Brian D. Feinstein

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

Contact Information

  • office Address:

    660 Jon M. Huntsman Hall

Research Interests: financial regulation, administrative law, agency design, empirical legal studies

Links: CV, SSRN page

Overview

Brian D. Feinstein examines how the design of, and distribution of power within, financial regulators and other government agencies that regulate business affect outcomes.  A political scientist and lawyer by training, Dr. Feinstein’s research incorporates insights from administrative law and the social sciences. His scholarship has been published in the Columbia Law ReviewJournal of Empirical Legal Studies, Journal of Financial Regulation, and University of Pennsylvania Law Review, among other journals, and has been featured in the New York Times, Wall Street Journal, and other national publications.

Before joining Wharton, Dr. Feinstein was a Bigelow Fellow at the University of Chicago Law School. Prior to entering academia, he practiced law at a leading Washington law firm, 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.

Professor Feinstein received a J.D. from Harvard Law School, Ph.D. in Government from Harvard University, and B.A. in Economics and Political Science from Brown University.

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Research

Submerged Independent Agencies, University of Pennsylvania Law Review, forthcoming (with Jennifer Nou)

Divided Agencies, 95 Southern California Law Review 101 (2022) (with Abby Wood)

Identity-Conscious Administrative Law, 90 George Washington Law Review 1 (2022)

The Contingent Origins of Financial Regulation, 99 Washington University Law Review 145 (2021) (with Peter Conti-Brown)

The Impact of Cryptocurrency Regulation on Trading Markets, 7 Journal of Financial Regulation 48 (2021) (with Kevin Werbach)

Congress’s Commissioners, 38 Yale Journal on Regulation 175 (2021) (with Todd Henderson)

Outside Advisers Inside Agencies, 108 Georgetown Law Journal 1139 (forthcoming, 2020) (with Daniel Hemel)

Judging Judicial Foreclosure 15 Journal of Empirical Legal Studies 406 (2018)

Partisan Balance with Bite, 118 Columbia Law Review 9 (2018) (with Daniel Hemel)

Congress in the Administrative State, 95 Washington University Law Review 1189 (2018)

Designing Executive Agencies for Congressional Control, 69 Administrative Law Review 259 (2017)

Congressional Government Rebooted: Randomized Committee Assignments & Legislative Capacity, 7 Harvard Law & Policy Rev. 601 (2013)

Avoiding Oversight: Legislator Preferences & Congressional Monitoring of the Administrative State, 8 Journal of Law, Economics & Policy 23 (2011)

Community Benefits Agreements with Transit Agencies: A Legal Strategy for Addressing Gentrification, 38 Transportation Law Journal 85 (2011) (with Ashley Allen)

The Dynasty Advantage: Family Ties in Congressional Elections, 35 Legislative Studies Quarterly 571 (2010)

Congressional Parties and Civil Rights Politics, 72 Journal of Politics 672 (2010) (with Eric Schickler and Kathryn Pearson)

Platforms and Partners: The Civil Rights Realignment Reconsidered, 22 Studies in American Political Development 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
  • Wharton Teaching Excellence Award, AY 2021, AY 2020, 2020-2022

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In the News

Why Regulation Won’t Harm Cryptocurrencies

Measures that protect investors and weed out bad actors will boost confidence in cryptocurrencies and help the industry to grow, according to Wharton’s Brian Feinstein and Kevin Werbach.Read More

Knowledge at Wharton - 4/27/2021
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