David M. Wagner

Professor Wagner

Professor

daviwag@regent.edu

  • JD, George Mason University School of Law
  • M.A., Yale Graduate School
  • B.A., Yale College
  • Associate Professor, Regent School of Law, 1998-present
  • Senior Writer, Insight Magazine, Washington, D.C., 1996-98
  • Deputy Counsel, United States House of Representatives, Subcommittee on International Operations and Human Rights, 1995-96
  • Director of Legal Policy, Family Research Council, 1989-95
  • Speechwriter, United States Department of Justice, 1986-89 
  • Editorial Writer, The Washington Times, Washington, D.C., 1984-86
  • Admitted: Pennsylvania

Fields

Constitutional Law

Criminal Law
Administrative Law

Constitutional History

 

Book Chapters

Delegitimating the Family: the Classical Liberal Roots, The Family, Civil Society, and the State (C. Wolfe ed., 1998).

Alasdair MacIntyre: Recovering the Rationality of Traditions, Liberalism at the Crossroads (C. Wolfe and J. Hittinger, eds., 1994).

Book Reviews, Answers and Letters 

Numerous book reviews in The Washington Times, Crisis, Fidelity, and The Orange County Register.

Books and Monographs

The Constitution and Covenant Marriage Legislation: Rumors of a Constitutional Right to Divorce Have Been Greatly Exaggerated, 13 Regent U. L.Rev. (1999).

Defining Deviancy Up: How the Child Protection System Often Harms Families (Family Research Council Family Policy 1994) [monograph].

Newspaper and Periodical Articles

Rehnquist's Call: The Chief Justice of the United States has not presided over a trial of the chief executive since 1868. William Rehnquist brings expeditious dignity to the role (cover story), Insight Magazine, at 10 (Jan. 25, 1999).

Friend or Enemy?: Is the FDA serving the public with its zealous regulations? An eclectic alliance wants to force it to loosen controls on new drugs that may be miracle cures (cover story), Insight Magazine, at 8 (Aug. 17, 1998).

When Conservatives Lay Down the Law: Rancor surrounding a powerful liberal lobby and dubious civil-rights decisions has hatched what once may have seemed a strange bird: the conservative legal activist, Insight Magazine, at 31 (Aug. 10, 1998).

Supreme Court Scorecard: Insight takes a look at high-court rulings on sexual harassment, funding for the arts, disability law and the line-item veto that may create more questions than they answer, Insight Magazine, at 18 (July 27, 1998).

The Great Rights Collision: Does the right of citizens to live in safe neighborhoods justify entrusting police officers with powers that can lead to the abuse of individual freedoms? The courts look at a tough case (special report), Insight Magazine, at 7 (July 6-13, 1998).

Clinton Claims Still in Courts: President Clinton has evidence he doesn't want to turn over to investigators. Independent Counsel Ken Starr wants it. Their battle goes now to the federal appeals court in Washington (special report), Insight Magazine, at 7 (June 29, 1998).

The Return of Chairman Roy: After being caught falsely denying an affair with his former assistant, the Democratic national chairman reappeared to defend President Clinton and attack GOP accusers as liars (special report), Insight Magazine, at 7 (June 8, 1998).

Dumbing Down God: When priests and ministers are not adequately trained, the false idols of television displace them as dubious moral guides for American youth (cover story, with Michael Rust), Insight Magazine, at 8 (June 1, 1998).

Starr Ready for Long Endgame: Independent Counsel Ken Starr's probe is entering the home stretch. What options does he have? Indictments? A series of reports to Congress? One massive report?, Insight Magazine, at 15 (May 11, 1998).

Preparing for Privatization: An astonishing but escalating debate in Congress has moved away from transfers between generations toward development of sound investment programs, Insight Magazine, at 16 (May 4, 1998).

Impeachment Blues: Although an impeachment inquiry is only in the talking stage, recent House activities suggest the GOP leadership knows it must deal with the problem (cover story), Insight Magazine, at 10 (April 20, 1998).

Financing Their Champagne Tastes: Although most Americans are enjoying sound financial health, personal bankruptcies are plaguing the country, with more than 1 million filings in 1997. What is the cost to the U.S. economy? (with Keith Russell), Insight Magazine, at 14 (Mar. 9, 1998).

Workplace Laws and Conduct Unbecoming: What if Bill Clinton were not President of the United States but an office supervisor, a shop foreman or a drill instructor? How would his behavior be treated in the civil-justice system?, Insight Magazine, at 16 (Feb. 23, 1998).

Landmark Decision Still Defies Reversal: A quarter-century ago abortion-rights advocates saw a victory in Roe v. Wade. Pro-life supporters and constitutional scholars say that they won't give up the fight to overturn the decision, Insight Magazine, at 13 (Feb. 2, 1998).

Fidel, the Pope and the Miami Faithful: The death in Miami of Cuban embargo advocate Jorge Mas Canosa and the arrival of Pope John Paul II in Cuba may set the stage for significant changes in the Cuban communist regime, Insight Magazine, at 18 (January 26, 1998).

Something Old, Something New: If marriage is based on intimate personal commitment, is it any more reasonable to deny the rights of lawful union to two people of different races than to two of the same gender? (report on Catholic University Law School Conference on Loving v. Virginia , featuring a paper by Lynne Marie Kohm), Insight Magazine, at 22 (Jan.5, 1998).

Congressional Sausage: It's not easy to spend the taxpayers' money, but Congress slices and dices budgets, authorizations, and appropriations until the dubious treats are ready (cover story, with James P. Lucier), Insight Magazine, at 8 (Dec. 29, 1997).

Lawyers 'Discover' How to Beat the Rap: The discovery phase of civil litigation has become a tactical weapon used by plaintiffs' and defense attorneys to drag out lawsuits. Each side blames the other for abusing the process, Insight Magazine, at 31 (Dec. 15, 1997).

Child Removal Lacks Due Process: When parents are accused of abuse, constitutional rights to remain silent and to an attorney do not apply. Child abuse is deemed an illness not a crime, Insight Magazine, at 22 (Nov. 24, 1997).

'Yale Experience' is Depravity for Some Five Orthodox Jewish undergraduates are seeking legal relief from Yale College's freshman and sophomore housing rules. The dispute is the latest skirmish in the ongoing culture war, Insight Magazine, at 18 (Nov. 10, 1997).

Our Lady's Mountain, Crisis (Oct. 1997).

The Reaganauts Recall the Gipper: Those who worked with Reagan during his White House years have had time to reflect about it. They say that to know the man is to understand his greatness and his achievement, Insight Magazine, at 16 (Oct. 27, 1997).

Should the World Blame the Swiss?: While Switzerland's intellectuals cringe in the glare of international scrutiny spotlighting Nazi-era banking practices, their countrymen focus quietly on everyday local affairs, Insight Magazine, at 21 (Oct. 6-13, 1997).

Blessed are the Promise Keepers: Many are convinced that the trouble with American families is that fathers and husbands have chickened out. As many as a million may gather soon in Washington to promise God to improve (cover story), Insight Magazine, at 10 (Sept. 29, 1997).

No Place (to Learn) Like Home: The homeschooling/community-schooling movement may have come full circle in the last two decades, moving from its counter-culturalist left-wing roots and embracing the values of conservative Christians, Insight Magazine, at 12 (Sept. 8, 1997).

Is There Anyone Guarding the Guardians at Justice?: There are 93 U.S. Attorney districts, each with one U.S. Attorney and 10 to 15 assistants. They decide when to initiate legal action, and there is growing national criticism that some are getting out of hand, Insight Magazine, at 14 (Aug. 4, 1997).

The Rehnquist High Court?: The Supreme Court seems to have formed a majority around Chief Justice Rehnquist's conservative views: keeping Congress within its assigned powers, and rejecting the cultural elites' attempts to create new constitutional rights. But will the center hold? Here is a look at the high court's latest rulings, with insight as to what it all means (cover story), Insight Magazine, at 8 (July 28, 1997).

Millions Change Hands as Insurers Bail Out Clinton: The president's insurance carriers are seeing him through the Paula Jones sexual-harassment lawsuit, but why are they paying millions to defend $300,000 in claims? Experts suspect an attempt to curry favor (special report, with Timothy W. Maier), Insight Magazine, at 8 (July 7-14, 1997).

An Officious Big Brother Builds Wiretap Authority: Liberals and conservatives are forming an unlikely alliance regarding new threats to privacy from the federal government. Use of wiretaps is on the rise, the Clinton administration is asking phone companies to make their new technology even easier to tap, and an administration-backed bill would restrict the private use of encryption technology, Insight Magazine, at 19 (June 23, 1997).

Support for MAP [Market Access Program] Blooming on Agriculture Committee, Waste & Abuse column, Insight Magazine, at 44 (June 9, 1997).

Family-Friendly Movement Sees Patience as a Virtue: Pro-family groups are considered a reliable bulwark of conservative politics. But even in the wake of recent victories on the home front, many wonder if the movement's concerns are being taken seriously, Insight Magazine, at 14 (June 9, 1997).

Not Just Any Senatorial Wife, Abraham Leads Pro-Life PAC: Jane Abraham wears more hats than just a senator's wife and mother of three young children. Although her family comes first, the Susan B. Anthony List runs a close second with her new tenure as its president (picture profile), Insight Magazine, at 16 (June 2, 1997).

Wetlands Rules Leave High and Dry, Waste & Abuse column, Insight Magazine, at 44 (May 19, 1997).

Conservatives and Unions Eye China's 'Favored' Status: The annual review of China's position as a 'most favored nation' is galvanizing new alliances. Religious conservatives and labor unions have teamed up; against them stand free-traders and business interests, Insight Magazine, at 14 (May 12, 1997).

Supreme Court Vacillation Bolsters Wall of Separation The constitutional-law boundaries of church and state are as blurred as ever. Upcoming developments include a possible constitutional amendment and a landmark Supreme Court decision [Aguilar v. Agostini] due in June, Insight Magazine, at 16 (May 5, 1997).

Anticommunists Plan to Build Cold War Memorial: Almost 80 years after the Bolsheviks introduced the most repressive form of government in history, Congress has authorized fund-raising for a national museum to honor the millions of victims of communism, Insight Magazine, at 16 (April 28, 1997).

Senate Committee Bars ABA From Vetting Judicial Picks: The American Bar Association is wading into controversy. The Senate has dropped the organization from its former key role in screening federal judges, and alternative legal groups loom on the horizon, Insight Magazine, at 15 (April 21, 1997).

Have IRS Audits Become Political?: Several conservative groups have been audited after opposing Clinton administration policy issues. There is growing suspicion that the impetus for these audits is coming from high government officials, Insight Magazine, at 18 (April 7-14, 1997).

Laity Pushes Clergy Toward Right, Evangelical Political Revival Grows: The mantle of evangelical leadership in public affairs has passed from the ordained clergy to the laity as conservative Christians have developed a zeal for political activity and advocacy of family values. The change is dramatic, both theologically and secularly. It affects Catholics as well as Protestants (Includes photo of Chancellor with caption: Robertson has encouraged laity to lead politically), Insight Magazine, at 18 (Mar. 31, 1997).

Old Communists Have New Tricks to Repress Citizens: Forced-labor camps have been government policy since the Cultural Revolution. The People's Republic continues to use a population-control program and religious repression to subjugate its masses, Insight Magazine, at 16 (Mar. 24, 1997).

White House Housecleaning: With all the scandals surrounding Bill Clinton, the president appears to be more interested in loyalty than ideology in assembling his new Executive Mansion bureaucracy. Does it mean a move to the center? (cover story), Insight Magazine, at 8 (Feb. 17, 1997).

Student Conservatives Continue Yale Tradition: Conservative thinking may not be cool on campus, but it does have its own forum in which to flourish, Insight Magazine, at 17 (Feb. 10, 1997).

GOP Philosopher-Kings Battle for Soul of the Party: A recent symposium on judicial activism and American democracy has exposed deep fissures within the conservative coalition. Can a house divided along theological and political lines continue to stand?, (with Michael Rust) Insight Magazine, at 12 (Feb. 3, 1997).

Clean Air at What Cost? New antipollution regulations from the EPA may make lawn mowing, barbecuing and driving a car all violations on environmental law. Business groups worry unfunded mandates may doom small industry (cover story), Insight Magazine, at 8 (Jan. 20, 1997).

High-Tech Future Shock is Sign of Things to Come Conservative theorist George Gilder explores where technology is going and examines social implications of fiber optics, wireless communications and the platform-independent computer system, Insight Magazine, at 16 (Jan. 6-13, 1997).

Who's Who in America's Conservative Revolution?: House Speaker Newt Gingrich and Senate Majority Leader Trent Lott steered the Congress hard to starboard, but currents of ideas and organizations to their right are transforming American political life, Insight Magazine, at 18 (Dec. 23, 1996).

Congressional Investigations: At least 11 committees are preparing to investigate political and personal scandals swirling around the Clintons. Who is looking at what has become more complicated than an Abbott and Costello routine (cover story), Insight Magazine, at 8 (Dec. 16, 1996).

House Party for the Right: Amid the victory cheers coming from conservatives in the House of Representatives are several laments marking the defeat of stalwarts Bob Dornan of California and David Funderburk of North Carolina (cover story), Insight Magazine, at 8 (Dec. 9, 1996).

It Took a Few Tries, But This Time We Really Mean It , Waste & Abuse column, Insight Magazine, at 44 (Dec. 2, 1996).

Clinton Policy Plans Await his Second Term: The president's options are on hold as he feels out the new Congress and decides how to overcome the scandals in which his administration is mired. Clinton may propose, but Congress will dispose, Insight Magazine, at 13 (Nov. 25, 1996).

Nourishing the Soul Pope John Paul II: The Pole, priest and man of peace has played a leading role in defeating Communism. With the end of the Cold War, where does he go from here? (cover story), Insight Magazine, at 10 (Nov. 18, 1996).

Will Clinton be Impeached?: House Republicans are reviewing a 1974 report on Watergate. Since most of the scandals a la Clinton could trigger the constitutional articles of impeachment, House Democrats are preparing for the worst (cover story), Insight Magazine, at 8 (Nov. 4, 1996).

If Democrats are Liberals, what is Bill Clinton?: The many faces of the president are reflected in his federal-court picks and 'don't ask, don't tell' defense decree, as well as his welfare-reform decisions and family-values cheerleading. Just what side is he on? (cover story), Insight Magazine, at 8 (Oct. 28, 1996).

House Races Look Good for the GOP: The Democratic spin machine is working overtime to return liberal leadership to the halls of Congress. Conservative Republicans, meanwhile, plan not only to duplicate their 1994 victories but to increase their majority by emphasizing that they have kept their promises (cover story), Insight Magazine, at 9 (Oct. 21, 1996).

Opinions Do Carry Weight, but Are the Scales Tipped?: President Clinton continues to outperform Bob Dole in the polls, but many analysts wonder if such indicators are honest reflections of the situation or just reflect the interests of a dominant liberal media, Insight Magazine, at 13 (Oct. 7-14, 1996).

Interchangeable Rhetoric but Real Differences, Too: The Republican and Democratic platforms sometimes seem to share the same blueprint, but any difference is superficial. Beyond the rhetoric, the parties disagree on fundamental issues , Insight Magazine, at 14 (Sept. 16, 1996).

Will Heartfelt Penitence Woo the Black Vote?: The seventies saw African-American intellectuals question the power of the Democratic Party in their community. Many wonder if a segment of the black vote could be the GOP's for the asking, Insight Magazine, at 15 (Sept. 2, 1996).

High-Tech Snoops Get Real Personal: The evolution of data collection is outpacing the legal system's ability to protect your privacy, Insight Magazine, at 18 (Aug. 19,1996).

Elitist Culture, Extreme Reactions: Although polls indicate that many Americans are receptive to political activity by Christians, the gap is widening between liberals and conservatives as the religious right moves front and center, Insight Magazine, at 16 (Aug. 12, 1996).

Campaign Pit Bulls Maul Candidate Chances: Although many people claim to be repulsed by it, negative political advertising seems to be a hammer in the toolbox of every campaign professional, Insight Magazine, at 11 (Aug. 5, 1996).

Pens are mightier than soundbites: For the accomplished White House wordsmith, both silence and speechwriting are golden (Interview with Aram Bakshian), Insight Magazine, at 16 (July 22, 1996).

What Conservatives Can Expect from President Dole: Bob Dole's political values are deeply rooted in small-town Midwestern America and predate 'modern' conservatism. Pundits predict his presidential campaign will reflect those values, Insight Magazine, at 12 (July 1-8, 1996).

The Family and the Constitution, First Things, No. 45 (Aug.-Sept. 1994).

The Right Man for the Met, NY: The City Journal (Winter 1991) [James Levine and the Metropolitan Opera].

Bill Bennett's Dilemma, National Review (June 19, 1987).

Op-eds in The Washington Times.