30 AUTUMN 2002
New Faculty Five important legal scholars join NYU Law’s full-time faculty this year.
Professor Jennifer Arlen Jennifer Arlen, who recently joined the NYU Law faculty, teaches corporations, securities fraud litigation, and a seminar on business crime. An economist and a lawyer by training, Professor Arlen uses economic analysis (theoretical, empirical, and experimental) to explore how to best use legal rules to deter corporate wrongdoing. The issues she has explored include securities fraud, corporate crime, and malpractice liability of managed care organizations. Professor Arlen also writes about behavioral law and economics, focusing on how people behave within organizations. Professor Arlen was the Ivadelle and Theodore Johnson Professor of Law and Business at the University of Southern California Law School (USC), where she taught from 1993 to 2002, and was a founding director of the USC Center in Law, Economics, and Organization. She has been a Visiting Professor
currently the editor of “Experimental and Empirical Studies” series on the Legal Scholarship Network and is on the editorial board of the prestigious International Review of Law and Economics. Professor Arlen began her teaching career at Emory University School of Law as an assistant professor in 1987, after clerking for the Honorable Phyllis Kravitch of the U.S. Court of Appeals for the Eleventh Circuit. Her numerous publications include, most recently, “Designing Mechanisms to Govern Takeover Defenses: Private Contracting, Legal Intervention, and Unforeseen Contingencies,” in the University of Chicago Law Review (2002); “Endowment Effects Within Corporate Agency Relationships,” in the Journal of Legal Studies (with Matt Spitzer and Eric Talley, 2002); “Regulating Corporate Criminal Sentencing: Federal Guidelines and the Sentencing of Public Firms,” in the Journal of Law and Economics (with Cindy Alexander and Mark Cohen, 1999);
An economist and a lawyer by training, Professor Arlen uses economic analysis (theoretical, empirical, and experimental) to explore how best to use legal rules to deter corporate wrongdoing. The issues she has explored include securities fraud, corporate crime, and malpractice liability of managed care organizations. She also writes about behavioral law and economics, focusing on how people behave within organizations. of Law at Yale Law School and the California Institute of Technology, and has been an Olin Fellow at Boalt Hall School of Law, at the University of California, Berkeley. She has served on the Board of Directors of the American Law and Economics Association, and has chaired the Remedies, Torts, and Law and Economics sections of the Association of American Law Schools. She is
and “Controlling Corporate Misconduct: An Analysis of Corporate Liability Regimes,” in the NYU Law Review (with Reinier Kraakman, 1997). Arlen graduated magna cum laude from Harvard University with a B.A. in economics in 1982, and received both her J.D. degree (1986, Order of the Coif) and her Ph.D. in Economics (1992) from NYU.
Professor Jennifer Arlen and Assistant Professor Rachel Barkow
Assistant Professor Rachel Barkow Rachel Barkow, who has been an associate at the Washington, D.C., firm of Kellogg, Huber, Hansen, Todd & Evans since 1998, will join NYU Law’s faculty this Fall. At her law firm, she focused on telecommunications and administrative law issues in proceedings before the Federal Communications Commission, state regulatory agencies, and federal and state courts. She took a leave from the firm during 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center. Her main academic interests are administrative and criminal law, and she is especially interested in how the lessons of administrative law can be applied to the administration of criminal justice. Barkow’s most recent publication is “More Supreme than Court: The Fall of the Political Question Doctrine and the Rise of Judicial Supremacy,” which appeared in the Columbia Law Review (2002). She is currently working on an article that examines the relationship of the Federal Sentencing Guidelines to the Jury Guarantee. Professor Barkow is also beginning a book that traces the development of separation of powers doctrine at the Supreme Court and the relationship of that doctrine to theories of individual rights and court competency. When asked why she chose to come to NYU Law, Barkow remarked, “What attracted me to NYU Law, in addition to the fantastic faculty and student body, is the school’s dynamism and energy. There are so many speakers and workshops and events, with so many different and engaging perspectives being aired. And it’s wonderful to see such a high level of interest from both the students and the faculty. The