Brian Foley

Employee Photo

Title/Position

Professor of Law

Department

Faculty

E-mail Address

Phone Number

(904) 256-1162

Room

495

Building

Baypine

BACKGROUND

Professor Foley has practiced civil and criminal litigation and clerked for a federal trial court judge. He has taught several courses across the law school curriculum and focuses on criminal and civil procedure, criminal law, and evidence. He has published scholarship in criminal law and procedure, evidence, sentencing, anti-terrorism law, and the law of war (jus ad bellum). He is the co-creator and co-organizer of conferences on Applied Legal Storytelling (2011, 2009, and 2007) and has pioneered teaching law students and lawyers how to use storytelling techniques as a method of persuasion in brief writing. He is co-counsel in pro bono litigation seeking to have life-without-possibility-of-parole sentences declared unconstitutional when applied to juveniles.   Professor Foley has rejoined the FCSL faculty after teaching as a visiting associate professor at Boston University School of Law (2008-10) and Earle Mack School of Law at Drexel University (2007-08), where the following year he was chosen by the students in the first graduating class to win the teaching award.

EXPERTISE

  • Criminal Law
  • Criminal Procedure
  • Evidence
  • Civil Procedure
  • Sentencing

EDUCATION

  • Dartmouth College A.B., cum laude, Honors in English Major 1987
  • Boalt Hall School of Law, University of California, Berkeley J.D., 1993,Associate Editor, California Law Review

TEACHING & SCHOLARSHIP

Florida Coastal School of Law, Jacksonville, FL
Associate Professor of Law (2007-2008; 2010-present)
Assistant Professor of Law (2004-2007)
Courses: Advanced Criminal Procedure, Civil Procedure, Criminal Law, Criminal Procedure, Evidence, Federal Courts (co-taught half semester when colleague became ill)
Committees: Academic Standards, Admissions
 
Boston University School of Law, Boston, MA
Visiting Associate Professor of Law (2008-2010)
Courses: Evidence, Criminal Sentencing, Criminal Procedure (Adjudications), Professional Responsibility
 
Drexel University College of Law, Philadelphia, PA
Visiting Associate Professor of Law (2007-2008)
Courses: Criminal Procedure (Investigation), Evidence
Received Drexel Law teaching award at inaugural commencement in May, 2009
 
Touro College Law Center, Huntington, NY
Visiting Associate Professor of Law (2003- 2004)
Courses: Business Associations I and II, Civil Procedure I and II
 
Widener University School of Law, Wilmington, DE
Legal Methods Professor (1999-2003)
Director of CLE Programs (2000-2001)
Courses:  Legal Methods (I, II, & III), Advanced Brief Writing, Property II
Committees: Admissions, Curriculum, Faculty Development

Rutgers School of Law, Camden, Camden, NJ
Legal Writing Professor (1997-1999)
Courses:  Legal Research and Writing I and II (Moot Court)
Summer Teaching at Rutgers:  Evidence (2009), Criminal Procedure (Investigation) (2008), Advanced Brief Writing (1999 & 2000)

PROFESSIONAL ACTIVITIES

  • Pro bono litigation arguing against constitutionality of sentencing juveniles to life without possibility of parole
  • Member, Pennsylvania Bar

PUBLICATIONS

BOOKS

Book Chapters:

  • Reforming the Security Council to Achieve Collective Security, in Progress in International Law (Martinus Nijhoff 2008) (invited, peer reviewed) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=120288
  • M.G. Piety & Brian J. Foley, Their Morals Are Ours, in Leading to The 2003 Iraq War: The Global Media Debate (2006)

 LAW REVIEW ARTICLES

  • Policing from the Gut: Anti-Intellectualism in American Criminal Procedure, 69 Maryland L. Rev. 261 (2010)
  • The Mass Incarceration Crisis as an Opportunity to Rethink Blame, 9 Conn. Pub. Int. L. J. 1 (2009-10) (invited – symposium) (lead article)
  • Until We Fix the Labs and Fund Criminal Defendants: Fighting Bad Science With Storytelling, 43 Tulsa L. Rev. 397 (2007) (invited – symposium)
  • Applied Legal Storytelling, Politics, and Factual Realism, 14 Leg. Writ. 17 (2008) (symposium issue for July, 2007 conference in London that I co-organized) (lead article)
  • Connie de la Vega & Michelle Leighton, Sentencing Our Children to Die in Prison: Global Law and Practice, 42 U.S.F L. Rev. 984 (2008) (co-authored Appendix of 50-state survey of juvenile life without parole sentencing law)
  • Guantanamo and Beyond: Dangers of Rigging the Rules, 97 J. Crim. L. & Criminology 1009 (2007)
  • Avoiding a Death Dance: Adding Steps to the International Law on the Use of Force to Improve the Search for Alternatives to Force and Prevent Likely Harms, 29 Brooklyn J. Int’l L. 129 (2003)
  • Brian J. Foley & Ruth Anne Robbins, Fiction 101: A Primer for Lawyers on How to Use Fiction Writing Techniques to Write Persuasive Facts Sections, 32 Rutgers L. J. 459 (2001).  Reprinted: 51 Defense L.J. 149 (2002), Lexis-Nexis distributed to subscribers via email, NITA Litigation Articles (July, 2002) www.nita.org/lexisarticles.htm

OTHER PUBLICATIONS

Conference Papers:

  • Indicted Men and Women Tell No Tales: When Criminal Laws Do Not Let Defendants Tell Their Stories, Proceedings, Emory University School of Law,Feminism and Legal Theory Workshop, Storytelling and the Law: A Retrospective on Narrative, Ethics and Legal Change, October 27-28, 2006
  • Recent (Indecent) Exposures: Impact on International Law of U.S. Policies Toward Iraq and North Korea, Proceedings of the Conference on U.S. Nuclear Policy and Counterproliferation, February 26, 2003 http://www.lawyersagainstthewar.org/legalarticles/foleyexposure.html
  • Avoiding War: Using International Law to Compel a Problem-Solving Approach, Proceedings of the International Symposium on Terrorism and Human Rights, Cairo, Egypt, January, 2002 • Republished as "feature" on the website for The Transnational Foundation for Peace and Future Research, November 5, 2002 http://www.lawyersagainstthewar.org/legalarticles/foley.pdf

Commentary (selected):