Content Posted in 2023
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
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 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
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
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
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
Dropping the Ball: How the Growth of Legalized Sports Betting Threatens the NIL Rights of Collegiate Athletes, Peter Klensch
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
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
Five Mistakes for New Child-Welfare Lawyers to Avoid, Jennifer Baum
Generation X in Law School: How These Law Students are Different from Those Who Teach Them, Joanne Ingham and Robin A. Boyle
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
Human Rights Movements in the Middle East: Global Norms and Regional Particularities, Catherine Baylin Duryea
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, Douglas Smith
In Defense of Moses, Tamar Meshel
It’s A Small World After All: Cultural Competence for Advocates in Dispute Resolution Processes, Elayne E. Greenberg
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 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
Matsushita at Thirty: Has the Pendulum Swung Too Far in Favor of Summary Judgment?, Edward D. Cavanagh
Ninth Amendment Adjudication: An Alternative to Substantive Due Process Analysis of Personal Autonomy Rights, Mark C. Niles
Not in My Atlantic Yards: Examining Netroots’ Role in Eminent Domain Reform, Kate Klonick
Of Systems Thinking and Straw Men, Kate Klonick
On the Hijacking of Airplanes (and Agencies): The FAA, "Agency Capture," and Airline Security, Mark C. Niles
Patching the Patchwork: Moving the Civil Right to Counsel Forward With Key Data, Maria Roumiantseva
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
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
Reverse Confusion and the Justification of Trademark Protection, Jeremy N. Sheff
Settlement Fever: Lawyers, Have You Updated Your Philosophical Map?, Elayne E. Greenberg
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
Social Media: Children’s Lawyer’s Friend and Foe, Jennifer Baum and Sarah N. Fox
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
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 Changed BATNA, Elayne E. Greenberg
The Cheater’s “High”— Harmonize Ethics, Research and Negation Behavior, Elayne E. Greenberg
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
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 Law of Equitable Distribution: When Is Domestic Violence More Than Just a Factor in Divorce?, Ada Tonkonogy
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 Rule of Reason Re-Examined, Edward D. Cavanagh
The Smith Case: Is the Glass Half Full?, Elayne E. Greenberg
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
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
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
Up Close and Personal: Whether or Not You Decide to Report a Confidentiality Exception, Elayne E. Greenberg
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
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