Publications from 2019
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
The Changed BATNA, Elayne E. Greenberg
Up Close and Personal: Whether or Not You Decide to Report a Confidentiality Exception, Elayne E. Greenberg
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
From Warfare to Welfare: Reconceptualizing Drug Sentencing During the Opioid Crisis, Jelani Jefferson Exum
What’s the Point? The Missing Piece of Criminal Justice Reform through Consensus and Compromise, Jelani Jefferson Exum
Building A Solid Foundation Before Week 1, Louis Jim
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
A Wall of Hate: Eminent Domain and Interest-Convergence, Philip Lee
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
Legislating Morality: Moral Theory and Turpitudinous Crimes in Immigration Jurisprudence, Abel Rodríguez and Jennifer A. Bulcock
California Dreaming?, Darren Rosenblum
The Futility of Walls: How Traveling Corporations Threaten State Sovereignty, Darren Rosenblum
Board Diversity by Term Limits?, Darren Rosenblum and Yaron Nili
Court decision on language provokes cries of neo-colonialism, Rosemary C. Salomone
Court moves beyond the past in favouring English, Rosemary C. Salomone
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
The Well-Intended But Misguided Student-Athlete Equity Act, 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
Strict Liability for Genetic Privacy Violations in the Age of Big Data, Benjamin Sundholm
Arbitration Law Update: 2018-2019, Teresa J. Verges and Elissa Germaine
Technology in Legal Practice: Keeping Ethical Obligations in Mind, Teresa J. Verges and Christine Lazaro
Conflicting Norms: Impact of the Model Law on Chapter 11's Global Restructuring Role, G. Ray Warner
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
Trapped: Cycles of Violence and Discrimination Against Lesbian, Gay, Bisexual, and Transgender Persons in Guyana, Ashley Binetti Armstrong
Cohen’s sentencing clears a path for Congress to uncover the truth, John Q. Barrett
“Say What?”—Using Interpreters on Children’s Cases, Jennifer Baum
Tips for Safety Planning for Children of Undocumented Parents, Jennifer Baum
Faith-Based Emergency Powers, Noa Ben-Asher
How is Sex Harassment Discriminatory?, Noa Ben-Asher
The oppression of ‘tolerance’ in Guyana, Ashley Binetti
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
Matsushita at Thirty: Has the Pendulum Swung Too Far in Favor of Summary Judgment?, Edward D. Cavanagh
Corporate Social Responsibility and Crowdwashing in the Gig Economy, Miriam A. Cherry
A Critical Examination of a Third Employment Category for On-Demand Work (In Comparative Perspective), Miriam A. Cherry and Antonio Aloisi
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
The Litigators: Perceptions of Predictability, Definitions of a Good Outcome, and an Alternative to Mass Tort Trials, Lisa K. Dicker and Shane K. Hebel
Principled Negotiations and Complex Peace Processes: Reflections on Connecting Theory to Practice: Part I, Lisa K. Dicker and C. Danae Paterson
Principled Negotiations and Complex Peace Processes: Reflections on connecting theory to practice—Part II, Lisa K. Dicker and C. Danae Paterson
Punishing Criminals for Their Conduct: A Return to Reason for the Armed Career Criminal Act, Sheldon Evans
Acts Like a Lawyer, Talks Like a Lawyer…Non-Lawyer Advocates Representing Parties in Dispute Resolution, Elayne E. Greenberg
... Because "Yes" Actually Means "No": A Personalized Prescriptive to Reactualize Informed Consent in Dispute Resolution, Elayne E. Greenberg
Ethics Meets the “O” in DR, 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
Student Protests and Academic Freedom in an Age of #blacklivesmatter, Philip Lee
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
Markets and Morals: The Limits of Doux Commerce, Mark L. Movsesian
The New Divide in American Politics, Mark L. Movsesian
The Powerful Headwinds Confronting Religious Freedom, Mark L. Movsesian
Washington's Warning, Mark L. Movsesian
Wedding Cake Wars Take an Interesting UK Turn, Mark L. Movsesian
The Myth of Preliminary Due Process for Misdemeanor Prosecutions in New York, Anjali Pathmanathan
Judges Who Help Us Expand Our "Crabbed View" of Justice Beyond Criminal Prosecution, Anna Roberts
The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries, Anna Roberts