Articles & Chapters

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Submissions from 2013

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FCC Ancillary Jurisdiction over Internet and Broadband, Michael Botein

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Federal Trade Commission v. Actavis, Inc. and Reverse-Payment or Pay-for-Delay Settlements, Jacob S. Sherkow

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Filling in the Blanks, William P. LaPiana

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Foreword: Supreme Court Narratives: Law, History, and Journalism, James F. Simon

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Fostering the Human Rights of Youth in Foster Care: Defining Reasonable Efforts to Improve Consequences of Aging out, Ramesh Kasarabada

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From the Particular to the General: Three Federal Rules and the Jurisprudence of the Rehnquist and Roberts Courts, Edward A. Purcell Jr.

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Governmental Conservation Easements: A Means to Advance Efficiency, Freedom from Coercion, Flexibility, and Democracy, Gerald Korngold

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Hedge Fund Governance, Houman B. Shadab

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Humanity Bounded and Unbounded: The Regulation of External Self-Determination under International Law, Robert Howse and Ruti G. Teitel

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Introduction: Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination, Arthur S. Leonard

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John Brown Went Off to War: Considering Veterans’ Courts as Problem-Solving Courts, Michael L. Perlin

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Marriage Rights and the Good Life: A Sociological Theory of Marriage and Constitutional Law, Ari Ezra Waldman

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Mezzanine Debt and Preferred Equity in Real Estate, Andrew R. Berman

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Mobilizing Law for Justice in Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, and Louise Trubek

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Myths About Shareholder Value, Faith Stevelman

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Obscenity & Indecency Law: Why Howl Is Still Silenced Symposium - Mania: The Lives, Literature, and Law of the Beats: Session 2: The Law of Howl: Transcripts, Nadine Strossen

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Online Mental Disability Law Education, a Disability Rights Tribunal, and the Creation of an Asian Disability Law Database: Their Impact on Research, Training and Teaching of Law, Criminology Criminal Justice in Asia, Michael L. Perlin, Heather Ellis Cucolo, and Yoshikazu Ikehara

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Patent Infringement as Criminal Conduct, Jacob S. Sherkow

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Politics, Process, and Mayoral Power: The Story of Ed Koch and the Appointment of Frank Macchiarola as Chancellor of the New York City School, Ross Sandler

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Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May, Ruti G. Teitel

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Revisionists' History: A Foreword, Anthony W. Crowell

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Striking for the Guardians and Protectors of the Mind: The Convention on the Rights of Persons with Mental Disabilities and the Future of Guardianship Law, Michael L. Perlin

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The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity and Due Process, Michael L. Perlin

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Theories of State Compliance With International Law: Assessing the African Union’s Ability to Ensure State Compliance With the African Charter and Constitutive Act, Stacy-Ann Elvy

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There is No Santa Claus: The Challenge of Teaching The Next Generation of Civil Rights Lawyers in a ‘Post-Racial’ Society, Deborah N. Archer

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There Must Be Some Way out of Here: Why the Convention on the Rights of Persons with Disabilities Is Potentially the Best Weapon in the Fight against Sanism, Michael L. Perlin

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They’re Planting Stories In the Press: The Impact of Media Distortions on Sex Offender Law and Policy, Heather Ellis Cucolo and Michael L. Perlin

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Understanding Curtiss-Wright, Edward A. Purcell Jr.

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Visual Jurisprudence, Richard Sherwin

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Wisdom is Thrown into Jail: Using Therapeutic Jurisprudence to Remediate the Criminalization of Persons with Mental Illness, Michael L. Perlin

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Yonder Stands Your Orphan with His Gun: The International Human Rights and Therapeutic Jurisprudence Implications of Juvenile Punishment Schemes, Michael L. Perlin

Submissions from 2012

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A History of Professionalism: Julius Henry Cohen and the Professions as a Route to Citizenship, Rebecca Roiphe

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All Those Like You: Identity Aggression and Student Speech, Ari Ezra Waldman

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Ask the Professor: What is the Impact on MF Global From the Recent UK Supreme Court Decision Involving Lehman Brothers International (Europe)?, Ronald H. Filler

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A Tribute to the Honorable Carmen Beauchamp Ciparick, Penelope Andrews

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Beth Simmons's Mobilizing for Human Rights: A Beyond Compliance Perspective, Robert Howse and Ruti Teitel

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Beyond Economics in Pay for Performance, Tamara C. Belinfanti

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Can a Secured Creditor Be Denied the Right to Credit Bid When the Creditor’s Collateral Is Sold Pursuant to a Chapter 11 Plan of Reorganization?, Marshall E. Tracht

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Confrontation Clause Curiosities: When Logic and Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait

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Credit Risk Transfer Governance: The Good, the Bad, and the Savvy, Houman B. Shadab

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Cutting Municipal Services During Fiscal Crisis: Lessons from the Denial of Services to Condominium and Homeowner Association Owners, Gerald Korngold

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Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt's Development, Randolph N. Jonakait

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Finding Women in Early Modern English Courts: Evidence from Peter King's Manuscript Reports, LLoyd Bonfield

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Globalization through the Lens of Palace Wars: What Elite Lawyers' Careers Can and Cannot Tell Us about Globalization of Law, Frank W. Munger

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Globalization through the Lens of Palace Wars: What Elite Lawyers' Careers Can and Cannot Tell Us about Globalization of Law, Frank W. Munger

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Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht

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Hostile Educational Environments, Ari Ezra Waldman

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Justice's Beautiful Face: Bob Sadoff and the Redemptive Promise of Therapeutic Jurisprudence, Michael L. Perlin

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L'exit Tax Des Personnes Physiques aux USA, Richard C.E. Beck

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Lower Court Constitutionalism: Circuit Court Discretion in a Complex Adaptive System, Doni Gewirtzman

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Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches and Specialized Community Integration, Heather Cucolo and Michael L. Perlin

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Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities, Michael L. Perlin

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Reimagining Criminal Prosecution: Toward a Color-Conscious Professional Ethic for Prosecutors, Justin Murray

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Structuring Investments by Foreign Persons in U.S. Real Estate, Alan Appel

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Superheroes, Bandits, and Cyber-Nerds: Exploring the History and Contemporary Development of the Vigilante, Stephanie Juliano

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Tax Structuring of Foreign Investment in U.S. Real Estate with a N.Y. Twist, Alan Appel and Jack Mandel

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The Cause Lawyer’s Cause, Frank W. Munger

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The Fiscal Crisis as an Opportunity for Criminal Justice Reform: Defenders Building Alliances with Fiscal Conservatives, Randolph N. Jonakait and Larry Eger

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Title: Tax Structuring of Foreign Investment in U.S. Real Estate with a N.Y. Twist, Alan Appel, John P. Barrie, Michael Hirschfeld, and Michael J.A. Karlin

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Tormented: Antigay Bullying in Schools, Ari Ezra Waldman

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What We Are Learning, Stephen Ellmann

Submissions from 2011

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Abandoned Love: The Impact of Wyatt v. Stickney on the Intersection between International Human Rights and Domestic Mental Disability Law, Michael L. Perlin

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Ask the Professor: “OMG! What Did MF Global Do?, Ronald Filler

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Beyond Formalist Sovereignty: Who Can Represent We the People of the United States Today, David Chang

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Competition Within Intellectual Property Regimes: The Instance of Patent Rights, Rudolph J.R. Peritz

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Considering Pathological Altruism in the Law from Therapeutic Jurisprudence and Neuroscience Perspectives, Michael L. Perlin

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Consumer Protection: How U.K. Client Money Rules Differ From U.S. Customer Segregated Rules When A Custodian Firm Fails To Treat Customer Property Properly, Ronald Filler

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Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman

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Exceptions: The Criminal Law's Illogical Approach to HIV-Related Aggravated Assaults, Ari Ezra Waldman

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Foreword: The Past, Present, and Future of Juvenile Justice Reform in New York State, Stephen A. Newman

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Global Finance, Multinationals and Human Rights: With Commentary on Backer's Critique of the 2008 Report by John Ruggie, Faith Stevelman

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Globalizing Conservation Easements: Private Law Approaches for International Environmental Protection, Gerald Korngold

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Happy 65th Birthday: What Now?, Peter J. Strauss

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Ideal of Judicial Independence: Complications and Challenges, The Book Review: Should Judges Obey the Law, Edward A. Purcell Jr.

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Law's Screen Life: Criminal Predators and What to do About Them : Popular Imperatives From Screen-Based Reality, Richard K. Sherwin

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Less than We Might: Meditations on Life in Prison without Parole, Robert Blecker

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Miraculous Year 2010 in United States Gay Rights Law: Anomaly or Tipping Point, The Legal Perspectives on Gender and Sexual Equality: Opinion Article, Arthur S. Leonard

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Negativing Invention, Jacob S. Sherkow

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Online, Distance Legal Education as an Agent of Social Change, Michael L. Perlin

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Response Essay: History, Ideology, and Erie v. Tompkins, Edward A. Purcell Jr.

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Statutory Arteriosclerosis, David Schoenbrod and Melissa Witte

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Tangled Up in Law: The Jurisprudence of Bob Dylan, Michael L. Perlin

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The Ethics of Willful Ignorance, Rebecca Roiphe

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The Foreign Affairs' Power of the European Union: All Hat and No Cattle, Lloyd Bonfield

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The Miraculous Year 2010 in United States' Gay Rights Law: Anomaly or Tipping Point?, Arthur S. Leonard

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The Search for Fair Agency Process: The Immigration Opinions of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson

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Three Statutory Regimes at Impasse: Reverse Payments in Pay-For-Delay Settlement Agreements Between Brand-Name and Generic Drug Companies, Rudolph J.R. Peritz

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Varieties and Complexities of Doctrinal Change: Historical Commentary, Edward A. Purcell Jr.

Submissions from 2010

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2009 – A year of Increased Focus on International Tax Reporting, Alan Appel and Hope Krebs Esq.

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A Bittersweet Heritage: Learning from the Making of South African Legal Culture, Stephen Ellmann

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Above Below, Camille Broussard

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Ask the Professor: How Does the U.K. Client Money Rules Differ from the U.S. Customer Segregated Rules when the Custodian Firm Fails to Treat Customer Property Properly?, Ronald Filler

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Ask the Professor: Portfolio Margining – How Will Dodd-Frank Impact Its Utilization?, Ronald Filler

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As Old as the Hills: Detention and Immigration, Lenni Benson

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Barry Friedman's The Will of the People: Probing the Dynamics and Uncertainties of American Constitutionalism, Edward A. Purcell Jr.

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Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse and Ruti G. Teitel

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Counterparty Regulation and Its Limits: The Evolution of the Credit Default Swaps Market, Houman B. Shadab

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Courts and Temperance “Ladies”, Richard H. Chused

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Curriculum Design and Bar Passage: New York Law School's Experience, Donald H. Zeigler, Joanne Ingham, and David Chang

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Delphic Dictum: How Has the ICJ Contributed to the Global Rule of Law by Its Ruling on Kovoso Kosovo in the ICJ - The Case, Robert Howse and Ruti Teitel