Robert Brain

Robert Brain 2022
Robert Brain, Clinical Professor of Law

Clinical Professor of Law

Courses Taught

  • Ethical Lawyering
  • Commercial Law: Sales
  • Legal Research & Writing
  • Contracts



  • BS, with honors, Stanford University
  • MS, Stanford University
  • JD, University of California, Berkeley, School of Law


Robert Brain began his legal career in the litigation department of Gibson, Dunn & Crutcher, where he received a pro bono award from the LA County Bar Association for his work with Public Counsel, and represented the ACLU in a case before the U.S. Supreme Court. He later joined the faculty at Pepperdine University School of Law where he taught contracts, torts, constitutional law, sales and trial practice. While at Pepperdine, he co-taught a course on the history of the Supreme Court with Chief Justice Rehnquist, tried cases on a volunteer basis for the LA District Attorney’s Office and served as a commercial arbitrator for the American Arbitration Association.

He later taught at McGeorge School of Law before becoming a partner at the litigation firm of Howarth & Smith where he tried fraud, defamation, securities, products liability and assault matters, representing clients like the Republic of the Marshall Islands, Suzuki Motor Corporation and the victims of 9/11. He joined the Loyola faculty in 2006. 

Selected Scholarship

  • The Unnecessary Warranty of Fitness for a Particular Purpose, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2019-19 (2019)
  • Judge Posner, a Modern Day Chancellor in Equity: An Explanation of Wisconsin Knife Works v. National Metal Crafters, 50 University of the Pacific L. Review (2018)
  • Sum and Substance of Contracts, Exam Pro Series (2013)
  • Sum and Substance of Contracts, Quick Review Series (8th ed., 2012).
  • Computer and Video Game Law, (2010) (Carolina Academic Press) (with Ashley Lipson)
  • Civil Discourse: A Comedy of Teachable Errors, L.A. Daily Journal (April 4, 2009)
  • Civil Discourse: The Court’s Fumble, L.A. Daily Journal (January 21, 2009)
  • Civil Discourse: Virtual Insanity L.A. Daily Journal (December 3, 2008)
  • Civil Discourse: Winning Over the Jury: An Exact Science?, L.A. Daily Journal (October 1, 2008)
  • Civil Discourse: The Human Factor, LA Daily Journal (August 5, 2009).
  • Civil Discourse: Virtual Insanity, LA Daily Journal (December 3, 2008). 
  • Brain and Broderick, "The Secondary R,elevance of Demonstrative Evidence: Charting its Proper Evidentiary Status," 25 U.C.D. L. Rev. 957 (1992).
  • Brain and Broderick, "Computer Animations: How to Get them Admitted," 2 Lit. App. 5 (Winter, 1991).
  • Brain and Broderick, "Demonstrative Evidence, Clarifying Its Role at Trial," 1994 Trial 73 (September).
  • Brain, Freeberg, Weiss, and Briggs, "Blue Light-Induced Absorbance Changes in    Membrane Fractions from Corn and Neurospora," 59 Plant Physiology 948 (1977).
  • Brain and Briggs, "Light-Induced Cytochrome Reduction in Neurospora Crassa Membrane Fractions," in Research in Photobiology (A. Castellani ed. 1977).

In the News

As the author of the leading casebook on video game law, Brain has been recognized as an expert in the field and has been quoted in publications such as USA Today and the Los Angeles Daily Journal.

Clinical Achievements

Brain is an innovative teacher, and has used and developed games for use in class, such as Contracts Jeopardy and Legal Writing Family Feud. He has given presentations on game theory in teaching in various academia, including the Legal Writing Institute.

Brain’s article on the history of warranty law was selected for presentation at the 2012 Legal Writing Workshop in Florida, part of the 2012 SEALS convention.