Nicholas Kahn-Fogel

Distinguished Professor in Constitutional Law
BA, 1999, Cornell University; JD, 2004, Stanford Law School
Room 527 | Phone: 501-916-5429 | Email
Assistant:  Room 524 | Phone: 501-916-5440

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Professor 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 articles have been published or are forthcoming in the Florida Law Review, the Houston Law Review, the Harvard Journal of Law and Public Policy, the Cornell Journal of Law and Public Policy, and the Kentucky Law Journal. Professor Kahn-Fogel’s work has 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 Iowa, Kentucky, New Mexico, Oregon, Utah, and Vermont. The National Association of Criminal Defense Lawyers has recognized his work on eyewitness identification as “must read” scholarship. He won the 2016 Bowen Dean’s Award for Excellence in Scholarship and the 2020 Faculty Excellence Award for Research or Creative Endeavors.

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 the chair 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, Standing in the Shadows of the New Fourth Amendment Traditionalism, Florida Law Review (forthcoming 2022)

Arthur Best, Jake Barnes, & Nicholas Kahn-Fogel, Basic Tort Law: Cases, Statutes, and Problems (6th ed. forthcoming 2021)

Nicholas A. Kahn-Fogel, Probabilistic Presumptions in Fourth Amendment Decisionmaking, 59 Houston Law Review __ (forthcoming 2021)

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 2021)

Nicholas A. Kahn-Fogel, Property, Privacy, and Justice Gorsuch’s Expansive Fourth Amendment Originalism, 43 Harvard Journal of Law & Public Policy 425 (2020)

Nicholas A. Kahn-Fogel, Katz, Carpenter, and Classical Conservatism, 29 Cornell Journal of Law & Public Policy 95 (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)

Arthur Best, Jake Barnes, & Nicholas Kahn-Fogel, Basic Tort Law: Cases, Statutes, and Problems (4th ed. 2014)

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