Brian D. Feinstein

Brian D. Feinstein
  • Assistant Professor of Legal Studies & Business Ethics

Contact Information

  • office Address:

    660 Jon M. Huntsman Hall

Research Interests: administrative law, institutional design of regulatory agencies, mortgage finance regulation, empirical legal studies

Links: CV, SSRN page


Brian D. Feinstein examines the structure and function of regulatory agencies and the interplay between these agencies and other institutions. His articles have charted the connections between mortgage finance regulation and state foreclosure law, considered the impact of partisan polarization on regulatory agencies, and shed light on Congress’s use of oversight hearings as a means of influencing agency behavior. A political scientist and lawyer by training, Feinstein’s research incorporates insights from the social sciences and law. His articles have appeared in the Columbia Law Review, Journal of Empirical Legal Studies, and Journal of Politics, among other journals.

Before joining Wharton in 2018, Feinstein was a Bigelow Fellow & Lecturer in Law at the University of Chicago Law School. Prior to entering academia, he practiced law at Arnold & Porter LLP, where he served as outside counsel to the Federal Housing Finance Agency, and clerked for the Honorable John Daniel Tinder of the U.S. Court of Appeals for the Seventh Circuit.

Feinstein received a J.D. from Harvard Law School and a Ph.D. in government from Harvard University. He also earned a B.A. in economics and political science from Brown University.

Continue Reading


Congress’s Commissioners, 31 Yale J. Reg. __ (2021) (with Todd Henderson)


Outside Advisers Inside Agencies __ Georgetown L.J. __ (forthcoming, 2020) (with Daniel Hemel)


Judging Judicial Foreclosure 15 J. Empirical Legal Stud. 406 (2018)


Partisan Balance with Bite, 118 Colum. L. Rev. 9 (2018) (with Daniel Hemel)


Congress in the Administrative State, 95 Wash. U. L. Rev. 1189 (2018)


Designing Executive Agencies for Congressional Control, 69 Admin. L. Rev. 259 (2017)


Congressional Government Rebooted: Randomized Committee Assignments & Legislative Capacity, 7 Harv. L. & Pol’y Rev. 601 (2013)


Avoiding Oversight: Legislator Preferences & Congressional Monitoring of the Administrative State, 8 J.L. Econ. & Pol’y 23 (2011)


Community Benefits Agreements with Transit Agencies: A Legal Strategy for Addressing Gentrification, 38 Transp. L.J. 85 (2011) (with Ashley Allen)


The Dynasty Advantage: Family Ties in Congressional Elections, 35 Leg. Stud. Q. 571 (2010)


Congressional Parties and Civil Rights Politics, 72 J. Pol. 672 (2010) (with Eric Schickler and Kathryn Pearson)


Platforms and Partners: The Civil Rights Realignment Reconsidered, 22 Stud. in Am. Pol. Dev. 1 (2008) (with Eric Schickler)

Awards and Honors

  • Holmes-Cardozo Outstanding Research Award, Academy of Legal Studies in Business Annual Conference, 2019
  • Mack Institute Research Fellowship (joint with Kevin Werbach), 2019


In the News

How States Can Help Police Mortgage-lending Practices

A legal mechanism called judicial foreclosure can help states fill the policy gap left by the federal government’s pullback from regulatory enforcement of mortgage lenders, says Wharton’s Brian Feinstein.

Knowledge @ Wharton - 6/27/2019
All News