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Sudha N. Setty

Associate Dean for Faculty Development & Intellectual Life | Professor of Law
Education: B.A., Stanford University, J.D., Columbia Law School
Courses Taught: Business Organizations , Comparative Constitutional Law, Contracts, Law and Terrorism, Constitutional Law
Office: L 303

Professor Setty's scholarly work focuses on comparative analysis of separation of powers, rule of law and national security issues.  Her recently completed book, National Security Secrecy: Comparative Effects on Democracy and the Rule of Law, will be published by Cambridge University Press in 2017.

Her other recent scholarship has appeared in numerous books and journals, including the Chicago-Kent Law Review, Stanford Journal of International Law, American Journal of Comparative Law and Harvard National Security Journal, and she is the editor of the 2014 book, Constitutions, Security and the Rule of Law.  She currently serves on the editorial board of the Journal of National Security Law and Policy.  Professor Setty has been quoted in stories about national security law in the Los Angeles Times, The Atlantic, National Public Radio, the Christian Science Monitor and numerous other national and local media outlets.  Her most recent scholarly work is available on SSRN

Professor Setty currently teaches Constitutional Law, Law & Terrorism, and Business Organizations.  She was a Visiting Professor at the University of Connecticut School of Law in 2011 and a Fulbright Senior Specialist at the Chinese University of Hong Kong Faculty of Law in 2014.  She was awarded Western New England Law School's Catherine J. Jones Professor of Year Award in both 2009 and 2016, was recognized in 2015 as Trailblazer by the South Asian Bar Association of Connecticut, and received the 2017 Tapping Reeve Legal Educator Award from the Connecticut Bar Association.

Prior to joining the faculty of Western New England, Professor Setty was a litigator with the New York firm of Davis Polk & Wardwell, where she focused on antitrust and securities regulation matters.  She served as defense counsel in civil, regulatory and criminal matters involving national security issues, including terrorism financing investigations and lawsuits, and a pro bono matter challenging sentencing guidelines for those convicted of terrorist acts.  Her pro bono practice also included litigating federal civil rights cases, working on state constitutional challenges to immigration-related ballot initiatives, and the mentoring of New York City high school students.  Professor Setty graduated as a Harlan Fiske Stone Scholar from Columbia Law School and received her A.B. in History (concentration in comparative civil rights) with honors from Stanford University.

View a listing of recent works where Sudha N. Setty is mentioned or quoted




CONSTITUTIONS, SECURITY, AND THE RULE OF LAW (Sudha Setty ed., International Debate Education Association 2014). Digital Commons Cited by

Book Chapters

Sudha Setty, Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in LIBERALIZATION AND GLOBALIZATION: CHANGING LEGAL PARADIGM (Sairam Bhat ed., National Law School of India University Book Series 2017). SSRN LawArXiv

Sudha Setty, Surveillance and the Inversion of Democratic Transparency, in DEMOCRACY AND SECURITY: A HANDBOOK (L. Weinberg and E. Francis eds., forthcoming Routledge 2016).

Sudha Setty, The United States, in COMPARATIVE COUNTER-TERRORISM (Kent Roach ed., Cambridge University Press 2015). SSRN Digital Commons

Sudha Setty, Assessing Unconventional Applications of the "Terrorism" Label, in THE WAR ON TERROR & BEYOND: MOVING FROM MILITARY ACTION TO CIVIL RIGHTS (Satvinder Juss & Clive Walker eds., Univ. of Penn. Press forthcoming). SSRN

Sudha Setty, Formalism and State Secrets, in SECRECY, NATIONAL SECURITY AND THE VINDICATION OF CONSTITUTIONAL LAW (David Cole, Federico Fabbrini & Arianna Vedaschi eds., Edward Elgar Publishing 2013). SSRN Digital Commons Cited by

Sudha Setty, Litigating Secrets: Comparative Perspectives on the State Secrets Privilege in NATIONAL SECURITY, CIVIL LIBERTIES AND THE WAR ON TERROR (M. Katherine B. Darmer & Richard D. Fybe eds., Prometheus Books 2011).

Sudha Setty, Litigating Secrets: Comparative Perspectives on the State Secrets Privilege in STATE SECRETS PRIVILEGE (M. Bhavani ed., Icfai University Press 2009). Cited by

Journal Articles

Sudha Setty, The President's Private Dictionary: How Secret Definitions Undermine Domestic and Transnational Efforts at Executive Branch Accountability, 24 IND. J. GLOBAL LEGAL STUD. 513 (2017). SSRN Digital Commons LawArXiv

Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016). SSRN Digital Commons Cited by

Sudha Setty, Student-Edited Law Reviews Should Continue to Flourish, 32 TOURO L. REV. 235 (2016). SSRN Digital Commons

Sudha Setty, Surveillance, Secrecy, and the Search for Meaningful Accountability, 51 STAN. J. INT'L L. 69 (2015). SSRN Digital Commons Cited by

Sudha Setty and Matthew H. Charity, Introduction: Constitutional Conflict and Development: Perspectives from South Asia and Africa, 28 TEMPLE INT'L & COMP. L.J. 179 (2015) (invited introduction for symposium issue). SSRN Digital Commons

Sudha Setty, Symposium: Preferential Judicial Activism, 17 BERKELEY J. AFR.-AM. L. & POL'Y, & 7 J. OF RACE, GENDER, AND ETHNICITY 151 (2015) (invited symposium submission). SSRN Digital Commons

Sudha Setty, Country Report on Counterterrorism: United States of America, 62 AM. J. COMP. L. 643 (2014). SSRN Digital Commons Cited by

Sudha Setty, U.S National Report on Counterterrorism Law, 36 AM. J. COMP. L. 169 (2014).

Sudha Setty, Targeted Killings and the Interest Convergence Dilemma, 36 W. NEW. ENG. L. REV. 169 (2014). SSRN Digital Commons Cited by

Sudha Setty, Judicial Formalism and the State Secrets Privilege, 38 WM. MITCHELL L. REV. 1629 (2012). SSRN Digital Commons Cited by

Sudha Setty, The Rise of National Security Secrets, 44 CONN. L. REV. 1563 (2012). SSRN Digital Commons Cited by

Sudha Setty, National Security Interest Convergence, 4 HARV. NAT'L. SEC. J. 185 (2012). SSRN Digital Commons Cited by

Sudha Setty, What's In a Name? How Nations Define Terrorism Ten Years After 9/11, 33 U. PA. J. INT'L L. 1 (2011). SSRN Digital Commons Cited by

Sudha Setty, No Place for Secrets: Balancing National Security Interests and the Need for Transparency of the Law, 29 L'OBSERVATEUR DES NATIONS UNIES 151 (2010-12) (solicited article for an issue on Le Secret (The Secret)).

Sudha Setty, Comparative Perspectives on Specialized Trials for Terrorism, 63 ME. L. REV. 131 (2010). SSRN Digital Commons Cited by

Sudha Setty, National Security Without Secret Laws: How Other Nations Balance National Security Interests and Transparency of the Law, July 2009. SSRN Digital Commons

Sudha Setty, Litigating Secrets: Comparative Perspectives on the State Secrets Privilege, 75 BROOKLYN L. REV. 201 (2009). SSRN Digital Commons Cited by

Sudha Setty, No More Secret Laws: How Transparency of Executive Branch Legal Policy Doesn't Let the Terrorists Win, 57 U. KAN. L. REV. 579 (2009). SSRN Digital Commons Cited by

Sudha Setty, The President's Question Time: Power, Information, and the Executive Credibility Gap, 17 CORNELL J.L. & PUB. POL'Y 247 (2008). SSRN Digital Commons Cited by

Sudha Setty, Leveling the Playing Field: Reforming the Office for Civil Rights to Achieve Better Title IX Enforcement, 32 COLUM. J.L. & SOC. PROBS. 331 (1999). SSRN Digital Commons Cited by

Shorter Writings

Sudha Setty, Islam On Trial, BOSTON REVIEW (Feb. 27, 2017).

Sudha Setty, State Secrets Might Get a Little More Secret, JUST SECURITY (October 17, 2014).

Sudha Setty, Amicus Brief, United States v. Johnson, No. 14-CR-390-1 (N.D. Ill. 2014).