Articles & Chapters

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Submissions from 2010

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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

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Good and Bad, I Defined These Terms, Quite Clear No Doubt Somehow: Neuroimaging and Competency to be Executed after Panetti, Michael L. Perlin

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Guilty by Association? Regulating Credit Default Swaps, Houman B. Shadab

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How Reins Would Improve Environmental Protection Symposium: The EPA at 40, David Schoenbrod

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Immortality of Equitable Balancing, The Response, David Schoenbrod

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In Praise of Martin Chanock, Stephen Ellmann, Heinz Klug, and Penelope Andrews

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Introduction: The Law School's Role in Documenting and Analyzing the Increasingly Rapid Development of Broadband, Michael Botein

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Introduction: The Market Meltdown of 2008 and the Future of Financial Reregulation [article], Faith Stevelman

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Looking Back and Looking Ahead as the Home Mortgage Disclosure Act Turns Thirty-Five: The Role of Public Disclosure of Lending Data in a Time of Financial Crisis, Richard D. Marsico

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Marie Whited Honored with Marian Gould Gallagher Award, Camille Broussard

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Mount Laurel: Hindsight is 20-20 Articles Inspired by the Work of John M. Payne: Discussions of Mount Laurel Today, Richard H. Chused

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New York Recognition of a Legal Status for Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

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Reflections on Substance and Form in the Civil Rights Classroom, Doni Gewirtzman

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Salvation or a Lethal Dose? Attitudes and Advocacy in Right to Refuse Treatment Cases, Michael L. Perlin

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Single Asset Real Estate and Development Projects: The Kara Homes Mistake, Marshall E. Tracht

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Some Horwitzian Themes in the Law and History of the Federal Courts, Edward A. Purcell Jr.

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The Microsoft Chronicles, Rudolph J.R. Peritz

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They Keep It All Hid: The Ghettoization of Mental Disability Law and Its Implications for Legal Education, Michael L. Perlin

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Too Stubborn To Ever Be Governed By Enforced Insanity: Some Therapeutic Jurisprudence Dilemmas in the Representation of Criminal Defendants in Incompetency and Insanity Cases, Michael L. Perlin

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Unasked (and Unanswered) Questions About the Role of Neuroimaging in the Criminal Trial Process, Michael L. Perlin and Valerie McClain

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"With Faces Hidden While the Walls Were Tightening": Applying International Human Rights Standards to Forensic Psychology, Michael L. Perlin

Submissions from 2009

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A Call for the End of the Doctrine of Realignment, Jacob S. Sherkow

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A Change is Gonna Come: The Implications of the United Nations Convention on the Rights of Persons with Disabilities for the Domestic Practice of Constitutional Mental Disability Law, Michael L. Perlin

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American Exceptionalism, the War on Terror, and the Rule of Law in the Islamic World American Exceptionalism - The Federalist Society National lawyers Convention - 2007 III. American Exceptionalism, the War on Terror, and the Rule of Law in the Islamic World, Nadine Strossen

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An Analysis of the Implementation and Impact of the 2004-2005 Amendments to the Community Reinvestment Act Regulations: The Continuting Importance of the CRA Examination Process, Josh Silver and Richard D. Marsico

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Ask the Professor: What Is Margin And How Is It (Or Should Be) Determined?, Ronald Filler

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Ask the Professor: Who Has, Or Who Should Have, Jurisdiction Over CDS Clearing?, Ronald Filler

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Beyond the Divide: The International Covenant on Economic, Social and Political Rights and the World Trade Organization, Robert Howse and Ruti G. Teitel

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Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

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Coming Together After the Crisis: Global Convergence of Private Equity and Hedge Funds, Houman B. Shadab

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Cross-Judging: Tribunalization in a Fragmented but Interconnected Global Order Symposium - The Normalizing of Adjudication In Complex International Governance Regimes: Patterns, Possibilities, and Problems, Ruti Teitel and Robert Howse

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Equality, I Spoke That Word/ As If a Wedding Vow: Mental Disability Law and How We Treat Marginalized Persons, Michael L. Perlin

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Exorcising the Ghosts of Bowers v. Hardwick: Uprooting Invalid Precedents Symposium: The Evolution of Academic Discourse on Sexual Orientation and the Law: A Festschrift in Honor of Jeffrey Sherman, Arthur S. Leonard

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Ex Parte Young and the Transformation of the Federal Courts, 1890-1917 Ex Parte Young Symposium: A Centennial Recognition, Edward A. Purcell Jr.

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Federal Regulation of FIOS and Lightspeed: A Tale of Two Jurisdictional Dilemmas, Michael Botein

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Fighting for the City in Context: William Nelson and the Legal History of New York, William P. LaPiana

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Global Funder, Grassroots Litigator—Judicialization of the Environmental Movement in Thailand, Frank W. Munger

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Globalization and Corporate Social Responsibility: Challenges for the Academy, Future Lawyers, and Corporate Law, Faith Stevelman

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Globalization, Investing in Law, and the Careers of Lawyers for Social Causes—Taking on Rights in Thailand, Frank W. Munger

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Hedge Funds and the Financial Crisis, Houman B. Shadab

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His Brain Has Been Mismanaged with Great Skill: How Will Jurors Respond to Neuroimaging Testimony in Insanity Defense Cases, Michael L. Perlin

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Imagine All the Women: Power, Gender and the Transformative Possibilities of the South African Constitution, Penelope Andrews

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Introduction, Richard D. Marsico

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Introduction: Challenging the School-to-Prison Pipeline, Deborah N. Archer

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Introduction [comments], Andrew Scherer

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Introduction: Feminist Advocacy, Constitutions and Law, Penelope Andrews

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Islam's Fourth Amendment: Search and Seizure in Islamic Doctrine and Muslim Practice, Sadiq Reza

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It’s Doom Alone That Counts: Can International Human Rights Law Be An Effective Source of Rights in Correctional Conditions Litigation?, Michael L. Perlin and Henry A. Dlugacz

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Javins (a.k.a. Saunders) v. First National Realty Corporation, Richard H. Chused

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Lawyering at the Extremes: The Representation of Tom Mooney, 1916-1939, Rebecca Roiphe

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Legal and Policy Choices in the Aftermath of the Subprime and Mortgage Financing Crisis, Gerald Korngold

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Living with the Final Partnership withholding Regulations, Alan Appel and Michael J.A. Karlin

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Marking the Path of the Law, Stephen Ellmann

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Narrative Construction of Legal Reality, The, Richard K. Sherwin

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Only a Sith Thinks Like That: Llewellyn's "Dueling Canons," Thirteen to Sixteen, Michael B.W. Sinclair

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Our Founding Feelings: Emotion, Commitment, and Imagination in Constitutional Culture, Doni Gewirtzman

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Private Conservation Easements: Balancing Private Initiative and the Public Interest, Gerald Korngold

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Racial Disparities in Subprime Home Mortgage Lending in New York City: Meaning and Implications, Richard D. Marsico and Jane Yoo

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Regulating Discourtesy on the Bench: A Study in the Evolution of Judicial Independence, Bruce Green and Rebecca Roiphe

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Regulatory Competition, Choice of Forum and Delaware’s Stake in Corporate Law, Faith Stevelman

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Sanborn v. McLean: Beyond the Limits of Inquiry Notice, Gerald Korngold

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Self-Representation in the International Arena: Removing a False Right of Spectacle, Eugene Cerruti

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Self-Representation in the International Arena: Removing a False Right of Spectacle, Eugene Cerruti

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Sex and Slavery: An Analysis of Three Models of State Human Trafficking Legislation, Melynda Barnhart

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Sim City: Teaching “Thinking Like a Lawyer” in Simulation-Based Clinical Courses, Kris Franklin

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Sixty Years On: The International Human Rights Movement Today, Penelope Andrews

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Talking the Talk, or Walking the Walk? Outcome-Based Regulation of Transnational Investment, Jerry Ellig and Houman B. Shadab

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Teaching with Technology: Is the Pedagogical Fulcrum Shifting, Camille Broussard

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The Clinical Year, Stephen J. Ellmann

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The Decline and Fall of the Dominant Paradigm: Trustworthiness of Case Reports in the Digital Age, William R. Mills

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The History of the New York City Law Department: Fighting for the City by William E. Nelson, Ross Sandler

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The Law and Economics of Hedge Funds: Financial Innovation and Investor Protection, Houman B. Shadab

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The Proxy Advisory & Corporate Governance Industry: The Case for Increased Oversight and Control, Tamara C. Belinfanti

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The Rise of the American Adversary System: America before England, Randolph N. Jonakait

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The Tax Treatment of Cancelled Interest and Penalties on Consumer Debt, Richard C.E. Beck

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The Witness Who Saw, He Left Little Doubt: A Comparative Consideration of Expert Testimony in Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, and Kris Gledhill

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United States v. Stevens: Restricting Two Major Rationales for Content-Based Speech Restrictions A Big Year for the First Amendment, Nadine Strossen

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Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden and Michael L. Perlin

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Which Came First, the Data or the Politics? Disentangling Questions about Women's Aptitude for Science, Carlin Meyer

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Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa, Penelope Andrews

Submissions from 2008

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A Complex(ity) Strategy for Breaking the Environmental Logjam, in Breaking the LogJam: An Environmental Law for the 21st Century, Beth Simone Noveck and David R. Johnson

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Air Pollution: Building on the Successes Breaking the Logjam: Environmental Reform for the New Congress and Administration: Panel III - Climate Change, U.S. Domestic Regulation, and the Future of the Car, David Schoenbrod, Joel Schwartz, and Ross Sandler

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Are Customer Segregated/Secured Amount Funds Properly Protected After Lehman?, Ronald H. Filler

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Baby, Look inside Your Mirror: The Legal Profession's Willful and Sanist Blindness to Lawyers with Mental Disabilities, Michael L. Perlin

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Breaking the Logjam: Environmental Reform for the New Congress and Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, and Katrina Wyman

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Breaking the Logjam: Environmental Reform for the New Congress and Administration, Carol A. Herman, David Schoenbrod, Richard B. Stewart, and Katrina M. Wyman

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Constitutional Law and Values - Version '08 (Not Necessarily and Upgrade), Nadine Strossen

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Constitutional Overview of Post-9/11 Barriers to Free Speech and a Free Press, Nadine Strossen

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Disney Examined; A Case Study in Corporate Governance and CEO Succession, Lawrence Lederman

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Everybody is Making Love/Or Else Expecting Rain: Considering the Sexual Autonomy Rights of Persons Institutionalized because of Mental Disability in Forensic Hospitals and in Asia, Michael L. Perlin

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Everybody Is Making Love/Or Else Expecting Rain: Considering the Sexual Autonomy Rights of Persons Institutionalized Because of Mental Disability in Forensic Hospitals and in Asia, Michael L. Perlin

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Failing Students or Failing Schools?: Holding States Accountable for the High School Dropout Crisis, Deborah N. Archer

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Fending for Themselves: Creating a U.S. Hedge Fund Market for Retail Investors, Houman B. Shadab

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Foreword, Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change, Faith Stevelman

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From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics, Stephen A. Newman