Thomas Nachbar headshot
TN

Thomas B. Nachbar

Professor
Senior Center
Unit: School of Law
Department: School of Law
Office location and address
WB309
580 Massie Rd
Charlottesville, Virginia 22903
Education
J.D. University of Chicago Law School 1997
A.B. University of Illinois 1989
Biography

After earning his undergraduate degree in history and economics, Tom Nachbar spent five years as a systems analyst, working for both Andersen Consulting and Hughes Space and Communications before entering law school, where he served on the University of Chicago Law Review and was elected to the Order of the Coif. After graduation, he clerked for Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit and later practiced with what is now Mayer Brown in Chicago as a member of the firm's appellate litigation, information technology, and intellectual property practice groups. Nachbar's previous research has addressed how the availability of new technologies alters conceptions of regulation; his current work is on the relationship between public and private regulation of markets. Nachbar has written extensively on the history of trade regulation, from mercantilist England through 20th-century America, with an emphasis on the constitutional dimensions of trade regulation. He has also written on the relationship between technology and regulation, and has both practiced and published in the field of telecommunications law. He is a co-author (with Glen Robinson) of the casebook Communications Regulation.

In addition to his work on regulation, Nachbar works extensively in the national security arena, focusing on law of armed conflict and the role of legal institutions in counterinsurgency and stability operations. He is a judge advocate in the U.S. Army Reserve, where he has, among other assignments, edited an Army handbook on the development of legal systems, trained Palestinian security forces in the West Bank and deployed to Iraq. He is a senior fellow at the Center for National Security Law.

LAW 6001: Constitutional Law
Credits: 4
This course is an introduction to the structure of the U.S. Constitution and the rights and liberties it defines. Judicial review, federalism, congressional powers and limits, the commerce clause, and the 10th Amendment are covered, as are the equal protection and due process clauses.
LAW 6002: Contracts
Credits: 4
This course examines the legal obligations that attach to promises made in a business contract or otherwise, including the remedies that may be available for promises that are not kept. The course examines the legal requirements for enforceable contracts, including consideration, consent and conditions, and the effect of fraud, mistake, unconscionability, and impossibility.
LAW 7005: Antitrust
Credits: 3–4
This class studies American efforts to prevent the private subversion of free competition. In addition to analysis of the statutes and case law, students consider the history of antitrust regulation and the economic assumptions that drive much of its application.
LAW 7010: Communications Law
Credits: 3
This course surveys the field of electronic communications. Major themes of the course include how to manage a "scarce" resource, the conflict between firms and between media, the conflict between competition and monopoly, the conflict between free speech and regulation, the conflict between self governance and regulation, and, the conflict between different regulators.
LAW 7146: National Security and Information
Credits: 3
The course explore the laws that govern the relationship between information and national security institutions, both the governments use of information and its attempts to control uses of information by others.
LAW 7184: Innovating for Defense
Credits: 3
In this course, students (in multifunctional teams from the Schools of Law, Engineering, and Public Policy) will work on real, national security-related problems facing the U.S. Government. Students will study the structures and processes of the various national security agencies and how those agencies approach the problem of innovation, which for defense institutions is a combined problem of technology, policy, and law.
LAW 7770: Unconventional Warfare (SC)
Credits: 1
The course examines the law and policy of unconventional warfare, which the Department of Defense defines as "activities conducted to enable a resistance movement or insurgency to coerce, disrupt or overthrow an occupying power or government by operating through or with an underground, auxiliary or guerrilla force in a denied area."
LAW 7781: The Firm and Cyberspace (SC)
Credits: 1
Over the last two decades, firms have become increasingly dependent on cyberspace (the domain of interconnected digital communications and processing). The course will explore the causes and consequences of that dependence along with the risks and implications (regulatory and financial; private and public) of firms placing so much reliance on a factor of production over which both firms themselves and individual governments have little control.
LAW 8804: FT Externship: Directed Study
Credits: 3
This directed study is one part of a two-part full-time externship combining academic study and work experience under the supervision of a faculty member and an educational, charitable, governmental or nonprofit host organization.
LAW 8810: Directed Research
Credits: 1
Eligible students receive credit for serving as research assistants supervised by selected law school faculty members.
LAW 8811: Independent Research
Credits: 1
This course is a semester-long independent research project resulting in a substantial research paper supervised and graded by a selected law school faculty member.
LAW 8812: Independent Research
Credits: 2
This course is a semester-long independent research project resulting in a substantial research paper supervised and graded by a selected law school faculty member
LAW 8814: Independent Research (YR)
This course is the first semester of a yearlong independent research project resulting in a substantial research paper supervised and graded by a selected law school faculty member.
LAW 8815: Independent Research (YR)
Credits: 2
This course is the second semester of a yearlong independent research project resulting in a substantial research paper supervised and graded by a selected law school faculty member.
LAW 9089: Seminar in Ethical Values (YR)
This is the first semester of a yearlong seminar designed to enhance students' understanding of ethical issues and address the broader ethical and moral responsibilities of the lawyer as citizen and leader.
LAW 9090: Seminar in Ethical Values (YR)
Credits: 1
This is the second semester of a yearlong seminar designed to enhance students' understanding of ethical issues and address the broader ethical and moral responsibilities of the lawyer as citizen and leader.