Content Posted in 2022
A Call to Replace the APA’s Notice-and-Comment Exemption for Guidance Documents, Crystal M. Cummings
A Civil Shame: The Failure to Protect Due Process in Discretionary Immigration Bond Hearings, Stacy L. Brustin
Administrative Deference and the Social Security Administration: Survey and Analysis, Nicholas M. Ohanesian
A HISTORY OF CONSUMER CLASS ACTIONS IN STATE COURTS, Anne Fleming
AI in Adjudication And Administration, Cary Coglianese and Lavi M. Ben-Dor
A Lineage of Family Separation, Anita Sinha
ALTERNATIVE DATA AND INSIDER TRADING: ARE INVESTMENT MANAGERS ASSLEEP AT THE WHEEL ON BIG DATA USE?, William Montemarano
America’s $1.7 Trillion Student Loan Debt Problem: A Story of the American Dream, Good Intentions, and Easy Money, Crystal Liu
America’s Constant Crisis of Care: The Case for Passing a National Direct Care Ratio for Nursing Homes, Marissa Espinoza
An Exclusive Property Model for the Common Heritage of Mankind: A Multilateral Regime for Natural Resources in Outer Space, Yun Zhao and Xiaodao Li
Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’s Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli
Are You There, Law? It's Me, Semen, Anita Bernstein
Arrests as Guilt, Anna Roberts
Asymmetry as Fairness: Reversing a Peremptory Trend, Anna Roberts
Avoiding Wasteful Competition: Why Trading on Inside Information Should Be Illegal, Michael D. Guttentag
Balancing Efficiency and the Public Interest: A Comparative Analysis of Force Majeure Defaults in Government Contracting, Alexandra L. Noetzel
Bardy Diagnostics v. Hill-Rom: New Lessons on Material Adverse Effect Clauses, Robert T. Miller
Big Dreams and Pyramid Schemes: The FTC’s Path to Improving Multi-Level Marketing Consumer Protections in Light of AMG Capital Management and the 2016 Herbalife Settlement, Camille H. Mangiaratti
Black Deaths Matter: the Race-of-Victim Effect and Capital Punishment, Daniel S. Medwed
Black on Black Representation, Alexis Hoag
Blame the Victim: How Mistreatment by the State Is Used to Legitimize Police Violence, Tamara Rice Lave
Boeing, Boeing, Gone: General Jurisdiction over Corporations, Principal Place of Business, and a Second Look at the Total Activities Test, Robert Ellis Stengel
BOOK REVIEW: The Mighty Roe Has Fallen (Probably): A Call to Action as an Antidote to Despair, Loreen Peritz
Broken PROMESA: Why the United States Should Abandon Its Use of the Territories Clause to Control the Local Affairs of Puerto Rico, Julia R. Cummings
Budgetary Courage to Face the Double Crises of COVID and Climate Change, Frank Pasquale
Casual Ostracism: Jury Exclusion on the Basis of Criminal Convictions, Anna Roberts
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Conscience Leave, Andrew K. Jennings
Consider Collateral Consequences: The Inherent Hypocrisy of Veterans Treatment Courts’ Failure to Dismiss Criminal Charges, Julia W. Williams
Consumer Bankruptcy and Race: Current Concerns and a Proposed Solution, Edward J. Janger
CONSUMERS' DECLINING POWER IN THE FINTECH AUTO LOAN MARKET, Pamela Foohey
Conviction by Prior Impeachment, Anna Roberts
Convictions as Guilt, Anna Roberts
Copying Copyright: Adopting a Fair Use Defense in Patent Law in Times of Public Health Crisis, Kellie C. Van Beck
Copystrikes and Meme Bans: Social Media and Copyright Protections in the Digital Age, Angelina Sanchez
Cracks in the Clean Air Act: Fixing the Foundation of US Climate Policy, Emily Joshi-Powell
Credibility in Empirical Legal Analysis, Hillel J. Bavli
CYBER-INSECURITY: THE REASONABLENESS STANDARD IN INTERNET OF THINGS DEVICE REGULATION AND WHY TECHNICAL STANDARDS ARE BETTER EQUIPPED TO COMBAT CYBERCRIME, Chynna Rose Foucek
Defense Counsel's Cross Purposes: Prior Conviction Impeachment of Prosecution Witnesses, Anna Roberts
Defense Counsel’s Cross Purposes: Prior Conviction Impeachment of Prosecution Witnesses, Anna Roberts
Determining Marriage Length in Support Calculations: Should Cohabitation Count?, Mark Strasser
Digital Privacy Rights and CLOUD Act Agreements, Tim Cochrane
Disgust and Guns: Conduct, Identity, and Second Amendment Animus, William D. Araiza
Dismissals as Justice, Anna Roberts
Disparately Seeking Jurors: Disparate Impact and the (Mis)Use of Batson, Anna Roberts
Down and Dirty: Remedies and Reparations for Intersected Environmental and Reproductive Justice, Mickaela J. Fouad
"Equitable Compensation" as "Just Compensation" for Takings, Brian Angelo Lee
Federalized Corporate Governance: The Dream of William O. Douglas as Sarbanes-Oxley Turns 20, Joan MacLeod Heminway
Federal Land Conservation in Rural Areas, Jessica Owley and Jess Phelps
Finding Original Public Meaning, James Macleod
Finding Your 'Flow', Heidi K. Brown
Fintech and Race-Based Inequality in the Home Mortgage and Auto Financing Markets, Winnie F. Taylor
Fit for Its Ordinary Purpose: Implied Warranties and Common Law Duties for Consumer Finance Contracts, Edward J. Janger and Susan Block-Lieb
FOREWORD: The Free Speech Record of the Roberts Court, William D. Araiza
FOREWORD: The Role of the “Victim” in the Criminal Legal System, Kate Mogulescu
Forum Selection Clauses, Non-Signatories, and Personal Jurisdiction, Robin Effron and John F. Coyle
Freeing Cryptoassets from Howey: A Defense of Genuine Token Offering, Kathryn A. Daly
Free Speech Still Matters, Joel M. Gora
Free Speech Still Matters, Joel M. Gora
Full of Questions and Wonder: Roberta Karmel's Legacy, Alan R. Palmiter
Gender Pay Disparity, the COVID-19 Pandemic, and the Need for Reform, Amy H. Soled
Giving Meaning to the Apostrophe in Victim[’]s Rights, Margaret Garvin
Health Insurance and Bankruptcy Risk: Examining the Impact of the Affordable Care Act, Philip M. Pendergast, Michael D. Sousa, and Tim Wadsworth
Healthy Hives: Can Replacing Hierarchies with Intergroup Teams Transform Our Profession?, Heidi K. Brown
How Artificial Intelligence Machines Can Legally Become Inventors: an Examination of and Solution to the Decision on DABUS, Justyn Millamena
How Discretionary Decision-Making Impacts the Financial Performance and Legal Disclosures of S&P 500 Funds, Bernard S. Sharfman and Vincent Deluard
How Public Health Informed Lawmaking Would Address the Rising Synthetic Opioid Death Toll, Jennifer S. Bard
How the National Labor Relations Board Is Still Failing Marginalized Employees, Taylor Arluck
If You Can’t Beat Them, Get Even: A Proposal to Level the Playing Field Between Social Media Platforms and Their Wrongfully Removed Users, Bernie Gabrielle Toledano
Impeachment by Unreliable Conviction, Anna Roberts
INTRODUCTORY REMARKS: The Roberts Court and the First Amendment: An Introduction, Geoffrey R. Stone
In Vogue Again: The Re-Rise of SPACS in the IPO Market, Maria Lucia Passador
Iranian Music Censorship & International Human Rights Law, Cameron Moody
Karmel’s Dissent: The SEC’s Use and Occasional Misuse of Section 21(a) Reports of Investigation, James J. Park
Keeping Guns in the Hands of Abusive Partners: Prosecutorial and Judicial Subversion of Federal Firearms Laws, Bonnie Carlson
Last Rights: A Theory of Individual Impact, Kenneth R. Davis
Lawyering 'Twisties': Naming and Untangling Performance Anxiety, Heidi K. Brown
LEAD Us Not into Temptation: A Response to Barbara Fedders's Opioid Policing, Anna Roberts
Lessons COVID-19 Taught: How the Global Pandemic Demonstrated that State Healthcare Regulations Can Kill, Devon Allgood
LET'S STOP PLAYING GAMES: WHY BETTER CONGRESSIONAL INTERACTION IS REQUIRED TO PROTECT YOUNG GAMERS, Dominick Tarantino
LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCED NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS, Daniel Finnegan
Mad about the First Amendment, Our Beacon for Liberty, Equality and Democracy, Nicholas Allard
Menstruation: An Ableist Narrative, Prianka Nair
Mezzanine Real Estate Loan Foreclosures: What is Commercially Reasonable During an Emergency?, Christopher J. Collins
Movement Law, Jocelyn Simonson, Amna A. Akbar, and Sameer M. Ashar
Mutual Fund Advisory Fees: Forty Years of Failure, Stewart L. Brown PhD., CFA
Mutual Fund Stewardship and the Empty Voting Problem, Jill E. Fisch
New York’s School Segregation Crisis: Open the Court Doors Now, Gus Ipsen
No Pact with the Devil: Defending & Strengthening New York City’s Permanent Affordability Commitment Together (PACT) - P3, Madeline Martinez
Normative Dimensions of Consensual Application of Black Box Artificial Intelligence in Administrative Adjudication of Benefits Claims, Frank Pasquale
NOT SO FAIR USE: THE SHORTCOMINGS OF CURRENT COPYRIGHT LAW IN MUSIC SAMPLING, Marissa Brown
On the Outer Reaches of the Marketplace of Ideas: the Weaponization of Title VI Against Palestinian College Activists, Gavriella Fried
Paging Doctor Robot: Medical Artificial Intelligence, Tort Liability, and Why Personhood May Be the Answer, Benedict See
Parole, Victim Impact Evidence, and Race, Alexis Karteron
Prosecuting the Phone Scammer When Extradition Fails and Concurrent Jurisdiction Exists, Michelle Lepkofker
Protecting the Constitution While Protecting Victims: Challenges to Pro Se Cross-Examination, Katharine L. Manning
PROXY ADVISORS AS ISSUE SPOTTERS, Douglas Sarro
Punishing Drug Use During Pregnancy: Is It Time to “Just Say No” to Fetal Rights?, Danika E. Gallup
Purcell in Pandemic, Wilfred U. Codrington III
QUALIFIED OPPORTUNITY FUNDS: PRIVATE EQUITY EXEMPTIONS FROM PUBLIC RESPONSIBILITY, Audrey E. Abate
Redefining the Safe Third Country Exception of the Immigration and Nationality Act in the Wake of Trump, Daniel E. Rabbani
REDUCING CONFLICTS OF INTEREST: A "GLASS-STEAGALL" SPLIT OF ADVISORY AND CONSULTING SERVICES OF PROXY ADVISORY FIRMS, Austin Manna
(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias, Anna Roberts
Regulating the Autonomous Ocean, Annie Brett
Released, but Not Free: The Unexonerated, Heidi Gilchrist
Remedies for Government Breach: Lessons from The United States and a Zone of Appealable Remedies for Southeast Asia, Benjamin D. Black
Retail Investors: Why Online Investing Platforms Need More Regulation and Oversight, Christal McCamy
Roberta Karmel and the "Brooklyn School", Edward J. Janger
Roberta Karmel and the "Brooklyn School", Edward J. Janger
Rotten Social Background and Mass Incarceration: Who Is a Victim?, Steven Zeidman
Section 230 and the Problem of Social Cost, Stanley M. Besen and Philip L. Verveer
Shifting Burdens at the Fringe, Vijay Raghavan
Should Victims’ Views Influence Prosecutors’ Decisions?, Bruce A. Green and Brandon P. Ruben
Signed, Sealed, & Undelivered: Unsuccessful Attempts of Foreign Judgment Recognition Between the U.S. and China, Shun-Hsiang Chen
Slaying the Serpents: Why Alternative Intervention Is Necessary to Protect Those in Mental Health Crisis from the State-Created Danger “Snake Pit”, Kathleen Giunta
Social Media and the Common Law, Leslie Y. Garfield Tenzer
State Securities Enforcement, Andrew K. Jennings
Sweet Are the Uses of Adversity, Nicholas Allard
SYMPOSIUM: CONSUMER WELFARE MARKET STRUCTURE AND POLITICAL POWER, Edward J. Janger
Symposium Introduction: A Tribute to Roberta Karmel, James A. Fanto
Symposium Introduction: A Tribute to Roberta Karmel, James Fanto
Sy-STEM-Ic Bias: An Exploration of Gender and Race Representation on University Patents, Jordana R. Goodman
Targeted Regulation of Proxy Voting Advice: Balancing Monitoring with Information Flow in the Age of ESG, Jara R.Y. Jacobson
TELLING THE STORY ON YOUR TIMESHEETS: A FEE EXAMINER'S TIPS FOR CREDITORS' LAWYERS AND BANKRUPTCY ESTATE PROFESSIONALS, Nancy B. Rapoport
The Anti-Free Speech Movement, Robert Corn-Revere
The Case for an International Solution to the Restitution of Cultural Property: Morality, Legality and Righting Western Wrongs, Ariana Catarisano
The Coming Shift in Shareholder Activism: From “Firm-Specific” to “Systematic Risk” Proxy Campaigns (and How to Enable Them), John C. Coffee, Jr.
THE COMMODIFICATION OF PERSONAL DATA AND THE ROAD TO CONSUMER AUTONOMY THROUGH THE CCPA, Blaire Rose
The Cost of Cutting Corners: Jurisdictional Implications Flowing from Removal Proceedings Commenced by a Defective Notice to Appear, Juliana M. Lopez
The Elastic Corporate Form in International Law, Julian Arato
“The EU Challenge to the SEC”: A View from 2021, Howell E. Jackson
The Free Speech Record of the Roberts Court, William D. Araiza
The Gatekeepers of Research: Why a Data Protection Authority Holds the Key to Research in the New York Privacy Acts, Eric B. Green
The Information Shortfalls of Prosecuting Irresponsible Executives, Miriam H. Baer
The Internal Limits on Fiduciary Loyalty, Andrew S. Gold
The Invisible Circumstances of Notice, Robin Effron
The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, William D. Araiza
The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, William D. Araiza
The Means to Ending ENDS: Electronic Nicotine Delivery Systems and America’s Youth, Megan C. Feeney
THE MODERN PAY FOR PLAY MODEL: LAWS THAT PROTECT STUDENT-ATHLETES' FUNDAMENTAL RIGHT TO COMMERCIALZE THEIR NAMES, IMAGES, AND LIKENESS, Paul A. Schwabe Jr.
The Patient Assistance Problem, Daniel O’Brien Lichtenauer
The Place of the Prosecutor in Abolitionist Praxis, Cynthia Godsoe
THE POLITICAL FACE OF ANTITRUST, Spencer Weber Waller and Jacob E. Morse
The Professionalization of Compliance: Its Progress, Impediments, and Outcomes, James A. Fanto
The Promise and Perils of Shared Equity Financing, David Reiss and Ernira Mehmetaj
The Promised Land: Blockchain and the Fashion Industry, Shlomit Yanisky-Ravid and Grace Monroy
THE REVOLUTION OF THE COMMERCIAL SPACE INDUSTRY: WHY CURRENT LAWS MUST BE REPLACED BEFORE AMERICAN BUSINESS EXPANDS TO THE MOON AND BEYOND, Drew M. Fryhoff
The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005–2021, Ronald K.L. Collins and David L. Hudson Jr.
The Roberts Court, State Courts, and State Constitutions: Judicial Role Shopping, Ariel L. Bendor and Joshua Segev
The Role of the "Victim" in the Criminal Legal System, Kate Mogulescu
The Rules of the Malpractice Game: Affidavit of Merit Statutes, Erie, and the Cautionary Tale of an Overbroad Application of Rule 11, Deanna Arpi Youssoufian
The Second Amendment in a Carceral State, Alice Ristroph
The Victim/Offender Overlap and Criminal System Reform, Cynthia Godsoe
The Victim/Offender Overlap and Criminal System Reform, Cynthia Godsoe
The "Worst Law in Technology": How the Computer Fraud and Abuse Act Allows Big Businesses to Collect and Sell Your Personal Information, Alicia Nakhjavan
Third Time’s the Charm: Remedying the Lack of Uniformity and Predictability in Trade Secret Law, Matthew D. Kasner
Timeout for Sports Trademark Overprotection: Comparing the United States, European Union, and United Kingdom, Jodi S. Balsam
TRANSCRIPT: The Roberts Court and Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, and Erwin Chemerinsky
TWO POLITICIZATIONS OF U.S. ANTITRUST LAW, Frank Pasquale and Jacqueline Green
United States v. Donziger: How the Mere Appearance of Judicial Impropriety Harms Us All, Jackie Kushner
Victims, Right?, Anna Roberts
Voice Shoppers: From Information Gaps to Choice Gaps in Consumer Markets, Noga Blickstein Shchory and Michal S. Gal
Walking Between the Lines: Why the Wright Line Standard is Not Always Applicable While Employees Demand Safer COVID-19 Working Conditions, Michelle Verkhoglaz
WARRANTY, PRODUCT LIABILITY AND TRANSACTION STRUCTURE: THE PROBLEM OF AMAZON, Edward J. Janger and Aaron D. Twerski
What Are Victim Impact Statements For?, Susan A. Bandes
White Supremacy’s Police Siege on the United States Capitol, Vida B. Johnson
Without a Voice, Without a Forum: Finding IIRIRA Section 1252(g) Unconstitutional, Amanda Simms
YOUR UBER DRIVER IS HERE, BUT THEIR BENEFITS ARE NOT: THE ABC TEST, ASSEMBLY BILL 5, AND REGULATING GIG ECONOMY EMPLOYERS, Brian A. Brown II