Content Posted in 2022
A Bankruptcy Court’s “Preference” Towards Mandatory Mediation, Seth Meyer
A Call for an Intersectional Feminist Restorative Justice Approach to Addressing the Criminalization of Black Girls, Donna Coker and Thalia González
A court decision with consequences for languages in HE, Rosemary C. Salomone
A Debtor's Eligibility for Relief Under Subchapter V of Chapter 11, Nicholas Hasbún
A Eulogy for the EULA, Miriam A. Cherry
Affirmative Action Tested: The Constitutionality of “Landscape”, Eric James Seltzer
A Foreign Debtor who Lacks Permanent Residence in the U.S. may Qualify for Florida’s Homestead Exemption, Jenna Kirkland
African-American Entrepreneurs: Integration, Education, and Exclusion, Cheryl L. Wade
Age as a Factor in Determining Discharge of a Debtor’s Student Loan Debt, Julia Merani
Age Discrimination in the On-Demand Economy and Crowdwork, Miriam A. Cherry
A Global System of Work, A Global System of Regulation?: Crowdwork and Conflicts of Law, Miriam A. Cherry
A Hotel Does not Meet the Definition of "Single Asset Real Estate" and may Reorganize Under Subchapter V of Chapter 11 of the Bankruptcy Code, Patrick Canavan
Allowing Trustee Removal for Cause, Sua Sponte, After Notice and a Hearing, Jonathan Grasso
American Home Mortgage, Holdings, Inc. v. Lehman Brothers Inc., Valerie Sokha
Analysis of Courts' Discretion to Enforce Arbitration of Core Claims, Sarah L. Hautzinger
An Assignee Has the Same Right of Non-Dischargeability Under Section 523(a)(2)(B) as the Assignor, Justin W. Curcio
An Exercise in Economics: Determining “Value” Under § 548 of the Bankruptcy Code, Gregory R. Bruno
A Non-Party’s Ability to Assert a Cure Claim Under 365(b)(1)(A) in New York, Brendan Shaw
Another View: Lessons From Pecora Were Ignored, Michael A. Perino
An Oversecured Creditor’s Post-Petition Attorneys’ Fees, Governed by State Law or Federal Law’s 11 U.S.C. 506(b), Charles Lazo
Antitrust Law and Economic Theory: Finding a Balance, Edward D. Cavanagh
A Potential Status Update for the Visual Artists Rights Act: The Role of Social Media Response in Judicial Analysis of Recognized Stature, Olivia Calamia
Application of the Automatic Stay to a Non-Debtor Corporation, Joanna Matuza
Applying the “Applicable” Standard or the Actual Amount: Monthly Rent in a Debtor’s Chapter 13 Plan, Paola Chiarenza
Applying the Automatic Stay to Non-Debtors, Raff Ferraioli
A Prime Brokers Good Faith Defense to Fraudulent Transfers, Michael Maffei
Are Government Creditors Exempt from U.C.C. Article 9 Filing and Perfection Requirements?, Thomas Sica
Are Nonconsensual Third-Party Releases Acceptable in United States Courts, Megan O’Connor
Are Uber and Transportation Network Companies the Future of Transportation (Law) and Employment (Law)?, Miriam A. Cherry
Armenian Golgotha, Mark L. Movsesian
Article III and Bankruptcy Code Standing: Preserving a Party’s Right to Object to a Proposed Reorganization Plan, James Scahill
A Showing of Gross Recklessness Satisfies Section 523(a)(2)(A): Denying Deceivers the Ability to Discharge Debts Related to Fraudulently Obtained Funds, Megan Kuzniewski
Assessing a Cooperative Writing Process in an Undergraduate Legal Writing Course, James A. Croft
Assessing the Two Tests Courts Use to Determine Dischargeability of Student Loan Debt, Sean B. King
Assumption Under Section 365(c)(1) Creates Uncertainty for Debtors, Heather Hili
Astral Appetites, Marc O. DeGirolami
A Sublessee’s Rights in the Face of A Debtor-Sublessor’s Rejection of an Unexpired Lease Under Chapter 11, Adam K. Lau
A Summary of the SEC Study on Investment Advisors and Broker-Dealers, Christine Lazaro
A Taxonomy of Virtual Work, Miriam A. Cherry
Attorney Retention and Disqualification in Bankruptcy, Jessica Stukonis
Availability of Setoff to Foreign Debtors and Representatives in U.S. Courts, Joseph Muschitiello
Avoidability of Foreclosure Sales Under Section 547 of the Bankruptcy Code, Adam Cohen
Bankruptcy Courts’ Power to Recharacterize Debt Claims as Equity, David Saponara
BAPCPA Does Not Require the Chapter 13 Means Test in Individual Chapter 11 Cases, Steven Saal
BAPCPA’s Exception to the Absolute Priority Rule for Individual Chapter 11 Debtors, Christina Kormylo
Beyond Citizens United: Democratizing the Economy in the Wake of the Small-Dollar Revolution, Jay Hedges
Big Tech Is Why I Have (Anti)Trust Issues, Sophie Copenhaver
Book Review: Commercial Litigation in New York State Courts (5th ed.) Edited by Robert L. Haig, Kathryn C. Cole
Borrowers and Bankruptcy Trustees’ Unsuccessful Attempts to Avoid a Mortgage Under the “Splitting-the-Note” Theory, Alana Friedberg
Bring on the Chicken and Hot Oil: Reviving the Nondelegation Doctrine for Congressional Delegations to the President, Loren Jacobson
Can a Bankruptcy Trustee Recover Assets Transferred to a Self-Settled Trust?, Christian Corkery
Can a Consumer Debtor Voluntarily Dismiss Own Chapter 7 Bankruptcy Case?, Shane P. Walsh
Can Cost-Benefit Analysis Help Consumer Protection Laws? Or at Least Benefit Analysis?, Jeff Sovern
Can Software Be a Bankruptcy Petition Preparer?, Thomas Szaniawski
Case Analysis of In re Atlantic Gulf Comtys. Corp., Meagan Mahar
Categorically Caged: The Case for Extending Early Release Eligibility to Inmates with Violent Offense Convictions, Jenna M. Codignotto
Changes to Material Adverse Effect Clauses Following Major Events: Evidence From COVID-19, Vincent Scala
Chapter 11 Liquidations and the Termination of Collective Bargaining Agreements, Cecilia Ehresman
Chapter 13 Plan Cannot Avoid Lien Absent Adversary Proceeding, Michael Buccino
Chapter 13 Plan Must Pay Adequate Protection Payments Prior to Attorney’s Fees, Brian Lacoff
Chapter 15 Recognition is Necessary for Efficient and Consistent Cross-Border Proceedings, Sarah Franzetti
Chevron, Greenwashing, and the Myth of “Green Oil Companies”, Miriam A. Cherry
Children Behind Bars: A Path to Reducing Pre-Adjudicative Detention in the Juvenile Justice System, Rebecca Stark
China and the geopolitics of language in Africa, Rosemary C. Salomone
Circumstances Under Which a Court Will Dismiss a Chapter 11 Filing Made in Bad Faith, Nicholas Wogan
Class Proofs of Claim and Class Certification in Bankruptcy, Ravi Vohra
Clear Channel Outdoor, Inc. v. Knupfer, Thomas Scappaticci
Closing the Justice Gap: A Civil Right to Counsel, Jennifer Prusak, Douglas Smith, and Maria Roumiantseva
Coming to Terms: Using Contract Theory to Understand the Detroit Water Shutoffs, Marissa Jackson Sow
Commemorating the Forgotten Intersection of the Fifteenth and Nineteenth Amendments, Taunya Lovell Banks
Comments on ‘Whiteness as Contract’, Marissa Jackson Sow
Confidential Settlements for Professional Malpractice, Sande L. Buhai
Conflicting Norms: Impact of the Model Law on Chapter 11's Global Restructuring Role, G. Ray Warner
Constitutional Court resets the narrative on Afrikaans, Rosemary C. Salomone
Constitutionality of Non-Uniform Quarterly Fees, Michael Francis Pecorella
Consumer contracts should not be secrets, Theresa Amato and Jeff Sovern
Contract Law & Racial Inequality: A Primer, Danielle Kie Hart
Corporate Social Responsibility and Crowdwashing in the Gig Economy, Miriam A. Cherry
Countering the Big Lie: The Role of the Courts in the Post Truth World, Edward D. Cavanagh
Court decision on language provokes cries of neo-colonialism, Rosemary C. Salomone
Court moves beyond the past in favouring English, Rosemary C. Salomone
Courts Apply a Case-by-Case Analysis in Distinguishing a Meritorious Motion to Disqualify from a Delaying Litigation Tactic, Cathrena Collins
Creditor and Debtor Burdens When Confirming a Chapter 11 Reorganization Plan, Corey Trail
Crises and Compulsory Licenses: Crafting a More Equitable Work-for-Hire Regime for Comic Book Creators, Ron Eniclerico
Crosses and Culture: State-Sponsored Religious Displays in the US and Europe, Mark L. Movsesian
Cyber Commodification, Miriam A. Cherry
Death By Dehumanization: Prosecutorial Narratives of Death-Sentenced Women and LGBTQ Prisoners, Jessica Sutton, John Mills, Jennifer Merrigan, and Kristin Swain
Debt Discharge, Intent and Good Faith, Arielle Cummings
Debunking myths on immigrant education, Rosemary C. Salomone
Deeping Insolvency: A cause of action, a tool of measuring damages, or nothing at all?, Nicholas Santoro
Defense of In Pari Delicto Does Not Affect Trustee Standing, Elizabeth L. Anderson
Defining Residency Under The Federal Homestead Exemption, Sally Profeta
Delaware Bankruptcy Court Trumps an Automatic Stay by Allowing Suit to Terminate a Trademark Licensing Agreement, Olivia Cheung
Despite A Very High Income, Chapter 7 Debtor’s May Succeed, Pamela Frederick
Determining the Meaning of “Instrumentality” in the Bankruptcy Code, Nicholas Panzarella
Determining When Projected Disposable Income Test May Be a Basis for a Post-Confirmation Modification, Steven Ching
Dilution at the Patent and Trademark Office, Jeremy N. Sheff
Discharge Under the Code for ERISA "Fiduciaries", Devin Sullivan
Discharging Non-Filing Co-Debtor Debt Under Chapter 13, Carly Krupnick
Discrimination in Hiring Based on Past Bankruptcy Filing Allowed for Private Employers, Megan Quail
Does NCLB Promote Monolingualism?, Rosemary C. Salomone
Does Section 329 Grant Exclusive Jurisdiction to Bankruptcy Courts?, Samantha M. Tusa
Does the FDCPA Apply in Bankruptcy?, Garam Choe
Does the “Free and Clear” Language in an Order Approving a Sale Pursuant to Section 363(f) of the Bankruptcy Code Bar a Successor Liability Claim?, Stephanie Y. Lin
Dutch court defers decision on English in universities, Rosemary C. Salomone
Duty to Advise of the Legal Risks from Business Transactions, Nicole Strout
Early Retirement Benefits Not Entitled to Severance Priority, Joe Scolavino
Educating English Learners: Reconciling Bilingualism and Accountability, Rosemary C. Salomone
Employment Status for "Essential Workers": The Case for Gig Worker Parity, Miriam A. Cherry
Enforceability of Third-Party Releases in Foreign Proceedings Under Chapter 15, Anastasia Greer
Equitable Subordination of a Claim Depends on Insider Status, Conduct of the Claimant, and if There was Harm, Nicholas Smargiassi
Equitable Subordination- where is applies, what it does, and the Implications that result, Lauren Casparie
Erasing Boundaries: Inter-School Collaboration and its Pedagogical Opportunities, David I.C. Thomson, Ian Gallacher, Amy R. Stein, and Robin Boyle
ERISA Withdrawal Liability Claims Unlikely to Receive Administrative Expense Priority Status in a Chapter 11 Reorganization, Bridget Golden
Establishment’s Political Priority to Free Exercise, Marc O. DeGirolami
Ethical Concerns When Settlement Includes an Agreement About Expungement, Christine Lazaro
Expanding the Settlement Payments Exception in LBO’s, Matthew McNamara
Exploring the Enforceability of Pre-Petition Hindrance Mechanisms to Prevent Bankruptcy, Joshua Eisenson
Extraordinary (Circumstances) Injustice, Melissa Capalbo
Fairness Over Deference: The Shifting Landscape of Creditors Rights to Claims and Debtor Protection Regarding the Issuance of Form 1099-C, Patrick Christensen
Falling Away Into Disease: Disability-Deviance Narratives in American Crime Control, Matt Saleh
FDCPA Claims: Are Intangible Injuries “Concrete” Injuries?, Kimberly Moyal
Fiduciary Duty and the Public Interest, Cheryl L. Wade
Fiduciary Duty - Now and in the Future, Christine Lazaro
Filing for Bankruptcy and Untying the Knot? Not Without Strings Attached, Justin A. Klingenberg
Financial Abuse of the Elderly, Christine Lazaro
Foreword: Racial Capitalism as Legal Analysis, Jay Hedges
Forward Contracts Preference Exception Broadly Construed, Brian King
Funding Faith: The Paycheck Protection Program's Establishment Clause Violation, Brenna Jean O'Connor
Gang Databases: Race and the Constitutional Failures of Contemporary Gang Policing in New York City, Jasmine Johnson
Getting His Clerkship, John Q. Barrett
Giant Eagle, Inc. v. Phar-Mor, Inc., Courtney Pasquariello
Gifting & The Absolute Priority Rule, Brianna Walsh
Giving Heroes Their Shields: Providing More Immunity to the Healthcare Industry During the COVID-19 Pandemic, Gabriella Levine
Giving the Equal Rights Amendment Teeth: A Proposal for Gender Equality Legislation Modeled After the Civil Rights Act of 1964, Samantha Gagnon
Granting Derivative Standing to a Creditors’ Committee, Jordan Milite
Granting Foreign Representatives Automatic Section 108 Relief in Chapter 15 Cases, Andrew J. Zapata
Health Savings Accounts and the Bankruptcy Estate, Michelle Nicotera
Hidden Figures: Wage Inequity and Economic Insecurity for Black Women and Other Women of Color, Cassandra Jones Havard
How Predatory Mortgage Lending Changed African American Communities and Families, Cheryl L. Wade
Human Rights Reporting as Human Rights Governance, Margaret E. McGuiness
Imperialism in the Making of U.S. Law, Nina Farnia
Income Sharing Arrangements and Coding Bootcamps: Boom or Bust for the Blue Collar Breadwinner?, Miriam A. Cherry
Inherent Powers and the Limits of Public Health Fake News, Michael P. Goodyear
In re Awal Bank: Expanding Ability to Avoid Setoff in Chapter 15 Bankruptcy Cases, Jacob Chase
In re J.J. Re–Bar Corp.: The Application of the Anti-Injunction Act, Eric Dostal
In re Kagenvaema: An End-Run Around the “Applicable Commitment Period”, Christopher Hunker
In re Kara Homes, Inc., Anna Drynda
In re Minter-Higgins, Deanna Scorzelli
In re Pichhi; Modifications of Multi-Family Home Mortgages, Patrick McBurney
In re Shamus Holdings, LLC and the Automatic Stay, Matthew Silverman
In re Toft; Section 1506 Public Policy Exception Trumps General Grant of Comity, Malerie Ma
In re Whitehall Jewelers Holdings, Inc., Jonathan Borst
Integrating a Racial Capitalism Framework Into First-Year Contracts: A Pathway to Anti-Capitalist Lawyering, Chaumtoli Huq
Intent in Fair Use, Eva E. Subotnik
Intentional Conduct May Be Required to Prove Defalcation under Section 523(a)(4) In Certain Circuits, Elizabeth Vanderlinde
Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, and Democratic Design, Sheldon Evans
Introduction, Samantha Gagnon
Introduction of Chief Justice Roberts, at the Robert H. Jackson Center, May 17, 2013, John Q. Barrett
Is There a Constitutional Common Good?, R. George Wright
Is Your Retainer Safe?: How In re Two Gales Ensures that Bankruptcy Professionals Keep their Retainer Fees, Jonathan Abramovitz
Italian court pushes back on the race towards English, Rosemary C. Salomone
Jevic's Minimal Impact on Structured Dismissals and Bankruptcy Sales, Victoria R. Giorgio
Judicial Enforcement of Default Interest Rates, Michael Lutfy
Judicial Estoppel: Essentially Locking in Representations Made During Bankruptcy Proceeding, Sophie Tan
Lawrence Walsh, Iran-Contra Counsel, 'Played It Straight', John Q. Barrett
Law Student Laptop Use During Class for Non-Class Purposes: Temptation v. Incentives, Jeff Sovern
Learning Contracts through Current Events: Lawrence Cunningham’s Contracts in the Real World: Stories of Popular Contracts and Why They Matter, Miriam A. Cherry
Legalese, Marc O. DeGirolami
Legal Spirits Episode 039: Praying on the 50-Yard Line (Again), Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 040: Raising the Christian Flag at City Hall, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 041: Learning in War-Time, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 042: Two Blockbuster Decisions at SCOTUS, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 043: The New Thoreaus, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 044: Traditionalism Rising, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 045: 303 Creative at SCOTUS Next Week, Mark L. Movsesian and Marc O. DeGirolami
Lien Preservation Does Not Give Trustee Right to Collect All Debt, Elizabeth Filardi
Linguistic battle sparks revolt against globalisation, Rosemary C. Salomone
Litigation Trustees Not Allowed to Wear Their “Non-Bankruptcy Hats” to Avoid Swap Transactions as Fraudulent Conveyances, Aura M. Gomez Lopez
Locked Out: SORA, SARA and the Need for Defense Counsel Advisals and Judicial Plea Colloquies on Sex Offense-Related Housing Consequences, Matthew Cleaver
Making Sense of Twombly, Edward D. Cavanagh
Marianist Law Schools: Demonstrating the Courage to Be Catholic, David A. Grenardo
May a Bankruptcy Court May Permanently Disbar an Attorney from Practicing Before its District?, Maurice W. Sayeh
May a foreign company liquidate under the U.S. Bankruptcy Code?, Micaela D. Manley
Misappropriation-Based Trademark Liability in Comparative Perspective, Jeremy N. Sheff
Mobilizing Universalism: The Origins of Human Rights, Catherine Baylin Duryea
Morality and Markets: A Comment on Predicting Crime, Miriam A. Cherry
Multilingualism and Multiculturalism: Transatlantic Discourses on Language, Identity, and Immigrant Schooling, Rosemary C. Salomone
Narrowing the Scope of Auditor Duties, David Margulies
Nature Deserves Rights, Too: The Case for a ‘Rights of Nature’ Constitutional Amendment, Michelle Mandler
Negligent Vehicular Homicide Caps a Debtor’s Homestead Exemption, Christine Knoesel
No Mention of “Cure” in Section 363 Means Default Interest Rate Applies, Caitlin Cline
Non-Claim Status of Environmental Clean-Up Injunctions Limited to States, Klevis Peshtani
Non-Consensual Third Party Releases in Chapter 11 Bankruptcy, Craig Lutterbein
No Second Chances: How Courts Have Interpreted Section 109(g)(2) to Prohibit Debtors from Filing a Second Petition within 180 Days, Brian Adelmann
Notice of Bar Date to Employees of a Multinational Corporation May Be Satisfied by Publication, Naffie Lamin
NYS consumer protection bill provides needed safeguards, Jeff Sovern
Objection to Confirmation Based on Senior Creditor Overpayment, Peter Chiaro
Original(ism) Sin, G. Alex Sinha
Our Collective Work, Our Collective Strength, Renee Nicole Allen
Ownership Status of Inherited Retirement Accounts in Bankruptcy, Aron Kaplan
Pandora’s Loot Box, Sheldon Evans
Peer Review Across the Curriculum, Patricia G. Montana
Pension Benefit Guaranty Corporation’s Termination Premiums Constitute Dischargeable Pre-Petition Contingent Claims, Thomas Rooney
People Analytics and Invisible Labor, Miriam A. Cherry
Personal Foul: The Exploitation of NCAA Student-Athletes’ Publicity Rights, Jordan Pamlanye
Police or Regulatory Power Exception to Automatic Stay, Linda Attreed
Preclusive Effect of Pre-Petition State Court Judgments in Nondischargeability Proceedings, Kelly E. Porcelli
Priority Treatment of Employee Severance Compensation Claims, Eric Small
Procedural Due Process Requirements in Bankruptcy Cases, Bryant Churbuck
Professional Fee Enhancements: Determining whether a Professional is entitled to a Fee Enhancement under Section 330 of the Bankruptcy Code, Adrianna R. Grancio
Professional Firm Retention: Determining whether a Professional is a “Professional Person” within Section 327(a) of the Bankruptcy Code, Alexandra Hastings
Prosecutorial Discretion in the Shadow of Advisory Guidelines and Mandatory Minimums, Michael A. Simons
Protecting Fair Use From Algorithms, Internet Platforms, and the Copyright Office: A Critique of the § 512 Study, Mary Kate Sherwood
Protecting Patients or Protecting Government Agencies: Bankruptcy involvement in Medicare/Medicaid Termination, Anthony J. Ienna
Protecting Women's Voices: Preventing Retaliatory Defamation Claims in the #MeToo Context, Nicole Ligon
Pursuing the Dream, Rosemary C. Salomone
Race, Class, and Second Chances: The Impact of Multiple Identities on Reentry and Reintegration, S. David Mitchell
Reckless Abandon: The Shadow of Model Rule 8.4(g) and a Path Forward, Margaret Tarkington
Recovery of Interest on a Tax Underpayment Caused by a Tax Advisor 's Negligence, Jacob L. Todres
Reframing the Monuments: How to Address Confederate Statues in the United States, Jillian Fitzpatrick
Religion without God, Mark L. Movsesian
Religious Rights, Mark L. Movsesian
Remarks at the Naming Ceremony, Robert H. Jackson United States Courthouse, Buffalo, New York, John Q. Barrett
Reply: Clawback to the Future, Miriam A. Cherry and Jarrod Wong
Repossession Does Not Alter Debtor’s Rights in Collateral, Ian Park
Ride Through Option for Real Property Survived BAPCPA, James Lynch
Rights and Wrongs in the Debate Over Single-Sex Schooling, Rosemary C. Salomone
Rising Up Without Pushing Down: Lessons Learned from the Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson
Rule 9011 of the Federal Rule of Bankruptcy Procedure, Nancy Bello
Ruth Bader Ginsburg Litigating Against Gender Discrimination … and Remembering One Such New York Case, John Q. Barrett
Same-Sex Couple deemed “Spouses” for Purposes of the Bankruptcy Code, Michael Rich
Same-Sex Married Debtors May File a Joint Petition for Bankruptcy, Jennifer Arcarola
Save a Friend's Life or Risk Your Freedom: The Dilemma Too Many People Face When Witnessing an Overdose, Jennie M. Miller
S-Corp and QSub Tax Status as Property of the Bankruptcy Estate, Ryan Jennings
Second Circuit Sets a Low Bar for Foreign Debtors Seeking Chapter 15 Relief, Samantha Ruppenthal
Section 362(c)(3): Does It Terminate The Entire Automatic Stay?, Michael Aryeh
Section 365 of the Bankruptcy Code Preempts Provisions of State Dealer Statutes, Andrew Ziemianski
Section 510 (b) of the Bankruptcy Code is to be Interpreted Broadly, James M. Kerins
Self-Employed Debtors Face A Hard Truth When Calculating their Current Monthly Income for the Applicable Commitment Periods under Chapter 13 Plans, Arthur Rushforth
Separate and Unequal: Promoting Racial Equity in Public Schools in the United States and South Africa, Paige Sferrazza
Servicer's Duty to Respond Upon Receipt of Borrower's Notice of Error Concerning its Management of a Loan, Ilayna Guevrekian
Setting Attorneys' Fees in Securities Class Actions: An Empirical Assessment, Lynn A. Baker, Michael A. Perino, and Charles Silver
Sexual Exploitation and the Adultified Black Girl, Mikah K. Thompson
Should a Bankruptcy Court Consider a Debtor’s Social Security Income When Determining Whether His Chapter 13 Plan is Feasible?, Sarah M. Roe
Should the ‘veil’ be banned in higher education?, Rosemary C. Salomone
Small Business Relief in the Time of Covid-19: Deservingness Judgments Lead the PPP to Failure, Blair Hendricks
Smoke & Mirrors: Bankruptcy Relief Remains Elusive for Marijuana Businesses and their Creditors, Todd Plummer
Solving Crimes with 23andMe: DNA Databases and the Future of Law Enforcement, Meghan McLoughlin
Special Education No Man's Land, Adrián E. Alvarez
Still on Patrol: An Argument for Greater Protections for Sunken American State Vessels in International and Foreign Coastal Waters, Sarah Elizabeth Catterson
Student Loans can be Discharged (at Least Partially) in Bankruptcy After All, Carmella Gubbiotti
Subsequent Transferee’s Good Faith for Value Defense: The Second and Ninth Circuit’s Perspective, Alexa Schimp
Taking it to the Bank: The Need for a Federal Legislative Safe Harbor for Financial Institutions Offering Services to State-Legal Marijuana-Related Businesses, Andrew Bloomfield
Tax Malpractice Damages – Return to Fundamentals – Another Court Gets It Right, Jacob L. Todres
Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry
Teaching Gender as a Core Value in Business Organizations Class, Cheryl L. Wade
Technology in Legal Practice: Keeping Ethical Obligations in Mind, Teresa J. Verges and Christine Lazaro
Technology's War on Terror: The Need for Platform Accountability in the Wake of a National Security Crisis, Meagan Schantz
The Ability to Set and Enforce Bar Dates and Determine Untimely Administrative Expense Claims in a Chapter 11 Case, Kayla Nieves
The Applicability of the Eleventh Amendment in Chapter 9 Cases, Christopher J. Pedraita
The Approval of Retirement Contributions in Chapter 13 Payment Plans, Jennifer Hepner
The Barton Doctrine's Applicability to Suits Against Bankruptcy Trustees When the Bankruptcy Court Lacks Jurisdiction Over the Matter, Chelsea Frankel
The Challenge of Retaining Interest for Original Equity Owners, Michael Harary
The Common School Before and After Brown: Democracy, Equality, and the Productivity Agenda, Rosemary C. Salomone
The Continued Growth of the Presumption Against Extraterritoriality and its Impact on the Bankruptcy Code’s Avoidance Provisions, Michael Vandermark
The Curious Absence of Provocation Affirmative Defenses in Assault Cases, Michael S. Dauber
The Differences Between the Right to Setoff Under 11 U.S.C. §553 and 11 U.S.C. §558, Maria Ehlinger
The Downside of English’s Dominance, Rosemary C. Salomone
The Earmarking Doctrine: Can it be Used to Protect Late-Recorded Mortgages in Preference Action?, Michael Benzaki
The Economic Case Against Forced Disclosure of Third Party Litigation Funding, Keith Sharfman
The Effect of Conversion on a Post-Petition Lender’s Superpriority Claim over a Chapter 7 Trustee’s Post-Conversion Administrative Expense Claim, Michael Foster
The Effect of Insider Status on the Court's Approval of a Key Employee Retention Plan, Perry Chresomales
The Effect of Ongoing Civil Litigation on Chapter 11 Reorganization, Kaitlin Fitzgibbon
The Empty Promises of Diversity MOU'S: How the FCC Can Strengthen Commitments to Racial Equity, Jeleesa Omala
The End of French?, Rosemary C. Salomone
The Enforceability of Abatement Provisions, Shantel Castro
The “Especially Heinous” Aggravator: Sharpshooter Bonuses Do Not Belong in Capital Sentencing Law, Taylor Lopa
The Evolution of the Settlement Payment Defense?, Tianja Samuel
The Exception to the Automatic Stays: Determining Whether Revenues are Pledged Special Revenues, Debra March
The Exclusive View v. The Non-Exclusive View: Can a Creditor’s Claim be Dismissed for Failing to Provide Supporting Documentation?, Robert J. Ryan
The Farcical Samaritan’s Dilemma, andré douglas pond cummings
The Features and Limitations of Asbestos Settlement Trusts: A Primer, Michael Quintman
The Fine Art of Rummaging: Successors and the Life Cycle of Copyright, Eva E. Subotnik
The Gamification of Work, Miriam A. Cherry
The Global Dimensions of Virtual Work, Miriam A. Cherry
The IRS Can Offset Post-petition Tax Overpayments Against Pre-petition Tax Liabilities, Kyle J. TumSuden
The Last Lecture: State Anti-SLAPP Statutes and the Federal Courts, Charles W. Adams and Mbilike M. Mwafulirwa
The Law and Economics of Catalyzing Fans, Miriam A. Cherry
The Law and Economics of Corporate Social Responsibility and Greenwashing, Miriam A. Cherry
The Law and Policy of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. McCormick, and Jintong Tang
The Law Review Games, Miriam A. Cherry and Paul M. Secunda
The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship, Robin Boyle
The Mismeasure of Success, Alissa Rubin Gomez
The Myth of the All-Powerful Federal Prosecutor at Sentencing, Adam M. Gershowitz
The Nature of a Parent-Subsidiary Relationship Determines How to Allocate a Refund in a Tax Sharing Agreement, Samuel Cushner
Theorizing Responsibility in the Investor State Dispute Resolution System, Kristen Boon
The Permissibility of Bringing an Action Against Johns-Manville’s Insurers Despite Injunctive Orders, Amanda Hoffman
The Permissibility of Chapter 11 Non-Debtor Release Provisions, Ashraf Mokbel
The Ponzi Scheme Presumption and Fraudulent Conveyances in the 21st Century: It’s not Just Black and White, Gabriella B. Zahn
The Private Antitrust Remedy: Lessons from the American Experience, Edward D. Cavanagh
The Prospect of a Debtor’s Future Employment is a Factor Courts Consider When Discharging Student Loan Debt, Joe Pizzingrillo
The “Prudent Person” Standard in ESOP Breach of Duty of Care Claims, Zien Halwani
The purchaser of a tax lien is the holder of a “tax claim” under 11 U.S.C. §511(a), Andrew Reardon
The Reciprocal Duty of Good Faith Negotiations in Chapter 9 Bankruptcies, John Boersma
The Right to Bear 3D-Printed Firearms: Problems Created by Modern Gunsmithing, Chelsea Karen
The rise of English in academe – A cautionary tale, Rosemary C. Salomone
The Role a Debtor’s Age Plays When Determining Whether to Discharge Student Loan Debt, Joseph Wales
The School Question, Marc O. DeGirolami
The Science of Legal Synthesis, Jennifer M. Cooper
The Sharing Economy and the Edges of Contract Law: Comparing U.S. and U.K. Approaches, Miriam A. Cherry
The Split in the Application of Section 109(a) Requirements to Chapter 15 Cases, Kate Long
The Suspension Clause After Department of Homeland Security v. Thuraissigiam, Jonathan Hafetz
The Uncertain Future of the Unfinished Business Doctrine, Dan Teplin
The (Unnoticed) Revitalization of the Doctrine of Equivalents, Daryl Lim
The Unstoppable Spread of English in the Global University, Rosemary C. Salomone
The Various Methods Circuit Courts use to Define "Initial Transferee" in Fraudulent Transfers, Anthony J. Crasto
The Wills of COVID-19: The Technological Push for Change in New York Trusts and Estates Law, Olivia Visconti
Three Approaches To Applying 11 U.S.C § 546(e)’s “Safe Harbor” To Private LBOs, Shlomo Lazar
Toward a Critical Corporate Law Pedagogy and Scholarship, andré ddouglas pond cummings, Steven A. Ramirez, and Cheryl L. Wade
Tradition and Compelling Interests in Religion Cases, Mark L. Movsesian
True Religion, Marc O. DeGirolami
True Sales or Secured Transactions? The Contract is Not Dispositive, Daniel Mosayov
Trustee's Ability to Waive Individual Debtor’s Attorney-Client Privilege, Rebecca Leaf
Trustees Beware: Reviewing the Circuit Split on Bankruptcy Trustee Personal Liability, Barry Z. Bazian
United States v. White, 365 B.R. 457, Robert Griswold
Victims, Right?, Anna Roberts
Virtual Whistleblowing, Miriam A. Cherry
Volume 34, Summer 2021, Issue 3
Volume 35, Spring 2022, Issue 2
Volume 35, Winter 2022, Issue 1
Volume 36, Summer 2022, Issue 1
What exactly does the term “Fair and Equitable” mean?, Peter Doggett Jr.
When a Critical Vendor may be Insulated from Preference Liability, Michael A. Solimani
When a Priority is Not a Priority: Structured Dismissals and the Priority Rules, Lindsay Lersner
When Public Defenders and Prosecutors Plea Bargain Race – A More Truthful Narrative, Elayne E. Greenberg
Whether a Contract is Divisible for Purposes of Section 365 of the Bankruptcy Code, Christopher Bolz
Whether Foreign Avoidance Claims May Be Asserted Under Chapter 15, Peter I. Collorafi
Whether Funds Transferred From Trust Account Can Be “Property of the Debtor” That Is Subject to a Fraudulent Transfer Claim, Adam C.B. Lanza
Whether Negative Equity is Part of Purchase Money Security Interest?, Vitaly Libman
Whether Non-Spousal Inherited Retirement Accounts Are Exempt Under the Bankruptcy Code, Kimberly Tracey
Whether Puerto Rico’s Exclusion from Chapter 9 is Non-Uniform Within the Meaning of the Bankruptcy Clause of the United States Constitution, Matthew T. Repetto
Whether Rejection of a Trademark License Agreement Terminates the Licensee's Rights to Use the Trademark, Crystal Lawson
Whether Section 327 Professional Persons’ Legal Fees are the Cost of Doing Business in a Chapter 11 Bankruptcy, Christopher Atlee F. Arcitio
Whether Section 522(b)(3) of the Bankruptcy Code Contains an Implied Residency Requirement for Determining Which Exemption Scheme Applies, Christopher McCune
Whether Sovereign Immunity is a Defense for States in Bankruptcy Cases, Melanie Lee
Whether the Absolute Priority Rule Has Been Abrogated in Individual Chapter 11 Cases, Colin Coburn
Whether the Doctrine of Judicial Estoppel Applies if the Debtor Fails To List a Lawsuit in His or Her Bankruptcy Schedules, Joshua Nadelbach
Whether the Equitable Power of the Bankruptcy Court Can Save the Tardy Filing of a Nondischargeability Complaint, Aldo A. Caira III
Whiteness as Contract, Marissa Jackson Sow
Whiteness as Guilt: Attacking Critical Race Theory to Redeem the Racial Contract, Marissa Jackson Sow
White Picket Fences & Suburban Gatekeeping: How Long Island’s Land Use Laws Cement Its Status as One of the Most Segregated Places in America, Jessica Mingrino
Whose Claim is it Anyway?—Direct and Derivative Claims in the Context of Bankruptcy Litigation, Kristen M. Lasak
Why Bigger Is Not Always Better: Dodd-Frank & Its Impact on Small Banks & Businesses, Sarah King
Why English is not enough, Rosemary C. Salomone
Why Standing Matters: Same-Sex Marriage & the Role of the Courts, Marc O. DeGirolami
You Have the Right to Remain Powerless: Deprivation of Agency by Law Enforcement and the Legal and Carceral Systems, Marco Maldonado, Michael Onah, and Jennifer Merrigan