Recent Faculty Scholarship

Great scholarship serves the community in many ways. Brooklyn Law School’s faculty have produced a remarkable collection of work on a wide range of topics that have reached readers worldwide. They have influenced legislation, judicial decisions, and teaching methodologies. In this section is a small sampling of some of the more recent research that is a source of great pride for the Law School. Read more about the scholarship produced in the last several years.

Anita Bernstein

Anita Bernstein
Real Remedies for Virtual Injuries, 90 N.C. L. REV. 1457 (2012)

Bernstein argues that social networking, which offers enhancements to human lives at a low marginal cost, also contributes to dignitary and other nonpecuniary harms. Statements and images presented in electronic media can give rise to defamation, invasion of privacy, trademark infringement, and false advertising claims. Accurate enough as descriptions of harm, these doctrines do not do an adequate job of repair. An injurious communication preserved by electronic means and distributed through social networking is more likely than its spoken or paper-written counterpart to spread (a phenomenon expressed in the metaphoric adjective “viral”), to reach people whose disesteem the victim cares about, and to retain power to inflict more harm after it has been adjudicated as unlawful. She asserts that injuries in the virtual realm call for remedies that recognize how information travels through — and lingers inside — electronic media. After summarizing how current remedies for virtual injuries fail to effect repair, she proposes a court-annexed alternative dispute resolution scheme.

Experience Prof. Susan Herman's Constitutional Law class.

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