Content Posted in 2023
A 360 Degree View of Roles and Responsibilities Concerning Diminished Capacity: Financial Advisers’ Obligations to Clients, Lawyers Representing Clients, and Lawyers Preparing Their Practices, Elissa Germaine, Nicole G. Iannarone, and Teresa Verges
A Better Way: Uncoupling the Right to Counsel with the Threat of Deportation for Unaccompanied Immigrant Children and Beyond, Laura Barrera
A Business Doing Pleasure: Combating Sex Trafficking by Decriminalizing Sex Work, Annalise Leonelli
A Claims Agent Can Only Profit from the Fees the Clerk of Court Can Charge, Peter Berkanish
A Contract Theory of Academic Freedom, Philip Lee
Activist Extremist Terrorist Traitor, J. Richard Broughton
Acts Like a Lawyer, Talks Like a Lawyer…Non-Lawyer Advocates Representing Parties in Dispute Resolution, Elayne E. Greenberg
A Decedent’s Estate is Barred from Filing Bankruptcy, Howard Poon
A Majority of Courts Reject the Application of the Rules for Disallowance of Claims under Section 502(d) to Administrative Expense Claims, Mairead Cooney
A New Balance of Evils: Prosecutorial Misconduct, Iqbal, and the End of Absolute Immunity, Mark C. Niles
An Overview of BrokerCheck and the Central Registration Depository, Christine Lazaro and Albert Copeland
An Unintended Abolition: Family Regulation During the COVID-19 Crisis, Anna Arons
A Secured Creditor’s Ability to Have an Automatic Stay Lifted Against a Single Asset Real Estate, Zachary Rozycki
A Transfer Made in Connection with a Securities Contract May Not Be Avoided Under Section 546(e) of the Bankruptcy Code, Dennis Mossberg
Avoidance of an Unauthorized Post-Petition Transfer of Intellectual Property Under Section 549 of the Bankruptcy Code, Kathryn-Rose Russotto
A Wall of Hate: Eminent Domain and Interest-Convergence, Philip Lee
Bad Faith Dismissals in Chapter 7, Myah Drouin
Bankruptcy Court Jurisdiction After Executive Benefits Insurance Agency v. Arkison, Keith Sharfman and G. Ray Warner
...because it’s not just about money, Elayne E. Greenberg
Beyond Profit: Rethinking Corporate Social Responsibility and Greenwashing After the BP Oil Disaster, Miriam A. Cherry and Judd F. Sneirson
Beyond Section 230 Liability for Facebook, Nancy S. Kim
Blinding Justice and Video Conferencing?, Elayne E. Greenberg
Border Enforcement as State-Created Danger, Jenny-Brooke Condon and Lori A. Nessel
Camera-Enforced Streets: Creating an Anti-Racist System of Traffic Enforcement, Katie O'Brien
Clarence Thomas: The First Ten Years Looking for Consistency, Mark C. Niles
Compassion Fatigue: Caveat Caregiver?, Jennifer Baum
Compliance with Local Rules will Prevent an Individual Attorney’s Conflict from Imputing to the Entire Firm in a Bankruptcy Proceeding, Salvatore Salerno
Conferring Dignity: The Metamorphosis of the Legal Homosexual, Noa Ben-Asher
Confidentiality: The Illusion and the Reality— Affirmative Steps for Lawyers and Mediators to Help Safeguard Their Mediation Communications, Elayne E. Greenberg
Constitutional Obstacles? Reconsidering Copyright Protection for Pre-1972 Sound Recordings, Eva E. Subotnik and June M. Besek
COVID-19 & The WARN Act During a Bankruptcy Case, Audrey Victor
Creditors Not Precluded From Recovering Debtors’ Commercial Tort Litigation Recovery Through Security Interest, Dana Aprigliano
Debtor Needs to have Benefitted from Fraud to be Barred a Discharge Under 11 U.S.C. § 523(a)(2)(A), Elizabeth Tighe
Debts Based on Fraudulent Misrepresentations of Material Fact may not be Discharged Under § 523(a)(2)(A), Lauren Shoemaker
Didn’t I Cover That in Class? Low-Stakes Technique of Quizzing to the Rescue, Robin A. Boyle
Disinformation and the First Amendment: Fraud on the Public, Wes Henricksen
Dislocation and Relocation: Women in the Federal Prison System and Repurposing FCI Danbury for Men, Anna Arons, Katherine Culver, Emma Kaufman, Jennifer Yun, Hope Metcalf, Megan Quattlebaum, and Judith Resnik
Dropping the Ball: How the Growth of Legalized Sports Betting Threatens the NIL Rights of Collegiate Athletes, Peter Klensch
Education and Democracy from Brown to Plyler, Nicholas Espíritu
Embracing Mother Cabrini's Vision: Pursuing Immigrant Justice in the Classroom and Beyond, Abel Rodríguez
Employing Active-Learning Techniques and Metacognition in Law School: Shifting Energy from Professor to Student, Robin A. Boyle
Ethical Compass: Celebration, Elayne E. Greenberg
Ethical Compass: Three Different Judicial Treatments for Settlement Fever, Elayne E. Greenberg
Ethics Meets the “O” in DR, Elayne E. Greenberg
Exceptions to the General Rule that the Automatic Stay Under Bankruptcy Code Section 362(a) Does not Apply to Non-Debtors, Annmarie Gruick
Exceptions to the Rule: When Non-Debtor Entities are Protected by the Automatic Stay, Isabella Benchetrit
Expanding the Right to Counsel in Eviction Cases: Arguments for and Limitations of "Civil Gideon" Laws in a Post-COVID 19 World, Jennifer S. Prusak
Expanding the Schoolhouse Gate: Public Schools (K-12) and the Regulation of Cyberbullying, Philip Lee
Faith-Based Emergency Powers, Noa Ben-Asher
Five Mistakes for New Child-Welfare Lawyers to Avoid, Jennifer Baum
Free and Clear Sale Under Section 363 of the Bankruptcy Code Prevents Successor Liability, Matthew Bopp
Generation X in Law School: How These Law Students are Different from Those Who Teach Them, Joanne Ingham and Robin A. Boyle
Get Out: Structural Racism and Academic Terror, Renee Nicole Allen
Gig Workers as Essential Workers: How to Correct the Gig Economy Beyond the COVID-19 Pandemic, Miriam A. Cherry and Ana Santos Rutschman
Give Peace a Chance: A Guide to Mediating Child Welfare Cases, Jennifer Baum
Hedge Funds in Bankruptcy, Keith Sharfman and G. Ray Warner
High Anxiety: Racism, the Law, and Legal Education, Elayne E. Greenberg
How is Sex Harassment Discriminatory?, Noa Ben-Asher
How to Critique & Grade Contract Drafting Assignments, Robin A. Boyle, Sue Payne, and David Epstein
Human Rights Movements in the Middle East: Global Norms and Regional Particularities, Catherine Baylin Duryea
Identity Property: Protecting the New IP in a Race-Relevant World, Philip Lee
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, Douglas Smith
In Defense of Moses, Tamar Meshel
In the Shadow of a Myth: Bargaining for Same-Sex Divorce, Noa Ben-Asher
Introduction, Rosemary Salomone
It’s A Small World After All: Cultural Competence for Advocates in Dispute Resolution Processes, Elayne E. Greenberg
Jenny Mollen, Jason Biggs, and How Race and Class Shape the Aftermath of Childhood Accidents, Anna Arons
July 4, 2020: How Will We Celebrate?, Cheryl L. Wade and Elayne E. Greenberg
Keep Your Fingerprints to Yourself: New York Needs a Biometric Privacy Law, Brendan McNerney
Lawyers’ Obligations When Representing Clients With Diminished Capacity, Elissa Germaine
Legal Holes, Noa Ben-Asher
Legalism and Decisionism in Crisis, Noa Ben-Asher
Legal Spirits 048: The Rise of the Nones and American Law, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits 049: A Canticle for Leibowitz & After Virtue, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits 050: Groff v. DeJoy and Religious Accommodation in the Workplace, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits 051: The Biden Administration’s Guidance on Prayer in Public Schools, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits 052: SCOTUS Decides Groff and 303 Creative, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits 053: Tom Berg on Religious Liberty in a Polarized Age, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits 054: Is Classical Law Due for a Comeback?, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 046: Sunday Closing Laws and New Year’s Eve, Mark L. Movsesian and Marc O. DeGirolami
Legal Spirits Episode 047: “Christianity and Constitutionalism”, Mark L. Movsesian and Marc O. DeGirolami
Legislating Morality: Moral Theory and Turpitudinous Crimes in Immigration Jurisprudence, Abel Rodríguez and Jennifer A. Bulcock
Lifting the Automatic Stay after Foreclosures in New York, Andrew Vavricka
Matsushita at Thirty: Has the Pendulum Swung Too Far in Favor of Summary Judgment?, Edward D. Cavanagh
Mysterizing Religion, Marc O. DeGirolami
Ninth Amendment Adjudication: An Alternative to Substantive Due Process Analysis of Personal Autonomy Rights, Mark C. Niles
Non-Income Producing Properties that Never Operated may be Single Asset Real Estate Under the Bankruptcy Code, Paul R. Spagnoli
Not in My Atlantic Yards: Examining Netroots’ Role in Eminent Domain Reform, Kate Klonick
Obligatory Health, Noa Ben-Asher
Of Systems Thinking and Straw Men, Kate Klonick
Of Trauma and Power: Celebrity Sexual Misconduct Tribunals, Noa Ben-Asher
One Test to Rule Them All: Retiring the Dual Standard for Fictional Character Copyrightability in the Ninth Circuit, Kiersten Daly
On the Hijacking of Airplanes (and Agencies): The FAA, "Agency Capture," and Airline Security, Mark C. Niles
Opening Remarks, Shoba Sivaprasad Wadhia
Paradoxes of Health and Equality: When a Boy Becomes a Girl, Noa Ben-Asher
Parole in Place as a Solution for the Immigration Status of Immediate Relatives of U.S. Citizens, Maximiliano Gluzman
Patching the Patchwork: Moving the Civil Right to Counsel Forward With Key Data, Maria Roumiantseva
Personal Injury Tort Claims as Core Proceedings in Bankruptcy Courts—Broad, Narrow, and Intermediate Approaches, Brigid Lynn
Policy Over Publicity: Evaluating Andrew Cuomo's 'Outrageoulsy Ambitious and Irrefutably Smart' Education Spending Dilemma, Colin McKillop
Preempting Justice: “Precrime” in Fiction and in Fact, Mark C. Niles
Presenting a New Instructional Tool for Teaching Law-Related Courses: A Contract Activity Package for Motivated and Independent Learners, Robin A. Boyle, Karen Russo, and Rose Frances Lefkowitz
Professional Development: Anti-Racism and Inclusion in the Practice of Law, Janai Nelson
Property and Prosperity, a Demythifying Story, Xiaoqian Hu
Proposition 22: A Vote on Gig Worker Status in California, Miriam A. Cherry
Providing Structure to Law Students — Introducing the Programmed Learning Sequence as an Instructional Tool, Robin A. Boyle and Lynne Dolle
Punctuated Equilibrium: A Model for Administrative Evolution, Naomi Mezey and Mark C. Niles
Racialized Notions of Professionalism and the Law (2023), Renee Nicole Allen, Seth Goldstein, Jasmine M. Johnson, Pharoah Sutton-Jackson, Reginald Oh, Katherine Macfarlane, Ieisha Humphrey, Andrew Scott, Jonathan Barry-Blocker, Brooke Girley, Jennifer Safstrom, and Julia Mizutani
RBG and the Girls, John Q. Barrett
Ready, Set, Go to Federal Court: The Hague Child Abduction Treaty, Demystified, Jennifer Baum
Re-Imagining Lawyering: Bringing Abolition Into the 1L Curriculum, Anna Arons
Rejecting Honorary Whiteness: Asian Americans and the Attack on Race-Conscious Admissions, Philip Lee
Reverse Confusion and the Justification of Trademark Protection, Jeremy N. Sheff
Rulemaking, Litigation Culture and Reform in Federal Courts, Edward D. Cavanagh
Screening Historical Sexualities: A Roundtable on Sodomy, South Africa, and Proteus, Noa Ben-Asher, R. Bruce Brasell, Daniel Garrett, John Greyson, Jack Lewis, and Susan Newton-King
Settlement Fever: Lawyers, Have You Updated Your Philosophical Map?, Elayne E. Greenberg
Shared Responsibility Payment may be a Tax Entitled to Priority under the Bankruptcy Code, Ashton Bryan
Should There Be a Rule Compelling ADR? Follow the Road Where a Thousand Flowers May Grow, Elayne E. Greenberg
Show Me the Money: Part One, Elayne E. Greenberg
Show Me the Money: Part Two, Monetizing the “Value Added” of Attorneys Who Serve as Mediators and Arbitrators, Elayne E. Greenberg
Six Scandals: Why We Need Consumer Protection Laws Instead of Just Markets, Jeff Sovern
Small Business Owners are Entitled to Exempt Reasonable Compensation from the Bankruptcy Estate, Rachel McGarry
Social Media: Children’s Lawyer’s Friend and Foe, Jennifer Baum and Sarah N. Fox
Solvent Debtors Must Pay the Contractual Post-Petition Interest Rate on Unimpaired Claims, Rayla Aberman
SPACs, Forward-Looking Statements, and Rule 419: Is SEC Rulemaking Needed?, Nicholas Vota
State Criminal Laws Could Be a Light in the Dark for the Hidden Victims of Forced Marriage, Rebekah Marcarelli
Statutory Interpretation and Agency Disgorgement Power, Caprice Roberts
Student Protests and Academic Freedom in an Age of #blacklivesmatter, Philip Lee
Swimming with Broad Strokes: Publishing and Presenting Beyond the LW Discipline, Robin Boyle Laisure and Stephen Paskey
Teaching Law Students Through Individual Learning Styles, Robin A. Boyle and Rita Dunn
That Guy's a Batterer!: A Scarlet Letter Approach to Domestic Violence in the Information Age, Elaine M. Chiu
The Application of 11 U.S.C. § 523(a) to Subchapter V Corporate Debtors Under 11 U.S.C. § 1192(2), Elizabeth Allhusen
The Changed BATNA, Elayne E. Greenberg
The Cheater’s “High”— Harmonize Ethics, Research and Negation Behavior, Elayne E. Greenberg
The Curious Life of In Loco Parentis at American Universities, Philip Lee
The Dischargeability of Money Judgements Versus Property Interests in Arbitration Awards for Domestic Contributions in the Context of Unmarried Couples, Gabriella Hansen
The Effect of Rejection of a Copyright License on a Non-Debtor Licensee, Thomas Meininger
The Emergency Next Time, Noa Ben-Asher
The Empty Promise of the Fourth Amendment in the Family Regulation System, Anna Arons
The Exit Theory of Judicial Appraisal, William J. Carney and Keith Sharfman
The FTAIA and Claims by Foreign Plaintiffs Under State Law, Edward D. Cavanagh
Theft of the American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
The Future Encyclopedia of Luddism, Miriam A. Cherry
The Globalized Practice of Law: Part Two - It’s a Small World After All: Cultural Competence with Your International Brethren, Elayne E. Greenberg
The Griswold 9 and Student Activism for Faculty Diversity at Harvard Law School in the Early 1990s, Philip Lee
The Intersection of the Bankruptcy Courts and FERC, Amanda Gazzo
The Lawmaking Family, Noa Ben-Asher
The Law of Equitable Distribution: When Is Domestic Violence More Than Just a Factor in Divorce?, Ada Tonkonogy
The Myth of Preliminary Due Process for Misdemeanor Prosecutions in New York, Anjali Pathmanathan
The Necessity of Sex Change: A Struggle for Intersex and Transsex Liberties, Noa Ben-Asher
The New Disestablishments, Marc O. DeGirolami
The New Thoreaus, Mark L. Movsesian
The Obligations and Regulatory Challenges of Online Broker-Dealers and Trading Platforms, Christine Lazaro and Teresa J. Verges
“The Past Got Broken Off”: Classifying “Indian” in the Indian Child Welfare Act, Lucia Kello
The Power of Empathy, Elayne E. Greenberg
The Right Family, Noa Ben-Asher and Margot J. Pollans
The Roots of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea
The Rule of Reason Re-Examined, Edward D. Cavanagh
The Smith Case: Is the Glass Half Full?, Elayne E. Greenberg
The Third Circuit Requires Inequitable Conduct by a Higher-Priority Creditor to Equitably Subordinate its Debt to a Lower-Priority Creditor, Caitlyn R. Marino
The True Cost of the Georgia Bar Exam Error, Renee Nicole Allen
The Two Laws of Sex Stereotyping, Noa Ben-Asher
The Unintended Consequence of Settlement Fever and the Rule of Law, Elayne E. Greenberg
The Vanity of Dogmatizing, Marc O. DeGirolami
Tips for Safety Planning for Children of Undocumented Parents, Jennifer Baum
Tips, Tricks, and Strategies for Journal Staff, Saadia Iqbal and Joshua LaPorte
Title Seven Ate Nine? Extending Bostock's Meaning of "Sex" from Title VII to Title IX, Julia L. Shea
Traditionalism Rising, Part I: Defining Traditionalism and Locating It in the Court's 2021 Term, Marc O. DeGirolami
Traditionalism Rising, Part II: Comparing (Liquidated) Originalism and Traditionalism, Marc O. DeGirolami
Traditionalism Rising, Part III: The "Level of Generality" Problem, Marc O. DeGirolami
Traditionalism Rising, Part IV: The Problem of Justification, Marc O. DeGirolami
Traditionalism Rising, Part V: The Problem of Politics, Marc O. DeGirolami
Trauma-Centered Social Justice, Noa Ben-Asher
Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code, Joel Cardoz
Truth and Consequences: What Should a Mediator Ethically Disclose About Her Mediation Style? How Might a Mediator’s Style Compromise a Mediator’s Neutrality?, Elayne E. Greenberg
Two for the Price of One Is a Costly Choice: The Ethical Issues for Lawyer-Mediators Who Consider Drafting Agreements, Elayne E. Greenberg
Twombly’s Seismic Disturbances, Edward D. Cavanagh
Two Valid Approaches for Determining Whether “Taxes” Get Priority in Bankruptcy Cases, Jonathan Fuller
Unaccompanied Children and the Need for Legal Representation in Immigration Proceedings, Sejal Singh
Uncertainty Surrounding Takings Claimants’ Rights in Municipal Bankruptcies, Gillian Deery
Up Close and Personal: Whether or Not You Decide to Report a Confidentiality Exception, Elayne E. Greenberg
U.S. Trustee Fee Increase That Is Not Applicable Uniformly Violates the U.S. Constitution, Malorie Ruggeri
Volume 36, Winter 2023, Issue 3
Was the Colonial Cyberattack the First Act of Cyberwar Against the U.S.? Finding the Threshold of War for Ransomware Attacks, Liam P. Bradley
We Are in this Together: A Faculty-Led Approach to Fostering Innovation in Online Instruction, Courtney Selby and Rachel H. Smith
What Sally Soprano Teaches Lawyers About Hitting the Right Ethical Note in ADR Advocacy, Elayne E. Greenberg
When the Empty ADR Chair is Occupied by a Litigation Funder, Elayne E. Greenberg
When the Price of Settlement Is Ethically Prohibitive: Non-Disparagement Clauses That Apply to Lawyers, Elayne E. Greenberg
When Worldviews Collide—Strategic Advocacy v. a Mediator’s Ethical Obligations, Elayne E. Greenberg
When “Yes” May Actually Mean “No”: Rethinking Informed Consent to ADR Processes, Elayne E. Greenberg
Where to Place the “Nones” in the Church and State Debate? Empirical Evidence from Establishment Clause Cases in Federal Court, Gregory C. Sisk and Michael Heise
Whether a Surety Agreement is an Executory Contract is a Crucial Determination for Both Creditors and Debtors in Bankruptcy, Elizabeth Gomiela
Who Says "I Do"? Reviewing Judith Butler & Gayatri Chakravorty Spivak, Who Sings the Nation-State? Language, Politics, Belonging (2007), Noa Ben-Asher