Nicholas Kahn-Fogel

Associate Professor of Law
BA, 1999, Cornell University; JD, 2004, Stanford Law School
Room 527 | Phone: 501-916-5429 |Email
Assistant: Jennifer Maxwell | Room 524 | Phone: 501-916-5440 |Email

    Professor's SSRN page     Bowen Law Scholarship Repository     Professor's HEIN Profile

Nicholas Kahn-Fogel first joined Bowen as a visiting professor in 2008. From 2006-2008, he taught at the University of Zambia School of Law. He returned to Zambia from 2010-2011 as a Bowen Research Fellow, focusing on access to justice issues and on the interaction of colonial law and indigenous custom in Africa. At Bowen, Professor Kahn-Fogel teaches Comparative Law, Criminal Procedure-Pretrial, Sales, and Torts.

Professor Kahn-Fogel’s scholarship focuses on comparative law and criminal procedure. His recent work has appeared in the Cornell Journal of Law and Public Policy, the Kentucky Law Journal, and the University of Pennsylvania Journal of International Law. Professor Kahn-Fogel’s articles have been cited by practitioners and scholars, the leading treatise on American criminal procedure, the leading treatise on the Fourth Amendment, popular media, reports by leading international NGOs, a report by the British government’s Department for International Development, the Supreme Court of the Philippines, and the supreme courts of Kentucky, Oregon, and Vermont. The National Association of Criminal Defense Lawyers has recognized his work on eyewitness identification as “must read” scholarship. He has been a recipient of the Bowen Dean’s Award for excellence in scholarship.

Professor Kahn-Fogel has served on the editorial board of the Zambia Law Journal, and he currently serves on the editorial board of the Case Commentary Unit of the Southern African Institute for Policy and Research. Professor Kahn-Fogel is also a member of the board of the Center for Arkansas Legal Services. He is licensed to practice law in New York. In his spare time, Nick enjoys cooking unhealthy food, jogging slowly, and playing vigorous, mediocre tennis.

Publications and papers

Nicholas A. Kahn-Fogel, Katz, Carpenter, and Classical Conservatism, Cornell Journal of Law and Public Policy (forthcoming 2019).

Nicholas A. Kahn-Fogel, African Law and the Rights of Sexual Minorities: Western Universalism and African Resistance, in Handbook on African Law (Muna Ndulo & Cosmas Emeziem, eds., Routledge, forthcoming 2019).

Nicholas A. Kahn-Fogel, The Benefits of Using Investigative Legislation to Interpret the Fourth Amendment: A Response to Orin Kerr, 9 Alabama Civil Rights & Civil Liberties Law Review 379 (2018).

Arthur Best, Jake Barnes, & Nicholas Kahn-Fogel, Basic Tort Law: Cases, Statutes, and Problems (5th ed. 2018).

Nicholas A. Kahn-Fogel, An Examination of the Coherence of Fourth Amendment Jurisprudence, 26 Cornell Journal of Law & Public Policy 275 (2016)

Nicholas A. Kahn-Fogel, The Promises and Pitfalls of State Eyewitness Identification Reforms, 104 Kentucky Law Journal 99 (2015).

Nicholas A. Kahn-Fogel, Western Universalism and African Homosexualities, 15 Oregon Review of International Law 315 (2013).

Nicholas A. Kahn-Fogel, The Troubling Shortage of African Lawyers: Examination of a Continental Crisis Using Zambia as a Case Study, 33 University of Pennsylvania Journal of International Law 719 (2012).

Nicholas A. Kahn-Fogel, Manson and its Progeny: An Empirical Analysis of American Eyewitness Law, 3 Alabama Civil Rights & Civil Liberties Law Review 175 (2012).

Nicholas A. Kahn-Fogel, Errors in Eyewitness Evidence, National Law Journal, Sept. 26, 2011.

Nicholas A. Kahn-Fogel, Hanging in the Balance: Health, Dogma, and the Debate over Malpractice Reform, 102 Journal of the National Medical Association 254 (2010).

Nicholas A. Kahn-Fogel, Beyond Manson and Lukolongo: A Critique of American and Zambian Eyewitness Law with Recommendations for Reform in the Developing World, 20 Florida Journal of International Law 279 (2008).


Professor Kahn-Fogel’s Scholarship and Service

  • Defense Attorneys Applaud Kahn-Fogel Article
    Professor Nick Kahn-Fogel’s article, “Manson and Its Progeny: An Empirical Analysis of Eyewitness Law,” published recently in the Alabama Civil Rights & Civil Liberties Law Review, was selected as a “must read” by the National Association of Criminal Defense Lawyers (NACDL) and the Academic Advisory Board of the Getting Scholarship into Court Project.  
  • Kahn-Fogel Paper Listed in SSRN Top Ten
    Professor Nicholas Kahn-Fogel’s paper, “Manson and its Progeny: An Empirical Analysis of American Eyewitness Law,” was recently listed on SSRN’s Top Ten download list for the Empirical Studies eJournal.