Content Posted in 2024
2024 Sprizzo Award Program, James D. Herschlein, Robert A. O’Hare Jr., and Richard P. Donoghue
A 2020 Agenda For Re-Invigorated Antitrust Enforcement: Four Big Ideas, Edward D. Cavanagh
Ability to assume a contract over the objections of third party beneficiaries or counterparty that is not subject to U.S. personal jurisdiction., Matthew Hanauer
Addressing Racial Inequities in the Criminal Justice System Through A Reconstruction Sentencing Approach, Jelani Jefferson Exum
After the Age of Discretion: Policing and Privacy in a World of Automated Roadway Enforcement, Trayce Hockstad and Lawrence Cappello
Amended Proofs of Claims that Present a new Request for Relief Could be Disallowed, Lianna Meehan
A Negotiation Analysis of Mandatory Arbitration Contracts, Miriam A. Cherry
Anti-Racism Day 2023 - Exploring the Legal Roots of Racial Inequity, Christina Swarns, Vernadette Horne, and Michael A. Simons
Anti-Racism Day 2024 - Access, Challenges, and Solutions, James Forman, Jr.; Vernadette Horne; Michael A. Simons; and Jelani Jefferson Exum
Antitrust Liability Premised, Edward D. Cavanagh
Antitrust Remedies Revisited, Edward D. Cavanagh
A Prepetition Security Interest in Accounts does not Extend to the Post-Petition Sale Proceeds of Real Property, Gabriel Eckstein
A Satire of Law Firm Employment Practices, Miriam A. Cherry
A Simple Solution to an Infinite Problem: Curbing Arbitration Provisions That Exceed the Scope of the Federal Arbitration Act, Michael Russo
Attorneys’ Fees in Antitrust Litigation: Making the System Fairer, Edward D. Cavanagh
A Tyrannosaurus-Rex Aptly Named "Sue": Using a Disputed Dinosaur to Teach Contract Defenses, Miriam A. Cherry
Bend, Don’t Break: Promoting Interagency Collaboration to Enhance Economic Sanctions as a Foreign Policy Tool, Carson Sugg
Better Revision: Encouraging Student Writers to See through the Eyes of the Reader, Patricia Grande Montana
Blind Injustice: The Supreme Court, Implicit Racial Bias, and the Racial Disparity in the Criminal Justice System, Tyler Rose Clemons
Bridging the Legal Writing Skills Gap: Pre-Mediation Statements, Elayne E. Greenberg
Building A Solid Foundation Before Week 1, Louis Jim
Case Concerning Armed Activities on the Territory of the Congo: The ICJ Finds Uganda Acted Unlawfully and Orders Reparations, Margaret E. McGuinness
Chapter 5 Avoidance Actions Can be Sold as Property of The Estate, Enrica Brook
Chutes and Ladders: Nonrefoulement and the Sisyphean Challenge of Seeking Asylum in Hungary, Ashley B. Armstrong
Claims Agents’ Duties and Rights to Compensation May be Restricted, Giuseppina Mammoliti
Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Miriam A. Cherry and Jarrod Wong
Coercive Ideology, Tyler Rose Clemons
Communicating Substance, Jelani Jefferson Exum
Contesting the "Sovereigntists": How to Learn to Stop Worrying and Love International Institutions, Margaret E. McGuinness
Contextualizing the Triggering Event: Colonial White Supremacy, Anti-Blackness, and Black Lives Matter in Italy and the United States, Renee Nicole Allen
Contribution, Claim Reduction, and Individual Treble Damage Responsibility: Which Path to Reform of Antitrust Remedies?, Edward D. Cavanagh
Co-opting Coronavirus, Assailing Asylum, Ashley B. Armstrong
Copyright’s Capacity Gap, Andrew Gilden and Eva E. Subotnik
Corporate Insider Status as a Badge of Fraud Under 11 U.S.C. § 548, Aria Lugo
Courts are Divided on Whether Electric Energy is a "Good" under Section 503(b)(9) of the Bankruptcy Code, Mari Bijimenian
Creditors Have Standing to Bring Derivative Actions Against Delaware LLCs in Bankruptcy, John D. Hayes Jr.
Criminal Courteaucracy, Evelyn Malavé
Date for Determining Subchapter V Eligibility, Frederick Giovanelli
Decentering the Firm: The Limited Liability Company and Low-Wage Immigrant Women Workers, Miriam A. Cherry
"Dependent Contractors" in the Gig Economy: A Comparative Approach, Miriam A. Cherry and Antonio Aloisi
Detrebling Antitrust Damages: An Idea Whose Time Has Come?, Edward D. Cavanagh
Detrebling Antitrust Damages in Monopolization Cases, Edward D. Cavanagh
Developing Standards Under Amended Rule 11 of the Federal Rules of Civil Procedure, Edward D. Cavanagh
Dictionaries Denied: Information Poverty in Michigan Prison Libraries, Nicholas Norton and Meghan McGowan
Discovery In Federal Courts In Support Of Foreign Litigation: Lending A Helping Hand Or Legal Imperialism?, Edward D. Cavanagh
Document Subpoenas and the Moral Dilemma at the Heart of the Privilege Against Self Incrimination, John W. Nields Jr.
Don't Be Cruel: Cruelty, Complicity, Self-Knowledge, and Growth, Sherman J. Clark
Elevating Physician-Patient Relationships in the Shadow of Metric Mania, Benjamin Sundholm
Enterprise Group Restructuring: Dutch Options and United States Enforcement, G. Ray Warner and Michael Veder
Equitable Mootness Doctrine Seems to be Restricted in Application to Complex Reorganizations, Jenna Marshiano
Examining Patent Eligibility, Charles Duan
Exercising the Right to Public Accommodations: The Debate over Single-Sex Health Clubs, Miriam A. Cherry and Miriam A. Cherry
Exploring (Social) Class in the Classroom: The Case of Lucy, Lady Duff-Gordon, Miriam A. Cherry
Exploring the Limits of International Human Rights Law, Margaret E. McGuiness
Federalism and Horizontality in International Human Rights, Margaret E. McGuiness
Fee Shifting, Nominal Damages, and the Public Interest, Maureen Carroll
Felix Frankfurter, Collector of People, John Q. Barrett
Forget Sentencing Equality: Moving from the “Cracked” Cocaine Debate Toward Particular Purpose Sentencing, Jelani Jefferson Exum
From Warfare to Welfare: Reconceptualizing Drug Sentencing During the Opioid Crisis, Jelani Jefferson Exum
Giving Guidance to the Guidelines, Jelani Jefferson Exum
Good Faith Chapter 11 Filings Require the Debtor to Show Valid Reorganization Purpose and Financial Need for Bankruptcy, Daniella Sesto
Having Fun While Learning: Pedagogical Techniques for Teaching Contract Drafting, Robin Boyle
How to Succeed in Business Without Really Trying (Cases): Gender Stereotypes and Sexual Harassment Since the Passage of Title VII, Miriam A. Cherry
Human Trafficking, Cults, & Coercion: The Use of Drugs as a Tool, Robin Boyle Laisure
Illinois Brick: A Look Back and a Look Ahead, Edward D. Cavanagh
Illinois Brick Revisited: An Analysis of a Developing Antitrust Jurisprudence, Edward D. Cavanagh
Innocent-Spouse Relief and Other Tax Remedies in Bankruptcy, Panayiotis Xenakis
In-person court proceedings are dangerous to all involved, especially people of color, Evelyn Malavé, Spencer Smith, Alexandra Smith, and Haley Pessin
In Response to the Remarks by Lawrence H. Summers, Presenting Empirical Data on the Differences in Learning Styles Between Males and Females, Robin Boyle Laisure and Andrea Honigsfeld
Insider may be an alter-ego when it exercises control over a debtor, Delanie Fico
Integration & Transformation: Incorporating Critical Information Literacy and Critical Legal Research into Advanced Legal Research Instruction, Courtney Selby
Intercultural Effectivenss, Mary A. Lynch, Robin Boyle, Rhonda Magee, and Antoinette Sedillo López
Interest Rate Determination Methods in Bankruptcy Chapters 11, 12, and 13, Michael Kleinman
In Whose "Best Interests"? – An International and Comparative Assessment of US Rules on Sentencing of Juveniles, Jelani Jefferson Exum and John W. Head
Issue Preclusion in Complex Litigation, Edward D. Cavanagh
Journalists as Professionals: Rethinking the Professional Exemption under the Fair Labor Standards Act, Edward D. Cavanagh
Judge Frankel’s Fifty-Year-Old Invitation to Reconstruct Sentencing, Jelani Jefferson Exum
Justice Lazansky on “Repose” at Chief Judge Cardozo’s New York Court of Appeals, John Q. Barrett
Legal Spirits 056: Can the NY State Thruway Ban Chick-fil-A?, Mark L. Movsesian
Legal Spirits 057: Historian Richard Brookhiser on Religious Freedom in America, Mark L. Movsesian
Legal Spirits 058: Law & Justice in Shakespeare’s “Measure for Measure”, Mark L. Movsesian
Legal Spirits 059: Daniel McCarthy on “the Other Nones”, Mark L. Movsesian
Legal Spirits 060: Memorial Day, the Knights of Columbus, and the National Park Service, Mark L. Movsesian
Legal Spirits 061: Is a Catholic Charter School Constitutional?, Mark L. Movsesian
Legal Spirits 062: Can a Public School Ask Kids to State Their Religion?, Mark L. Movsesian
Legal Spirits 063: Ethnic Cleansing in Nagorno-Karabakh, One Year Later, Mark L. Movsesian
Lessons from the Carnegie and Best Practices Reports: A Look at St. John's University School of Law's Street Law Program as a Model for Teaching Professional Skills, Patricia Grande Montana
Lethal Immigration Enforcement, Abel Rodríguez
Loosen Up: The Follies of Strict Construction as Applied to a Statutory Tribal Sovereign Immunity Waiver, Joseph M. Raimondi
Low-Income Litigants in the Sandbox: Court Record Data and the Legal Technology A2J Market, Claire Johnson Raba
Making the Punishment Fit the (Computer) Crime: Rebooting Notions of Possession for the Federal Sentencing of Child Pornography Offenses, Jelani Jefferson Exum
Markets for Markets: Origins and Subjects of Information Markets, Miriam A. Cherry and Robert L. Rogers
Medellin, Norm Portals, and the Horizontal Integration of International Human Rights, Margaret E. McGuinness
Medellin v. Texas: Supreme Court Holds ICJ Decisions under the Consular Convention Not Binding Federal Law, Rejects Presidential Enforcement of ICJ Judgments over State Proceedings, Margaret E. McGuiness
Merging the Bench, Bar, and Law Schools: How a Student Scholars Program Achieves Professional Identity Through Scholarly Writing, Mentorship, and Presentation, John C. Foley, Robin Boyle Laisure, and Troy Kessler
Multilateralism and War: A Taxonomy of Institutional Functions, Margaret E. McGuiness
Nearsighted and Colorblind: The Perspective Problems of Police Deadly Force Cases, Jelani Jefferson Exum
Not-So-Arbitrary Arbitration: Using Title VII Disparate Impact Analysis to Invalidate Employment Contracts That Discriminate, Miriam A. Cherry
Officers of Administration and Faculty
Old W(h)ine, Old Bottles: A Reply to Professor Paulsen, Margaret E. McGuiness
"One Good Man": The Jacksonian Shape of Nuremberg, John Q. Barrett
Outside the Margins: Journal Alternatives for Professional Skill and Identity Development, Eric W. Shannon
"Over-Kill": The Ramifications of Applying New York's Anti-Terrorism Statute Too Broadly, Louis Jim
Ownership of Social Media Accounts in Bankruptcy Cases, Garrity Kuester
Pleading and Advocating a Negligence Claim through the Regulation Best Interest Lens, Christine Lazaro and Michael S. Edmiston
Pleading Rules in Antitrust Cases: A Return to Fact Pleading?, Edward D. Cavanagh
Prediction Markets and the First Amendment, Miriam A. Cherry and Robert L. Rogers
Preparing 1Ls for Persuasive Communication by Integrating Procedural Rules and Substantive Law, Louis Jim
Presumed Punishable: Sentencing on the Streets and the Need to Protect Black Lives Through a Reinvigoration of the Presumption of Innocence, Jelani Jefferson Exum
Prison Health Care after the Affordable Care Act: Envisioning an End to the Policy of Neglect, Evelyn Malavé
Problems With Authority, Amy J. Griffin
Protecting Unsanctioned Street Art Under the Visual Artists Rights Act of 1990, Thomas Goddard
Reassessing Concurrent Tribal–State–Federal Criminal Jurisdiction in Kansas, John J. Francis, Stacy L. Leeds, Aliza Organick, and Jelani Jefferson Exum
Reconstruction Sentencing: Reimagining Drug Sentencing in the Aftermath of the War on Drugs, Jelani Jefferson Exum
Referenda to Secure the Rights of Incarcerated People, Jaclyn Kurin
Reflections of a First-Time Expert Witness, Jelani Jefferson Exum
Return to Missouri v. Holland: Symposium Foreword, Margaret E. McGuiness
RFRA and the New Thoreaus, Mark L. Movsesian
Rigid Rideshares and Driver Monitoring, Seth D. Goldstein
Rigid Rideshares and the Driver Flexibility Myth, Seth Goldstein
Robert H. Jackson's Oral Arguments Before the New York Court of Appeals, John Q. Barrett
Russia’s Alleged Nuclear Anti-Satellite Weapon: International Law and Political Rhetoric, Christopher J. Borgen
Sanchez-Llamas, American Human Rights Exceptionalism and the VCCR Norm Portal, Margaret E. McGuiness
Section 363(m) is Not a Jurisdictional Constraint on Appellate Review of Property Transfers, Agustin Bujanda
Section 546(e) Safe Harbor Provision Applies to Transactions Involving Private Securities, Nino Aspanadze
Sending the Message to Students That Revising Means Seeing Their Work Through New Eyes, Patricia Grande Montana
Sentencing Disparities and the Dangerous Perpetuation of Racial Bias, Jelani Jefferson Exum
Sentencing, Drugs, and Prisons: A Lesson from Ohio, Jelani Jefferson Exum
Service of a Subpoena through Alternative Means: Social Media, Tayler Eynon
Should Death Be So Different?: Sentencing Purposes and Capital Jury Decisions in an Era of Smart on Crime Sentencing Reform, Jelani Jefferson Exum
Small Teaching, Big Impact, Ashley B. Armstrong
Some Quick Thoughts on the Oklahoma Charter School Case, Mark L. Movsesian
Strict Liability for Genetic Privacy Violations in the Age of Big Data, Benjamin Sundholm
That is Enough Punishment: Situating Defunding the Police Within Antiracist Sentencing Reform, Jalila Jefferson-Bullock and Jelani Jefferson Exum
The August 1, 1983 Amendments to the Federal Rules of Civil Procedure: A Critical Evaluation and a Proposal for More Effective Discovery through Local Rules, Edward D. Cavanagh
The Beauty of Shorts: Ten Tips on Writing a Publishable Short Piece, Robin Boyle Laisure and Brooke J. Bowman
The Blind Leading the Blind: What if They’re Not all Visual or Tactile Learners?, Robin A. Boyle and James B. Levy
The Case for Limiting the Use of Technology to Teach, Patricia Grande Montana
The Critique is on the Glass: The Extension of Museum-Presentation Techniques to Substantively Advance Law School Pedagogy, Rachel H. Smith
The Death Penalty on the Streets: What the Eighth Amendment Can Teach About Regulating Police Use of Force, Jelani Jefferson Exum
The FTAIA and Empagran: What Next, Edward D. Cavanagh
The FTAIA and Subject Matter Jurisdiction over Foreign Transactions under the Antitrust Laws: The New Frontier in Antitrust Litigation, Edward D. Cavanagh
The Illinois Brick Dilemma: Is There a Legislative Solution?, Edward D. Cavanagh
The Influence of Past Racism on Criminal Injustice: A Review of The New Jim Crow and The Condemnation of Blackness, Jelani Jefferson Exum
The Internationalism of Justice Harry Blackmun, Margaret E. McGuinness
The More Things Change: A Psychological Case Against Allowing the Federal Sentencing Guidelines to Stay the Same in Light of Gall, Kimbrough, and New Understandings of Reasonableness Review, Jelani Jefferson Exum
The oppression of ‘tolerance’ in Guyana, Ashley B. Armstrong
The President, Congress and the Security Council: Counterterrorism and the Use of Force Through the Internationalist Lens, Margaret E. McGuiness
The Regulatory Power Exception to the Automatic Stay, Kathleen Gatti
The Relevance of Administrative Considerations in the Judicial Decisionmaking Process: A Kantian Perspective, Edward D. Cavanagh
The Role of Data in Mission-Focused Law School Leadership, Jelani Jefferson Exum
The Stories We (Don’t) Tell: Using Case Briefing to Explore Bias and Oppression in the Law, Ashley B. Armstrong
The (Un)Fair Credit Reporting Act: How Courts Have Undermined the Protections of the FCRA, Jagjot Singh
Thompson v. Clark and the “Reasonable” Policing of Marginalized Families, Anna Arons
Three Narratives of Medellín v. Texas, Margaret E. McGuiness
Tiresias and the Justices: Using Information Markets to Predict Supreme Court Decisions, Miriam A. Cherry and Robert L. Rogers
Transforming Legal Sex, Noa Ben-Asher
Trapped: Cycles of Violence and Discrimination Against Lesbian, Gay, Bisexual, and Transgender Persons in Guyana, Ashley B. Armstrong
Trinko: A Kinder, Gentler Approach to Dominant Firms Under the Antitrust Laws?, Edward D. Cavanagh
Undoing Undue Influence: How the Doctrine Can Avoid Judicial Subjectivity by Omitting the Vulnerability Element, Robin Boyle Laisure
Unsticking American Tort Theory, Benjamin Sundholm
Utah v. Strieff and Teaching Analysis, Lisa A. Tucker
Vertical Price Restraints after Leegin, Edward D. Cavanagh
Volume 36, Spring 2023, Number 4
We Persevere and We Win: Judge Ketanji Brown Jackson and the Joy of Justice, Jelani Jefferson Exum and Jalila Jefferson-Bullock
What's Happening with Child Pornography Sentencing?, Jelani Jefferson Exum
What’s the Point? The Missing Piece of Criminal Justice Reform through Consensus and Compromise, Jelani Jefferson Exum
What the Warhol Court Got Wrong: Use as an Artist Reference and the Derivative Work Doctrine, Jessica Silbey and Eva E. Subotnik
Where Black Lives Matter Less: Understanding the Impact of Black Victims on Sentencing Outcomes in Texas Capital Murder Cases from 1973 to 2018, Jelani Jefferson Exum and David Niven
Whether Electricity is a "Good" Under 11 U.S.C. § 503(b)(9), Zhiqian Ke
Whistling in the Dark? Corporate Fraud, Whistleblowers, and the Implications of the Sarbanes-Oxley Act for Employment Law, Miriam A. Cherry
Why Algorithmic Pricing Rather Benefits Consumers, Keith Sharfman
Why March To A Uniform Beat? Adding Honesty and Proportionality to the Tune of Federal Sentencing, Jelani Jefferson Exum
Women as Architects of Peace: Gender and the Resolution of Armed Conflict, Margaret E. McGuiness
Working for (Virtually) Minimum Wage: Applying the Fair Labor Standards Act in Cyberspace, Miriam A. Cherry
Working (with) Workers: Implementing Theory, Miriam A. Cherry
You Shall Not Pass! How the Dublin System Fueled Fortress Europe, Ashley B. Armstrong