Faculty in the Media

Brooklyn Law School Faculty in the News

January 2017

Mary Ellen FullertonProfessor Maryellen Fullerton, an expert on asylum and refugee law, was recently a guest of a pair of BBC News programs: World Have Your Say and Newshour. On both programs, Fullerton discussed the president’s executive orders and policies on immigration and refugees, and his plan to build a wall on the U.S. border with Mexico.

“Enforcement at the southern border is better now than it’s been for 45 years,” Fullerton said. “So the concern about having an insecure southern border is one that’s really not based on facts.”

Fullerton is a frequent speaker across the United States and in Europe. A prolific scholar, her most recent works include two co-authored casebooks, Forced Migration: Law and Policy and Immigration and Citizenship Law: Process and Policy, which are used by more than 100 law schools and universities throughout the United States. She is one of the founding editors of the Refugee Law Reader, a comprehensive online resource available in English, Spanish, French, and Russian for the rapidly evolving field of international refugee law. In addition, she headed several human rights missions in Germany for Human Rights Watch. She has been a consultant for the United Nations High Commissioner for Refugees, and has been active in projects providing support to Refugee Law Programs in Eastern Europe and Latin America.

Brooklyn Law School - Arthur PintoProfessor Arthur Pinto was quoted in the Jan. 11 Crain’s article “Cuomo remakes the state's highest court” on the governor’s overhaul of the New York Court of Appeals. With a judge’s recent retirement, Cuomo’s pick to fill the vacancy could tip the scales against employers in closely divided cases.

Cuomo is “very cognizant of gender and ethnic diversity," Pinto said. "The thing is, none of them strike me as coming from a strong business litigation background." Pinto also pointed out that the Court of Appeals has historically been "very protective" of New York's employment-at-will doctrine.

Pinto is co-director of The Dennis J. Block Center for the Study of International Business Law. He teaches Agency and Partnership, Contracts, Comparative Corporate Governance, Corporate Law and Corporate Finance. His area of expertise is in United States and comparative corporate law, which he has explored in his writings and having served several times as the National Reporter for the Congress of the International Academy of Comparative Law. He has been a frequent visiting lecturer on American corporate and securities law at LUISS University in Rome.

Brooklyn Law School - Sabeel RahmanProfessor K. Sabeel Rahman was quoted in the The New York Times Jan. 10 on how corporate consolidations may be handled by the incoming Trump administration.

“So far the pattern seems to be a pretty traditional deregulatory agenda, which is at odds with the campaign but not at odds with the Republican Party,” Rahman said. “So I’m pretty skeptical that there will be an aggressive push on these issues.”

Rahman’s new book, Democracy Against Domination, was published by Oxford University Press last fall. At the Law School, Rahman teaches administrative law and constitutional law. His academic research focuses on the law, institutional structure, and democratic participation in the financial and economic regulatory processes. He is a Four Freedoms Center Fellow at the Roosevelt Institute and a Fellow at New America.

David ReissProfessor David Reiss was heavily quoted in the Jan. 9 Politico article, “Selling his empire would cost Trump money. A lot of it.”

The article examines the myriad legal and ethical dilemmas facing the president-elect in relation to his current business interests. Chief among these is Trump’s real estate empire. Unloading this empire would be a time-consuming and complicated process – and potentially very costly.

“He has to make a choice,” Reiss said. “How much pain is he willing to take?”

Reiss is a frequently quoted expert on legal developments in the real estate finance sector. Reporters and practitioners also rely on Reiss’s popular REFinBlog, which offers a daily roundup of developments in the law and practices related to the real estate finance industry. Reiss teaches real estate courses and is the founding director of the Community Development Clinic. He is the Research Director of the Center for Urban Business Entrepreneurship (CUBE).

Stacy CaplowProfessor Stacy Caplow’s op-ed advocating executive pardons for currently law-abiding immigrants appeared in The Miami Herald on Jan. 8.

Caplow writes that the president-elect’s threat to deport non-citizens who have past criminal records “reinforces the menacing trope of the ‘criminal alien’ without paying attention to the significant number of people with criminal records whose deportation would be a great injustice to their families and ignore their successful rehabilitation.”  
Because executive pardons require no legislative action, Caplow argues that the president has a straightforward means to address large-scale injustice. She suggests the United States adopt a system, similar to those used in Canada and New Zealand, that assigns points to lawful permanent residents at risk of deportation that take into account relevant factors such as the individual’s contributions to society, ties to the community, and special health circumstances.

She also cited the work by students in the Brooklyn Law School Safe Harbor Project, which she co-directs, to submit pardon applications to Governor Andrew Cuomo.

Caplow is a leader in the field of clinical legal education. She is Brooklyn Law School’s first dean overseeing all aspects of clinical and experiential education. She also serves as co-director of the new Center for Criminal Justice and teaches criminal law and immigration law.

Rebecca KysarProfessor Rebecca Kysar’s op-ed “Is Trump’s Tariff Plan Constitutional?” appeared in the Jan. 3 New York Times. Kysar examines why President-elect Trump’s plan to impose a 5 to 10 percent tariff on imports through an executive order may not be constitutional.

Kysar explains that the proper path to imposing tariffs begins with Congress, particularly in the House of Representatives through the Origination Clause.

“The founders thought about this issue a lot,” Kysar writes. “After all, taxes, as every grade schooler knows, fueled the colonies’ push for independence. So they wrote the Constitution, and its Origination Clause, to give the taxing power to the part of government that is closest to the people, thereby protecting against arbitrary and onerous taxation.”

Kysar suggests the president-elect could still ensure his desired outcome by pushing for a “border adjustment tax,” a proposal already being considered in the House as part of comprehensive tax reform.

Her op-ed “Republicans’ Dangerous Tax Reform Plan” appeared in Slate on Jan. 5.

Kysar’s extensive scholarship examines tax treaties as well as the tax legislative process and has appeared in the Cornell Law Review, the Iowa Law Review, the Notre Dame Law Review, the University of Pennsylvania Law Review, the Washington University Law Review, and the Yale Journal of International Law.

At Brooklyn Law School, Kysar teaches and researches in the areas of federal income tax, international tax, and the federal budget and tax legislative processes.