ALI Council
Elected Member

Professor Richard R. W. Brooks

New York, NY
New York University School of Law
Cornell University
University of Chicago Law School

Richard R.W. Brooks is the Emilie M. Bullowa Professor of Law at New York University. He joined the law faculty at NYU in 2018, after holding the Leighton Homer Surbeck Professorship of Law at Yale Law School followed by the Charles Keller Beekman Professorship of Law at Columbia Law School. Brooks’ scholarly approach combines economics, game theory and legal analytical methods from private law fields—such as contract, property, fiduciary and corporate law—to study social organization more broadly.

Brooks has published numerous books and articles that analyze behavior through the lens of economics, custom, and law. His most recent book, Saving the Neighborhood: Racially Restrictive Covenants, Law, and Social Norms, (coauthored with Carol Rose) examines the history and enduring legacy of racially restrictive property agreements (or racial covenants), which the Supreme Court ruled unenforceable in 1948. Yet despite this repudiation, racial covenants lived on in real estate records, influencing the behaviors of lenders, insurers and realtors, as well as the beliefs and expectations of homebuyers and sellers. Over time the impact of racial covenants would fade, but their legal and social significance lingered well beyond 1948. Racial covenants, even without formal enforcement, were effective signals, creating “common knowledge” that guided the actions of real estate professionals and ordinary buyers and sellers in the housing market.

Brooks’ work also includes articles about contract law and theory, experimental economics, the economics of environmental law, fairness, and perceptions of the legal system.

He also taught previously at Northwestern University School of Law and at Cornell University in the Department of Policy Analysis and Management. Brooks has served as a visiting researcher at the Center in Law, Economics and Organization at the University of Southern California Law School; on an advisory committee to the Social, Behavioral and Economics Sciences Division of the National Science Foundation; and as a research specialist in the Antitrust Division of the Department of Justice. He was elected to the American Academy of Arts & Sciences in 2022.

Professor Richard R. W. Brooks Image
Areas of Expertise
Contracts Law
Business Law (Commercial Law)
Economic Torts (Tort Law)