Research and Teaching Areas
Foreign Relations; Constitutional Law & Theory; National Security; Federal Courts; Legal Ethics & Professional Responsibility
Andrew Kent teaches and writes about constitutional law, foreign relations law, federal courts and procedure, national security law, public international law, professional responsibility and legal ethics. He received the Dean’s Distinguished Research Award (2016-17) for his scholarship.
After graduating from Yale Law School, Professor Kent clerked for the Hon. Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit and the Hon. Carol B. Amon of the U.S. District Court for the Eastern District of New York. Before joining Fordham’s faculty, he was a Climenko Fellow at Harvard Law School and an attorney at both Sullivan & Cromwell and WilmerHale.
From 2014-2015, Professor Kent served as Senior Counsel to the Solicitor General, State of New York, Office of the Attorney General.
Kent is a member of the New York City Bar’s Professional Responsibility Committee. He provides appellate representation to the indigent as a member of the Pro Bono Panel of the U.S. Court of Appeals for the Second Circuit.
Congressional Testimony on Puerto Rico Bankruptcy Bill.
- “Faithful Execution” and Article II, Harvard Law Review (forthcoming 2019) (with Ethan Leib and Jed Shugerman)
- Congress and Federal Law Enforcement Independence, 52 University of California at Davis Law Review (forthcoming 2018)
- Piracy, the Law of Nations, and the Limits of Due Process, 39 Michigan Journal of International Law (forthcoming 2018)
- The Jury and Empire: The Insular Cases and the Anti-Jury Movement in the Gilded Age and Progressive Era, 91 Southern California Law Review 375 (2018)
- Executive Power and National Security Power (with Julian D. Mortensen), in The Cambridge Companion to the United States Constitution, edited by J.W. Compton and K. Orren, Cambridge University Press (2018)
- The Rebel Soldier Who Became Chief Justice of the United States: The Civil War and its Legacy for Edward Douglass White of Louisiana, 56 American Journal of Legal History 209 (2016).
- Disappearing Legal Black Holes and Converging Domains: Changing Individual Rights Protection in National Security and Foreign Affairs, 115 Columbia Law Review 1029 (2015)
- Are Damages Different?: Bivens and National Security, 87 Southern California Law Review 1123 (2014)
- The New Originalism and the Foreign Affairs Constitution, 82 Fordham Law Review 757 (2013) (symposium contribution)
- Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex parte Quirin, the Nazi Saboteur Case, 66 Vanderbilt Law Review 153 (2013)
- Boumediene, Munaf and the Court's Misreading of the Insular Cases, 97 Iowa Law Review 101 (2011)
- The Constitution and the Laws of War During the Civil War, 85 Notre Dame Law Review (2010)
- A Textual and Historical Case Against a Global Constitution, 95 Georgetown Law Journal 463 (2007)
- Congress’s Under-Appreciated Power to Define and Punish Offenses Against the Law of Nations, 85 Texas Law Review 843 (2007)
- JD, Yale Law School
- AB, Harvard College