BrooklynWorks

No Need for Speed: The Inherent Unreasonableness of High-Speed Police Chases and a New Approach to Excessive Force Litigation, Hayley Bork
Brooklyn Law Review

The Pro Se Gender Gap, Roger Michalski
Brooklyn Law Review

United States v. Donziger: How the Mere Appearance of Judicial Impropriety Harms Us All, Jackie Kushner
Journal of Law and Policy

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
Brooklyn Law Review

Protecting the Constitution While Protecting Victims: Challenges to Pro Se Cross-Examination, Katharine L. Manning
Brooklyn Law Review

Third Time’s the Charm: Remedying the Lack of Uniformity and Predictability in Trade Secret Law, Matthew D. Kasner
Brooklyn Law Review

Credibility in Empirical Legal Analysis, Hillel J. Bavli
Brooklyn Law Review

Prosecuting the Phone Scammer When Extradition Fails and Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law

The Debate Over Disclosure in Third-Party Litigation Finance: Balancing the Need for Transparency with Efficiency, Alec J. Manfre
Brooklyn Law Review

“More than Tangential”: When Does the Public Have a Right to Access Judicial Records?, Jordan Elias
Journal of Law and Policy

Directors’ Duty of Care in Times of Financial Distress Following the Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law

The Singapore Convention on Mediation: A Brave New World for International Commercial Arbitration, Robert Butlien
Brooklyn Journal of International Law

Protecting the Social Utility of Appraisal Arbitrage: A Case for Amending Delaware Law to Strengthen the Appraisal Remedy after Dell, Thomas J. Meriam
Brooklyn Law Review

A Logical and Lawful Application of § 101 Jurisprudence: The USPTO’s 2019 Subject Matter Eligibility Guidance, Dustin Luettgen
Journal of Law and Policy

Who Sells? Testing Amazon.com for Product Defect Liability in Pennsylvania and Beyond, Aaron Doyer
Journal of Law and Policy

Putting the Notice Back into Pleading, Robin Effron
Faculty Scholarship

Increasing Lapses in Data Security: The Need for a Common Answer to What Constitutes Standing in a Data Breach Context, Aaron Benjamin Edelman
Journal of Law and Policy

Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy

Between Scylla and Charybdis: Maritime Liens And the Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law

“Fair Enough”? Revising the Yellowstone Injunction to Fit New York’s Commercial Leasing Landscape and Promote Judicial Economy, Gabriel W. Block
Brooklyn Journal of Corporate, Financial & Commercial Law

How Much Do Expert Opinions Matter? An Empirical Investigation of Selection Bias, Adversarial Bias, and Judicial Deference in Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law

Offshore Drilling: Combating Regulatory Uncertainty with Contract Law Protection, Jordan M. Steele
Brooklyn Journal of Corporate, Financial & Commercial Law

The Demise of Drug Design Litigation Death by Federal Preemption, Aaron Twerski
Faculty Scholarship

Badges of Opportunism: Principles for Policing Restructuring Support Agreements, Edward J. Janger, Adam J. Levitin
Brooklyn Journal of Corporate, Financial & Commercial Law

Corporate Distress, Credit Default Swaps, and Defaults: Information and Traditional, Contingent, and Empty Creditors, Henry T. C. Hu
Brooklyn Journal of Corporate, Financial & Commercial Law

The Market for Corporate Control In the Zone of Insolvency: Symposium Introduction, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law

Temporary Restraining Orders to Enforce Intellectual Property Rights at Trade Shows: An Empirical Study, Marketa Trimble
Brooklyn Law Review

THE HUSKY CASE: FRAUD, BANKRUPTCY, AND VEIL PIERCING, Harvey Gelb
Brooklyn Journal of Corporate, Financial & Commercial Law

A FORK IN THE ROAD: ISSUES SURROUNDING THE LEGALITY OF MANDATORY CLASS ACTION WAIVERS IN ARBITRATION AGREEMENTS, Brielle Oshinsky
Brooklyn Journal of Corporate, Financial & Commercial Law

Malice Maintenance Is “Runnin’ Wild”: A Demand for Disclosure of Third-Party Litigation Funding, Anusheh Khoshsima
Brooklyn Law Review

Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion, Robin Effron
Faculty Scholarship

The New York Court of Appeals' Expansion of the Definition of the Term “Parent” Leaves Future Questions Unanswered, Ilana Sharan
Journal of Law and Policy

No “Gift” Giving Here: The Inadequate Gifted Education Programs in New York State and the Need for Gifted Education Reform, Jamie M. Kautz
Journal of Law and Policy

Cutting Off the Umbilical Cord–Reflections on the Possibility to Sever the Parental Bond, Tali Marcus
Journal of Law and Policy

“Making Bail”: Limiting the Use of Bail Schedules and Defining the Elusive Meaning of “Excessive Bail”, James A. Allen
Journal of Law and Policy

Copyright Infringement in Sound Recording: How Courts and Legislatures Can Get in Vogue in a Post-Ciccone World, Kristen B. Kennedy
Journal of Law and Policy

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky
Faculty Scholarship

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias
Journal of Law and Policy

Legislatively Mandating A CBA Is Not The Way: A Case Study Of Detroit’s Proposed Community Benefits Ordinance And Its Constitutionality Under The Takings Clause Of The Fifth Amendment, Colyn Eppes
Journal of Law and Policy

Fighting For Fair Fares in New York City Through Civil Society Enforcement of Title VI, Sara Amri
Journal of Law and Policy

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias
Journal of Law and Policy

Fighting For Fair Fares in New York City Through Civil Society Enforcement of Title VI, Sara Amri
Journal of Law and Policy

Beyond Walls and Fences: Exploring the Legal Geography of Gated Communities in Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy

Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts in Employment Litigation?, Curtis D. Edmonds
Journal of Law and Policy

Legislatively Mandating A CBA Is Not The Way: A Case Study Of Detroit’s Proposed Community Benefits Ordinance And Its Constitutionality Under The Takings Clause Of The Fifth Amendment, Colyn Eppes
Journal of Law and Policy

Lowering The Threshold: How Far Has The Americans With Disabilities Act Expanded Access To The Courts in Employment Litigation?, Curtis D. Edmonds
Journal of Law and Policy

Reevaluating Attorney-Client Privilege in the Age of Hackers, Anne E. Conroy
Brooklyn Law Review

An Exception to the Derivative Rule: Allowing Mutual Fund Investors to Bring Suits Directly, Jamie D. Kurtz
Brooklyn Law Review

A Bridge too Far: A Critical Analysis of the Securities And Exchange Commission's Approach to Equity Market Regulation, John Polise
Brooklyn Journal of Corporate, Financial & Commercial Law

Beyond Walls and Fences: Exploring the Legal Geography of Gated Communities in Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy

From Systemic Risk to Financial Scandals: The Shortcomings of U.S. Hedge Fund Regulation, Marco Bodellini
Brooklyn Journal of Corporate, Financial & Commercial Law

If We Don’t Bring Them to Court, the Terrorists Will Have Won: Reinvigorating the Anti-Terrorist Act and General Jurisdiction in a Post-Daimler Era, Stephen J. DiGregoria
Brooklyn Law Review

“Hello…it’s me. [Please don’t sue me!]” Examining the FCC’s Overbroad Calling Regulations Under the TCPA, Marissa A. Potts
Brooklyn Law Review

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Brooklyn Journal of Corporate, Financial & Commercial Law

Mandatory Third Party Compliance Examinations for Investment Advisers: An SEC Waterloo?, Mercer Bullard
Brooklyn Journal of Corporate, Financial & Commercial Law

The Choice is (Not) Yours: Why the SEC Must Further Amend Its Rules of Practice to Increase Fairness in Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law

Like a Bad Neighbor, Hackers Are There: The Need for Data Security Legislation and Cyber Insurance in Light of Increasing FTC Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law

Aggregation by Acquisition: Replacing Class Actions With a Market for Legal Claims, Minor Myers, C. Korsmo
Faculty Scholarship

The First Patent Litigation Explosion, Christopher Beauchamp
Faculty Scholarship

Fortifying the Rights of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under the NLRA Would Help End the Cycle of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy

Standing Up For Their Data: Recognizing the True Nature of Injuries in Data Breach Claims to Afford Plaintiffs Article III Standing, Andrew Braunstein
Journal of Law and Policy

Public Interest over Private Prejudice? The Public Interest Exception to the Defense of Laches and the Fourth Circuit's Clean Slate, Christopher A. Mull
Brooklyn Law Review

A Cautionary Look at a Cautionary Doctrine, Andrew W. Fine
Brooklyn Journal of Corporate, Financial & Commercial Law

Will Work For Free: The Legality of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law

The Sixth Pillar of Anti-Money Laundering Compliance: Balancing Effective Enforcement with Financial Privacy, Maria A. de Dios
Brooklyn Journal of Corporate, Financial & Commercial Law

The Customer's Nonwaivable Right to Choose Arbitration in the Securities Industry, Jill I. Gross
Brooklyn Journal of Corporate, Financial & Commercial Law

The New Governance and the Challenge of Litigation Bylaws, Jill E. Fisch
Brooklyn Law Review

Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Brooklyn Journal of International Law

Fashion Forward: The Need for a Proactive Approach to the Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law

Policing in the Era of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook III
Brooklyn Law Review

Adopting the Gay Family, Cynthia Godsoe
Faculty Scholarship

Drug Design Liability: Farewell to Comment K, Aaron Twerski, James A. Henderson Jr.
Faculty Scholarship

Appraisal Arbitrage and the Future of Public Company M&A, Minor Myers, Charles R. Korsmo
Faculty Scholarship

The Problem with FRAND: How the Licensing Commitments of Standard-Setting Organizations Result in the Misvaluing of Patents, David Arsego
Brooklyn Journal of International Law

From Commitment to Compliance: Enforceability of Remedial Orders of African Human Rights Bodies, Roger-Claude Liwanga
Brooklyn Journal of International Law

Ice Cube Bonds: Allocating the Price of Process in Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Faculty Scholarship

Fixing Multi-Forum Shareholder Litigation, Minor Myers
Faculty Scholarship

The Structure of Stockholder Litigation: When Do the Merits Matter, Minor Myers, Charles R. Korsmo
Faculty Scholarship

Changed Circumstances: The Federal Rules of Civil Procedure and the Future of Institutional Reform Litigation after Horne v. Flores, Catherine Y. Kim
Faculty Scholarship

Patenting Nature: A Problem of History, Christopher Beauchamp
Faculty Scholarship

The Relational Contingency of Rights, Alex Stein, Gideon Parchomovsky
Faculty Scholarship

Back to the Future (reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
Faculty Scholarship

Citizens United, Stevens and Humanitarian Law Project: First Amendment Rules and Standards in Three Acts, William D. Araiza
Faculty Scholarship

Resolving the Dilemma of Non-Justiciable Causation in Failure to Warn Litigation, Aaron D. Twerski, Neil B. Cohen
Faculty Scholarship

Reaching Equilibrium in Tobacco Litigation, Aaron D. Twerski, James A. Henderson, Jr.
Faculty Scholarship

Plaintiff Neutrality Principle: Pleading Complex Litigation in the Era of Twombly and Iqbal, Robin Effron
Faculty Scholarship

The Plaintiff Neutrality Principle: Pleading Complex Litigation in the Era of Twombly and Iqbal, Robin Effron
Faculty Scholarship

Procedures for Public Law Remediation in School-to-Prison Pipeline Litigation: Lessons Learned from Antoine v. Winner School District, Catherine Y. Kim
Faculty Scholarship

The Decision of the Corporate Special Litigation Committees: An Empirical Investigation, Minor Myers
Faculty Scholarship

Manufacturers' Liability for Defective Product Designs: The Triumph of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Faculty Scholarship

Federal Criminal Litigation in 20/20 Vision, Susan Herman
Faculty Scholarship

Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins, Aaron D. Twerski
Faculty Scholarship

Asbestos Achievements, Anita Bernstein
Faculty Scholarship

Enhancing Drug Effectiveness and Efficacy Through Personal Injury Litigation, Anita Bernstein
Faculty Scholarship

Chasing the Illusory Pot of Gold at the End of the Rainbow: Negligence and Strict Liability in Design Defect Litigation, Aaron D. Twerski
Faculty Scholarship

"Deport All the Students": Lessons Learned in an X-treme Clinic, Stacy Caplow
Faculty Scholarship

From the Wrong End of the Telescope: A Response to Professor David Bernstein, Aaron D. Twerski, Margaret Berger
Faculty Scholarship

What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
Faculty Scholarship

Secrecy in Context: The Shadowy Life of Civil Rights Litigation, Minna J. Kotkin
Faculty Scholarship

Liability For Direct Advertising of Drugs to Consumers: An Idea Whose Time Has Not Come, Aaron Twerski
Faculty Scholarship

Dependence, Identity, and Abortion Politics, Robin Effron
Faculty Scholarship

The Gatekeeping Role in Civil Litigation and the Abdication of Legal Values in Favor of Scientific Values, Neil B. Cohen
Faculty Scholarship

Reconciling Federal and State Interest in Securities Regulation in the United States and Europe, Roberta S. Karmel
Faculty Scholarship

Product Liability in the United States Supreme Court: A Venture in Memory of Gary Schwartz., Anita Bernstein
Faculty Scholarship

The Communities that Make Standards of Care Possible, Anita Bernstein
Faculty Scholarship

The Secondary Effects of Environmental Justice Litigation: The Case of West Dallas Coalition for Environmental Justice v. EPA, Gregg P. Macey, Lawrence E. Susskind
Faculty Scholarship

Buckley v. Valeo: A Landmark of Political Freedom, Joel Gora
Faculty Scholarship

An Essay on Uncertainty and Fact-Finding in Civil Litigation, with Special Reference to Contract Cases, Alex Stein
Faculty Scholarship

Brandeis, Progressivism, and Commercial Law: Rethinking Benedict v. Ratner, Edward J. Janger
Faculty Scholarship

Treating Sexual Harassment with Respect, Anita Bernstein
Faculty Scholarship

Allocating the Burden of Proof in Sales Litigation, Alex Stein
Faculty Scholarship

The Civil Rights Remedy of the Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider
Faculty Scholarship

Will a New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson
Faculty Scholarship

Market Share - A Tale of Two Centuries, Aaron Twerski
Faculty Scholarship

Under Advisement: Attorney Fee Forfeiture and the Supreme Court, Stacy Caplow
Faculty Scholarship

Integration of Professional Skills into the Law School Curriculum: Where We've Been and Where We're Going, Elizabeth M. Schneider
Faculty Scholarship

Task Force Reports on Women in the Courts: The Challenge for Legal Education, Elizabeth M. Schneider
Faculty Scholarship

Lesbians, Gays and Feminist at the Bar: Translating Personal Experience into Effective Legal Argument - A Symposium, Elizabeth M. Schneider
Faculty Scholarship

Confidence in Probability: Burdens of Persuasion in a World of Imperfect Knowledge, Neil B. Cohen
Faculty Scholarship

Institutional Litigation in the Post-Chapman World, Susan Herman
Faculty Scholarship

Seizing the Middle Ground Between Rules and Standards in Design Defect Litigation: Advancing Directed Verdict Practice in the Law of Tort, Aaron Twerski
Faculty Scholarship

"Value" Judgments: Accounts Receivable Financing and Voidable Preference under the New Bankruptcy Code, Neil B. Cohen
Faculty Scholarship

In Defense of Process, Aaron Twerski, Alvin S. Weinstein, William A. Donaher, Henry R. Piehler
Faculty Scholarship

Shifting Perspective in Product Liability: From Quality to Process Standards, Aaron Twerski, Alvin S. Weinstein, William H. Donaher, Henry R. Piehler
Faculty Scholarship

Pro Se Litigation -- Litigating Without Counsel: Faretta or For Worst, Susan Herman, Ira P. Robbins
Faculty Scholarship

Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Faculty Scholarship

The Use and Abuse of Warnings in Products Liability -- Design Defect Litigation Comes of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler
Faculty Scholarship

On Reading Cramton, Currie & Kay -- Reflections and Prophecies for the Age of Interest Analysis, Aaron Twerski
Faculty Scholarship

Product Liability: A Study of the Interaction of Law and Technology, Aaron Twerski, Alvin S. Weinstein, Henry R. Piehler, William A. Donaher
Faculty Scholarship

Attorney's Securities Law Liabilities, Roberta S. Karmel
Faculty Scholarship