Miriam Baer

Professor of Law

250 Joralemon Street
Brooklyn, NY 11201
(718) 780-7517 |  Email  | CV
Areas of Expertise

Corporate Compliance
White Collar Crime

A.B., Princeton University
J.D., Harvard Law School

Professor Miriam Baer Named ALI Adviser


Professor Miriam Baer has been invited by the American Law institute (ALI) to serve as an adviser on the upcoming project “Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations.”

Professor Baer Article Selected for Annual Securities Law Review


Professor Miriam Baer’s article Confronting the Two Faces of Corporate Fraud (66 Florida Law Review 87) was chosen for inclusion in Securities Law Review 2015, an annual anthology that reprints eight to 10 outstanding securities law articles to give them broader exposure.

CrimProfBlog: Baer on Timing Brady


Professor Miriam Baer published a new Article in Columbia Law Review, which examines how timing affects the prosecutor’s decision to disclose or withhold exculpatory evidence in advance of a criminal trial.

Professors Miriam Baer and Bennett Capers Featured in Yale Law Journal Symposium on Justice Sotomayor

Professors Miriam Baer and Bennett Capers are among the select scholars featured in “The Early Jurisprudence of Justice Sotomayor,” a Yale Law Journal Forum symposium published last week. Professor Baer’s essay focuses on Justice Sotomayor’s concurrence in United States v. Jones, in which she suggested that the Court reconsider its reasonable expectation of privacy test and the related third-party doctrine.

Professor Baer Cited The Atlantic Wire about the SEC Fine of Goldman Sachs

After allegations of investor fraud, Goldman Sachs will pay a $550 million fine to the Securities and Exchange Commission. Although the Wall Street Journal called the settlement "one of the largest penalties in Wall Street history," the Atlantic Wire gathered comments from financial experts who think otherwise. Professor Miriam Baer's post in PrawfsBlawg was among the quoted: "A fine that is half of what the media speculated, paired with no significant admission of wrongdoing, does not tarnish Goldman's reputation one bit with either its customers or its investors."

High Honors for Professor Miriam Baer: Selected for Yale Stanford Junior Faculty Forum

“Cooperation’s Cost,” a paper written by Professor Miriam Baer, was competitively selected for presentation at Yale Law School as part of the Yale/Stanford Junior Faculty Forum in late June. Baer’s piece continues an impressive legacy of BLS Faculty who have been selected for this forum, including Christopher Serkin, Dana Brakman Reiser, Edward Janger, and Frederic Bloom. Baer’s article, which was blindly selected, will be one of only two papers for the panel on criminal law. It will be commented on by Yale Law School Professors Steven B. Duke and Kate Stith.

Professor Baer's Paper Chosen for Federalist Society's Young Scholars Panel


Papers written by Professors Miriam Baer and Jason Mazzone were competitively selected for presentation at the Federalist Society's Young Legal Scholars Panel at the Society’s 12th annual faculty conference to be held in New Orleans in January. In addition, Professor Robin Effron was selected to moderate another panel at the conference. Professor Baer’s piece analyzes the practice of cooperation, whereby federal criminal defendants receive reduced sentences in exchange for assisting the government in detecting and prosecuting other criminals.

Professor Baer's Article Listed on Top-Ten Recent SSRN Downloads

Professor Miriam Baer's article "Governing Corporate Compliance" was listed this week as one of the most downloaded SSRN pieces. Her paper, published in the Boston College Law Review, argues that the key problem with corporate compliance is its regulation through an adversarial system that pits federal prosecutors against corporate defense counsel, fueling distrust between corporate entities and the government.

Professor Miriam Baer on Kent Roberts v. McAfee

After being acquitted on fraud charges related to company stock options, Kent H. Roberts, ex-general counsel for antivirus software company McAfee Inc., is suing his former employers for defamation and malicious prosecution. McAfee fired Roberts in 2006 because of an alleged improper stock option grant. He argues that the true reason was to use him as a scapegoat in the company’s internal stock-option program investigation, and without this, he would not have been in indicted and gone to trial the following year. In an article for the Daily Journal, Professor Miriam Baer, a former federal prosecutor, was quoted, saying she is “wary of a claim that these two law firms intentionally kept information from the SEC or the DOJ,” as there did not seem to be any incentive for McAfee to intentionally target an individual.