Content Posted in 2019
Activist Shareholders at De Facto Controlled Companies, Gaia Balp
A Fixed Game: The Frustrations of Ticket Scalping and the Realities of Its Solutions, Dylan C. Porcello
Afrofuturism, Critical Race Theory, and Policing in the Year 2044, I. Bennett Capers
Against Aviation Orthodoxy: India's Foreign Investment Regime for the Airline Industry, Jae Woon Lee and Umakanth Varottil
Air Banned and Barred: Why New York City's Affordable Housing Crisis Has No Room for Short-Term Rentals, Wilson Chow
All the President's Privileges, Ann M. Murphy
Analyzing the Potential for Universal Disarmament of Autonomous Weapons Systems or How I Learned to Stop Working and Love the Killer Robot, Frank Nicholas Kelly
A New Voting Rights Act for a New Century: How Liberalizing the Voting Rights Act’s Bailout Provisions Can Help Pass the Voting Rights Advancement Act of 2017, Mario Q. Fitzgerald
Animus and Its Discontents, William Araiza
Applying Daubert to Flaubert: Standards for Admissibility of Testimony of Writing Experts, Heidi K. Brown
Armenia and Azerbaijan's Struggle with Occupation in Nagorno-Karabakh, Carolyn Morway
A SECOND OPINION: CAN WINDSOR V. UNITED STATES SURVIVE PRESIDENT TRUMP’S SUPREME COURT?, Artem M. Joukov
Assesing the Gig Economy in Comparative Perspective: How Platform Work Challenges the French and American Legal Orders, Jeremy Pilaar
Assuring Financial Stability for Survivors of Domestic Violence: A Judicial Remedy for Coerced Debt in New York’s Family Courts, Megan E. Adams
A Third Way of Thinking about Cultural Property, Lucas Lixinski
A Wall of Hate: Eminent Domain and Interest-Convergence, Philip Lee
Backstop, not Bailout: The Case for Preserving the Orderly Liquidation Authority under Dodd-Frank, Mark R. Maciuch
Badges of Opportunism: Principles for Policing Restructuring Support Agreements, Edward J. Janger and Adam J. Levitin
Bankruptcy Fiduciary Duties in the World of Claims Trading, John A. E. Pottow
Belief States in Criminal Law, James Macleod
Better Left Forgotten: An Argument Against Treating Some Social Media and Digital Assets as Inheritance in an Era of Platform Power, Shelly Kreiczer-Levy and Ronit Donyets-Kedar
Call It By Its Name, William Araiza
Chancing the Arm to Save the Face: The Fight for Irish Gaelic Recognition and Ending the Stormont Deadlock, Samantha F. Sigelakis-Minski
Changed Circumstances: The Federal Rules of Civil Procedure and the Future of Institutional Reform Litigation after Horne v. Flores, Catherine Y. Kim
Comparative Analysis of the EU’s GDPR and Brazil’s LGPD: Enforcement Challenges with the LGPD, Abigayle Erickson
Competing with Noncompetes: Increasing Restrictions on the Use of Employment Noncompetition Agreements in New York, Michael A. E. Neville
Constitutional Utopianism: An Exercise in Law and Literature, Susan Herman
Corporate Distress, Credit Default Swaps, and Defaults: Information and Traditional, Contingent, and Empty Creditors, Henry T. C. Hu
Corporate Governance and Bankruptcy, Daniel J.H. Greenwood
Criminal Procedure, the Police, and The Wire as Dissent, I. Bennett Capers
Cruel & Unusual Pathways to Crime: A Call for Gender- and Trauma-Informed Correctional Care, Emily Frances Musson
Direct-to-Consumer Calls to Action: Lowering the Volume of Claims and Disclosures in Prescription Drug Broadcast Advertisements, Andrew Andrzejewski
Dismantling Mid-Century Urban Renewal: A Community-Based Approach for the Future of New York City, Alia Soomro
Disruptive Philanthropy: Chan-Zuckerberg, the Limited Liability Company, and the Millionaire Next Door, Dana Brakman Reiser
Domestic Asset Protection Trusts: A Debtor's Friend and Creditor's Foe, Nora Hood
ESSAY: Injustice in Black and White: Eliminating Prosecutors’ Peremptory Strikes in Interracial Death Penalty Cases, Daniel Hatoum
Forging Taiwan’s Legal Identity, Margaret K. Lewis
From Discretion to Law: Rights-Based Concerns and the Evolution of International Sanctions, Christopher Roberts
From Family, They Flee: Asylum for Victims of Forced Marriage, Amanda R. Fell
Give Me Liberty or Give Me . . . Alternatives?: Ending Cash Bail and Its Impact on Pretrial Incarceration, Muhammad B. Sardar
Google, Charlottesville, and the Need to Protect Private Employees’ Political Speech, Chloe M. Gordils
Got Mylk?: The Disruptive Possibilities of Plant Milk, Iselin Gambert
Grading Patent Remedies: Dependent Claims and Relative Infringement, Daniel Harris Brean
Grinding Down the Edges of the Free Expression Right in Hong Kong, Stuart Hargreaves
Group Homes as Sex Police and the Role of the Olmstead Integration Mandate, Natalie Chin
Her Belly, Their Baby: A Contract Solution for Surrogacy Agreements, Devon Quinn
Immigration Detainers, Local Discretion, and State Law’s Historical Constraints, Kate Evans
Immigration Separation of Powers and the President's Power to Preempt, Catherine Y. Kim
Infrastructural Regulation and the New Utilities, K. Sabeel Rahman
Insider Trading: Are Insolvent Firms Different?, Andrew Verstein
Introducing Disruptive Technology to Criminal Sanctions: Punishment by Computer Monitoring to Enhance Sentencing Fairness and Efficiency, Mirko Bagaric and Dan Hunter
Is the President a Traitor? A Legal Analysis, Noah Kupferberg
Is the Sky the Limit?: Patent Implications of Discoveries Made in Outer Space, Max Stul Oppenheimer
Lactose’s Intolerance: The Role of Manufacturers’ Rights and Commercial Free Speech in Big Dairy’s Fight to Restrict Use of the Term “Milk”, Kathleen Justis
Law in the Time of Zika: Disability Rights and Reproductive Justice Collide, Seema Mohapatra
Looking Out for the Little Guy: Protecting Child Informants and Witnesses, Sarah Glasser
Lost to the Ages: International Patrimony and the Problem Faced by Foreign States in Establishing Ownership of Looted Antiquities, William R. Ognibene
Love's Labors Found, Nicholas Allard
Mandatory Reassignment As a Reasonable Accommodation Under the Americans With Disabilities Act Turns “Nondiscrimination into Discrimination”, Christina M. Loguidice
Minding the Gaps in Lawyers' Rules of Professional Conduct, Anita Bernstein
Moving from Management to Termination: A Case Study of Prolonged Occupation, David Hughes
No Cake for You: Discrimination, Dignity, and Refusals to Serve, William Araiza
Offshore Drilling: Combating Regulatory Uncertainty with Contract Law Protection, Jordan M. Steele
One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy, Edward J. Janger and Adam J. Levitan
On the Clock, Best Bet to Draft Cyberdefensive Linemen: Federal Regulation of Sports Betting from a Cybersecurity Perspective, William H. Williams
On the Clock: Incorporating a Timed Motion Brief Assignment to Promote Efficiency and Self-Awareness in the Writing Process, Cecilia Silver
Ordinary Causation: A Study in Experimental Statutory Interpretation, James Macleod
Pay For (Privacy) Performance: Holding Social Network Executives Accountable for Breaches in Data Privacy Protection, Lital Helman
Penal Welfare and the New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, and Amy J. Cohen
Persecution Restitution: Removing the Jurisdictional Roadblocks to Torture Victim Protection Act Claims, Michael J. Stephan
Playing Fair: Youtube, Nintendo, and the Lost Balance of Online Fair Use, Natalie Marfo
Plenary Power in the Modern Administrative State, Catherine Y. Kim
Policing School Discipline, Catherine Y. Kim
Political Ideology as a Limited Protected Class Under Federal Title VII Antidiscrimination Law, Anne Carey
Presidential Control across Policymaking Tools, Catherine Y. Kim
Presidential Legitimacy through the Anti-Discrimination Lens, Catherine Y. Kim
Prisoner-to-Public Communication, Demetria D. Frank
Private Benefits Without Control? Modern Chapter 11 and the Market for Corporate Control, Oscar Couwenberg and Stephen J. Lubben
Procedures for Public Law Remediation in School-to-Prison Pipeline Litigation: Lessons Learned from Antoine v. Winner School District, Catherine Y. Kim
Pursuing a Universal Threshold for Regulating Incitement to Discrimination, Hostility or Violence, Rebecca Meyer
Reciprocal Concealed Carry: The Constitutional Issues, William Araiza
Redrawing the Boundaries of Relational Crime, Cynthia Godsoe
REDUCING RECIDIVISM OR MISCLASSIFYING OFFENDERS?: HOW IMPLEMENTING RISK AND NEEDS ASSESSMENT IN THE FEDERAL PRISON SYSTEM WILL PERPETUATE RACIAL BIAS, Rachel DiBenedetto
Religious Courts in Secular Jurisdictions: How Jewish and Islamic Courts Adapt to Societal and Legal Norms, Rabea Benhalim
Repealing Patents, Christopher Beauchamp
Response: Animus, Its Critics, and Its Potential, William Araiza
Rethinking ISDS, George Kahale III
Revoking Your Citizenship: Minimizing the Likelihood of Administrative Error, Catherine Y. Kim
Risk-Free Trial: Reviewing Writing Samples to Broaden Student Engagement, Cecilia Silver
Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson
Safeguarding Democracy in Europe: A Bulwark Against Hungary’s Subversion of Civil Society, Hannah J. Sarokin
Slow Lawyering: How Law Practitioners Can Slow Down in a High-Speed World and Why It Matters, Susan Greene
Sorting Out White-Collar Crime, Miriam Baer
Speech-and-Display Laws: Balancing Physicians' Free Speech Rights and States' Interests in the Context of Abortion, Emily Ruppert
Stopping Terrorism at its Source: Conceptual Flaws of the Deterrence-Based Counterterrorism Regime and Committing to a Preemptive Causal Model, Mark D. Kielsgard and Tam Hey Juan Julian
Swimming Upstream: The Need to Resolve Inconsistency in the FDA's Fishy Regulatory Scheme, Kelsie Kelly
Telemarketing, Technology, and the Regulation of Private Speech: First Amendment Lessons from the FCC’s TCPA Rules, Justin (Gus) Hurwitz
The Costs of Having (Too) Many Choices: Reshaping the Doctrine of Informed Consent, Maytal Gilboa and Omer Y. Pelled
The Demise of Drug Design Litigation Death by Federal Preemption, Aaron Twerski
The Devious Debtor: 11 U.S.C. § 523(A)(2)(B) and the Need for a More Equitable Outcome, Torie Levine
The ECOA and Disparate Impact Theory: A Historical Perspective, Winnie F. Taylor
The Equal Protection Doctrine in the Age of Trump: The Example of Unaccompanied Immigrant Children, Rebecca A. Delfino
The Equifax Data Breach and the Resulting Legal Recourse, Caitlin Kenny
The (Im)Partial Jury: A Trial Consultant’s Role in the Venire Process, Stephanie M. Coughlan
The Inaugural Brooklyn Lecture on International Business Law: “ISDS: The Wild, Wild West of International Practice”, George Kahale III
The Incomplete Ecology of Hydraulic Fracturing Governance, Gregg P. Macey
The King of the CASL: Canada’s Anti-Spam Law Invades the United States, Arthur Shaykevich
The Market for Corporate Control In the Zone of Insolvency: Symposium Introduction, Edward J. Janger
The Modern-Day Scarlet Letter: Erasing the Scar of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito
The (not-so) “Brave New World of International Criminal Enforcement”: The Intricacies of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The Plight of Georgia: Russian Occupation and the Energy Charter Treaty, Jennessa M. Lever
The President's Immigration Courts, Catherine Y. Kim
The Price is Rights: Getting the United Arab Emirates up to International Speed in the Labor Law Department, Janae C. Cummings
The Problem of the Terror Non-State: Rescuing International Law from ISIS and Boko Haram, Darin E.W. Johnson
“There’s Voices in the Night Trying to Be Heard”: The Potential Impact of the Convention on the Rights of Persons with Disabilities on Domestic Mental Disability Law, Michael L. Perlin and Naomi M. Weinstein
The Time Has Come for Congress to Finish Its Work on Harmonizing the Definition of "Employee", Russel A. Hollrah and Patrick A. Hollrah
Things Fall Apart (Next Door): Discriminatory Maintenance and Decreased Home Values as the Next Fair Housing Battleground, Michelle Y. Ewert
THREADS OF TERROR, CRIME, & SLAVERY “HE WHO WOULD PRY BEHIND THE SCENES OFT SEES A COUNTERFEIT”, Gabriella Manduca
Throwing out Junk Science: How a New Rule of Evidence Could Protect a Criminal Defendant's Right to Confront Forensic Scientists, Michael Luongo
Trade Secret Protection in Japan and the United States: Comparison and Recommendations, Thomas Landman
Transparency in Corporate Groups, Jay Lawrence Westbrook
Unburdening Broadway: Spotlight on the American's with Disabilites Act, Naomi Edwards
Venezuela: A Uniquely Senian Insight into a Human Rights Crisis, Andrea I. Scheer
VERBAL HATE CRIMES IN THE WORKPLACE: THE EFFECT OF MENTAL AND EMOTIONAL INJURY OF THE LGBT COMMUNITY ON THE COMMERCE CLAUSE, Elizabeth Olsen
WHEN DEATH BECOMES AN OPTION: HOW AEDPA’S OPT-IN PROVISIONS WILL VIOLATE THE CONSTITUTIONAL RIGHTS OF HABEAS CORPUS PETITIONERS, Alexander Brock
“Why Did Constantinople Get the Works? That’s Nobody’s Business but the Turks.” A New Approach to Cultural Property Claims and Geographic Renaming Under the 1970 UNESCO Convention, Kasey Theresa Mahoney
Why Does the SEC Hate Lawyers and Will the Bitterness Ever Go Away: A Review of the Reasons for the Current State of this Relationship and a Proposed Path Forward, Ernest Edward Badway, Joshua Horn, and Christie McGuinness