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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.

Latest Faculty Scholarship


William Araiza
Stanley A. August Professor of Law

 

Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt, (NYU Press, June 2022)

Americans’ trust in public institutions is at near historic lows and “bureaucracy” and “big government” are pejorative terms. Araiza investigates the sources of this phenomenon and explains how we might rebuild trust in our public institutions. Using an interdisciplinary approach, with insights from history, political science, law, and public administration, Araiza explores our current bureaucratic malaise and presents a roadmap to finding our way out of it, toward a regime marked by effective, expert regulation that remains democratically accountable and politically legitimate.


Miriam Baer
Vice Dean and Centennial Professor of Law

Miriam Baer 

Forecasting the How and Why of Corporate Crime’s Demise, 47 J.Corp.L. 887 (forthcoming 2022) Recognizing the implausibility of corporate crime’s disappearance, Baer explores an adjacent topic, namely the identification of those dynamics most likely to depress corporate crime’s enforcement to intolerably low levels.

Book Review (Criminal Law and Criminal Justice Books, 2022) of John Coffee Jr.’s Corporate Crime and Punishment: The Crisis of Underenforcement (Berrett-Koehler Publishers, 2020) Why does our society continue to underenforce corporate crime? This is the question that fuels Professor John Coffee’s newest book, and he answers it primarily with what he calls a “logistical mismatch” hypothesis, Baer writes.


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

Heidi K. Brown 

The Flourishing Lawyer, (ABA Book Publishing, May 2022)

The Flourishing Lawyer offers an empathetic guide for members of the legal profession to cultivate their personal and professional well-being, identify and develop their individual strengths, and define success on their own terms. Drawing from lessons and research from the fields of psychology, health care, sports, and medicine, this book is an affirming guide to becoming a better contributor to the profession while living a flourishing life.


Steven Dean
Professor of Law

 

 Filing While Black: The Casual Racism of the Tax Law, Utah Law Review __ 801 (2022)

The tax law’s race-blind approach produces bad tax policy. The racial bias long tolerated—and sometimes exploited—by tax scholars and policymakers affects all aspects of the tax law. In 1986, Sam Gilliam was denied tax deductions that others in similar situations enjoyed. In 2000, Liberia was threatened with sanctions for being a tax haven, but Switzerland was not. In 2014, Eric Garner died in police custody after being suspected of evading a tax. In each instance, anti-Blackness played a role in ways the tax law either ignores or actively leverages.

Brooklyn Law School Virtual Bookstore


Cynthia Godsoe
Professor of Law

Cynthia Godsoe

The Place of the Prosecutor in Abolitionist Praxis, 69 U.C.L.A. Law Review (2022)

Progressive prosecutors have been widely hailed as the solution to mass incarceration, but Godsoe argues they are not the magic bullet. Prosecutors' institutional power and ethical mandate to "do justice" can be repurposed to start reversing decades of building the carceral state, but transforming the system entails ceding power to communities, divesting criminal system resources, and investing in societal supports that keep people safe.


Catherine Y. Kim
Professor of Law

Professor Catherine Kim 

Rights Retrenchment in Immigration Law, 55 U.C. Davis L. Review  1283 (2022)

The Modern Court’s stance toward immigrants tells a story of rights retrenchment, a scaling back from even the modest gains of the 20th century. In areas including the right to habeas corpus, procedural due process, discrimination, free speech, and detention, noncitizens today enjoy even fewer constitutional protections than they did at the end of the last century.


Sarah Lorr
Assistant Professor of Clinical Law & Co-Director of the Disability and Civil Rights Clinic

Sarah Lorr 

Unaccommodated: How the ADA Fails Parents, 110 California Law Review 1315 (2022)

Thirty years after Congress passed the Americans with Disabilities Act (ADA), discrimination and ingrained prejudices against individuals with intellectual disabilities—especially poor Black and brown parents with disabilities—continue. Despite promising federal intervention with the promulgation of the new technical assistance in 2015, both family and federal courts still fail to vindicate the rights of parents with disabilities, by sidestepping responsibility for parents’ claims under the ADA. For the ADA to fulfill its promise, parents with intellectual disabilities must have a viable legal avenue to enforce it.


Vijay Raghavan
Assistant Professor of Law

Vijay Raghavan

Shifting Burdens at the Fringe, 102 Boston University Law Review 1301 (2022)

Raghavan offers a new descriptive account of consumer financial regulation. Leveraging insights from the recent literature on the legal design of money, he suggests that consumer financial regulation is best understood as a way to shift the incidence of financing the creation of new money and not as an intervention in private exchange. He considers how this framing can change the way we justify consumer law and regulate consumer credit markets. 

Irene Ten Cate
Associate Director of the Block Center for International Business Law and Assistant Professor of Legal Writing

Irene Ten Cate

Splitting the Baby, 61 Columbia Journal of Transnational Law __ (forthcoming 2022)

Compromise Awards in international commercial arbitration are widely condemned, but it is hard to articulate what is wrong with such awards if tribunal members genuinely disagree about the law or the facts. This article argues that the primary harm of compromise lies in its effects on the quality of individual and collective deliberation. These flaws, in turn, taint the award by turning reason-giving into an exercise in justification rather than an opportunity for continued assessment.

2020 - 2022 Faculty Scholarship


Edward J. Janger
David M. Barse Professor of Law


Private Equity & Industries in Transition: Debt, Discharge, & Sam Gerdano, 71 Syracuse Law Review 521 (forthcoming 2021)


Robin Effron
Professor of Law

Robin Effron 

Forum Selection Clauses, Non-Signatories, and Personal Jurisdiction, __ Notre Dame Law Review __ (forthcoming 2021) (with John Coyle)


Alexis Hoag-Fordjour
Assistant Professor of Law

Alexis Hoag-Fordjour 

Black on Black Representation, 96 New York University Law Review __ (forthcoming 2021)


Steven Dean
Professor of Law

 

Ten Truths About Tax Havens: Inclusion and the ‘Liberia’ Problem, 70 Emory Law Journal 1657, (2021) (with Attiya Waris)


William Araiza
Stanley A. August Professor of Law

 

Regents: Resurrecting Animus/Renewing Intent, 51 Seton Hall Law Review 983 (2021)


Andrew Gold
Professor of Law

Andew Gold

Pernicious Loyalty, 62 William & Mary Law Review 1187 (2021)


Cynthia Godsoe
Professor of Law

Cynthia Godsoe

The Place of the Prosecutor in Abolitionist Praxis, __ U.C.L.A. Law Review __ (forthcoming 2021) )


Faiza Sayed
Assistant Professor of Law and Director of the Safe Harbor Project

Faiza Sayed 

Terrorism and the Inherent Right to Self-Defense in Immigration Law, 109 California Law Review 615 (2021)


Andrew Jennings
Assistant Professor of Law

Andrew Jennings 

Follow-Up Enforcement, 70 Duke Law Journal 1569 (2021)


Jocelyn Simonson
Professor of Law

Jocelyn Simonson 

Police Reform Through a Power Lens, 130 Yale Law Journal 778 (2021)


Julian Arato
Professor of Law

Julian Arato

The Elastic Corporate Form in International Law, 62 Virginia Journal of International Law __ (forthcoming 2021)


Vijay Raghavan
Assistant Professor of Law

Vijay Raghavan

Consumer Law's Equity Gap, 3 Utah Law Review __ (forthcoming 2022)


James A. Macleod
Assistant Professor of Law

Professor James MacLeod

Finding Original Public Meaning, 56 Georgia 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 54 (2021)


Alice Ristroph
Professor of Law


The Curriculum of the Carceral State, 120 Columbia Law Review 1631 (2020)


Jayne Ressler
Associate Professor of Law

 

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


Adam Kolber
Professor of Law

 

Line Drawing in the Dark, 22 Theoretical Inquiries in Law 111 (2021)


Frank Pasquale
Professor of Law

 

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


Bradley Borden
Professor of Law

 

Rethinking Book-Tax Disparities and Partnership Distributions, 170 Tax Notes Federal 711 (Feb. 1, 2021)


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)


Anita Bernstein
Anita and Stuart Subotnick Professor of Law


Three Cohorts’ Vulnerabilities on the Issue of Sexual Consent, 73 Oklahoma Law Review 1 (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)


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)


Jodi Balsam
Associate Professor of Clinical Law

 

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


Catherine Y. Kim
Professor of Law

Professor Catherine Kim 

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



Minna J. Kotkin
Professor of Law

 

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


Dana Brakman Reiser
Centennial Professor of Law


Foundation Regulation in Our Age of Impact, 17 Pittsburgh Tax Review 357 (2020)