Articles & Chapters

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Submissions from 2020

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A Fiduciary Theory of Prosecution, Bruce A. Green and Rebecca Roiphe

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A Typology of Justice Department Lawyers' Roles and Responsibilities, Rebecca Roiphe

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Cognitive Biases, Dark Patterns, and the ‘Privacy Paradox’, Ari Ezra Waldman

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Consent of the Governed: A Constitutional Norm that the Court Should Substantially Enforce, David Schoenbrod

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Critical Developments in Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, and Andrew Scherer

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Fight the Power, Rebecca Roiphe

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Method Lawyering: Immersion Teaching Illustrated, Kris Franklin

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Prejudice-Based Rights in Criminal Procedure, Justin Murray

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Through the Lens of Restorative Justice: A Re-Humanizing, Susan Abraham

Submissions from 2019

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A Man of Ubuntu: A South African Colleague's Tribute to Stephen Ellmann, Penelope Andrews

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An Alternative Path to Rule of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, and Vorapitchaya Rabiablok

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Are Make Believes Juries as Good for Prosecutors as Real Ones, Rebecca Roiphe

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A World of Steel-Eyed Death: An Empirical Evaluation of the Failure of the Strickland Standard to Ensure Adequate Counsel to Defendants with Mental Disabilities Facing the Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, and Sarah Chatt

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Board Governance for the Twenty-First Century, Faith Stevelman and Sarah C. Haan

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Brief Thoughts on Fair Use and Third-Party Harm: Another Reappraisal of Patrick Cariou v. Richard Prince, Richard H. Chused

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Court-to-School Pipelines: Meeting Special Education Needs for Students on Juvenile Probation in New York, Lisa Grumet

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Education Delayed Is Education Denied, Samantha C. Pownall

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From Chevron to Consent of the Governed, David Schoenbrod

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From Rowley to Endrew F.: The Evolution of a Free Appropriate Public Education for Children with Disabilities, Richard D. Marsico

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Hidden Nondefense: Partisanship in State Attorneys General Amicus Briefs and the Need for Transparency, Lisa Grumet

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Introduction: A Symposium on Special Education Law: Past, Present, and Future, Richard D. Marsico

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Judicial Activism in Trial Courts, Bruce Green and Rebecca Roiphe

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Justice Anthony Kennedy's Free Speech Legacy [comments], Nadine Strossen

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Legal vs. non-legal responses to hateful expression, Nadine Strossen

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Lev on the Links between Legal Evolution, Political Change and Activism, Frank W. Munger

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Penalties: Punishments, Prices, or Rewards?, Robert Blecker

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Power, Process, and Automated Decision-Making, Ari Ezra Waldman

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Privacy's Law of Design, Ari Ezra Waldman

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Prologue: A Jurisprudence of Sport, Robert Blecker

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Punishment without Process: Victim Impact Proceedings for Dead Defendants, Bruce Green and Rebecca Roiphe

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Revisiting Abbe Smith's Question, "Can a Good Person Be a Good Prosecutor?", in the Age of Krasner and Sessions, Rebecca Roiphe

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Safe Social Spaces, Ari Ezra Waldman

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Sculpture, Industrial Design, Architecture, and the Right to Control Use of Publicly Displayed Works, Richard H. Chused

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Some Things Are Too Hot to Touch: Competency, the Right to Sexual Autonomy, and the Roles of Lawyers and Expert Witnesses, Michael L. Perlin, Alison Lynch, and Valerie R. McClain

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“Temporary” Conceptual Art: Property and Copyright, Hopes and Prayers, Richard H. Chused

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Temptation's Page Flies Out the Door: Navigating Complex Systems of Disability and the Law from a Therapeutic Jurisprudence Perspective, Michael L. Perlin and Mehgan Gallagher

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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 Weinstein

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The Strings in the Books Ain't Pulled and Persuaded: How the Use of Improper Statistics and Unverified Data Corrupts the Judicial Process in Sex Offender Cases, Heather Ellis Cucolo and Michael L. Perlin

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The Temperance Movement's Impact on Adoption of Women's Suffrage, Richard H. Chused

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Tribute to Professor Lewis R. Katz: Beloved Mentor, Global Visionary, Entrepreneur, Gerald Korngold

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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Are Anti-Bullying Laws Effective?, Ari Ezra Waldman

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ASK THE PROFESSOR—WHAT IS THE IMPACT OF THE RECENT SECOND CIRCUIT DECISION IN TOWER RESEARCH CAPITAL ON THE GLOBAL FUTURES MARKETS?, Ronald Filler

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Cancer's IP, Jacob S. Sherkow

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

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Central Issues in the Protection of Child Migrants, Mary Crock and Lenni Benson

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Cleaning Out the Statutory Junk, David Schoenbrod

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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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Designing Without Privacy, Ari Ezra Waldman

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Editorial: Special focus on 'Dignity takings and dignity restorations', Penelope Andrews

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Elegy, William P. LaPiana

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Federal Legislative Attacks on Class Actions, Joanne Doroshow

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

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Growing the Resistance: A Call to Action for Transactional Lawyers in the Era of Trump, Gowri Krishna

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Learning to Live with Judicial Partisanship: A Response to Cassandra Burke Robertson, Bruce Green and Rebecca Roiphe

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May Federal Prosecutors Take Direction From The President?, Bruce Green and Rebecca Roiphe

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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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On Desolation Row: The Blurring of the Borders between Civil and Criminal Mental Disability Law, and What It Means to All of Us, Michael L. Perlin, Deborah Dorfman, and Naomi Weinstein

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Privacy, Notice, and Design, Ari Ezra Waldman

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Procedure Deficits in Protection for Immigrant Children in the United States, Lenni Benson and Claire R. Thomas

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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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The Science of Substitution: A Response to Carrier and Minniti, Jacob S. Sherkow

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Trouble Counting to Three: Circuit Splits and Confusion in Interpreting the Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning

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Visual Literacy for the Legal Profession, Richard K. Sherwin

Visual Literacy for the Legal Profession, Richard K. Sherwin

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

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What Is a Misrepresentation “With Respect to” a Debtor’s “Financial Condition” that Must Be in Writing to Render a Claim Nondischargeable?, Marshall E. Tracht

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Whistleblowers - A Case Study in the Regulatory Cycle for Financial Services, Ronald H. Filler and Jerry W. Markham

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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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A Contextual Approach to Harmless Error Review, Justin Murray

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

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Ask the Professor: Will the Recent Supreme Court Case in Salman Result in More CFTC Enforcement Actions Charging Insider Trading?, Ronald H. Filler and Jerry W. Markham

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Bridges II: The Law-STEM Alliance & Next Generation Innovation, Jacob S. Sherkow

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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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Life's hurried tangled road: A therapeutic jurisprudence analysis of why dedicated counsel must be assigned to represent persons with mental disabilities in community settings, Alison Lynch and Michael L. Perlin

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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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Paying for Privacy and the Personal Data Economy, Stacy-Ann Elvy

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Planning for an Aging Population, Bernard A. Krooks and Elizabeth Valentin

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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