Articles & Chapters

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Submissions from 2020

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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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Method Lawyering: Immersion Teaching Illustrated, Kris Franklin

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Prejudice-Based Rights in Criminal Procedure, Justin Murray

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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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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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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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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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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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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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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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

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

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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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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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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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Race, Law & Inequality, Fifty Years after the Civil Rights Era, Frank W. Munger

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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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Sex, Sexuality, Sexual Offending and the Rights of Persons with Mental Disabilities, Michael L. Perlin, Heather Ellis Cucolo, and Alison Lynch

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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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Vital Tissues of the Spirit: Constitutional Emotions in the Antebellum United States, Doni Gewirtzman

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