Emily Berman’s scholarship examines the unique separation-of-powers challenges that arise in the constitutional, statutory, and regulatory regimes governing national-security policy. She focuses in particular on ways to impose traditional conceptions of government oversight—such as checks and balances and democratic accountability—on law enforcement and intelligence operations, where such oversight is frequently absent.
Prior to joining the University of Houston Law Center faculty in the fall of 2014, she taught for two years as a visiting assistant professor at Brooklyn Law School. She previously was a Furman Fellow and Brennan Center Fellow at New York University School of Law and held positions as counsel and Katz Fellow at the Brennan Center, where she developed policy recommendations, drafted reports, and engaged in advocacy regarding U.S. national security policy and its impact on civil liberties. After graduating from law school, Berman clerked for the Hon. John M. Walker, Jr. of the Second Circuit Court of Appeals. Berman’s work has been published in top journals, such as the Minnesota Law Review, the Fordham Law Review, the Indiana Law Journal, and the New York University Law Review.