Fordham Law School Faculty Scholarship Insights and Impact 2022

Fordham Law School Faculty Scholarship - Insights and Impact 2022
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Foreword

Dean Matthew Diller headshot
Dean Matthew Diller
WE ARE AT A MOMENT IN OUR HISTORY when some of the most basic and prevalent assumptions underlying both the national and global legal orders are going through seismic shifts. Multiple trends are bringing about a world in which the outsize influence of the United States on the global stage can no longer be taken for granted. Increasing wealth inequality over time has given rise to urgent calls to reexamine the distribution of burdens and benefits in our economy and society. The U.S. Supreme Court in the last term has cast aside precedents that have long been referred to as settled law—and appears ready to do more.
judge gavel sitting on top of a map of the world
Pamela Bookman smiling for a headshot
Associate Professor of Law

A High-Stakes Convergence in International Law

In “Traveling Judges,” recently published in the American Journal of International Law, Bookman and her co-author, Alyssa King, study the phenomenon of different countries hiring foreign judges—predominantly retired English judges—to sit in domestic courts in jurisdictions such as Hong Kong or Dubai. Bookman and King closely examined such courts and interviewed the “traveling judges” who have served on them. The article provides us with a first close look at the practice of traveling judges and explores its implications.
Scholarship Excerpt
116 American Journal of International Law 477 (2022)
[with Alyssa S. King]
Professor Pamela Bookman is an expert in the fields of Civil Procedure, Contracts, International Litigation and Arbitration, and Conflict of Laws. Her scholarship has appeared in the Stanford Law Review, the Columbia Law Review, the NYU Law Review, the Yale Journal of International Law, and other leading law journals. She was recently elected to membership in the American Law Institute. Prior to entering academia, Bookman was of counsel in the New York office of Wilmer Cutler Pickering Hale & Dorr, where she represented clients in complex commercial business disputes with a focus on transnational litigation and maintained an active pro bono practice.

Bookman received her B.A. in Russian Literature from Yale University and her J.D. from the University of Virginia School of Law, where she served as an articles editor on the Virginia Law Review and received the Rosenbloom Award for enhancing the academic experience of her fellow students. Following law school, she clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit, President Rosalyn Higgins and Judge Thomas Buergenthal of the International Court of Justice, and Justice Ruth Bader Ginsburg of the U.S. Supreme Court.

Tax Reform typography over a close up of Benjamin Franklin on a 100 dollar bill
John R. Brooks smiles for a headshot wearing thick rimmed round glasses, a blue suit and a deep purple and white polka dot tie
Professor of Law

The Open Pathways for Tax Reform

In “Taxation and the Constitution, Reconsidered,” to be published in the Tax Law Review, Brooks and his co-author, David Gamage, contribute to the current debate on progressive tax law reforms. They argue that commonly held concerns about the potential unconstitutionality of wealth taxes are exaggerated and point to multiple viable paths for taxing extreme concentrations of wealth without violating the Constitution.
Scholarship Excerpt
76 Tax Law Review (forthcoming)
Professor John Brooks first arrived to Fordham Law as a visiting professor in 2020 and joined the full-time faculty in September 2022.  Brooks’ research focuses on tax law, public finance, social insurance, and related issues in federal fiscal and budget policy. In addition to contributing to tax and fiscal theory generally, Brooks also focuses on “tax-adjacent” areas of fiscal policy, especially the federal student loan program, and his work seeks to better understand the array of government fiscal tools beyond classic taxing and spending. His work has appeared in the Georgetown Law Journal, the Tax Law Review, the North Carolina Law Review, the Journal of Legal Education, and elsewhere, and he has also written for the New York Times and the Los Angeles Times. He is currently working on a book on “hidden” social welfare spending in the United States, under contract with Yale University Press. He consults regularly on both tax and student loan topics with legislators, lawyers, and advocates.

Prior to joining Fordham Law, Brooks spent 10 years on the faculty of Georgetown University Law Center. Before that, he was a Climenko Fellow and Lecturer on Law at Harvard Law School, an associate in the tax department of Ropes & Gray in Boston, and a clerk for Judge Norhan H. Stahl of the U.S. Court of Appeals for the First Circuit. Brooks earned an A.B. from Harvard College and a J.D. from Harvard Law School, where he was an Olin Fellow in Law & Economics and was awarded the Sidney I. Roberts Prize for the best paper on taxation.

flag, gavel, and stethoscope laying on granite
Julie Suk

Professor of Law

A Reimagining of Abortion Access

In “A World Without Roe: The Constitutional Future of Unwanted Pregnancy,” to be published in William and Mary Law Review, Suk argues that access to abortion can survive in a world without protections previously provided in Roe v. Wade. She shows us how access to abortion can become safe, legal, and free by drawing on different ways in which abortion protections have evolved in the world outside the United States over time.

Scholarship Excerpt

65 William & Mary Law Review 443 (2022)

Professor Julie Suk joined the faculty of Fordham Law in Fall 2021. Suk is an interdisciplinary legal scholar, focusing on women as constitution-makers at the intersection of law, history, sociology, and politics. Her broader research interests include constitutional and social change; antidiscrimination law and its effects on social inequality; women, work, and family; civil litigation as an enforcement mechanism for public law; access to justice, including the past and future role of nonlawyers in solving the civil justice problems of poor and middle-income people; social, political, and legal theory; and law and literature.

Her 2020 book, We the Women: The Unstoppable Mothers of the Equal Rights Amendment, is the first and only book to chronicle and assess the 21st-century revival of the Equal Rights Amendment, which culminated in Virginia’s ratification in 2020. Telling the stories of the forgotten women lawmakers and lawyers who shaped the ERA over a century, We the Women shows how the ERA can modernize the U.S. Constitution to make it more inclusive and responsive to 21st-century concerns. She is a frequent commentator in the media on legal issues affecting women, including the New York Times, the Washington Post, the Los Angeles Times, Boston Review, Bloomberg Law, Vox, and CBS News.

Suk has taught at the law schools of Yeshiva University (Cardozo Law), Harvard, Columbia, University of Chicago, and UCLA. She has lectured widely in the United States and Europe and has been a visiting fellow at the European University Institute in Florence and LUISS-Guido Carli in Rome. She has a J.D. from Yale Law School, where she studied on a Paul & Daisy Soros Fellowship for New Americans, and a D.Phil. in Politics from Oxford University, where she held a Marshall Scholarship.