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Professor Nicholas Kahn-Fogel joined Penn State Dickinson Law after serving as the Distinguished Professor in Constitutional Law at the University of Arkansas at Little Rock William H. Bowen School of Law. Prior to Bowen, he taught at the University of Zambia School of Law.
Professor Kahn-Fogel’s scholarship focuses on comparative law and criminal procedure, and he is also a co-author of the casebook Basic Tort Law: Cases, Statutes, and Problems. Professor Kahn-Fogel’s recent articles have been published or are forthcoming in the UC Irvine Law Review, the St. John’s Law Review, the Florida Law Review, the Houston Law Review, the Harvard Journal of Law and Public Policy, and the Cornell Journal of Law and Public Policy. His work has been cited by practitioners and scholars, the leading treatise on American criminal procedure, the leading treatise on the Fourth Amendment, popular media, 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.
Professor Kahn-Fogel has served on the editorial board of the Zambia Law Journal and on the editorial board of the Case Commentary Unit of the Southern African Institute for Policy and Research. He also served as the chair of the board of the Center for Arkansas Legal Services.
Professor Kahn-Fogel is licensed to practice law in New York. In his spare time, he enjoys cooking unhealthy food, jogging slowly, and playing vigorous, mediocre tennis.
Nicholas A. Kahn-Fogel, The Benefits of the Property-Rights Baseline in Fourth Amendment Decisionmaking (working paper)
Nicholas A. Kahn-Fogel, “(Re)defining ‘Unnecessary Suggestion’ in Evaluating Due Process Challenges to the Admission of Eyewitness Evidence,” 15 UC Irvine Law Review __ (forthcoming 2024)
Arthur Best, Jake Barnes, & Nicholas Kahn-Fogel, Advanced and Business Tort Law (2024)
Nicholas A. Kahn-Fogel, “Power, Responsibility, and Judicial Deference to Police Expertise in Fourth Amendment Decision-making,” 97 St. John’s Law Review __ (forthcoming)
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. 2022)
Nicholas A. Kahn-Fogel, “Probabilistic Presumptions in Fourth Amendment Decision-making,” 59 Houston Law Review 313 (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)
