Richard R.W. Brooks
Charles Keller Beekman Professor of Law
Jerome Greene Hall, Room 919
435 W. 116th St.
New York NY 10027
Areas of Teaching and Research
- Business Organization
- Agency and Fiduciary Law
- Law, Economics, and Social Practice
- University of Chicago Law School, J.D., 1998
- University of California at Berkeley, Ph.D. (Economics), 1998
- University of California at Berkeley, M.A., 1996
- Cornell University, B.A., 1988
Richard R.W. Brooks joined the
faculty as the Charles Keller Beekman Professor of Law in July 2013. His
scholarship focuses on contracts and agency, among other forms of business and
social organization. Brooks has published numerous books and articles that
analyze behavior through the lens of economics, custom, and law.
His most recent book, Saving the
Neighborhood: Racially Restrictive Covenants, Law, and Social Norms, (coauthored
with Carol Rose) examines the history and enduring legacy of racially
restrictive property agreements (or racial covenants), which the Supreme
Court ruled unenforceable in 1948. Yet despite
this repudiation, racial covenants lived on in real estate records, influencing
the behaviors of lenders, insurers and realtors, as well as the beliefs and
expectations of homebuyers and sellers. Over time the impact of racial
covenants would fade, but their legal and social significance lingered well
beyond 1948. Racial covenants, even
without formal enforcement, were effective signals, creating “common knowledge”
that guided the actions of real estate professionals and ordinary buyers and
sellers in the housing market.
Brooks’ work also includes articles about contract
law and theory, experimental economics, the economics of environmental law, fairness,
and perceptions of the legal system.
Brooks holds a B.A. from Cornell University, an M.A. from the University of
California at Berkeley, a J.D. from The University of Chicago Law School, and a
Ph.D. in economics from the University of California at Berkeley. He was a visiting
professor at the Law School in 2006 and was most recently the Leighton Homer
Surbeck Professor of Law at Yale Law School. He also taught previously at
Northwestern University School of Law and at Cornell University in the
Department of Policy Analysis and Management. Brooks has served as a visiting
researcher at the Center in Law, Economics and Organization at the University
of Southern California Law School; on an advisory committee to the Social,
Behavioral and Economics Sciences Division of the National Science Foundation;
and as a research specialist in the Antitrust Division of the Department of
Articles & Chapters
- Saving the Neighborhood: Racially Restrictive
Covenants, Law, and Social Norms
(with Carol M. Rose) Harvard University Press, 2013.
- Contracts: Cases and Materials (with E. Allan Farnsworth, Carol Sanger, Neil Cohen
& Larry Garvin) Foundation Press, forthcoming, 2013.
- Economics of Environmental Law (Volume I: Theoretical Foundations & Volume II:
Issues and Applications) (with Nathaniel O. Keohane & Douglas A.
Kysar) Edward Elgar Press, 2009.
- Contracts: Cases and Materials (with E. Allan Farnsworth, William F. Young, Carol
Sanger & Neil Cohen) Foundation Press, 2008.
Miscellaneous Publications & Working Papers
- “Racial Covenants and Housing Segregation, Yesterday
and Today," (with Carol Rose) in Race and Real Estate in series
Transgressing Boundaries: Studies in Black Politics and Black Communities
(eds. Cathy Cohen and Fred Harris) Oxford University Press, forthcoming,
- “Framing Contracts: Why Loss Framing Increases
Effort," (with Alexander Stremitzerand Stephan Tontrup) Journal of
Institutional and Theoretical Economics, vol. 168(1), 62, 2012.
- “On and Off Contract Remedies Inducing Cooperative
Investments," (with Alexander Stremitzer) American Law &
Economic Review, vol. 14(2), 488, 2012.
- “Covenants without Courts: Enforcing Residential
Segregation with Legally Unenforceable Agreements," American
Economic Review, vol. 101(3), 360, 2011.
- “Response to Robert Ahdieh's Beyond Individualism in
Law and Economics," Boston University Law Review, vol. 97(1),
- “Beyond Ex Post Expediency: An Ex Ante View of
Rescission and Restitution," (with Alexander Stremitzer) Washington
and Lee Law Review, vol. 68(3), 1171, 2011.
- “Trigger Happy or Gun Shy: An Analysis of Texas
Shoot-outs and other Partnership and Corporate Buy-out Agreements,"
(with Claudia Landeo and Kathryn Spier) Rand Journal of Economics,
vol. 41(4), 649, 2010.
- “Social Science Evidence of Legal Responsibility for
Sexual Violence in Darfur," (with John Hagan & Todd Haugh) Law
& Social Inquiry, vol. 35(4), 881, 2010.
- “Remedies On and Off Contract," (with Alexander
Stremitzer) Yale Law Journal, vol. 120, 2010.
- “The Supermodular Architecture of Diversity,"
(with Valerie Purdie-Vaughns) Harvard Journal on Law and Gender,
vol. 30(2), 379, 2007.
- “The Efficient Performance Hypothesis," Yale
Law Journal, vol. 116(3), 568, 2006.
- “Incorporating Race," Columbia Law Review,
vol. 106(8), 2023, 2006.
- “Diversity and Discontent: The Relationship Between
School Desegregation and Perceptions of Racial Justice," American
Law & Economics Review, vol. 8(2): 410, 2006.
- “Credit Past Due," Columbia Law Review,
vol. 106(4): 994, 2006.
- “Legal Uncertainty, Economic Efficiency, and the
Preliminary Injunction Doctrine," (with Warren Schwartz) Stanford
Law Review, vol. 58(2), 381, 2005.
- “Does Affirmative Action Reduce the Number of Black
Lawyers?" (with Ian Ayres) Stanford Law Review, vol. 57(6),
- Gun Manufacturers in the Crossfire between Litigating
Liability and Legislating Immunity," Journal of Policy Analysis
and Management, vol. 22(3), 467, 2003.
- “Life Terms or Death Sentences: The Uneasy Relationship
Between Judicial Elections and Capital Punishment," (with Steven
Raphael) Journal of Criminal Law & Criminology, vol. 92(3-4),
- “Liability and Organizational Choice," Journal
of Law & Economics, vol. 45(1), 91, 2002.
- “Broken Elevators in the Cathedral: The Burden of
Determining Property Rules & Liability Rules," Northwestern
University Law Review, vol. 97(1), 267, 2002.
- “Race, Income, and Perceptions of the U.S. Court
System," (with Haekyung Jeon-Slaughter) Behavioral Sciences and
the Law, vol. 19, 249, 2001.
- “Fear and Fairness in the City: Criminal Enforcement
and Community Perceptions of Fairness," Southern California Law
Review, vol. 73(6), 1219, 2000.
- “General Motors and Fisher Body: A Response to
'Corporate Finance, the Theory of the Firm, and Organizations,'"
(with Susan Helper) Journal of Economic Perspectives, vol. 14(2),
- “The Air Pollution Permit Process for U.S. and German
Automobile Assembly Plants," (with John Dwyer and Alan Marco) Regulatory
Encounters: Multinational Corporations and American Adversarial Legalism,
The University of California Press, 2000.
- Selections for Contracts (with various co-editors, including Neil Cohen, E.
Allan Farnsworth, Larry Garvin, Carol Sanger & William F. Young) Foundation
Press, 2007- 2012.
- “Compensating Differentials in Gender and Racial Gaps
among Young Lawyers," (with Ian Ayres).
- “Unhappy Winners?: Identifying the Perceptual Effects
of School Desegregation," (with with John Hagan and Kyle Hood).
- “Simple Rules for Simple Courts."
- “Covenants & Conventions: Non-legal Enforcement of
Racial Restrictive Covenants."
- “Make-or-Buy Compliance: Markets for
Pollution-Intensive Activities and Implicit Emissions Trading."
- “Uncertain Breach of Contract and Efficient Preliminary
Remedies," (with Warren Schwartz).