Butler D. Shaffer
Professor of Law Emeritus
B.S., Law, 1958 and B.A., Arts and Sciences, 1959, University of Nebraska, Lincoln; J.D., 1961, University of Chicago; Member, Colorado and Nebraska State Bars
Phone: (213) 738-6781
The reasoning and analytical skills that Butler Shaffer developed in law school where he served as associate editor of the law review, have helped him pursue "the continuous process of inquiry that Socrates referred to as 'the examined life.'"
"I like to explore, with my students and in my research, the nature and purpose of governmental regulation of economic activity."
From the view of a "modern social historian and philosopher," Professor Shaffer has written numerous books and articles on social theory, business and labor law, and has spoken on these topics before a variety of academic and special interest forums. In his book, Calculated Chaos: Institutional Threats to Peace and Human Survival, he explores the theory that "institutions are the principle means by which conflict is produced and managed in society." He considers how leaders of industry influenced the creation of the New Deal's National Industrial Recovery Act of 1933 in his book, In Restraint of Trade: The Business Campaign Against Competition. Professor Shaffer has also been interviewed on these subjects on network television, cable and radio.
Following graduation from law school, Professor Shaffer was a labor relations consultant to the Midwest Employers Council in Lincoln, Nebraska, and went on to establish a private law practice in Omaha. He subsequently joined the firm of Nelson, Harding, Marchetti, Leonard & Tate, and then began a career in academia at the University of Nebraska College of Business Administration where he taught courses in business and law.
Professor Shaffer joined the Southwestern faculty in 1977. Over the years, his courses included Administrative Law, Antitrust Law, Informal Systems of Order Seminar, Property, Property Transactions Practice, and SCALE courses in Legal Reasoning, Possession and Ownership, and Property Transactions Practice. In 2002, he was named as the Irwin R. Buchalter Professor of Law in recognition of his outstanding contributions to legal education and scholarship. He took Emeritus status in 2015. Professor Shaffer says, "I like to explore, with my students and in my research, the nature and purpose of governmental regulation of economic activity."
Books and Chapters
A LIBERTARIAN CRITIQUE OF INTELLECTUAL PROPERTY (Ludwig von Mises Institute, 2013)
THE WIZARDS OF OZYMANDIAS: REFLECTIONS ON THE DECLINE AND FALL (Ludwig von Mises Institute, 2012)
BOUNDARIES OF ORDER: PRIVATE PROPERTY OF A SOCIAL SYSTEM (Ludwig von Mises Institute, 2009)
CALCULATED CHAOS: INSTITUTIONAL THREATS TO PEACE AND HUMAN SURVIVAL (originally published by Alchemy Books 1985; reprinted by Llumina Press, 2004)
IN RESTRAINT OF TRADE: THE BUSINESS CAMPAIGN AGAINST COMPETITION, 1918-1938 (Bucknell University Press, 1997)
War and Peace as States of Mind in WHY PEACE (Marc Guttman, ed.; 2012)
Introduction in OUR ENEMY THE STATE (A. Nock; republished by The Ludwig von Mises Institute, 2009)
Great Antiwar Films in WE WHO DARED SAY NO TO WAR: AMERICAN ANTIWAR WRITING FROM 1812 TO NOW (M. Polner and T. Woods, eds.; Basic Books, 2008)
Where Matters Stand in THE WIZARDS OF OZYMANDIAS: REFLECTIONS ON THE DECLINE AND FALL (E-book, lewrockwell.com 2008)
Violence as a Product of Imposed Order in THE POLITICIZATION OF SOCIETY (K. Templeton, editor; Liberty Press, 1979); reprinted as GEWELD ALS GEVOLG VAN OPGELEGDE ORDE (in Dutch; Libertarisch Boekcentrum, 1993) and in BETWEEN CHAOS AND ORDER (P. Rikmans editor; Libertarisch Boekcentrum, 1985)
Who Authorizes the Authorities? in FACETS OF LIBERTY: A LIBERTARIAN PRIMER (L. Samuels, ed.; Freeland Press, 1985; 2nd edition; Rampart Institute, 2009)
Distilling the Concrete from the Abstract, JOURNAL OF PRIVATE ENTERPRISE 145 (Fall 2008)
Comments on Leonard Liggio's 'Law & Legislation' in Hayek's Legal Philosophy, 23 SOUTHWESTERN UNIVERSITY LAW REVIEW 539 (1994)
Freethinkers and Charismatic Paranoids, SKEPTIC MAGAZINE (Spring 1994)
In Restraint of Trade: Trade Associations and the Emergence of 'Self-Regulation,' 20 SOUTHWESTERN UNIVERSITY LAW REVIEW 289 (1991)
What I Wish They Had Told Me on My First Day of Law School, SOUTHWESTERN LAW (Fall 1988)
Suicide, Abortion, and Property Rights, LOS ANGELES DAILY JOURNAL (March 1986)
Why Tolerate the Hypocrisy of Equal Justice Under the Law? LOS ANGELES DAILY JOURNAL (May 1986)
Experience Shows Known Criminals Need Not Get Off the Hook, LOS ANGELES DAILY JOURNAL (June 1985)
Too Often the Quest for Justice Becomes a Scramble for Power," LOS ANGELES DAILY JOURNAL (May 1985)
Why Rent Control Doesn't Work: A Matter of Cause and Effect, LOS ANGELES DAILY JOURNAL (May 1985)
The Unwritten Law: Innocent Until Proven Guilty; Familiar Saying Is a Product of Science, Not a Notion of Liberty, LOS ANGELES DAILY JOURNAL (April 1983)
The Notion of an Independent Judiciary Is Only a Myth: The Courts Have Always Been Political Bodies, and They Always Will Be, LOS ANGELES DAILY JOURNAL (July 1983)
The Real Tragedy of Washington Monument Death, LOS ANGELES DAILY JOURNAL (December 1982)
2011, Excellence in Teaching Award RecipientTHE WIZARDS OF OZYMANDIAS: REFLECTIONS ON THE DECLINE AND FALL (ebook at www.lewrockwell.com, 2002)