Full-Time Faculty

Radha Pathak

Associate Professor of Law
Associate Dean for Student and Alumni Engagement
Director of the Institute for Trial and Appellate Practice

  • B.A., University of California at Berkeley
  • J.D., New York University Law School

Remedies Syllabus 2018

Contact Information

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Tel. 714.444.4141 ext. 231
Fax. 714.242.1444
Building Two, Room 231

Radha Pathak is Associate Dean of Student & Alumni Engagement, Associate Professor of Law (with tenure), and Director of the Institute of Trial & Appellate Practice. Since joining the faculty in 2003, she has taught appellate advocacy, civil procedure, evidence, federal courts, remedies, and torts. Professor Pathak is also of counsel to Stris & Maher LLP, and she currently serves on the Amicus Brief Committee of the National Asian Pacific American Bar Association.

Professor Pathak has been litigating cases before the Unites States Supreme Court since 2005. In the 2016 term, she served on teams representing parties in Microsoft v. Baker, 137 S.Ct. 1702 (2017), and Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017). In the 2015 term, she served as counsel of record in Board of Trustees v. Montanile, 136 S.Ct. 651 (2016), represented the respondents in Merrill Lynch v. Manning, 136 S.Ct. 1562 (2016), and was a member of the team representing the State of Vermont in Gobeille v. Liberty Mutual Ins. Co., 136 S.Ct. 936 (2016).

Prior to entering academia, Professor Pathak served as a judicial clerk to the Honorable Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit. She received her J.D. from New York University School of Law where she was an editor of the New York University Law Review, and her B.A. in Political Science with honors from the University of California at Berkeley.


  • Discretionary Clause Bans & ERISA Preemption, 56 S.D. L. REV. 500 (2011)
  • Incorporated State Law, 61 Case Western Reserve L. Rev. 823 (2011)
  • Statutory Standing and the Tyranny of Labels, 62 Oklahoma L. Rev. 89, (2010).
  • Understanding and Problematizing Contractual Tort Subrogation, (with Brendan S. Maher), 40 Loy. U. Chi. L.J. 49 (2008).
  • Breaking the “Unbreakable Rule”: Federal Courts, Article I, and the Problem of “Related To” Bankruptcy Jurisdiction, 85 Or. L. Rev. 59 (2006)
  • Enough About the Constitution: How States Can Regulate Health Insurance Under the ACA, 31 Yale L. & Pol’y Rev. 275 (2013) (with Brendan S. Maher)
  • Health Insurance and Federalism in Fact, 28 ABA J. Lab. & Emp. L. 73 (2012) (with Brendan S. Maher)

Editorials and Commentaries

  • When Procedure Stands in the Way of Justice, L.A. Daily Journal, January 24, 2006, at 8.
  • ACI’s 14th National Forum on ERISA Litigation, Medical Provider Claims: Assignment, Standing & Penalties, March 2, 2017, Chicago, IL
  • Panelist, New Civil Procedure Rules and ERISA Litigation, ABA Joint Committee on Employee Benefits, Webinar, September 8, 2016.
  • Pension Rights Center, teleconference training regarding the effect of Montanile v. Bd. of Trustees of NEI Health Benefit Plan on pension recoupment claims, April 26, 2016.
  • Robust Enforcement at Last? Medical Providers as the New ERISA Enforcers, University of Connecticut School of Law Insurance Law Center, Fifth Annual National Benefits & Social Insurance Conference, Hartford, CT, April 15, 2016.
  • Plenary panelist, Fiduciary Update, 2016 Midwinter Meeting of the Employee Benefits Committee, ABA Section of Labor and Employment Law, Las Vegas, NV, February 11, 2016.
  • Panelist, Equitable Remedies After Rochow: Has Anything Really Changed?, ABA Joint Committee of Employee Benefits, Webinar, June 16, 2015.
  • Panelist, The Gathering Storm: How Should Plan Fiduciaries Address Health Care Provider Overbilling?, ABA Joint Committee of Employee Benefits, Webinar, June 9, 2015.
  • Moderator, Views of the Cathedral, University of Connecticut School of Law, Annual Conference of the Insurance Law Center: The Affordable Care Act Turns Five, Hartford, CT, April 17, 2015.
  • Equitable Lien by Agreement, Drexel University Thomas R. Kline School of Law, 4th Annual Conference on Employee Benefits, Social Security and Executive Compensation, Philadelphia, PA, March 27, 2015.
  • Plenary Panelist, Remedies After Amara, 2015 Midwinter Meeting of the Employee Benefits Committee, ABA Section of Labor and Employment Law, San Diego, CA, February 17, 2015.
  • Moderator, Land Use and Federalism, SEALS, July 2011, Hilton Head, South Carolina
  • Perspectives on ERISA, South Dakota Law Review ERISA Symposium, February 2011, Vermillion, South Dakota.
  • Does Federalism Serve Progressive Justice?, LatCritXV, October 2010, Denver, Colorado.
  • Incorporated State Law, Third Annual Junior Faculty Federal Courts Workshop, sponsored by the University of Illinois, October 2010.
  • The Supreme Court, Orange County Roosters, August 2010, Costa Mesa, California.
  • Statutory Standing and the Tyranny of Labels, Univ. of Houston Law Center, Feb. 19, 2009
  • Appearances and Realities of Power Across Scales: Dilemmas of Categorization, panel moderator, LatCrit XII, Miami, Florida, Oct. 2007
  • Clarifying Equitable Remedies: The Supreme Court’s Sereboff Decision and Implications for Subrogation and Contracting, national teleconference moderator, American Health Lawyers’ Association, Oct. 2006
  • Dalits in India: The Criminalization of Status, LatCrit XI, Las Vegas, Nevada, Oct. 2006
  • Can AEDPA “Be Reasonable”? How Federal Courts Should Apply California’s Indeterminate Law of Timeliness, Work-in-Progress Session, Northeast People of Color Legal Scholarship Conference, Nassau, Bahamas, July 2006
  • Connecting the Rights Deficit at Home with the Rights Deficit Abroad, panel moderator, Western Law Professors of Color Conference, San Diego, California, Mar. 2006
  • The Constitutional Basis of “Related To” Bankruptcy Jurisdiction, Work-in-Progress Session, National People of Color Legal Scholarship Conference, Washington D.C., Oct. 2004
  • Choosing a Legal Career, First National South Asian Bar Association Conference, Los Angeles, California, June 2004