Clarke, Brian S.
Assistant Professor

B.A., University of North Carolina at Chapel Hill
J.D., and Order of the Coif, Washington & Lee University School of Law, Magna Cum Laude


Brian Clarke joined the CharlotteLaw faculty in 2011. Professor Clarke teaches Civil Procedure, Employment Discrimination, and other employment law related courses. His scholarship focuses on employment law, civil procedure, and judicial decision making. His work has appeared in the Utah Law Review, the Rutgers Law Review, and the California Law Review Circuit, among others.

Prior to entering academia, Professor Clarke practiced law for more than eleven years with Littler Mendelson PC and Nexsen Pruet LLC. While in practice, Professor Clarke argued and won significant cases before the North Carolina Supreme Court and the North Carolina Court of Appeals and successfully represented clients before the Fourth Circuit and the U.S. Supreme Court. Professor Clarke also taught at Washington & Lee University School of Law as an Adjunct Professor of Law from 2009 to 2011.

Professor Clarke received his B.A. in History from the University of North Carolina at Chapel Hill and his J.D., magna cum laude and Order of the Coif, from Washington & Lee University School of Law.

Professor Clarke’s research and scholarship are available on SSRN at http://ssrn.com/author=1274727.


ObamaCourts? The Impact Of Judicial Nominations On Court Ideology, ______ (2015)(forthcoming).

Coming Out in the Classroom: Law Professors, Law Students and Depression, 64 J. Legal Ed. ___ (2015) (forthcoming).

A Better Route Through the Swamp: Causal Coherence in Disparate Treatment Doctrine, 65 Rutgers L. Rev. 723 (2013).

Grossly Restricted Pleading: Twombly/Iqbal, Gross and Cannibalistic Facts in Compound Employment Discrimination Claims, 2010 Utah L. Rev. 1101 (2011).

The Gross Confusion Deep in the Heart of Univ. of Texas S.W. Med. Ctr. v. Nassar, 4 Cal. L. Rev. Circuit 75 (2013).


  • Administrative Law and Government Regulation (Primarily employment related)
  • Alternative Dispute Resolution (mediation arbitration)
  • American Politics
  • Appellate Matters (expert on 4th Circuit employment jurisprudence)
  • Civil Procedure
  • Class Action Suits
  • Collective Bargaining
  • Disability (primarily employment)
  • Employment Law
  • Employment Discrimination
  • Executive Compensation
  • Federal Courts
  • Gender and the Law (employment aspects)
  • Homosexuality (employment aspects)
  • Labor and Workplace
  • Litigation
  • Supreme Court
  • Mental Health Issues with Legal Profession