Andrew Kent teaches and writes about constitutional law, federal courts and procedure, national security and foreign relations law, and legal ethics. His work—covering topics such as presidential power, U.S colonial governance, the extraterritoriality of the U.S. Constitution, the legal history of the Civil War, and remedies for constitutional torts—has been published leading journals including the Harvard Law Review, Columbia Law Review, Georgetown Law Journal, and the American Journal of Legal History.
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. While in private practice, Kent had a significant pro bono practice, which included freeing an innocent man who had been wrongfully convicted of murder. He continues his pro bono work as a law professor.
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 Fellow at Fordham Law’s Stein Center on Law and Ethics, a Contributing Editor at Lawfare, and has served for a number of years on the New York City Bar’s Committee on Professional Responsibility.
- JD, Yale Law School
- AB, Harvard College
Lessons for Today’s Bivens and Qualified Immunity Debates from Nineteenth Century Officer Tort Litigation, 96 Notre Dame Law Review 1755 (2021)
Fiduciary Law and the Law of Public Office, 62 William & Mary Law Review 1297 (2021) (with Ethan Leib)
Hernandez v. Mesa: Questions Answered and Questions Avoided, American Constitution Society Annual Supreme Court Review, 2019-20 Term, at 189
May Class Counsel Also Represent Lead Plaintiffs?, 72 Florida Law Review 1083 (2020) (with Bruce A. Green)
Faithful Execution and Article II, 321 Harvard Law Review 2111 (2019) (with Ethan Leib and Jed Shugerman)
Congress and Federal Law Enforcement Independence, 52 University of California at Davis Law Review 1927 (2019)
Piracy and Due Process, 39 Michigan Journal of International Law 385 (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)
- Federal Courts
- Constitutional Law
- Foreign Relations Law
- National Security Law
- Advanced Seminar on National Security and Foreign Relations Law
- Professional Responsibility
- The Law of the Presidency
New Jersey Law Journal: Prof. Andrew Kent on Reinstatement of Attorneys Disbarred for Misappropriation
What Happened to Post-Trump Reform?
U.S. Judge Rejects Trump Claim of ‘Absolute Immunity’ from Jan. 6 Lawsuits
What Merrick Garland Said About Jan. 6
Merrick Garland Needs to Speak Up
Professor Andrew Kent Contributes to Amici Curiae Briefs in Jan. 6 Lawsuits
The Model for Fixing the DOJ
Rep. Jamie Raskin on Prosecuting Trump’s Second Impeachment Trial
Joe Biden’s Attorney General Pick Must Insulate DOJ As Hunter, Trump Probes Play Out
Who Will Decide Whether to Investigate Trump?
Fordham Law Establishes John D. Feerick Research Chair
Can Congress Do Anything about Trump’s Abuse of the Pardon Power?
Poor Legal Clients Are Finally Getting a Break in New York
Professor Andrew Kent on Class-Action Coronavirus Lawsuits
Trump Backs Away from ‘Total Authority’ Claim on Reopening Economy
Can Trump Legally Order the Country Back to Work From Coronavirus by Easter?
The 2020 Presidential Candidates Stay (Mostly) Quiet on Law Enforcement Independence
Fordham Law Faculty Talk Impeachment and the Ukraine Scandal
Trump Can’t Stop John Bolton From Testifying
15 Judges Will Rehear Emoluments Case (Podcast)