Content Posted in 2022 | BrooklynWorks

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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

A Continental Rift? The United States and European Union's Contrasting Approaches to Regulating the Monopolistic Behavior of Gatekeeper Platforms, Peter R. Enia

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

A REJECTION OF ABSOLUTIST DUTIES AS A BARRIER TO CREDITOR PROTECTION: FACILITATING DIRECTORIAL DECISIVNESS SURROUNDING INSOLVENCY THROUGH THE BUSINESS JUDGMENT RULE, Philip Gavin

Are You There, Law? It's Me, Semen, Anita Bernstein

Arrests as Guilt, Anna Roberts

Asymmetry as Fairness: Reversing a Peremptory Trend, Anna Roberts

A True Sense of Security: How Kirschner v. J.P. Morgan Chase Illustrates the Failings of the Reves Family-Resemblance Test and the Need to Recognize Some Syndicated Loans as Securities for the Sake of the Financial System, Aidan D. Mulry

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

DNA Dystopia: How the National Security Apparatus Could Map the Entire Genome of America Without Violating the Fourth Amendment or the Constitutional Right to Privacy, Elias Rios III

DOOR SHUT AND EARS PLUGGED: HOW CONSUMER REPORTING CASTS IDENTITY THEFT VICTIMS OUT OF FINANCIAL SOCIETY AND HOW THE LAW CAN BE HARMONIZED TO BRING THEM BACK IN, Ryan Bolger

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

Let the Bots Be Bots: Why the CFAA Must Be Clarified to Prevent the Selective Banning of Data Collection Facilitating Private Social Media Information Monopolization, W. Connor McRory

LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCED NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS, Daniel Finnegan

Looking Forward: Professor Roberta Karmel's Prescient Views on the Transformation of Self-Regulatory Organizations and of the Securities Market Structure at the Turn of the Last Century, James Fanto

Looking Forward: Professor Roberta Karmel’s Prescient Views on the Transformation of Self-Regulatory Organizations and of the Securities Market Structure at the Turn of the Last Century, James A. Fanto

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

Putting a Finger on Biometric Privacy Laws: How Congress Can Stitch Together the Patchwork of Biometric Privacy Laws in the United States, Eliza Simons

QUALIFIED OPPORTUNITY FUNDS: PRIVATE EQUITY EXEMPTIONS FROM PUBLIC RESPONSIBILITY, Audrey E. Abate

Reclaiming the Importance of the Defendant's Testimony: Prior Conviction Impeachment and the Fight against Implicit Stereotyping, Anna Roberts

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

Revising U.S. Privacy Laws: New Laws are Required to Fill in the Gaps of Current and Proposed Legislation to Account for New Technologies and Future Emergencies, Marissa Wong

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 Good, the Bad, and the Historically Anti-Semitic: An Analytical Comparison of Anti-Hate Laws in Germany and the United States, Jamie Rauch

The Historical Diagnosis Criterion Should Not Apply: Reasonable Accommodations in Standardized Testing for Individuals with a Later Diagnosis of ADHD, Denise Elliot

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

Venezuelan Prisons' Human Rights Violations and Suggested Reforms Based on the Success of Norway's Restorative Justice-Focused Approach to Incarceration, Nadiya Singh

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

When Your Apps Threaten National Security – A Review of the TikTok and WeChat Bans and Government Actions Under IEEPA and FIRRMA, Ru Hochen

White Supremacy’s Police Siege on the United States Capitol, Vida B. Johnson

Who’s the Fairest of Them All: Circuit Split Over Landlord Liability for Tenant-On-Tenant Discrimination Under the Fair Housing Act, Kelli Conway

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