Publications from 2016
Christian but Not Religious, Mark L. Movsesian
Crèche Clash, Mark L. Movsesian
No Protestants on the Bench, Mark L. Movsesian
Of Human Dignities, Mark L. Movsesian
Religious Rights, Mark L. Movsesian
The End of the Liberal Tradition?, Mark L. Movsesian
The Smartphone and the Virgin, Mark L. Movsesian
Tradition's Future, Mark L. Movsesian
Conviction by Prior Impeachment, Anna Roberts
Foster v. Chatman: An Egregious Batson Violation (and a SCOTUS Reversal), Anna Roberts
Embracing Mother Cabrini's Vision: Pursuing Immigrant Justice in the Classroom and Beyond, Abel Rodríguez
American Legal Education, Skills Training, and Transnational Legal Practice: Combining Dao and Shu for the Global Practitioner, Michael A. Simons and Margaret E. McGuinness
The Author Was Not an Author: The Copyright Interests of Photographic Subjects from Wilde to Garcia, Eva Subotnik
Challenging Boardroom Homogeneity, Cheryl L. Wade
Publications from 2015
No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’s Law Clerk, John Q. Barrett
Social Media: Children’s Lawyer’s Friend and Foe, Jennifer Baum and Sarah N. Fox
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
The Law and Economics of Catalyzing Fans, Miriam A. Cherry
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
The Smith Case: Is the Glass Half Full?, Elayne E. Greenberg
When “Yes” May Actually Mean “No”: Rethinking Informed Consent to ADR Processes, Elayne E. Greenberg
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
Suitability Obligations Applicable to Securities and Annuities, Christine Lazaro and Benjamin P. Edwards
A Contract Theory of Academic Freedom, Philip Lee
Identity Property: Protecting the New IP in a Race-Relevant World, Philip Lee
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
On Checkbox Diversity, Philip Lee
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
Why English is not enough, Rosemary C. 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
Consumer contracts should not be secrets, Theresa Amato and Jeff Sovern
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
Lawrence Walsh, Iran-Contra Counsel, 'Played It Straight', John Q. Barrett
Ready, Set, Go to Federal Court: The Hague Child Abduction Treaty, Demystified, Jennifer Baum
Conferring Dignity: The Metamorphosis of the Legal Homosexual, Noa Ben-Asher
A Eulogy for the EULA, Miriam A. Cherry
The Law and Economics of Corporate Social Responsibility and Greenwashing, Miriam A. Cherry
Toward a Critical Corporate Law Pedagogy and Scholarship, andré ddouglas pond cummings, Steven A. Ramirez, and Cheryl L. Wade
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
The Cheater’s “High”— Harmonize Ethics, Research and Negation Behavior, Elayne E. Greenberg
When the Price of Settlement Is Ethically Prohibitive: Non-Disparagement Clauses That Apply to Lawyers, Elayne E. Greenberg
Has Expungement Broken BrokerCheck?, 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
Bankruptcy Court Jurisdiction After Executive Benefits Insurance Agency v. Arkison, Keith Sharfman and G. Ray Warner
Hedge Funds in Bankruptcy, Keith Sharfman and G. Ray Warner
Dilution at the Patent and Trademark Office, Jeremy N. Sheff
Can Cost-Benefit Analysis Help Consumer Protection Laws? Or at Least Benefit Analysis?, Jeff Sovern
Intent in Fair Use, Eva E. Subotnik
Constitutional Obstacles? Reconsidering Copyright Protection for Pre-1972 Sound Recordings, Eva E. Subotnik and June M. Besek
Erasing Boundaries: Inter-School Collaboration and its Pedagogical Opportunities, David I.C. Thomson, Ian Gallacher, Amy R. Stein, and Robin Boyle
Bad Tax Shelters - Accountability of the Lack Thereof: Ten Years of Tax, 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
Setting Attorneys' Fees in Securities Class Actions: An Empirical Assessment, Lynn A. Baker, Michael A. Perino, and Charles Silver
Introduction of Chief Justice Roberts, at the Robert H. Jackson Center, May 17, 2013, John Q. Barrett
Remarks at the Naming Ceremony, Robert H. Jackson United States Courthouse, Buffalo, New York, John Q. Barrett
Antitrust Law and Economic Theory: Finding a Balance, Edward D. Cavanagh
Cyber Commodification, Miriam A. Cherry
Learning Contracts through Current Events: Lawrence Cunningham’s Contracts in the Real World: Stories of Popular Contracts and Why They Matter, Miriam A. Cherry
Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry
Legalese, Marc O. DeGirolami
Why Standing Matters: Same-Sex Marriage & the Role of the Courts, Marc O. DeGirolami
New Wave of Cases Involving Investment Adviser Fees, Francis J. Facciolo and Leland Solon
Confidentiality: The Illusion and the Reality— Affirmative Steps for Lawyers and Mediators to Help Safeguard Their Mediation Communications, Elayne E. Greenberg
What Sally Soprano Teaches Lawyers About Hitting the Right Ethical Note in ADR Advocacy, Elayne E. Greenberg
Ethical Concerns When Settlement Includes an Agreement About Expungement, Christine Lazaro
The Future of Financial Advice: Eliminating the False Distinction Between Brokers and Investment Advisers, Christine Lazaro