Jenny-Brooke Condon is a Professor of Law who teaches Constitutional Law and directs
the Equal Justice Clinic. The clinic works to advance the civil and constitutional rights of people subjected
to inhumanity and injustice in the immigration and criminal legal systems. In addition
to representing individual clients seeking parole and those subject to supervision,
Professor Condon and her students regularly file amicus briefs in state and federal
court on issues ranging from policing, bail reform, prisons, parole, and extreme sentences.
With co-counsel, the clinic has litigated challenges to discrimination against non-citizens
denied access to public benefits, exposed private prison contracts through the Freedom
of Information Act, and served as class counsel in a challenge to conditions at a
county jail. Professor Condon has argued multiple times before the New Jersey Supreme
Court—most recently in a successful challenge in 2021 to a rule denying unemployment
benefits to people who lose their jobs due to baseless criminal charges.
Professor Condon’s scholarship focuses on constitutional issues arising in the criminal
and immigration systems and is informed by her clients’ lived experiences. She has
argued for reinvigorated equal protection and due process rights for non-citizens
and critiqued judicial regulation of the death penalty. Her current project contends
that the largely hidden crisis of sexual violence experienced by women who are incarcerated
is insufficiently conceptualized and addressed as gender subordination.
Prior to rejoining the Seton Hall Law School faculty in 2010, Professor Condon was
a John J. Gibbons Fellow in Public Interest and Constitutional Law at Gibbons P.C.
As a Fellow, Professor Condon co-counseled with the ACLU in Freedom of Information
Act litigation compelling the disclosure of the Office of Legal Counsel's so-called
"torture memos;" defended a municipal gun control ordinance on behalf of a local citizens
group in the New Jersey Supreme Court and worked on cases involving post 9-11 torture,
marriage equality, police misconduct, and capital punishment.
Professor Condon graduated from Seton Hall Law School magna cum laude, where she was
inducted into the Order of the Coif and served as an editor of the Law Review. After
law school, Professor Condon served as a law clerk to the Honorable Barry T. Albin,
Associate Justice of the New Jersey Supreme Court. She then served as the Litigation
Director for the World Organization for Human Rights in Washington, D.C. and was a
clinical teaching fellow and Visiting Professor at Seton Hall Law from 2005-2008.
SELECTED PUBLICATIONS
LAW REVIEW ARTICLES
#MeToo in Prison,
98 Wash. L. Rev. 363
(2023)
The Capital Shadow Docket and the Death of Judicial Restraint,
23 NEV. L.J. 809
(2023)
(symposium)
Border Enforcement as State-Created Danger,
96 St. John's L. Rev. 829
(2022 symposium)
(co-author Lori A. Nessel)
When Cruelty is the Point: Family Separation as Unconstitutional Torture,
56 Harv. C.R.-C.L. L. Rev. 37
(2021)
Denialism and the Death Penalty,
97 Wash. U. L. Rev. 1397
(2020)
Equal Protection Exceptionalism,
69 Rutgers U. L. Rev. 563
(2017)
The Preempting of Equal Protection for Immigrants?,
73 Wash. & Lee L. Rev. 77
(2016)
Illegal Secrets,
91 Wash. U. L. Rev. 1099
(2014)
Extraterritorial Interrogation: The Porous Border Between Torture and U.S. Criminal
Trials,
60 Rutgers L. Rev. 3
(2008)
Asylum Law's Gender Paradox,
33 Seton Hall L. Rev. 207
(2002)
OTHER JOURNAL ARTICLES
A Cruel and Unusual Term: The Distortion of Decency and Restraint in the Supreme Court’s
2018-2019 Death Penalty Decisions,
32 Fed. Sent'gg Rep. 15
(2019)
OTHER PUBLICATIONS
The Roberts Supreme Court’s Death Spiral,
Bloomberg Insights
(2020/07)
Time’s Up. Murphy Must Accept Responsibility for Sexual Abuse at N.J.'S Women’s Prison,
Star Ledger
(2020/04)
Opinion: To End Criminalization of Poverty, NJ Cannot Stop with Bail Reform,
New Jersey Law Journal
(2018/08/09)
(with Lori Outzs Borgen and Esere Onaodowan)
Opinion: The Senate Torture Report: The Revealing of Illegal Secrets,
Bergen Record
(2015/12)
Opinion: Expectations of Privacy: Ruling on Spying by GPS,
Bergen Record
(2012/02/27)
Opinion: Immigration Ruling Hits Home,
Bergen Record
(2012/07/08)
Opinion: Don’t Touch Gun-Carry Permit Law,
Bergen Record
(2010/10/10)
(with Linda Fisher)
PRESENTATIONS
Full list of presentations available in Curriculum Vitae
Constitutional Law Scholars Forum,
Barry University
(February 2020)
(Presenter: Anti-Immigrant Animus)
Seton Hall Law School Panel Discussion on the Immigration Executive Orders,
(February 2017)
(Moderator)
Technology and 21st Century Small Firm Practice, Ethical Issues and Metadata in Electronic
Documents,
Seton Hall Law School
(March 2017)
New England Junior Faculty Workshop in Boston,
Scrutinizing Immigration Federalism
(February 2016)
NYC-Area Junior Faculty Colloquium,
Equal Protection Exceptionalism
(October 2016)
Workshop on Sanctuary,
Columbia Law School
(December 2016)
(Commentator on Understanding the Limits of Sanctuary)
