Faculty Scholarship

Faculty Scholarship Highlights

Brooklyn Works Brooklyn Law SSRN

William Araiza
Vice Dean & Professor of Law

Brooklyn Law School - Professor William Araiza

Enforcing the Equal Protection Clause: Congressional Power, Judicial Doctrine, and Constitutional Law (NYU Press, 2016)

For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle...Read More

Julian Arato
Assistant Professor of Law

Brooklyn Law School - Professor Julian Arato

The Logic of Contract in a World of Treaties, 58 Wm. & Mary L. Rev. __ (forthcoming 2016)

Investment treaties protect foreign investors who contract with sovereign states. It remains unclear, however, whether parties are free to contract around these treaty rules, or whether treaty provisions should be understood as mandatory terms that constrain party choice...Read More

Miriam Baer
Professor of Law

Brooklyn Law School - Professor Miriam Baer

Pricing the Fourth Amendment, 58 Wm. & Mary L. Rev. __ (forthcoming 2017)

Pricing the Fourth Amendment devises a creative method for enabling the federal government to “tax” searches and seizures undertaken by local police departments...Read More

Christopher Beauchamp
Associate Professor of Law

Brooklyn Law School - Professor Christopher Beauchamp

The First Patent Litigation Explosion, 125 Yale L. J. 848 (2016)

The twenty-first century “patent litigation explosion” is not unprecedented. In fact, the nineteenth century saw an even bigger surge of patent cases...Read More

Bennett Capers
Stanley A. August Professor of Law

Brooklyn Law School - Professor I. Bennett Capers

Race, Policing, and Technology, __ N. C. L. Rev. __ (forthcoming 2016)

I am a black man. So begins the essay, “Race, Policing, and Technology,” which makes an argument that may seem counter-intuitive, that may rile libertarians and progressives, and may even give pause to a few black folk. What this essay argues is that, if we truly care about making policing egalitarian and fair to everyone, then that may mean more policing, not less...Read More.

Cynthia Godsoe
Associate Professor of Law

Associate Professor Cynthia Godsoe

Perfect Plaintiffs, 125 Yale L. J. F. 136 (2015)

This essay critically appraises the plaintiff selection in Obergefell v. Hodges and other significant intimacy cases. Deliberate plaintiff selection by lawyers and activists played a key role in the ascent of marriage equality, particularly for a Court that has been acutely aware of public opinion and concerned about its historic legacy...Read More

Adam Kolber
Professor of Law

Brooklyn Law School - Professor Adam Kolber

The Bumpiness of Criminal Law, 67 Ala. L. Rev. 855 (2016)

Criminal law frequently requires all-or-nothing determinations. A defendant who reasonably believed his companion consented to sex may have no criminal liability, while one who fell just short of being reasonable may spend several years in prison for rape...Read More

Rebecca Kysar
Professor of Law

Brooklyn Law School - Professor Rebecca Kyser

Interpreting Tax Treaties, 101 Iowa L. Rev. 1387 (2016)

The circumstances, if any, that permit non-uniform, or differentiated, treaty interpretation are difficult to define...Read More

Brian Lee
Professor of Law

Brooklyn Law School - Professor Brian Lee

Emergency Takings, 114 Mich. L. Rev. 391 (2015)

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes”...Read More

Christina Mulligan
Associate Professor of Law

Associate Professor Christina Mulligan

Personal Property Servitudes on the Internet of Things, Ga. L. Rev. (forthcoming 2016)

Software and internet connections once were confined to multi-purpose computers housed in rectangular boxes. No longer. Now, small appliances such as thermostats, watches, jewelry, and eyewear are being made available with networking capability...Read More

Minor Myers
Professor of Law

Brooklyn Law School - Professor Minor Myers

Do the Merits Matter? Empirical Evidence on Shareholder Suits from Options Backdating Litigation, 164 U. Pa. L. Rev. 291 (2016) (with Q. Curtis)

Do the legal merits matter in stockholder litigation? A connection between engaging in wrongful behavior and liability in a shareholder lawsuit is essential if lawsuits are to play a role in deterring wrongful behavior...Read More

K. Sabeel Rahman
Assistant Professor of Law

Brooklyn Law School - Assistant Professor K. Sabeel Rahman

Domination, Democracy, and Constitutional Political Economy in the New Gilded Age: Towards a Fourth Wave of Legal Realism?, 94 Tex. L. Rev. __ (forthcoming 2016)

What is the role of the constitution and constitutionalism in the current debate over economic inequality? Drawing on Progressive Era political thought, especially reinterpreting the dawn of the legal realist movement, this paper offers a moral framework for conceptualizing today’s inequality crisis...Read More

Jocelyn Simonson
Assistant Professor of Law

Brooklyn Law School - Assistant Professor Jocelyn Simonson

Copwatching, 104 Cal. L. Rev. 391 (2016)

This article explores the phenomenon of organized copwatching - groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police...Read More

Lawrence Solan
Don Forchelli Professor of Law and Director of Graduate Education

Brooklyn Law School - Professor Larry Solan

Speaking of Language and Law: Conversations on the Work of Peter Tiersma, with J. Ainsworth & R. Shuy, eds. (Oxford University Press, 2015)

A selection of Peter Tiersma's most influential publications on language and law, with substantive commentary by leading scholars…Read More

Alex Stein
Professor of Law

Brooklyn Law School - Professor Alex Stein

Constitutional Retroactivity in Criminal Procedure, 91 Wash. L. Rev. 463 (2016) (with Dov Fox)

The “watershed” doctrine gives prisoners a constitutional basis to reopen their cases based on a new due process protection that would have made a difference had it been announced before their appeals were exhausted. The Supreme Court has imposed nearly impossible conditions, however, for any new rule of criminal procedure to apply retroactively...Read More

Nelson Tebbe
Professor of Law

Brooklyn Law School - Professor Nelson Tebbe

Is the Constitution Special?, 101 Cornell L. Rev. 701 (2016) (with Christopher Serkin)

“[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today...Read More