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Faculty Scholarship

Brooklyn Law School faculty members are engaged in scholarly work on critical issues in the law and policy. Their nationally recognized scholarship is published in top law reviews and has a substantial influence in the legal community and beyond. Their work has been cited by courts, including the U.S. Supreme Court, shapes law and policy across the country, and fuels the dynamic intellectual life of the Law School.

Recent Faculty Scholarship


William Araiza
Professor of Law

 

The Contributions of William Funk to American Constitutional Law Scholarship, 23 Lewis & Clark Law Review 1417 (2020)


Julian Arato
Professor of Law

 

The Private Law Critique of International Investment Law, 113 American Journal of International Law 1 (2019)


Miriam Baer
Professor of Law

 

Designing Corporate Leniency Programs, in The Cambridge Handbook on Compliance,Cambridge University Press __(forthcoming)


Jodi Balsam
Associate Professor of Clinical Law

 

Externship Assessment Project: An Empirical Study of Supervisor Evaluations of Extern Work Performance (with Margaret Reuter), 25 Clinical Law Review 1 (Fall 2018)

Brooklyn Law Notes 2020 Callout


Christopher Beauchamp
Professor of Law

 

Repealing Patents, 72 Vanderbilt Law Review 647 (2019)


Anita Bernstein
Anita and Stuart Subotnick Professor of Law

 

Minding the Gaps in Lawyers' Rules of Professional Conduct, 72 Oklahoma Law Review 125 (2019)


Bradley Borden
Professor of Law

 

Investing Section 1231 Gain in Qualified Opportunity Zones, 35 Tax Management Real Estate Journal 7 (2019)


Heidi K. Brown
Director of Legal Writing
and Associate Professor of Law

 

Untangling Fear in Lawyering: A Four-Step Journey Toward Powerful Advocacy, (ABA Publishing, 2019)


Bennett Capers
Stanley A. August Professor of Law

 

Afrofuturism, Critical Race Theory, and Policing in the Year 2044, 94 New York University Law Review 101 (2019)


Robin Effron
Professor of Law

 

Taking Law School Musicals Seriously, in The Law Of Hamilton: An American MusicalCornell University Press __(forthcoming 2020)


Maryellen Fullerton
Suzanne J. and Norman Miles Professor of Law

 

Borders, Bans, and Courts in the European Union, 23 Roger Williams University Law Review 393 (2018)


Heidi Gilchrist
Assistant Professor of Legal Writing

 

The Vast Gulf Between Attempted Mass Shooting and Attempted Material Support, 81 Pittsburgh Law Review __ (forthcoming 2019)


Cynthia Godsoe
Professor of Law


#MeToo and the Myth of the Juvenile Sex Offender, 17 Ohio State Journal of Criminal Law __(forthcoming 2020) 


Andrew Gold
Professor of Law

The Right of Redress, Oxford University Press __(forthcoming 2020).


Joel Gora
Professor of Law

 

Money, Speech and Chutzpah, 43 Litigation 48 (2017)


Edward J. Janger
David M. Barse Professor of Law

 

One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy (with Adam J. Levitin), 104 Iowa Law Review 1857 (2019)


Brian Lee
Professor of Law

 

Uncompensated Takings: Insurance, Efficiency, and Relational Justice, 97 Texas Law Review 935 (2019)


Roberta Karmel
Centennial Professor of Law

 

Will Fifty Years of the SEC's Disgorgement Remedy Be Abolished?, 71 SMU Law Review 799 (2018)


Catherine Y. Kim
Professor of Law

Professor Catherine Kim 

An Empirical Study of Political Control Over Immigration Adjudication (with Amy Semet), 108 Georgetown Law Journal __(forthcoming 2019)


Adam Kolber
Professor of Law

 

Not-So-Smart Blockchain Contracts and Artificial Responsibility, 21 Stanford Technology Law Review 198 (2018)


Minna J. Kotkin
Professor of Law

 

Clinical Legal Education and the Replication of Hierarchy, reprinted in 6 The Practice (Harvard Law School Center on the Legal Profession) (2020)


Gregg Macey
Professor of Law

 

The Incomplete Ecology of Hydraulic Fracturing Governance, 50 Arizona State Law Journal 583 (2018)


James A. Macleod
Assistant Professor of Law

Professor James MacLeod 

Reporting Certainty, 2019 BYU Law Review 473 (2020)


Christina Mulligan
Vice Dean & Professor of Law

 

Diverse Originalism, 21 University of Pennsylvania Journal of Constitutional Law (2018)


K. Sabeel Rahman
Associate Professor of Law

 

The Institutional Design of Community Control (with Jocelyn Simonson), 108 California Law Review, __(forthcoming 2020)


Dana Brakman Reiser
Professor of Law

 

Progress Is Possible: Sustainability in U.S. Corporate Law and Corporate Governance, in The Cambridge Handbook of Corporate Law, Corporate Governance and SustainabilityCambridge University Press (2019)


Jayne Ressler
Associate Professor of Law

 

#WorstPlaintiffEver: Popular Public Shaming and Pseudonymous Plaintiffs, 84 Tennessee Law Review 779 (2017)


Alice Ristroph
Professor of Law

 

Criminal Law as Public Ordering, 70 University of Toronto Law Journal 1 (2020)


Elizabeth Schneider
Rose L. Hoffer Professor of Law

 

Sex, Trump, and Constitutional Change (with Helen Hershkoff), 34 Constitutional Commentary 43 (2019)


Jocelyn Simonson
Associate Professor of Law

 

The Institutional Design of Community Control (with K. Sabeel Rahman), 108 California Law Review, __(forthcoming 2020)


Lawrence M. Solan
Don Forchelli Professor of Law

 

Corpus Linguistics as a Tool in Legal Interpretation (with Tammy Gales), 2017 Brigham Young University Law Review 1311 (2018)


Aaron Twerski
Irwin and Jill Cohen Professor of Law

 

The Demise of Drug Design Litigation: Death by Federal Preemption, 68 American University Law Review 281 (2018)