Publications from 2015
No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’s Law Clerk, John Q. Barrett
Law, Rhetoric, Strategy: Russia and Self-Determination Before and After Crimea, Christopher J. Borgen
Federal Civil Litigation at the Crossroads: Reshaping the Role of the Federal Courts in Twenty-First Century Dispute Resolution, Edward D. Cavanagh
Using Principles from Cognitive Behavioral Therapy to Reduce Nervousness in Oral Argument or Moot Court, Larry Cunningham
Constitutional Contraction: Religion and the Roberts Court, Marc O. DeGirolami
The Empty Bromide of Religious Neutrality, Marc O. DeGirolami
It's Alive!: How Early Common Law Changes in the Right Against Self-Incrimination Inform the Right's Continuing Relevance, Sheldon Evans
Taking Back the Streets? How Street Art Ordinances Constitute Government Takings, Sheldon Evans
Sub-Adviser Fee Litigation: Will Section 36(b) Acquire Teeth?, Francis J. Facciolo and Leland S. Solon
Bankruptcy Reform and Economic Recovery, G. Ray Warner
Fitting the Forum to the Pernicious Fuss: A Dispute System Design to Address Implicit Bias and 'Isms in the Workplace, Elayne E. Greenberg
A New Taxonomy for Online Harms, Kate Klonick
The science of blame, Kate Klonick
Longstanding Agency Interpretations, Anita S. Krishnakumar
New York's Post-Verdict Scheme for the Treatment of Insanity Acquittees: Balancing Public Safety with Rights of the Mentally Ill, Larry Cunningham
Issues of Race in the Age of Obama, Lawrence Joseph
Suitability Obligations Applicable to Securities and Annuities, Christine Lazaro and Benjamin P. Edwards
Social Justice in the Surrogate's Courts, Margaret Valentine Turano
Sense and Sentencing: Our Imprisonment Epidemic, Michael A. Simons
Losing Faiths, Mark L. Movsesian
We Remember the Genocide — And We Must Avert Another, Mark L. Movsesian
Major Investor Losses Due to Conflicted Advice: Brokerage Industry Advertising Creates the Illusion of a Fiduciary Duty, Joseph C. Peiffer and Christine Lazaro
Is the Price Right? An Empirical Study of Fee-Setting in Securities Class Actions, Michael A. Perino, Lynn A. Baker, and Charles Silver
Asymmetry as Fairness: Reversing a Peremptory Trend, Anna Roberts
Juries, Implicit Bias, and the Silencing of Criminal Defendants, Anna Roberts
Should the Supreme Court Abolish Peremptory Strikes?, Anna Roberts
Caught in a Time Warp: The Education Rights of English Language Learners, Rosemary Salomone
Librarian Director as Manager of Union Employees, Courtney L. Selby
Bankruptcy and Education, Keith Sharfman
"Whimsy Little Contracts" with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, and Yuxiang Liu
Copyright and the Living Dead?: Succession Law and the Postmortem Term, Eva E. Subotnik
Copyright Policy and the Problem of Generalizing, Eva E. Subotnik
Publications from 2014
American Religious Freedom: The Revised Story, Marc O. DeGirolami
Pantagruel Comes for the Establishment Clause, Marc O. DeGirolami
Seeking Guidance? New Legal Challenges to 'Legislative Prayer', Marc O. DeGirolami
The Deeper Meaning in the Hobby Lobby Opinion, Marc O. DeGirolami
Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory, Marc O. DeGirolami and Kevin C. Walsh
An Offer They Can’t Refuse: Teaching Persuasive Writing Through a Settlement Offer Email Assignment, Alyssa Dragnich and Rachel H. Smith
Do I Have a Bridge for You: Fiduciary Duties and Investment Advice, Francis J. Facciolo
Exculpatory Hedge Clauses in Investment Advisory Contracts: Developments since Heitman Capital, Francis J. Facciolo and Leland Solon
Overcoming Our Global Disability in the Workforce: Mediating the Dream, Elayne E. Greenberg
Has Expungement Broken BrokerCheck?, Christine Lazaro
The Future of Financial Advice: Eliminating the False Distinction Between Brokers and Investment Advisers, Christine Lazaro
The Fragmented Regulation of Investment Advice: A Call for Harmonization, Christine Lazaro and Benjamin P. Edwards
A Line Crossed in the Middle East: What the End of Christianity in Mosul Means for Christians Everywhere, Mark L. Movsesian
Forgetting the Christians: Can Christians Ever Be the Victims of Genocide, Mark L. Movsesian
A Scandalous Perversion of Trust: Modern Lessons from the Early History of Congressional Insider Trading, Michael A. Perino
The Gift of Inside Information, Michael A. Perino
Impeachment by Unreliable Conviction, Anna Roberts
Attorney Malpractice: New York's Measure of Damages--Benefit-of-the-Bargain? A Rose by Any Other Name, Jacob L. Todres
Bad Tax Shelters - Accountability of the Lack Thereof: Ten Years of Tax, Jacob L. Todres
New York's Law of Tax Malpractice Damages: Balanced or Biased?, Jacob L. Todres
Gender Diversity on Corporate Boards: How Racial Politics Impedes Progress in the United States, Cheryl L. Wade
Organizational Responsibility for Workplace Racial and Sexual Harassment: The Stories of One Company's Workers, Cheryl L. Wade
Publications from 2013
The CPLR at Fifty: A View from Academia, Vincent C. Alexander
New Wave of Cases Involving Investment Adviser Fees, Francis J. Facciolo and Leland Solon
State-Sponsored Religious Displays in the U.S. and Europe: Introduction, Mark L. Movsesian
The Causal Context of Disparate Vote Denial, Janai S. Nelson
The First Amendment, Equal Protection, and Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson
Disclosure as Distribution, Jeremy N. Sheff
Marks, Morals, and Markets, Jeremy N. Sheff
Self-Replicating Technologies, Jeremy N. Sheff
Submissions from 2012
Introduction: Symposium on Legal Education at the Threshold of the New Millennium, Vincent C. Alexander
Opening Remarks: The Impact of Economics on Legal Education at the Threshold of the New Millennium, Vincent C. Alexander
Bringing Nuremberg Home: Justice Jackson's Path Back to Buffalo, October 4, 1946, John Q. Barrett
Introduction: The Voices and Groups That Will Preserve (What We Can Preserve of) Judicial Independence, John Q. Barrett
Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts on Justice Jackson and Brown, John Q. Barrett and Brad Snyder
Applying Learning-Styles Theory in the Workplace: How to Maximize Learning-Styles Strengths to Improve Work Performance in Law Practice, Robin A. Boyle
Antitrust in the Second Circuit, Edward D. Cavanagh
De-Regulation of the Air Waves: Is Antitrust Enough?, Edward D. Cavanagh
Reciprocal Dealing: A Rebirth?, Edward D. Cavanagh
The Bernstein Lectures: A Foreword (2000), Edward D. Cavanagh
The Bernstein Lectures: A Foreword (2001), Edward D. Cavanagh
The Civil Justice Reform Act of 1990 and the 1993 Amendments to the Federal Rules of Civil Procedure: Can Systematic Ills Afflicting the Federal Courts Be Remedied by Local Rules?, Edward D. Cavanagh
Twombly, The Federal Rules of Civil Procedure and the Courts, Edward D. Cavanagh
Condominium Unit Real Estate Tax Assessment Problems, John E. Davidian
Corporate Dissolution in New York: Liberalizing the Rights of Minority Shareholders, John E. Davidian
Against Theories of Punishment: The Thought of Sir James Fitzjames Stephen, Marc O. DeGirolami
Disclosure as Consumer Protection: Unit Purchasers' Need for Additional Protections, Vincent Di Lorenzo
Overcoming Our Global Disability in the Workforce: Mediating the Dream, Elayne E. Greenberg
Introductory Remarks: The Language of Judging, Lawrence Joseph
Interpretive Divergence All the Way Down: A Response to Aaron-Andrew P. Bruhl and Ethan J. Leib, Elected Judges and Statutory Interpretation, 79 U Chi L Rev 1215 (2012), Anita S. Krishnakumar
The Anti-Messiness Principle in Statutory Interpretation, Anita S. Krishnakumar
The Financial Crisis Inquiry Commission and the Politics of Governmental Investigations, Michael A. Perino
Concluding Remarks, Rosemary C. Salomone
Legal Dimensions of Educational Vouchers, Rosemary C. Salomone
The ADA--A Phenomenal Victory for Civil Rights (Closing Remarks), Rosemary C. Salomone
Accentuate the Normative: A Response to Professor McKenna, Jeremy N. Sheff
Fear and Loathing in Trademark Enforcement, Jeremy N. Sheff
Veblen Brands, Jeremy N. Sheff
Vicarious Snitching: Crime, Cooperation, and "Good Corporate Citizenship", Michael A. Simons
Introduction: The Will to Survive, Rachel H. Smith
Speaking of Moral Rights: A Conversation Between Eva E. Subotnik and Jane C. Ginsburg, Eva E. Subotnik and Jane C. Ginsburg
Multistate Taxation of Depositories: An Analysis of Legislation Proposed by the American Bar Association, Jacob L. Todres
Tax Malpractice: Areas in Which It Occurs and the Measure of Damages--An Update, Jacob L. Todres
Attempting to Discuss Race in Business and Corporate Law Courses and Seminars, Cheryl L. Wade
Corporate Governance Failures and the Managerial Duty of Care, Cheryl L. Wade
Introduction to Symposium on People of Color, Women, and the Public Corporation: The Sophistication of Discrimination, Cheryl L. Wade
The After-Shocks of Twombly: Will We "Notice" Pleading Changes?, Ettie Ward