Publications from 2021
Attribution Time: Cal Tinney’s 1937 Quip, “A Switch in Time’ll Save Nine”, John Q. Barrett
Unshackling Plea Bargaining from Racial Bias, Elayne E. Greenberg
Meta Rules for Ordinary Meaning, Anita S. Krishnakumar
Publications from 2020
Space Power, Space Force, and Space Law, Christopher J. Borgen
First Amendment Traditionalism, Marc O. DeGirolami
The Traditions of American Constitutional Law, Marc O. DeGirolami
Categorical Nonuniformity, Sheldon Evans
How Much Justice Can You Afford?, Elayne E. Greenberg and Noam Ebner
The Facebook Oversight Board: Creating an Independent Institution to Adjudicate Online Free Expression, Kate Klonick
What Artificial Intelligence Is Not, Kate Klonick
Backdoor Purposivism, Anita S. Krishnakumar
Congressional Enforcement of International Human Rights, Margaret E. McGuiness
The Power of a Positive Tweet, Patricia G. Montana
Getting it Right by Writing it Wrong: Embracing Faulty Reasoning as a Teaching Tool, Patricia G. Montana and Elyse Pepper
A Crisis in the Caucasus, Mark L. Movsesian
Armenia's Future, Mark L. Movsesian
Bad Faith Restrictions on Public Worship, Mark L. Movsesian
Christian Armenia Under Attack, Mark L. Movsesian
Christianity and the Future of American Conservatism, Mark L. Movsesian
Does the Court Have the Final Word?, Mark L. Movsesian
Losing Faith in the Legal Academy, Mark L. Movsesian
Religious Liberty in COVID-19’s Wake, Mark L. Movsesian
Revisiting the “Armenian Question”, Mark L. Movsesian
The Roberts Court Attempts a Compromise, Mark L. Movsesian
Why the Senate Should Confirm Judge Barrett, Mark L. Movsesian
Real Insider Trading, Michael A. Perino
Convictions as Guilt, Anna Roberts
Economic Analysis of Jewish Law, Keith Sharfman
Unsanitized: Placing Consumers at the Forefront of Relief Efforts, Norman I. Silber and Jeff Sovern
Congress Should Outlaw Contract Clauses Waiving Liability for Negligently Exposing People to COVID, Jeff Sovern
Should colleges be immune if they negligently infect students with COVID-19?, Jeff Sovern
The COVID liability charade: Mitch McConnell’s demand is built on dishonest claims, Jeff Sovern
Recommendations for Online Teaching, St. John's University School of Law Online & Hybrid Teaching Task Force, Renee Nicole Allen, Jennifer Baum, Catherine Baylin Duryea, Robert Ruescher, Courtney Selby, Eric Shannon, Rachel Smith, and Jeff Sovern
Publications from 2019
The "Pink Ghetto" Pipeline: Challenges and Opportunities for Women in Legal Education, Renee Nicole Allen, Alicia Jackson, and DeShun Harris
How Congress can stop Trump’s ‘emergency’, John Q. Barrett
Justice Jackson in the Jehovah's Witnesses' Cases, John Q. Barrett
Will Aruba Finish Off Appraisal Arbitrage and End Windfalls for Deal Dissenters? We Hope So, William J. Carney and Keith Sharfman
Finding Balance: Using Employment Law Problems to Achieve Multiple Learning Goals in Persuasive Legal Writing, Rosa Castello
Offensive Non-Mutual Issue Preclusion Revisited, Edward D. Cavanagh
When a Politician Is Called a ‘Lousy Traitor,’ Should Facebook Censor It?, Jennifer Daskal and Kate Klonick
Jurisprudence as an Expression of Character, Marc O. DeGirolami
The Sickness Unto Death of the First Amendment, Marc O. DeGirolami
Fintech Lending: A Study of Expectations Versus Market Outcomes, Vincent DiLorenzo
Facebook Releases an Update on Its Oversight Board: Many Questions, Few Answers, Evelyn Douek and Kate Klonick
Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders, Elayne E. Greenberg
What Dinosaurs Can Teach Lawyers About How to Avoid Extinction in the ODR Evolution, Elayne E. Greenberg and Noam Ebner
The Faith of My Fathers, Robert H. Jackson and John Q. Barrett
Facebook v. Sullivan: Public Figures and Newsworthiness in Online Speech, Thomas E. Kadri and Kate Klonick
A ‘Creepy’ Assignment: Pay Attention to What Strangers Reveal in Public, Kate Klonick
A Manifesto: Using Empirical Research in Journalism and Scholarship to Understand Big Tech, Kate Klonick
Does Facebook’s Oversight Board Finally Solve the Problem of Online Speech?, Kate Klonick
Facebook’s Federalist Papers, Kate Klonick
For Once, We Have Good News About Facebook and Content Moderators, Kate Klonick
Inside the Team at Facebook That Dealt with the Christchurch Shooting, Kate Klonick
Passive Avoidance, Anita S. Krishnakumar
An Overview of the Regulation Best Interest Rule Package, Christine Lazaro
Business Development Companies – The Basics, Christine Lazaro
Discipline and Policing, Kate Levine
Tried and True: Fair Use Tales for the Telling, Sarah E. McCleskey and Courtney Selby
Live and Learn: Live Critiquing and Student Learning, Patricia G. Montana
Interpreting the Bladensburg Cross Case, Mark L. Movsesian
Masterpiece Cakeshop and the Future of Religious Freedom, Mark L. Movsesian
Tertullian and the Rise of Religious Freedom, Mark L. Movsesian
The Armenian Genocide Today, Mark L. Movsesian
The Devout and the Nones, Mark L. Movsesian
The Lost History of Insider Trading, Michael A. Perino
Arrests as Guilt, Anna Roberts
LEAD Us Not into Temptation: A Response to Barbara Fedders’s “Opioid Policing”, Anna Roberts
Essay: I Choose, You Decide: Structural Tools for Supreme Court Legitimation, Jeremy N. Sheff
Legal Sets, Jeremy N. Sheff
Scope and Justification of the Right of Publicity, Jeremy N. Sheff
Existential Copyright and Professional Photography, Jessica Silbey, Eva E. Subotnik, and Peter DiCola
The Legal Imagination: Studies in the Nature of Legal Thought and Expression, Rachel H. Smith
The Unparalleled Benefits of Teaching Parallelism, Rachel H. Smith
Publications from 2018
The Supreme Court Takes On the Police Use of Cellphone Records, Alex Abdo and Kate Klonick
#SocialJustice: Combatting Implicit Bias in an Age of Millennials, Colorblindness, & Microaggressions, Renee Nicole Allen and DeShun Harris
Cohen’s sentencing clears a path for Congress to uncover the truth, John Q. Barrett
Cult Recovery: A Clinician’s Guide to Working With Former Members and Family, Robin Boyle
The Death of Appraisal Arbitrage: Ending Windfalls for Deal Dissenters, William J. Carney and Keith Sharfman
Building a Culture of Assessment in Law School, Larry Cunningham
The Long Tail of Legal Liberalism, Marc O. DeGirolami
Conservatives, Don’t Put Too Much Hope in the Next Justice, Marc O. DeGirolami and Kevin C. Walsh
Kennedy's Last Term: A Report on the 2017-2018 Supreme Court, Marc O. DeGirolami and Kevin C. Walsh
Punishing Criminals for Their Conduct: A Return to Reason for the Armed Career Criminal Act, Sheldon Evans
... Because "Yes" Actually Means "No": A Personalized Prescriptive to Reactualize Informed Consent in Dispute Resolution, Elayne E. Greenberg
Facebook Released Its Content Moderation Rules. Now What?, Kate Klonick
Facebook v. Sullivan, Kate Klonick
The Civics of Facebook, Kate Klonick
The New Governors: The People, Rules and Processes Governing Online Speech, Kate Klonick
Why The History Of Content Moderation Matters, Kate Klonick
How to Make Facebook’s ‘Supreme Court’ Work, Kate Klonick and Thomas Kadri
How Long is History's Shadow?, Anita S. Krishnakumar
Textualism and Statutory Precedents, Anita S. Krishnakumar
The Canon Wars, Anita S. Krishnakumar and Victoria F. Nourse
Financial Exploitation of the Elderly: An Overview of Regulatory Action, Christine Lazaro
The Regulation of Digital Investment Advice, Christine Lazaro
Interrogation Parity, Kate Levine and Stephen Rushin
Watch or Report? Livestream or Help? Good Samaritan Laws Revisited: The Need To Create a Duty to Report, Patricia G. Montana
American Legion and the Establishment Clause, Mark L. Movsesian
God, Man, and the Law according to Judge Kavanaugh, Mark L. Movsesian