (University Law and Economics Center, 1976).cu
  • On Resources: Who Gets What How (University of Chicago Press, 1976).cu
  • Federal Tax Treatment of Foreign Income (The Brookings Institution, 1964) (with Lawrence B. Krause).cu

Books (Editor)

  • Technology, Policy, Law, and Ethics Regarding U. S. Acquisition and Use of Cyberattack Capabilities. (National Academies Press, 2009) (edited with William A. Owens & Herbert S. Lin). cu
  • Cryptography's Role in Securing the Information Society : Report of the Committee to Study National Cryptography Policy. (National Research Council, 1996) (edited with Herbert S. Lin). cu
  • Cryptography's Role in Securing the Information Society. (National Academy, 1996) (edited with Herbert S. Lin). cu

Journal Articles

  • "The Subprime Crisis and Financial Regulation: International and Comparative Perspectives," 10 Chicago Journal of International Law 581 (2010). ssrn cu
  • "Cordell Hull, the Reciprocal Trade Agreements Act, and the WTO: An Essay on the Concept of Rights in International Trade," 1 New York University Journal of Law and Business 709 (2005). cu
  • "Self-Help in the Digital Jungle," 28 Journal of Legal Studies 393 (1999). cu
  • "Protecting Information in Cyberspace," Journal of Commerce 9A (1996) (with Herbert S. Lin). cu
  • "National Cryptography Policy for the Information Age," 12 Issues in Science and Technology 33 (1996) (with Herbert S. Lin). cu
  • "Inter-Organizational Collaboration: Biotechnology and Computers Compared :," 152 Journal of Institutional and Theoretical Economics 216 (1996). cu
  • "Some Economic Considerations in the Intellectual Property Protection of Software," 24 Journal of Legal Studies 321 (1995). cu
  • "The Economic Underpinnings of Patent Law," 23 Journal of Legal Studies 247 (1994). cu
  • "Extraterritoriality in an Age of Globalization: The Hartford Fire Case," 1993 Supreme Court Review 289 (1993). cu
  • "U. S. Policy Options in International Trade," 1 American Enterprise 30 (1990). cu
  • "Introduction," 23 International Lawyer 807 (1989). cu
  • "The Growing Importance of International Protection of Intellectual Property," 21 International Lawyer (ABA) 627 (1987). cu
  • "Economic and Political Aspects of Extraterritoriality," 19 International Lawyer 887 (1985). cu
  • "Address," 1985 American Law Institute - Meeting Speeches 37 (1985). cu
  • "Extraterritoriality and Conflicts of Jurisdiction," 77 American Society of International Law Proceedings 370 (1983). cu
  • "From the Gold Clause Cases to the Gold Commission: A Half Century of American Monetary Law," 50 University of Chicago Law Review 504 (1983). cu
  • "Antitrust in an Open World Economy," 94 Conference Board Information Bulletin 9 (1981). cu
  • "The Legal Tender Cases," 1981 Supreme Court Review 367 (1981). cu
  • "Is the Colgate Doctrine Dead?," 12 Journal of Reprints for Antitrust Law and Economics 859 (1981) (with Robert Pitofsky). cu
  • "Reply: Further Reflections on Wage Controls," 31 Industrial and Labor Relations Review 159 (1978) (with George P. Shultz). cu
  • "Reflections on Wage and Price Controls," 30 Industrial and Labor Relations Review 139 (1977) (with George P. Shultz). cu
  • "The American Fiscal Constitution," 44 University of Chicago Law Review 271 (1977). cu
  • "Comment," 19 Journal of Law and Economics 385 (1976). cu
  • "Class Actions: Efficiency, Compensation, Deterrence, and Conflict of Interest," 4 Journal of Legal Studies 47 (1975). cu
  • "The Evolution of North Sea Licensing Policy in Britain and Norway," 17 Journal of Law and Economics 213 (1974). cu
  • "Class Action Notice: Who Needs It?," 1974 Supreme Court Review 97 (1974). cu
  • "The Special Responsibility of Lawyers in the Executive Branch," 55 Chicago Bar Association Record 4 (1973). cu
  • "Exclusive Distributorships in the United States and the European Economic Community," 4 Journal of Reprints for Antitrust Law and Economics 841 (1972) (originally published as 16 Antitrust Bulletin 111 1971). cu
  • "Book Review (reviewing Carl H. Fulda & Warren F. Schwartz, Cases and Materials on the Regulation of International Trade and Investments (1970))," 57 American Bar Association Journal 1018 (1971). cu
  • "Exclusive Distributorships in the United States and the European Economic Community," 16 Antitrust Law Journal 111 (1971). cu
  • "Implementation of Import Quotas: The Case of Oil," 14 Journal of Law and Economics 1 (1971). cu
  • "The Pricing of North Sea Gas in Britain," 13 Journal of Law and Economics 11 (1970). cu
  • "Consumer Protection: An Overview," 39 Antitrust Law Journal 917 (1970). cu
  • "Fortner Enterprise v. United States Steel : 'Neither a Borrower nor a Lender Be'," 1969 Supreme Court Review 1 (1969). cu
  • "Report of the Task Force on Productivity and Competition," 2 Antitrust Law and Economics Review 13 (1969) (with Ronald H. Coase & Ward S. Bowman & George J. Stigler) (also known as 'The Stigler Report'). cu
  • "The GATT as an International Organization," 3 Journal of World Trade Law 374 (1969). cu
  • "Corporate Takeovers and the Antitrust Laws," 39 Antitrust Law Journal 196 (1969). cu
  • "Corporate Takeovers and the Antitrust Laws Conglomerates and Other Modern Merger Movements: Acquisitions under Antitrust Attack," 25 Business Lawyer 735 (1969). cu
  • "Is the Colgate Doctrine Dead?," 37 Antitrust Law Journal 772 (1968) (with Robert Pitofsky). cu
  • "The European Common Market in Agriculture," 67 Columbia Law Review 209 (1967). cu
  • "Some International Contraints on Improved Export Earnings of Developing Countries: Tariff Preferences and the Cotton Textiles Agreement," 2 International Society Stanford Law School Proceedings 107 (1967). cu
  • "Trademarks, Price Discrimination and the Bureau of Customs," 57 Trademark Reporter 14 (1967). cu
  • "Book Review (reviewing Michael Wybo, Discrimination et Marche Commun (1966))," 61 American Journal of International Law 241 (1967). cu
  • "Oil and Gas Licensing and the North Sea," 8 Journal of Law and Economics 51 (1965). cu
  • "Book Review (reviewing Lawrence F. Ebb, Regulation and Protection of International Business: Cases, Comments and Materials (1964))," 12 UCLA Law Review 678 (1965). cu
  • "Trademarks, Price Discrimination and the Bureau of Customs," 7 Journal of Law and Economics 45 (1964). cu
  • "Book Review (reviewing R.E. Caves, Air Transport and its Regulators: An Industry Study (1962))," 32 University of Chicago Law Review 200 (1964). cu
  • "Regional Economic Arrangements and the GATT: The Legacy of a Misconception," 30 University of Chicago Law Review 615 (1963). cu
  • "The Economics and Law of Price Discrimination: Herein of Three Regulatory Schemes," 31 University of Chicago Law Review 1 (1963). cu
  • "Symposium on Next Steps in Extending the Rule of Law," 18 Bulletin of the Atomic Scientists 38 (1962). cu
  • "Book Review (reviewing Symposium on Next Steps in Extending the Rule of Law, Notre Dame Lawyer, Vol. 37, No. 1 (1961))," 18 Bulletin of the Atomic Scientists 38 (1962). cu
  • "Conflict of Interest and Federal Service / the Association of the Bar of the City of New York, Special Committee on the Federal Conflict of Interest Laws," 17 Bulletin of the Atomic Scientists 343 (1961). cu

Book Sections

  • "G20 and IMF Governance Reform," in Proceedings of Conference on G20 and Global Governance Reform, Chaibong Hahm & Jongryn Mo eds. (Asian Institute for Policy Studies, 2010). cu
  • "The Subprime Crisis and Financial Regulation: An International Perspective," in The Role of Law and Ethics in the Globalized Economy, Joseph Straus ed. (Springer-Verlag, 2009). cu
  • "The U. S. Government's Approach to Financial Decisions," in Globalization and Systemic Risk, Douglas D. Evanoff, David S. Hoelscher & George G. Kaufman eds. (World Scientific Publishing Company, 2009). cu
  • "Ensuring That Foreign Aid Is Effective: Raise the Level of Debate About Aid," in Opportunity 08: Independent Ideas for America's Next President, Michael E. O'Hanlon ed. (Brookings Institution Press, 2008). cu
  • "Cordell Hull, the Reciprocal Trade Agreements Act, and the WTO.," in Reforming the World Trade System: Legitimacy, Efficiency, and Democrative Governance, Ernst Ulrich-Petersmann ed. (Oxford University Press, 2005). cu
  • "Self-Help in the Digital Jungle," in Expanding the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society, Rochelle Dreyfus, Harry First & Diane L. Zimmerman eds. (Oxford University Press, 2001). cu
  • "Intellectual Property in an Age of Software and Biotechnology," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000). cu
  • "Intellectual Property and the Academic Enterprise," in The Changing Character, Use and Protection of Intellectual Property (German American Academic Council Foundation, 1999). cu
  • "Who Says Who Can Access What? The Policy Crisis over Cryptography in the Information Age," in Science, Technology, and the Law (New York Academy of Sciences, 1998). cu
  • "The Policy Crisis over Cryptography in the Information Age: Who Says Who Can Access What?," in Science, Technology and the Economic Future, Susan Raymond ed. (New York Academy of Science, 1998). cu
  • "U.S. International Economic Strategies," in The Future of American International Engagement (Center for Strategic and International Studies, 1997). cu
  • "At the Heart of the Political Culture," in America Within Us, Beate Lindemann & Jan Van Heurck eds. (Hase and Koehler, 1995). cu
  • "Die Okonomischen Grundlagen des Patentrechts," in Okonomische Analyse der rechtlichen Organisation von Innovation: Beitrage zum IV. Travemunder Symposium zur Okonomischen Analyse des Rechts (23.-26. Marz 1994), Claus Ott & Hans-Bernd Schafer eds. (Mohr, 1994). cu
  • "The Questionable Future of a Business-Judgment Rule in Antitrust," in The Future of a Business-Judgment Standard in Antitrust, Betty Bock ed. (1986). cu
  • "Comment on Constitutional Limits and the Federal Budget, by Donald G. Ogilvie," in The Congressional Budget Process After Five Years, Rudolph G. Penner ed. (American Enterprise, 1981). cu
  • "Comment on 'The Political Economy of Antitrust' by William F. Baxter," in The Political Economy of Antitrust, Robert D. Tollison ed. (Rowman and Littlefield, 1980). cu
  • "Comment on Trade Liberalization: A Public Choice Perspective, by J. M. Finger," in Challenges to a Liberal International Economic Order, Ryan C. Amacher ed. (AEI Press, 1979). cu
  • "The Economics of Due Process," in Directions in Energy Policy: A Comprehensive Approach to Energy Resource Decision-Making, Behram Kursunoglu & Arnold P. Perlmutter eds. (Ballinger Publication Company, 1979). cu
  • "The American Fiscal Constitution," in American-German Bicentennial Symposium on Constitutional Law, Wilhelm A. Kewenig ed. (Duncker and Humblot, 1978). cu
  • "Comment on Alternatives to a Law of the Sea Treaty," in The Law of the Sea: U.S. Interests and Alternatives, Ryan C. Amacher & Richard James Sweeney eds. (American Enterprise Institute, 1976). cu
  • "Fortner Enterprises v. United States Steel: 'Neither a Borrower nor a Lender Be'," in The Supreme Court and Patents and Monopolies, Philip B. Kurland ed. (University of Chicago Press, 1975). cu
  • "Comment on Herbert Stein, The Politics of Inflation," in The Phenomenon of Worldwide Inflation, Arthur B. Laffer & David I. Meiselman eds. (American Enterprise Institute, 1975). cu
  • "Economic Intelligence and Analysis," in Commission on the Organization of the Government for the Conduct of Foreign Policy (Commission on the Organization of the Government for the Conduct of Foreign Policy, 1975). cu
  • "Exclusive Distributorships in the United States and the European Economic Community: Schwinn and Grundig-Consten," in Ius Privatum Gentium. Festschrift fur Max Rheinstein zum 70. Geburtstag am 5. Juli 1969, Max Rheinstein ed. (Mohr, 1969). cu
  • "La Protection aux Etats-Unis du distributeur exclusif de produits de marque contre les importions paralleles et l'application des lois antitrust.," in Brevets et marques au regard du droit de la concurrence en Europe et aux Etats-Unis. Colloque organise les 15 et 16 novembre 1966 dans le cadre du groupe d'etudes sur les aspects juridiques des relations economiques entre l'Europe et l'Amerique, Angelo & Susan E. Waelbroeck eds. (Presses universitaires de Bruxelles, 1968). cu
  • "Some International Constraints on Improved Export Earnings of Developing Countries: Tariff Preferences and the Cotton Textile Agreement," in Development: International Law and Economics, Gene L. Armstrong ed. (Stanford University School of Law, 1967). cu
  • "International Legal Aspects of Federalism," in Federalism and the New Nations of Africa, David P. Currie ed. (University of Chicago Press, 1964). cu

Other Publications

  • "Faculty Meditations on Life at the Law School," University of Chicago Law School Record, 2002 (with Martha Nussbaum & Richard A. Epstein, Geoffrey R. Stone, Cass R. Sunstein & Tracey L. Meares).
  • "Government Should Loosen Reins on Communications Encryption," Dayton Daily News, 24, 1996, at p. 19B (with Herbert S. Lin).
  • "The Cryptography Wars," Washington Post, 23, 1996, at p. A17 (with Herbert S. Lin). www
  • "National Cryptography Policy for the Information Age," Issues in Science and Technology, Summer 1996 (with Herbert S. Lin).
  • "Harnessing Japan: A U.S. Strategy for Managing Japan's Rise as a Global Power," Washington Quarterly, Spring 1993 (with John Deutch, Joseph S. Nye, Jr. & David M. Row). www
  • "The Myth of Budget Timing," Stanford Magazine, 1977 (with George P. Shultz).
  • "Trademarks, Price Discrimination and the Bureau of Customs," Publishing, Advertising and Law Quarterly, 1969.

Various speeches and Congressional testimony as Deputy Secretary of State, State Department Bulletin, 1982-1985.

MEMBERSHIPS AND PROFESSIONAL AFFILIATIONS

  • Non-Resident Senior Fellow, Economic Studies, Brookings, 2004-present
  • Member, Shadow Financial Regulatory Committee, 2003-present
  • National Associate, The National Academies 
  • American Academy of Arts and Sciences 
  • American Academy of Diplomacy 
  • American Law Institute

SERVICE

  • Committee for Economic Development (2006-present)
  • The Brookings Institution (1989-2001, 2003-present)
  • Munich Intellectual Property Law Center (2004-2006)
  • Chicago Council on Foreign Relations (various periods ending 2001)
    Chairman, Advisory Committee (1996-2001)
  • Council on Foreign Relations in New York (1992-2001)
  • Chairman, German-American Academic Council (1999-2001)
  • America-China Society (1988-1999)
  • American Council on Germany (1986-1995)
  • United Way of America, (March-August 1992)
    President and Chief Executive Officer
  • The Asia Society (1987-1992)
  • Foreign Policy Association (1987-1992)
  • Japan Society (1988-1992)
  • Joint Council on Economic Education (1987-1992)
  • United States Council for International Business (1986-1992)

EVENTS

  • Consultant, U.S.-Russian Business Forum (1997 to 1998)
  • Co-Chairman, Committee on Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities (2007-2009)
  • Chairman, Committee to Study National Cryptography Policy, National Research Council (1994-1996)
  • Chairman, Committee on Scientists and Engineers in the Federal Government, National Research Council (1991-1992)