BA, Princeton University; M.Litt., Oxford University; JD, Yale University
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She focuses on the history of U.S. procedure and legal institutions, especially juries. She also examines the differences between current adversarial and nonadversarial legal systems. She regularly speaks to groups of U.S. and non-U.S. judges about comparative procedure and institutions.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009). Her recent articles include “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014); “The Rise of Directed Verdict: Jury Power in Civil Cases Before the Federal Rules of 1938,” 81 George Washington Law Review 448 (2013); and “Enlightenment Economics and the Framing of the U.S. Constitution,” 35 Harvard Journal of Law and Public Policy 39 (2012). She is currently working on a book chapter about the influence of Magna Carta on rights to jury trial in the United States.
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She did graduate work as a Rhodes Scholar at Oxford University in English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Curriculum Vitae [PDF]
Social Sciences Research Network
Areas of Expertise