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Submissions from 2022

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ABA Model Rule 8.4(g), Discriminatory Speech, and the First Amendment, Bruce Green and Rebecca Roiphe

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A Commission on Recognition and Reconstruction for the United States: Illusory or Inspirational?, Penelope Andrews

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Anti-speech Acts and the First Amendment, Richard K. Sherwin

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Civic Anemia: Law Schools Should Give Boosters to Counter its Effects, Anthony W. Crowell

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Eviscerating Patent Scope, Shahrokh Falati

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In Memoriam: The Honorable Robert A. Katzmann, Anthony W. Crowell

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"Insanity Is Smashing up against My Soul": The Fifth Circuit and Competency to Be Executed Cases after Panetti v. Quarterman, Michael L. Perlin and Talia Roitberg Harmon

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Justice Ginsburg’s Legacy: Promoting All Fundamental Freedoms for All People Through Strategic Alliances and Incremental Reform, Nadine Strossen

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Killing Rarity, Shahrokh Falati

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Law and the Persistence of Racial Inequality in America, Frank W. Munger and Carroll Seron

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Meditations on Teaching What Isn't: Theorizing the Invisible in Law and Law School, Kris Franklin

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Private and Public Sector Models for Entrepreneur, Small Business Owner, and Investor Immigration Pathways, Shane Dizon

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Race Across the Curriculum: A Team-Taught Course on Law and Race in America, Edward A. Purcell Jr.

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Race and the Law: The Visible and the Invisible, Edward A. Purcell Jr.

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Seeing Immigration and Structural Racism: It's Where You Put Your Eyes, Lenni Benson

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Sex, Stamina, and Politics, Richard H. Chused

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Strategic Thinking About Racism in American Zoning, Richard H. Chused

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The Intersection of Race, Wealth, and Special Education: The Role of Structural Inequities in the IDEA, Richard D. Marsico

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The Racial Wealth Gap and the Tax Benefits of Homeownership, Ann F. Thomas

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Unpacking the Teaching Potential of a Hypothetical Criminal Case Involving a Cross-Racial Eyewitness Identification, Lynn Su

Submissions from 2021

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Access Denied: How 28 U.S.C. Sec. 1915(g) Violates the First Amendment Rights of Indigent Prisoners, Molly Guptill Manning

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Ask the Professor—How Did the Fifth Circuit Interpret the “Investor Benefit” Requirement Governing Disgorgements in Blackburn, Ronald Filler

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Book Review: Public Legal Education - The Role of Law Schools in Building a More Legally Literate Society (Routledge 2021), Amy Wallace

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Caring for the Souls of Our Students: The Evolution of a Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, and Dana Thompson

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Directed Questions: A Non-Socratic Dialogue about Non-Socratic Teaching, Kris Franklin and Rory Bahadur

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Exploring the Interpretation and Application of Procedural Rules: The Problem of Implicit and Institutional Racial Bias, Edward A. Purcell Jr.

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Gain or Loss of Foreign Persons from Sale or Exchange of Partnership Interests, Alan Appel

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How to Train Your Supervisor, Kris Franklin and Paula J. Manning

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Ineffective Counsel in Death Penalty Cases and the Promise of Therapeutic Jurisprudence, Michael L. Perlin, J.D.

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“I See What Is Right and Approve, but I Do What Is Wrong”: Psychopathy and Punishment in the Context of Racial Bias in the Age of Neuroimaging, Alison Lynch and Michael L. Perlin

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Law, Social Justice, Wokeness and the Protests: Where Do We Go from Here? [notes] Convention, Randy Barnett, Randall Kennedy, Eugene Meyer, John O. McGinnis, Nadine Strossen, and Kenneth K. Lee

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"Man Is Opposed to Fair Play": An Empirical Analysis of How the Fifth Circuit Has Failed to Take Seriously Atkins v. Virginia, Michael L. Perlin, Talia Roitberg Harmon, and Sarah Wetzel

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"My Bewildering Brain Toils in Vain": Traumatic Brain Injury, the Criminal Trial Process, and the Case of Lisa Montgomery, Alison Lynch, Michael L. Perlin, and Heather Ellis Cucolo

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"Pistol Shots Ring out in the Barroom Night": Bob Dylan's "Hurricane" as an Exam (or Course) in Criminal Procedure, Michael L. Perlin

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Policing Procedural Error in the Lower Criminal Courts, Justin Murray

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Power and Possibility in the Era of Right to Counsel, Robust Rent Laws & COVID-19, Erica Braudy and Kim Hawkins

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Richard Stewart's Perennial Question: "How's This Going to Work?", David Schoenbrod

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“SOME MOTHER’S CHILD HAS GONE ASTRAY”: NEUROSCIENTIFIC APPROACHES TO A THERAPEUTIC JURISPRUDENCE MODEL OF JUVENILE SENTENCING, Michael L. Perlin and Alison Lynch

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"Something's Happening Here/but You Don't Know What It Is": How Jurors (Mis)Construe Autism in the Criminal Trial Process, Michael L. Perlin and Heather Ellis Cucolo

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The Biden Administration's First Hundred Days: An LGBTQ Perspective, Arthur S. Leonard

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The Danger of Dissent: A Century of Targeting Immigrants, Lenni Benson

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The Interdependence of Racial Justice and Free Speech for Racists, Nadine Strossen

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United Nations Free Speech Standards as the Global Benchmark for Online Platforms' Hate Speech Policies, Nadine Strossen

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What Will The Tower Research Capital II Ruling Mean For CFTC Enforcement Actions Against Non-U.S. Firms?, Ronald Filler

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Who Should Police Politicization of the DOJ?, Bruce Green and Rebecca Roiphe

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Women Lawyers for Social Causes, Frank W. Munger, Peerawich Thoviriyavej, and Vorapitchaya Rabiablok

Submissions from 2020

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

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A Law-Themed Charter High School Born at New York Law School Remains Indelibly Linked, Amy Wallace

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

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Boards in Information Governance, Faith Stevelman and Sarah C. Haan

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Book Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration, Justin Murray

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Charging Bull, Fearless Girl, Composition, and Copyright, Richard H. Chused

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Classroom to Cyberspace: Preserving Street Law's Interactive and Student-Centered Focus during Distance Learning, Amy Wallace

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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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From Human Rights to Humanity’s Law, Ruti G. Teitel

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INTRODUCTION: What is Real? Authenticity, Transparency, and Trust in the Digital Age of Fashion, Joseph Forgione

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Married Is as Married Does(?), William P. LaPiana

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Method Lawyering: Immersion Teaching Illustrated, Kris Franklin

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Patent Eligibility of Disease Diagnosis, Shahrokh Falati

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Prejudice-Based Rights in Criminal Procedure, Justin Murray

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Protectable "Art": Urinals, Bananas, and Shredders, Richard H. Chused

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See This Empty Cage Now Corrode: The International Human Rights and Comparative Law Implications of Sexually Violent Predator Laws, Michael L. Perlin and Heather Ellis Cucolo

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Software is Scholarship, Houman B. Shadab

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The Makings of a Culturally Savvy Lawyer: Novel Approaches for Teaching and Assessing Cross-Cultural Skills in Law School, Shahrokh Falati

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

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When Prosecutors Politick: Progressive Law Enforcers Then and Now, Bruce Green and Rebecca Roiphe

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You That Build the Death Planes: Bob Dylan, War and International Affairs, Michael L. Perlin

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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Book Review: A NEW ERA FOR MENTAL HEALTH LAW AND POLICY: SUPPORTED DECISION-MAKING AND THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES, Michael L. Perlin

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Book Review: From Prohibited Immigrants to Citizens: The Origins of Citizenship and Nationality in South Africa, Penelope Andrews

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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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Fool Me Once, Shame on You; Fool me Twice, Shame on You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson

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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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Remembrances of Steve Ellmann, Still Present, Susan Abraham, Adele Bernhard, Frank Bress, Carol Buckler, Anna G. Cominsky '05, Anne Goldstein, Lawrence Grosberg, Lisa Grumet, Kim Hawkins, Mariana Hogan, Gowri Krishna, Richard D. Marsico, Howard S. Meyers, Michael L. Perlin, Samantha C. Pownall, Andrew Scherer, Richard Sherwin, Lynn Boepple Su, Claire R. Thomas, and Daniel Warshawsky

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Resisting Hate with Free Speech, Nadine Strossen

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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