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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


Frank Pasquale
Professor of Law

 

New Laws of Robotics: Defending Human Expertise in the Age of AI, (Harvard University Press 2020)


Jocelyn Simonson
Professor of Law

Jocelyn Simonson 

Movement Law (with Amna Akbar & Sameer Ashar), 73 Stanford Law Review, __ (forthcoming 2021)


Anita Bernstein
Anita and Stuart Subotnick Professor of Law

 

There’s Feminism in These Judgments, 61 Boston College Law Review Electronic Supplement I.-112 (2020)

Brooklyn Law School Virtual Bookstore


K. Sabeel Rahman
Associate Professor of Law

 

Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis (with Jedediah S. Britton-Purdy, David Singh Grewal, Amy Kapczynski), 129 Yale Law Journal 1784 (2020)


Catherine Y. Kim
Professor of Law

Professor Catherine Kim 

Presidential Ideology and Immigrant Detention (with Amy Semet), 69 Duke Law Journal 1855 (2020)


Jodi Balsam
Associate Professor of Clinical Law

 

Criminalizing Match-Fixing as America Legalizes Sports Gambling, 31 Marquette Sports Law Review 1 (2020)


Steven Dean
Professor of Law

 

Ten Truths About Tax Havens: Inclusion and the ‘Liberia’ Problem, 70 Emory Law Journal __, (forthcoming 2021) (with Attiya Waris)


Miriam Baer
Professor of Law

Miriam Baer 

Law Enforcement’s Lochner, 105 Minnesota Law Review __(forthcoming 2021)


William Araiza
Stanley A. August Professor of Law

 

Objectively Correct, 71 Florida Law Review Forum 68 (2020)


Julian Arato
Professor of Law

Julian Arato 

Parsing and Managing Inconsistency in Investor-State Dispute Settlement (with Chester Brown & Federico Ortino), 21 Journal of World Investment and Trade 336 (2020)


Lawrence M. Solan
Don Forchelli Professor of Law

 

Revisiting a Classic Problem in Statutory Interpretation: Is a Minister a Laborer? (with Tammy Gales), 36 Georgia State University Law Review 491 (2020)


Aaron Twerski
Irwin and Jill Cohen Professor of Law

 

An Essay on the Quieting of Products Liability Law, 105 Cornell Law Review 101 (2020)



Andrew Gold
Professor of Law

Andew Gold

The Right of Redress, Oxford University Press (2020)


Alice Ristroph
Professor of Law

 

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


Minna J. Kotkin
Professor of Law

 

Reconsidering Confidential Settlements in the #MeToo Era, 54 University of San Francisco Law Review 517 (2020)


Adam Kolber
Professor of Law

 

How to Fix Legal Scholarmush, 95 Indiana Law Journal 1191 (2020)


Cynthia Godsoe
Professor of Law


#MeToo and the Myth of the Juvenile Sex Offender, 17 Ohio State Journal of Criminal Law 335 (2020)


Edward J. Janger
David M. Barse Professor of Law

 

Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up (with Stephan Madaus), 27 University of Miami International & Comparative Law Review 334 (2020)


Jayne Ressler
Associate Professor of Law

 

Anonymous Plaintiffs and Sexual Misconduct, 50 Seton Hall Law Review 955 (2020)


Robin Effron
Professor of Law

Robin Effron 

The Invisible Circumstances of Notice, 99 North Carolina Law Review __ (forthcoming 2021)


Heidi Gilchrist
Assistant Professor of Legal Writing

Heidi Gilchrist 

‘Act Normal or Leave:’ When Law and Culture Collide, 26 Columbia Journal of European Law __ (forthcoming 2020)


Kate Mogulescu
Associate Professor of Clinical Law

 

Your Cervix is Showing: Loitering for Prostitution Policing as Gendered Stop & Frisk, 74 University of Miami Law Review Caveat 68 (2020)


Christopher Beauchamp
Professor of Law

 

Repealing Patents, 72 Vanderbilt Law Review 647 (2019)


Susan Hazeldean
Associate Professor of Law

 

Privacy as Pretext, 104 Cornell Law Review 1719 (2019)


Brian Lee
Professor of Law

 

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


James A. Macleod
Assistant Professor of Law

Professor James MacLeod 

Reporting Certainty, 2019 BYU Law Review 473 (2019)


Vijay Raghavan
Assistant Professor of Law

 

Rating Analyst Degrees of Freedom, 87 University of Missouri-Kansas Law Review 335 (2019)


James Fanto
Gerald Baylin Professor of Law

 

Emerging Trends in Corporate Enforcement and Corporate Compliance: Symposium Introduction (with Miriam Baer), 14 Brooklyn Journal of Corporate, Financial & Commercial Law 1 (2019)


Joel Gora
Professor of Law

 

Symposium: Incitement at 100—and 50—and Today: Free Speech and Violence in the Modern World (with William Araiza), 85 Brooklyn Law Review 1 (2019)


Gregg Macey
Professor of Law

 

Industrial Sector, in Legal Pathways to Deep Decarbonization in the United States (Michael Gerrard & John Dernbach eds., Environmental Law Institute, 2019)


Elizabeth Schneider
Rose L. Hoffer Professor of Law

 

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


Bradley Borden
Professor of Law

 

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