Faculty Scholarship

Faculty Scholarship Highlights

Brooklyn Works Brooklyn Law SSRN

William Araiza
Professor of Law

Brooklyn Law School - Professor William Araiza

Animus: A Short Introduction to Bias in the Law (NYU Press, 2017)

Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court’s condemnation of animus fails to address some serious questions...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. 351 (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

Reconceptualizing the Whistleblower's Dilemma, 50 U.C. Davis L. Rev. 2215 (2017)

This article advances an explanation for the SEC whistleblowing program’s modest “hit rate”; namely, its effect on the probability of criminal sanction...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

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

Associate Professor Heidi K. Brown

The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy, (Ankerwycke 2017)

A stereotype bias exists in law school and legal practice favoring the garrulous extrovert. While loquacious law students, professors, lawyers, and judges thrive in a world dominated by the Socratic Method and rapid-fire oral discourse, quiet thinkers and writers can become sidelined...Read More

Bennett Capers
Stanley A. August Professor of Law

Brooklyn Law School - Professor I. Bennett Capers

Race, Policing, and Technology, 95 N. C. L. Rev. 1241 (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.

Susan Hazeldean
Assistant Professor of Law

Assistant Professor Susan Hazeldean

Anchoring More Than Babies: Children’s Rights After Obergefell v. Hodges, 38 Cardozo L. Rev. 1397 (2017)

The Supreme Court’s recent decision upholding a constitutional right to same-sex marriage in Obergefell v. Hodges was a huge advance not just for LGBT Americans, but also for children. Obergefell suggests children have a fundamental right to be raised by their parents without being demeaned or marginalized by the state. This has important implications for other vulnerable children...Read More

Susan Herman
Centennial Professor of Law

Professor Susan Herman

Constitutional Utopianism, 48 U. Pac. L. Rev. 93 (2016)

A Constitution embodies a society’s chosen ideals and acts upon them by creating a governmental structure believed to be conducive to those ideals. This is what More was offering in Utopia too: the construction of a society—albeit an imaginary society—built on a choice of ideals…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

Christina Mulligan
Associate Professor of Law

Associate Professor Christina Mulligan

Personal Property Servitudes on the Internet of Things, 50 Ga. L. Rev. 1121 (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

Democracy against Domination (Oxford University Press 2017)

In 2008, the collapse of the US financial system plunged the economy into the worst economic downturn since the Great Depression. In its aftermath, the financial crisis pushed to the forefront fundamental moral and institutional questions about how we govern the modern economy...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

Alex Stein
Professor of Law

Brooklyn Law School - Professor Alex Stein

The Domain of Torts, 117 Colum. L. Rev. 535 (2017)

This Article advances a novel positive theory of the law of torts that grows out of a careful reading of the caselaw. My core insight is that the benefit from the harm-causing activity determines the form and substance of tort liability. This finding is both surprising and innovative, since the operation of the doctrines that determine individuals’ liability for accidents — negligence, causation and damage — is universally believed to be driven by harms, not benefits...Read More

Nelson Tebbe
Professor of Law

Brooklyn Law School - Professor Nelson Tebbe

Religious Freedom In An Egalitarian Age (Harvard University Press 2017)

Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now...Read More