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UHLC’s David Froomkin Earns National Recognition for Reimagining the Separation of Powers

David Froomkin
Assistant Professor of Law

David Froomkin
Assistant Professor of Law

Sept. 30, 2025 — University of Houston Law Center’s Assistant Professor David Froomkin received the 2025 Leonard D. White Award from the American Political Science Association, honoring the year’s best dissertation in public administration. Froomkin earned the award for his groundbreaking work, “Structuring Democracy,” which examined the legal architecture of the executive branch and how it affects public and administrative law.

“The structure of government has enormous effects on how public policy is made,” Froomkin said. “These days, a substantial portion of policymaking occurs in the executive branch. [How] the relationship between Congress and the executive branch is structured [affects] how intelligent and accountable executive policymaking is.”

His research focuses on the role of Congress in shaping these structures through procedural design, an agenda he is now expanding in his forthcoming book “Madison’s Mistake: Restoring the Separation of Powers.” The book critiques modern legal interpretations that, he argues, empower the executive at the expense of Congress, undermining the founders’ vision of separation of powers.

“My view of the separation of powers is that it is a good thing for Congress to be making these kinds of decisions about the legal architecture of the executive branch,” he said. “Modern courts view separation of powers as a mandate for establishing new legal rules that constrain Congress, particularly by empowering the executive. By funneling power to the President to act as a constraint on Congress, courts are betraying the principle of separation of powers.”

Froomkin has always been interested in politics and government. “At some point, I decided that institutional design really determines how effective a government will be at solving social problems and advancing the public interest,” he said. “Developing that understanding drove me to pursue a Ph.D. in political science alongside my legal [studies].”

With an undergraduate degree from Columbia University, a J.D. from Yale Law School and a Ph.D. in Political Science from Yale University, Froomkin has published in numerous journals, including the University of Pennsylvania Law Review, the Yale Journal on Regulation, and Political Studies.

He joined UHLC in 2024 and brings his attitude of logical inquiry to the classroom. “We spend a fair amount of time in my classes thinking not just about what the rules are, but about the rationales for the rules,” he said. “Understanding the logic of the law helps in figuring out how it applies to new factual situations—whether encountered on the bar exam or in legal practice.”

He is excited to be a part of the UH Law Center. “UHLC is a vibrant intellectual community, with wonderful students and colleagues, and it has been a great environment to continue my work,” Froomkin said.

Founded in 1903, the American Political Science Association (APSA) is the leading professional organization for the study of political science, serving more than 11,000 members in more than 100 countries. APSA recognizes and honors the work of various scholars who have made outstanding contributions to political science research, teaching and service.

Q&A with David Froomkin

What does winning this award mean to you and your work?
DF: It is very affirming that there is an interdisciplinary audience for [my work] rethinking the separation of powers. Receiving this honor is a wonderful sign that there is excitement about this work, perhaps particularly at this moment in which the separation of powers, as we have known it, is very visibly decaying.

Your research covers administrative law, election law, and democratic and constitutional theory. How do these areas intersect?
DF: The most obvious legal institution that affects the quality of democracy is elections, but accountability doesn’t stop [there]. The structure of government also matters. For example, legislative gridlock is a product of counter-majoritarian legislative procedures. Too much legislative gridlock impedes Congress’s ability to deliver on the results of elections and to hold the other branches of government accountable. Administrative law is a device that Congress uses to mitigate its problems of gridlock and limited capacity by enlisting private litigants and courts to keep Congress’s executive agents accountable to their legislative mandates.

Who is your role model?
DF: There are many wonderful legal scholars whom I aspire to emulate, but one person who stands out is Sandy Levinson. Sandy has the creativity and the courage to advance bold new ideas that buck conventional wisdom, and he has the sophisticated understanding of institutions needed to back those ideas up. He is right about some important matters of constitutional theory about which most people are wrong. I hope that, in my own way, I’m doing something similar.

What advice do you have for UHLC students, specifically those interested in public law and government service?
DF: There is so much potential for lawyers to change the world for the better through public service. Big change [doesn’t happen] overnight, but they should still be on the lookout for those opportunities and recognize that they take many different forms, including pro bono litigation, advocacy, or even running for office. I hope our graduates don’t lose touch with the ambition to make a difference that drew many of them to this vital profession. Lawyers make a meaningful difference in ways both big and small—if they have the drive and dedication to use the opportunities to do so.

What is something your students would be surprised to learn about you?
DF: Although you would not be able to tell from my accent, I was born and raised in Florida.

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