Articles & Chapters

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Submissions from 2018

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Administrative Chaos: Responding to Child Refugees - U.S. Immigration Process in Crisis, Lenni Benson

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Can the President Control the Department of Justice?, Bruce Green and Rebecca Roiphe

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Commodifying Consumer Data in the Era of the Internet of Things, Stacy-Ann Elvy

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Contested Visions: The Value of Systems Theory for Corporate Law, Tamara Belinfanti and Lynn A. Stout

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Elegy, William P. LaPiana

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Finding the Forum That Fits: Child Immigrants and Fair Process, Lenni Benson

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Moral Rights: The Anti-Rebellion Graffiti Heritage of 5Pointz, Richard H. Chused

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My Brain Is So Wired; Neuroimaging's Role in Competency Cases Involved Persons with Mental Disabilities, Michael L. Perlin and Alison Lynch

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Taxation of Foreign Persons who Dispose of Interests in Partnerships, Alan Appel and Michael Karlin

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The Historical Significance of Judge Learned Hand: What Endures and Why, Edward A. Purcell Jr.

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'The Pain I Rise Above': How International Human Rights Can Best Realize the Needs of Persons with Trauma-Related Mental Disabilities, Mehgan Gallagher and Michael L. Perlin

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What Authorizes the Image? The Visual Economy of Post-Secular Jurisprudence, Richard Sherwin

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Who's Pretending to Care for Him? How the Endless Jail-to-Hospital-to-Street-Repeat Cycle Deprives Persons with Mental Disabilities the Right to Continuity of Care, Naomi Weinstein and Michael L. Perlin

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Who Will Judge the Many When the Game Is Through: Considering the Profound Differences between Mental Health Courts and Traditional Involuntary Civil Commitment Courts, Michael L. Perlin

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'Your Old Road is/Rapidly Agin': International Human Rights Standards and Their Impact on Forensic Psychologists, the Practice of Forensic Psychology, and the Conditions of Institutionalization of Persons with Mental Disabilities, Michael L. Perlin

Submissions from 2017

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Ancillary Agreements in Real Estate Transactions, Andrew R. Berman, Barry Hines, and Everett Ward

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Can Government Lawyers Be Heroes?, Rebecca Roiphe

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Expanded Reporting Obligations for Financial Institutions in the New World of Tax Transparency, Alan Appel

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Fortuitously Present At The Creation, Arthur S. Leonard

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God Said to Abraham/Kill Me a Son: Why the Insanity Defense and the Incompetency Status Are Compatible with and Required by the Convention on the Rights of Persons with Disabilities and Basic Principles of Therapeutic Jurisprudence, Michael L. Perlin

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Hiding the Ball-Transparency, Tax Law and the U.S. As the World's Favorite Tax Haven, Alan Appel and Leonard Schneidman

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How to Salvage Article I: The Crumbling Foundation of Our Republic, David Schoenbrod

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Hybrid Transactions and the Internet of Things: Goods, Services, or Software?, Stacy-Ann Elvy

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Immigration Adjudication: The Missing Rule of Law, Lenni B. Benson

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Introduction, Brandt Goldstein

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I've Got My Mind Made up: How Judicial Teleology in Cases involving Biologically based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

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Land Use Regulation as a Framework to Create Public Space for Speech and Expression in the Evolving and Reconceptualized Shopping Mall of the Twenty-First Century, Gerald Korngold

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Law and the Poetic Imagination, Richard Sherwin

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New York City's "Universal Access" Legislation: One Giant Leap for the Civil Right to Counsel, Andrew Scherer

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Open to Justice: The Importance of Student Selection Decision in Law School Clinics, Deborah N. Archer

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Patent Law's Reproducibility Paradox, Jacob S. Sherkow

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Patent Protection for CRISPR: An ELSI Review, Jacob S. Sherkow

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Patent Protection for Microbial Technologies, Jacob S. Sherkow

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Promoting Dignity and Preventing Shame and Humiliation by Improving the Quality and Education of Attorneys in Sexually Violent Predator (SVP) Civil Commitment Cases, Heather Ellis Cucolo and Michael L. Perlin

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Rethinking Prosecutors' Conflicts of Interest, Bruce Green and Rebecca Roiphe

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Rights-Based and Tech-Driven: Open Data, Freedom of Information, and the Future of Government Transparency, Beth Simone Noveck

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Social Control of Wealth in Antebellum New York, William P. LaPiana

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Statutory Junk, David Schoenbrod

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Teaching Legal Technology, Camille Broussard, Kathleen Brown, Daniel Cordova, and Sarah Mauldin

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The Duty to Charge in Police Use of Excessive Force Cases, Rebecca Roiphe

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The Harms of Race-Neutrality in Obama-Era Affordable Housing Policy, Richard D. Marsico

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The Insanity Defense: Nine Myths That Will Not Go Away, Michael L. Perlin

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The Judicial Legacy of Louis Brandeis and the Nature of American Constitutionalism, Edward A. Purcell Jr.

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The Practice - and Rule - of Law, Stephen Ellmann

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Tolling For the Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization of Racial Minorities and Women in Institutional Mental Disability Law, Michael L. Perlin and Heather Ellis Cucolo

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Transsexual, Transgender, Trans: Reading Judicial Nomenclature in Title VII Cases, Kris Franklin and Sarah Chinn

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Trust: A Model for Disclosure in Patent Law, Ari Ezra Waldman

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What Changes in American Constitutional Law and What Does Not, Edward A. Purcell Jr.

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Will the Recent Supreme Court Case in Salman Result in More CFTC Enforcement Actions Charging Insider Trading?, Ronald H. Filler

Submissions from 2016

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Advocacy at the Leading Edge of Social Change: The Importance of Front Line Innovators, Frank W. Munger

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A Guide to Understanding the U.S. Tax Consequences of Foreign Person Investing in U.S. Real Property, Alan Appel

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An Empirical Study of Modification and Termination of Conservation Easements: What the Data Suggest about Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, and Lauren Smith

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Behind the Nylon Curtain: Social Cohesion, Law, and the Disaggregation of American Culture, Rebecca Roiphe and Doni Gewirtzman

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Can Prosecutors Be Both Coach and Referee?, Rebecca Roiphe

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Capitalism and Risk: Concepts, Consequences, and Ideologies, Edward A. Purcell

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Caught in the Web: Immigrant Children in Removal Proceedings, Claire R. Thomas and Lenni B. Benson

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Commentary on Evan McKenzie, The Relationship Between the Rise of Private Communities and Increasing Socioeconomic Stratification, Gerald Korngold

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Contemplating the Gap-Filling Role of Social Intrapreneurship, Tamara Belinfanti

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Contracting in the Age of the Internet of Things: Article 2 of the UCC and Beyond, Stacy-Ann Elvy

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Current Issues in Therapeutic Jurisprudence, David Wexler

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Describing Drugs: A Response to Professors Allison and Ouellette, Jacob S. Sherkow

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Do We Need Subject Matter-Specific Pedagogies?, Kris Franklin

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Energy Derivatives: Which Country (U.S. or U.K.) Provides the Best Customer Asset Protections to an Energy Trading Firm If Its Brokerage Firm/Counterparty Files for Bankruptcy, Ronald H. Filler

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Environmental Law: The Role of Congress in Environmental Law, Steven Colloton, David Schoenbrod, Eric Claeys, Matt Leggett, and Nicholas Robinson

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Fighting to Lose the Vote: How the Solider Voting Acts of 1942 and 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning

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Freedom of Speech and Equality: Do We Have to Choose?, Nadine Strossen

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Henry Manne and Nonpublic Company Disclosure, Houman B. Shadab

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Infinity Goes on Trial: Sanism, Pretextuality, and the Representation of Defendants with Mental Disabilities, Michael L. Perlin

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In the Wasteland of Your Mind: Criminology, Scientific Discovieries and the Criminal Process, Michael L. Perlin and Alison Lynch

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Introduction (Symposium: Twenty Years of South African Constitutionalism: Constitutional Rights, Judicial Independence and the Transition to Democracy), Stephen J. Ellmann

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Irwin v. Gavit: Income Is (Sometimes) in the Eye of the Beholder, William P. LaPiana

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Judicial Externships, Mariana Hogan and Michael Roffer

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Justice Harlan's Enduring Importance for Current Civil Liberties Issues, from Marriage Equality to Dragnet NSA Surveillance, Nadine Strossen

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Justice, Reconciliation, and the Masculinist Way: What Role for Women in Truth and Reconciliation Commissions?, Penelope Andrews

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Merchants and Thieves, Hungry for Power: Prosecutorial Misconduct and Passive Judicial Complicity in Death Penalty Trials of Defendants with Mental Disabilities, Michael L. Perlin

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"Mr. Bad Example": Why Lawyers Need to Embrace Therapeutic Jurisprudence to Root Out Sanism in the Representation of Persons with Mental Disabilities, Michael L. Perlin

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Promoting Justice from the Inside: The Counseling Role of Local Government and School District Attorneys, Lisa Grumet

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Protecting Products versus Platforms, Jacob S. Sherkow

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Said I, but You Have No Choice: Why a Lawyer Must Ethically Honor a Client's Decision about Mental Health Treatment Even If It is Not What S/He Would Have Chosen, Michael L. Perlin and Naomi Weinstein

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The Changing Life Science Patent Landscape, Arti K. Rai and Jacob S. Sherkow

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The Decline of Professionalism, Rebecca Roiphe

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The Next Fifteen Years, Melynda Barnhart

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The Struggle for the Rule of Law in South Africa (Symposium: Twenty Years of South African Constitutionalism: Constitutional Rights, Judicial Independence and the Transition to Democracy), Stephen J. Ellmann

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The Trade or Business Issue for Foreign Portfolio Investors: From Safe Harbors to Troubled Waters, Alan Appel and Leonard Schneidman

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Tort Reform: Blocking the Courthouse Door and Denying Access to Justice, Joanne Doroshow

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Unraveling the Law of War, Stephen J. Ellmann

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We Built it and They Did Not Come: Using Governance Theory in the Fight for Food Justice in Low-Income Communities of Color, Deborah N. Archer and Tamara Belinfanti

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When All Else Fails: The Evolution of Customer Asset Protections after Brokerage Bankruptcy, Ronald H. Filler

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Your Corrupt Ways Had Finally Made You Blind: Prosecutorial Misconduct and the Use of Ethnic Adjustments in Death Penalty Cases of Defendants with Intellectual Disabilities, Michael L. Perlin

Submissions from 2015

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Administering Patent Litigation, Jacob S. Sherkow

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Administrating Patent Litigation, Jacob S. Sherkow

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A Postcolonial Theory of Spousal Rape: The Caribbean and Beyond, Stacy-Ann Elvy

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Appropriate(d) Moments, Richard H. Chused

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Are Prosecutors the Constitution's Gatekeepers?, Rebecca Roiphe

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Beyond the Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen

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Complex Experimental Federalism, Doni Gewirtzman

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Creating a Building a Disability Rights Information Center for Asia and the Pacific Clinic: Of Pedagogy and Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, and Stephanie Mendelsohn

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Discussing Advocacy Skills in Traditional Doctrinal Courses, Stephen A. Newman

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Estate Tax Planning in an Income Tax World, William P. LaPiana and Marc S. Beckerman

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Forensic Psychiatry and the Law: Litigation, Advocacy, Scholarship and Teaching, Michael L. Perlin