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

Does the BuzzFeed report show that Trump obstructed justice?


Professor Miriam Baer comments on a potential obstruction case against President Trump following a report that he ordered his former attorney Michael Cohen to lie to Congress.

Deputy AG Rod Rosenstein Expected to Resign from Justice Dept. In Coming Weeks


Professor Miriam Baer discusses the potential impact of the departure of Deputy Attorney General Rod Rosenstein on the Mueller investigation.

The Yale Law Journal Forum: Miriam Baer on Insider Trading's Legality Problem


Ordinarily, proponents of legislative law-making cast their arguments in fairness terms, as written statutes provide advance warning of what is and is not forbidden. This Essay by Professor Miriam Baer contends that legislatively enacted statutes go further than that. Under the best circumstances, they can improve the content of criminal law precisely because they permit the legislature to differentiate similar yet morally distinct conduct. With this benefit in mind, the Essay imagines what insider trading law might look like were Congress to both define and subdivide the crime of insider trading into the kind of tiered or degreed crimes more routinely featured in state codes.

Professor Miriam Baer Elected to Membership in American Law Institute


Professor Miriam Baer has been elected to membership in the American Law Institute. ALI is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.

Professor Baer Article Cited


Professor Miriam Baer's Cooperation’s Cost (88 Wash U L Rev 903 (2011)), was cited in concurring opinion United States v. Rushin, 844 F3d 933, 943 (11th Cir. 2016) (Jordan J., concurring). ("Noting the motivation to lie where 'a potentially massive reduction in sentence is at stake.'”)

Professor Miriam Baer Presents Paper at American Law and Economics Association Annual Meeting at Harvard Law School


Professor Miriam Baer’s forthcoming article, Pricing the Fourth Amendment, was among those chosen for presentation at the American Law and Economics Association (ALEA) annual meeting at Harvard Law School, held at the end of May. Every year, ALEA convenes a meeting that draws law and economics scholars from across the country to discuss their cutting edge research in numerous areas related to law and regulation.

POLITICO New York’s Public Law Report: A GM prosecution deferred; a judge’s fan mail


Professor Miriam Baer doesn’t believe there is much to infer in the theory that the Department of Homeland Security has a side agenda in the recent raid of the online escort site.

Professor Miriam Baer Chosen to Serve on City Marshal Committee


Professor Miriam Baer was among the 13 new members appointed to the New York City Mayor’s Committee on City Marshals. The committee establishes qualifying criteria for marshal candidates, identifies and recruits candidates, and recommends qualified individuals for appointment by the Mayor.

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.