Content Posted in 2011
"Academic Challenge" Cases: Should Judicial Review Extend to Academic Evaluations of Students?, Thomas A. Schweitzer
Academic Freedom as Private Ordering: Politics and Professionalism in the 21st Century, Deborah W. Post
Academic Freedom in Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium on Religiously Affiliated Law Schools), Howard A. Glickstein
A Comparison of a Mentally Ill Individual's Right to Refuse Medication Under the United States and the New York State Constitutions, William M. Brooks
A Democratic Response to Foreign Political Offenses: The Need for Legislation to Counter Anti-Terrorism Excesses, Daniel H. Derby
Administrative Procedures for Resolving Complex Policy Questions: A Proposal for Proof Dissection, Harold I. Abramson
Admissibility of Investigatory Reports in § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Affirmative Action, Douglas D. Scherer
Affirmative Action Doctrine and the Conflicting Messages of Croson, Doug D. Scherer
After the Fall: The Employer's Duty to Accommodate Employee Religious Practices under Title VII after Ansonia Board of Education v. Philbrook, Peter Zablotsky
A Jewish-Sponsored Law School: Its Purposes and Challenges, Howard A. Glickstein
A Lawyer’s Lawyer, A Judge’s Judge: Justice Potter Stewart and the Fourth Amendment, Jeffrey B. Morris
A Look at American Legal Practice Through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview, Samuel J. Levine
Alternative Learning Formats in a Land Use Seminar, Michael Lewyn
An Analysis of Rule 11 Plea Bargain Options, S. Crincoli (Sigman)
An Analysis of State Pretrial Diversion Statutes, Peter Zablotsky
An Analysis of Thirty-Five Years of Rape Reform: A Frustrating Search for Fundamental Fairness, Richard Klein
An Illusory Right to Appeal: Substantial Constitutional Questions at the New York Court of Appeals, Meredith R. Miller
An International Criminal Court for the Future, Daniel H. Derby
An Introduction to Legislation in Jewish Law, with References to the American Legal System, Samuel J. Levine
An Introduction to Self-Incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis, Samuel J. Levine
A Picture of the New York Court of Appeals at the Time of Wood v. Lucy, Lady Duff-Gordon, Meredith R. Miller
Appellate Division, First Department: People v. Montes, Lauren L. Morales
Appellate Division, Fourth Department: People v. Gibson, Kashima A. Loney
Appellate Division, Second Department: People v. Rodriguez, Michael J. Puma
Appellate Division, Third Department: People v. Hardy, Whitney Montgomery
Applying Jewish Legal Theory in the Context of American Law and Legal Scholarship: A Methodological Analysis, Samuel J. Levine
Appropriation & Transculturation in the Creation of Community, Deborah W. Post
A Primer on Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
"Arbitration as a Final Award: Challenges and Enforcement" published as Chapter 10 in International Sales Law and Arbitration: Problems, Cases, and Commentary, Jack M. Graves and Joseph F. Morrissey
Are Law Schools Racist?: A "Talk" with Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik
Are Law Schools Racist? - Part II (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik
Are New York's Social Host Liability Laws Too Strict, Too Lenient, or Just Right, Jared Wachtler
A Response to Professor Steinberg’s Fourth Amendment Chutzpah, Fabio Arcila
A Response to the Society of American Law Teachers Statement on the Bar Exam, Suzanne Darrow-Kleinhaus
Are Spread Out Cities Really Safer? (Or, Is Atlanta Safer Than New York?), Michael Lewyn
A Restatement of Rabbinic Civil Law, Volumes VII and VIII, by Emanuel Quint (Book Review), Samuel J. Levine
Are we all dopes? A Behavioral Law & Economics Approach to Legal Regulation of Doping in Sports, Shawn Crincoli
"A" Students Go To Court: Is Membership in the National Honor Society a Cognizable Legal Right?, Thomas A. Schweitzer
Attorney's Fees in Civil Rights Cases - October 2009 Term, Martin A. Schwartz
Attorney’s Fees in Civil Rights Cases—October 2009 Term, Martin A. Schwartz
Bah, Humbug to the Bleak Story of Women Law Faculty: A Response to Professor Neumann, Dan Subotnik
Bernard S. Meyer et al., The History of the New York Court of Appeals, 1932-2003, Meredith R. Miller
Bilski's Effect on Patent Law: Patentable Processes under 35 U.S.C. § 101, Sharon Barkume
Bruce Ledewitz, American Religious Democracy: Coming to Terms with the End of Secular Politics, Thomas A. Schweitzer
Business Interest Cases – October 2009 Term, Leon D. Lazer and Leon Friedman
Business Interests Cases - October 2009 Term, Leon D. Lazer Honorable and Leon Friedman
Busting Blocks: Revisiting 47 U.S.C. §230 to Address the Lack of Effective Legal Recourse for Wrongful Inclusion in Spam Filters, Jonathan I. Ezor
Cablevision's Remote DV-R System and a Solution for the Digital-Recording Age, Justin M. Jacobson
Campaign of Sabotage: Big Government's War Against Public Transportation, Michael Lewyn
Can there be Peace in the Holy Land?, Lawrence Raful
Capital Punishment and Religious Arguments: An Intermediate Approach, Samuel J. Levine
Capital Punishment in Jewish Law and its Application to the American Legal System: A Conceptual Overview, Samuel J. Levine
Ceremonial Objects from the Collection of Rabbi David A. Whiman, Beth Mobley
Character Counts: The "Character of the Government Action" In Regulatory Takings Actions, Michael Lewyn
Charles Reich's Journey From the Yale Law Journal to the New York Times Best-Seller List: The Personal History of The Greening of America, Rodger D. Citron
CISG Article 6 and Issues of Formation: The Problem of Circularity, Jack M. Graves
City Court of New York, City of Watertown: People v. Carreira, Michael J. Puma
City Court of New York, City of Watertown: People v. Saldana, Ara K. Ayvazian
City Court of New York, City of Watertown: People v. Saldana, Ara K. Ayvazian
Civil Rights Division Association Symposium: The Civil Rights Division at Forty, Howard Glickstein, Stephen J. Pollack, Brian Landsberg, Harold Greene, St. John Barrett, Paul F. Hancock, Muriel Spence, Michael Middleton, and James A. Turner
Claims for Damages for Violations of State Constitutional Rights – Analysis of the Recent Court of Appeals Decision in Brown v. New York; The Resolved and Unresolved Issues, Martin A. Schwartz
Claims of Ineffective Assistance of Counsel: The Clash of the Federal and New York State Constitutions, Timothy M. Riselvato
Coming to Terms with Terrorism--Relativity of Wrongfulness and the Need for a New Framework, Daniel H. Derby
Commitment and Responsibility: Modeling and Teaching Professionalism Pervasively, Marjorie A. Silver
Community Service Component of an Alternative Bar Exam, Eileen Kaufman
"Competence-Competence and Separability-American Style", published as Chapter 8 in International Arbitration and International Commercial Law: Synergy, Convergence and Evolution, Jack M. Graves and Yelena Davydan
Consequences of Power, Tamara Relis
Consumer Discrimination: The Limitations of Federal Civil Rights Protection, Deseriee A. Kennedy
Contested Meanings: Achievement and Ambition at an Elite Law School, Deborah Waire Post
Continuity and Change: Partnership Formation Under the Common Law, Deborah W. Post
Contracting Out of Process, Contracting Out of Corporate Accountability: An Argument Against Enforcement of Pre-Dispute Limits on Process, Meredith R. Miller
Contract Law, Party Sophistication and the New Formalism, Meredith R. Miller
Copulemus in Pace: A Meditation on Rape, Affirmative Consent to Sex, and Sexual Autonomy, Dan Subotnik
Corporal Punishment in K-12 Public School Settings: Reconsideration of its Constitutional Dimensions Thirty Years After Ingraham v. Wright , Lewis M. Wasserman
County Court of New York, Sullivan County: People v. Robar, Andrew W. Koster
County Court of New York, Westchester County: People v. Days, Kashima A. Loney
Courage in the Holocaust, Lawrence Raful
Court of Appeals of New York: Hurrell-Harring v. State, Andrew W. Koster
Court of Appeals of New York: People v. Devone, Michael S. Newman
Court of Appeals of New York: People v. McBride, Joseph Leocata
Court of Appeals of New York: People v. Mothersell, Lauren L. Morales
Court of Appeals of New York: People v. Williams, Gregory E. Wenz
Court of Appeals of New York: People v. Wrotten, Katharine E. O'Dette
Court of Appeals of New York: Wooley v. New York State Department of Correctional Services, Joseph Leocata
Criminal Court of New York, City of New York: People v. Larsen, Benjamin Fox Tracy
Criminal Evidence and the Ear of the Law, Daniel H. Derby
Critical Race Theory – The Last Voyage, Dan Subotnik
Critical Thoughts About Race, Exclusion, Oppression and Tenure, Deborah W. Post
Cultivating Intelligence: Power, Law, and the Politics of Teaching, Louise Harmon and Deborah W. Post
Cultural Inversion and the One-Drop Rule: An Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence, Deborah W. Post
Cultural Relativism, Economic Development and International Human Rights in the Asian Context, Richard Klein
Culture Clash? The Miller & Modigliani Propositions Meet the United States Court of Federal Claims, Rodger D. Citron
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role of Religion in Equitable Disinterment Decisions, Peter Zablotsky
Death Penalty and Right to Counsel Decisions in the October 2005 Term, Richard Klein
Death Penalty and Right to Counsel Decisions in the October 2005 Term, Richard Klein
Deconstructing the Rejection Letter: A Look at Elitism in Article Selection, Dan Subotnik and Glen Lazar
Deference to Agency Interpretations of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer and Russell L. Weaver
Defining Instrumentalities of Deadly Force, Tim Longo
Developing a World Vision: An Introduction to International Environmental Policy, Beverly McQueary Smith
Dialogue on State Action, Martin A. Schwartz and Erwin Chemerinsky
Discrimination Cases in the 2000 Term, Eileen Kaufman
Discrimination Cases in the 2001 Term of the Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases in the October 2004 Term, Eileen Kaufman
Discrimination Cases in the Supreme Court's 1997 Term (The Supreme Court and State and Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases of the 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases (The Supreme Court and Local Government Law: The 1995-1996 Term), Eileen Kaufman
Discussion: A Focus on Federalism, Jeffrey B. Morris
Dismantling Democracy: Common Sense and the Contract Jurisprudence of Frank Easterbrook, Deborah W. Post
Dissent Without Opinion: The Behavior of Justice William O. Douglas in Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, and Jonathan L.F. Silver
Does New York's Death Penalty Statute Violate the New York Constitution? (Symposium: New York State Constitutional Law: Trends and Developments), Richard Klein; Hon. Stewart F. Hancock, Jr.; and Christopher Quinn
Due Process and Fundamental Rights, Martin A. Schwartz
Due Process Denied: Judicial Coercion in the Plea Bargaining Process, Richard Klein
Duties and Powers Respecting Foreign Crimes, Daniel H. Derby
Educational Stability for Children in Foster Care, Cara Chambers and Erika Palmer
Eliminating Proximate Cause as an Element of the Prima Facie Case from Strict Products Liability, Peter Zablotsky
Emerging Applications of Jewish Law in American Legal Scholarship: An Introduction, Samuel J. Levine
Employment Discrimination and Presidential Immunity Cases, Eileen Kaufman
Employment Discrimination: Recent Developments in the Supreme Court, Eileen Kaufman
Employment Discrimination: Recent Developments in the Supreme Court (Symposium: The Supreme Court and Local Government Law, 1993-1994 Term), Eileen Kaufman
Employment Discrimination: Recent Developments in the Supreme Court (The Supreme Court and Local Government Law: The 1994-1995 Term), Eileen Kaufman
Enforcement of Nuremberg Norms: The Role for Mechanisms Other than the ICC, Daniel H. Derby
Environmental Law (Symposium: The Supreme Court and Local Government Law: The 1989-90 Term), Leon D. Lazer
Etchings on Glass: Reflections on the Science of Proof, Louise Harmon
Ethics, The Legacy of the Reverend Doctor Martin Luther King, Jr., and the Movement Toward Environmental Justice, Beverly McQueary Smith
Evening the Odds: The Case for Attorneys' Fee Awards for Administrative Resolution of Title VI and Title VII Disputes, Marjorie A. Silver
Everything Lawyers Know About Polygamy is Wrong, S. Crincoli (Sigman)
Exceptions, Lawrence Raful
Express Warranty as Contractual - The Need for a Clear Approach, Sidney Kwestel
Fair Housing Act (Symposium: The Supreme Court and Local Government Law: The 1994-95 Term), Leon D. Lazer
Fairness and Finality: Third-Party Challenges to Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Faith in Legal Professionalism: Believers and Heretics, Samuel J. Levine
Falling Off The Vine: Legal Fictions And The Doctrine of Substituted Judgment, Louise Harmon
Federal Oil Price Controls in Bankruptcy Cases: Government Claims for Repayment of Illegal Overcharges Should Not Be Subordinated and “Penalties” under 11 USC §726(a)(4), Thomas A. Schweitzer
Final Offer Arbitration: The Last Word in Public Sector Labor Disputes, Rena C. Seplowitz
Final Report on the Establishment of an International Criminal Court for the Implementation of the Apartheid Convention and Other Relevant International Instruments, Daniel H. Derby and M. Cherif Bassiouni
First Amendment Freedom of Speech and Religion - October 2009 Term, Burt Neuborne and Michael C. Dorf
First Amendment Protects Crude Protest of Police Action, Martin A. Schwartz
First They Came for the Teachers: Competency Testing and the Decertification of Texas Teachers Issued Certificates Valid for Life, Beverly McQueary Smith
Five Myths About Sprawl, Michael Lewyn
Fragments on the Deathwatch, Louise Harmon
Fragments on the Deathwatch, Louise Harmon
Freedom from Reliance: A Contract Approach to Express Warranty, Sidney Kwestel
Fundamentals of Section 1983 Litigation, Martin A. Schwartz
Further Reflections on the Role of Religion in Lawyering and in Life, Samuel J. Levine
Generation X in Law School: The Dying of the Light or The Dawn of a New Day, Tracy L. McGaugh
Getting Time for an Acquitted Crime: The Unconstitutional Use of Acquitted Conduct at Sentencing and New York's Call for Change, Megan Sterback
Giving Notice: An Argument for Notification of Putative Plaintiffs in Complex Litigation, Marjorie A. Silver
Goodbye to the SAT, LSAT? Hello to Equity by Lottery? Evaluating Lani Guinier’s Plan for Ending Race Consciousness, Dan Subotnik
Halacha and Aggada: Translating Robert Cover’s Nomos and Narrative, Samuel J. Levine
“Hands Off”: Sex, Feminism, Affirmative Consent, and the Law of Foreplay, Dan Subotnik
Hate Speech on Campus and the First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Homecoming: The Ritual of Writing History, Deborah Waire Post
Hosanna-Tabor and Supreme Court Precedent: An Analysis of the Ministerial Exception in the Context of The Supreme Court’s Hands-Off Approach to Religious Doctrine, Samuel J. Levine
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
How Does the New York Constitution Compare to the U.S. Constitution? (Annual Issue on New York State Law: Trends and Developments), Eileen Kaufman and Leon Friedman
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael Lewyn
How Overregulation Creates Sprawl (Even in a City without Zoning), Michael Lewyn
How Radical Is Lani Guinier?, Michael Lewyn
How To Limit Gerrymandering, Michael Lewyn
Human Rights and Southern Realities, Tamara Relis
Illuminating the Dark: The Stories of Lowell B. Komie and the Pursuit of Meaningful Work, Louise Harmon
Immigration Laws as Instruments of Discrimination: Legislation Designed to Limit Chinese Immigration into the United Kingdom, Richard Klein
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
In Memoriam: Deborah Hecht, Jeffrey B. Morris
In Memoriam: Professor Joseph J. Beard, Douglas D. Scherer
Innocents Abroad: Reflections on Summer Abroad Law Programs, Eileen Kaufman and Louise Harmon
Interactive Citation Workbook for ALWD Citation Manual, Tracy L. McGaugh and Christine Hurt
Interactive Citation Workbook for the Bluebook, Tracy L. McGaugh and Christine Hurt
In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause, Fabio Arcila
Introduction: International Criminal Law – Lessons from Teaching Strategies, Daniel H. Derby
Introduction (The Supreme Court & Local Government Law: The 1988-89 Term), Leon D. Lazer
Introductory Note: Symposium on Lawyering and Personal Values – Responding to the Problems of Ethical Schizophrenia, Samuel J. Levine
IOLA and Daubert (Symposium: The Supreme Court and Local Government Law: The 1997-98 Term), Leon D. Lazer
"It's Not About the Money!": A Theory on Misconceptions of Plaintiffs' Litigation Aims, Tamara Relis
Jacob & Joseph, Lawrence Raful
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Jewish Legal Theory and American Constitutional Theory: Some Comparisons and Contrasts, Samuel J. Levine
Judicial Misconduct in Criminal Cases: It’s Not Just the Counsel Who May Be Ineffective and Unprofessional, Richard Klein
Judicial Review and Diversity, Deseriee A. Kennedy
Kosher Without Law: The Role of Nonlegal Sanctions in Overcoming Fraud Within The Kosher Food Industry, S. Crincoli (Sigman)
Kumho Tire Co. v. Carmichael: The Supreme Court Follows Up on the Daubert Test, Martin A. Schwartz
Law and Racism in an Asian Setting: An Analysis of the British Rule of Hong Kong, Richard Klein
Law, Art, And The Killing Jar, Louise Harmon
Law, Ethics, and Religion in the Public Square: Principles of Restraint and Withdrawal, Samuel J. Levine
Lawrence v. Texas: The Decision and Its Implications for the Future, Martin A. Schwartz
Law Schools: Where the Elite Meet to Teach (Transforming Legal Education: A Symposium of Provocative Thought), Howard Glickstein
Lawyering and its Discontents: Reclaiming Meaning in the Practice of Law, Marjorie A. Silver
Lawyering Decisions - October 2009 Term, Eileen Kaufman
Lawyering Decisions—October 2009 Term, Eileen Kaufman
Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein, Jeffrey B. Morris
Lee v. Weisman and the Establishment Clause: Are Invocations and Benedictions at Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Lee v. Weisman: Whither the Establishment Clause and the Lemon v. Kurtzman Three Pronged Test?, Thomas A. Schweitzer
Legal and Business Perspectives on Small Business Start-Ups: A Selective, Annotated Bibliography, April L. Schwartz
Legal Malpractice, Professional Discipline, and Representation of the Indigent Defendant, Richard Klein
Legal Services Lawyers and the Influence of Third Parties on The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, and Courts, Samuel J. Levine
Lessons from the Damages Decisions Following United States v. Winstar Corp., Rodger D. Citron
Lessons From The NextWave Saga: The Federal Communications Commission, The Courts, And The Use of Market Forms To Perform Public Functions, Rodger D. Citron and John A. Rogovin
Limits on Preemption and Punitive Damages: Can They Be Related?, Peter Zablotsky
Linguistic Issues: Is Plain English the Answer to the Needs of the Jurors?, Leon D. Lazer
Looking Beyond the Mercy/Justice Dichotomy: Reflections on the Complementary Roles of Mercy and Justice in Jewish Law and Tradition, Samuel J. Levine
“Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship” published as Chapter 13 in Practicing Therapeutic Jurisprudence: Law as a Helping Profession, Marjorie A. Silver
Marketing Goods, Marketing Images: The Impact of Advertising on Race, Deseriee A. Kennedy
Medtronic v. Lohr: For Want of a Word, the Patient Was Almost Lost - Fixing the Mischief Caused in Cipollone by Dividing the Preemption Stream, Suzanne Darrow-Kleinhaus
Mining Mediation Rules for Representation Opportunities and Obstacles, Harold I. Abramson
Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework, Samuel J. Levine
Misuse and Abuse of the LSAT: Making the Case for Alternative Evaluative Efforts and a Redefinition of Merit, Deobrah W. Post and Phoebe A. Haddon
Mixing Oil and Water: Reconciling the Substantial Factor and Results-With-In-The-Risk Approaches to Proximate Cause, Peter Zablotsky
NCAA Transgender Student-Athlete 'Policy': Analysis, Shawn Crincoli
New Issues Arising Under Section 1983, Martin A. Schwartz
New Urbanist Zoning for Dummies, Michael Lewyn
New York City Zones Out Free Expression, Martin A. Schwartz
New York Pattern Jury Instructions -- Civil, Leon D. Lazer
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends and Developments), Leon D. Lazer
Niagara County Justice Court: People v. Harvey, Gregory E. Wenz
Notes: Director’s Statutory Action in New York, Sidney Kwestel
Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment, in a Comparative Hermeneutic Framework, Samuel J. Levine
On Bringing the Justice Mission Conference Back Home, Marjorie A. Silver
On Constructively Realizing Constructive Realization: Building the Case for Death and Taxes, Dan Subotnik
One Hundred Years of Harmful Error: The Historical Jurisprudence of Medical Malpractice, Theodore Silver
Other Civil Rights Decisions in the October 2005 Term: Title VII, IDEA, and Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman
Outsider Jurisprudence and the “Unthinkable” Tale: Spousal Abuse and the Doctrine of Duress, Deborah Waire Post
Outward Bound to Other Cultures: Seven Guidelines for U.S. Dispute Resolution Trainers, Harold Abramson
Paper versus Electronic Sources for Law Review Cite Checking: Should Paper Be the Gold Standard?, April Schwartz and Mary Rumsey
Party Autonomy in Choice of Commercial Law: The Failure of Revised U.C.C. § 1-301 and a Proposal for Broader Reform, Jack M. Graves
Perceptions in Litigation and Mediation: Lawyers, Defendants, Plaintiffs and Gendered Parties, Tamara Relis
Pfizer, Inc. v. India Foreign Sovereigns’ Standing to Sue for Treble Damages, Gary M. Shaw
Planners Gone Wild: The Overregulation of Parking, Michael Lewyn
Playing God: An Essay on Law, Philosophy, and American Capital Punishment, Samuel J. Levine
Portraits of Criminals on Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, and The Criminal as Brother, Samuel J. Levine
Power and the Morality of Grading - A Case Study and a Few Critical Thoughts on Grade Normalization, Deborah Waire Post
Predisposed with Integrity: The Elusive Quest for Justice in Tripartite Arbitrations, Deseriee A. Kennedy
Preface to the Gateway Thread, Deborah W. Post
Problem-Solving Advocacy in Mediations, Harold I. Abramson
Processing Civil Rights Summary Judgment and Consumer Discrimination Claims, Deseriee A. Kennedy
Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman of Breslov, and the Stories of Two Sons, Samuel J. Levine
Profit, Progress and Moral Imperatives, Deborah W. Post
Punitive Damages--Developments in Section 1983 Cases, Eileen Kaufman and Martin A. Schwartz
Qualified Immunity: Further Developments in the Post-Pearson Era, Karen M. Blum
Race, Riots and the Rule of Law, Deborah Waire Post
Radicalism, Racism, and Affirmative Action: In Defense of a Historical Approach, Deseriee Kennedy
Recent Supreme Court Employment Law Developments, Douglas D. Scherer and Olati Johnson
Rediscovering Julius Henry Cohen and the Origins of the Business/Profession Dichotomy: A Study in the Discourse of Early Twentieth Century Legal Professionalism, Samuel J. Levine
Reevaluating Substantive Due Process as a Source of Protection for Psychiatric Patients to Refuse Drugs, William M. Brooks
Reflections on Brown vs. Board of Education: Four Law Librarians Share Their Experiences Growing Up During the Brown Era, April Schwartz, Marvin R. Anderson, Yvonne Chandler, and Ruth J. Hill
Reflections on Responsibilities in the Public Square, Through a Perspective of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine
Reflections on the Constitutional Scholarship of Charles Black: A Look Back and a Look Forward, Samuel J. Levine
Reflections on the Practice of Law as a Religious Calling, from a Perspective of Jewish Law and Ethics, Samuel J. Levine
Regulating the Regulators in New York State: Part I, Harold I. Abramson
Regulating the Regulators in New York State, Part II: The Office of Business Permits and Regulatory Assistance, Harold I. Abramson
Religious Symbols and Religious Garb in the Courtroom: Personal Values and Public Judgments, Samuel J. Levine
Restricting the Right of Correspondence in the Prison Context: Thornburgh v. Abbott and its Progeny, Samuel J. Levine
Retaliatorily Discharged Employees’ Standing to Sue Under the Antitrust Laws, Gary M. Shaw
Rethinking Religion and Public School Education, Marjorie A. Silver
Rethinking the Legal Reform Agenda: Will Raising the Standards for Bar Admission Promote or Undermine Democracy, Human Rights, and Rule of Law?, Samuel J. Levine and Russell G. Pearce
Rethinking the Supreme Court’s Hands-Off Approach to Questions of Religious Practice and Belief, Samuel J. Levine
Review Essay: The Challenges of Religous Neutrality, Samuel J. Levine
Revisiting Austin v. Loral: A Study in Economic Duress, Contract Modification and Framing, Meredith R. Miller
Richard Posner Meets Reb Chaim of Brisk: A Comparative Study in the Founding of Intellectual Legal Movements, Samuel J. Levine
Right-To-Die, Bruce N. Morton
Rothman, Hein, and AALL: A Short History of a Long-Standing Publishing Relationship, April Schwartz
Same-Sex Marriage in New York, Lewis A. Silverman
Section 1983, Martin A. Schwartz, George Pratt, and Leon Friedman
Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, and Leon Friedman
Section 1983 in the Second Circuit, Martin A. Schwartz
Section 1983 Litigation, Martin A. Schwartz and George C. Pratt
Section 1983 Litigation, Martin A. Schwartz
Section 1983 Litigation, Martin A. Schwartz
Section 1983 Litigation, Martin A. Schwartz
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Section 51 Actions Against Private Racial Profiling, Peter Zablotsky and Sa'id Vakili
Seeing Through "The Glass Ceiling": A Response to Professor Angel, Dan Subotnik
Seeking a Common Language for the Application of Rule 11 Sanctions: What is "Frivolous"?, Samuel J. Levine
Shelter from the Storm: An Analysis of U.S. Refugee Law as Applied to Tibetans Formerly Residing in India, Eileen Kaufman
Shooting from the Hip: Managing the Risks of Portable Computing and Smartphones in Your Business, Jonathan I. Ezor
Should Juries Be Informed that Municipality Will Indemnify Officer’s 1983 Liability for Constitutional Wrongdoing?, Martin A. Schwartz
Smoking Gun: The Moral and Legal Struggle for Medical Marijuana, Daniel J. Pfeifer
Social Networking Websites: Impact on Litigation and the Legal Profession in Ethics, Discovery, and Evidence, Sandra Hornberger
Southworth v. Grebe: The Conservative Utilization of "Negative" First Amendment Rights to Attack Diversity of Thought at Public Universities, Meredith R. Miller
Special Education Year in Review: What's New Legally and So What for Us?, Lynwood E. Beekman
Special Needs and Special Deference: Suspicionless Civil Searches in the Modern Regulatory State, Fabio Arcila
Sprawl, Growth Boundaries and the Rehnquist Court, Michael Lewyn
Sprawl in Europe and America, Michael Lewyn
Strategic Default: The Popularization of a Debate Among Contract Scholars, Meredith R. Miller
Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship (Symposium: Lawyering and Its Discontents: Reclaiming Meaning in the Practice of Law), Marjorie A. Silver, Sanford Portnoy, and Jean Koh Peters
Students' Fourth Amendment Rights in Schools: Strip Searches, Drug Tests, and More, Emily Gold Waldman
Study Smart : The Hands-On, Nuts-and-Bolts Techniques for Earning Higher Grades, Theodore Silver
Substance Abuse, Stress, Mental Health and the Legal Profession, Marjorie A. Silver
Suburban Sprawl, Jewish Law, and Jewish Values, Michael Lewyn
Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn
“Sue Me, Sue Me, What Can You Do To Me? I Love You” A Disquisition on Law, Sex, and Talk, Dan Subotnik
Suffer the Little Children: Justifying Same-Sex Marriage From the Perspective of a Child of the Union, Lewis A. Silverman
Supporting Attorney’s Personal Skills, Marjorie A. Silver
Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, and Ethical Lawyering - October 2009 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, and Ethical Lawyering—October 2009 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court of New York, Kings County: People v. Adbul-Akim, Laura R. Bugdin
Supreme Court of New York, Kings County: People v. Garcia, Adam Hyman
Supreme Court of New York, New York County: People v. Crespo, Bradley Shelowitz
Supreme Court of New York, New York County: People v. Derrell, Maurice M. LaBrie
Supreme Court of New York, New York County: People v. Diggins, Laura R. Bugdin
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Developments, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Taking Ethical Discretion Seriously: Ethical Deliberation as Ethical Obligation, Samuel J. Levine
Taking Ethics Codes Seriously: Broad Ethics Provisions and Unenumerated Ethical Obligations in a Comparative Hermeneutic Framework, Samuel J. Levine
Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to Seek Justice in a Comparative Analytical Framework, Samuel J. Levine
Takings Cases in the October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer
Taking the Ethical Duty to Self Seriously: An Essay in Memory of Fred Zacharias, Samuel J. Levine
Teaching Interdisciplinarily: Law and Literature as Cultural Critique, Deborah Waire Post
Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion, Samuel J. Levine
Teaching Jewish Law in American Law Schools – Part II: An Annotated Syllabus, Samuel J. Levine
Teshuva: A Look at Repentance, Forgiveness and Atonement in Jewish Law and Philosophy and American Legal Thought, Samuel J. Levine
Testamentary Substitutes—A Time for Statutory Clarification, Sidney Kwestel and Rena C. Seplowitz
Testamentary Substitutes: Retained Interests, Custodial Accounts and Contractual Transactions—A New Approach, Sidney Kwestel and Rena C. Seplowitz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The Admissibility of Evidence Protected by Noerr-Pennington, Michael Lewyn
The Admissibility of Hypnotically Enhanced Testimony in Criminal Trials, Gary Shaw
The Affective Assistance of Counsel: Practicing Law as a Healing Profession, Marjorie A. Silver
The Americans with Disabilities Act and Section 504 Update, James P. Drohan
The Appropriate Role of Plaintiff Misuse in Products Liability Causes of Action, Peter Zablotsky
The Art of Early Printed Books: Judaica Gems & English Bibles from the Collection of Rabbi Howard R. Buechler, Beth Mobley
The Bar Exam Essay Maze: A Roadmap Through the Tangle, Bevery McQueary Smith
The Brady Act: Shot Down by the Tenth Amendment, Patricia A. Rooney
The Broad Life of the Jewish Lawyer: Integrating Spirituality, Scholarship and Profession, Samuel J. Levine
The Business Records Exception to the Hearsay Rule - New is Not Necessarily Better, Sidney Kwestel
The Canyon of Doubt: John William Corrington's The Risi's Wife, Louise Harmon
The Case for a Post-Mortem Organ Draft and a Proposed Model Organ Draft Act, Theodore Silver
The Case For Color-Blind Distress Sales, Michael Lewyn
The Commerce Clause Quartet, Martin A. Schwartz and Leon D. Lazer
The Constitutionalization of Ineffective Assistance of Counsel, Richard Klein
The Constitution of Belarus: A Good First Step Towards the Rule of Law, Gary M. Shaw
The Continuing Availability of Retaliatory Discharge and Other State Tort Causes of Action to Employees Covered by Collective Bargaining Agreements, Peter Zablotsky
The Crime Victim’s "Right" to a Criminal Prosecution: A Proposed Model Statute for the Governance of Private Criminal Prosecution, Peter L. Davis
The Cult of Hostile Gender Climate: A Male Voice Preaches Diversity to the Choir, Dan Subotnik
The Day the Dogs Died: A Mad Essay on the Perils of Alien Scholarship, or an Alien Essay on the Perils of Mad Scholarship, Louise Harmon
The Death of Suspicion, Fabio Arcila Jr.
The Doctors’ Trial at Nuremberg, Louise Harmon
The Eleventh Commandment: Thou Shalt Not Be Compelled to Render the Ineffective Assistance of Counsel, Richard Klein
The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right of Effective Assistance of Counsel, Richard Klein
The Empire Strikes Back: Britain's Use of the Law to Suppress Political Dissent in Hong Kong, Richard Klein
The Ethics of Genetic Patenting and the Subsequent Implications on the Future of Health Care, Suzanne Ratcliffe
The Feminist Pervasion: How Gender-Based Scholarship Informs Law and Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, and Joan Macload Hemingway
The Framers' Search Power: The Misunderstood Statutory History of Suspicion & Probable Cause, Fabio Arcila, Jr.
The IAAF Hyperandrogenism Regulations and Discrimination, Shawn Crincoli
The Implications of the Constitution’s Religion Clauses on New York Family Law, Ilene Barshay
The Imposition of the Death Penalty in the United States of America: Does it Comply with International Norms?, Beverly McQueary Smith
“The International Prohibition on Torture,” published as Section 5.3 in International Criminal Law Third Edition, Daniel H. Derby
The Joke in Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik
The Jurisprudence of Action and Inaction in the Law of Tort: Solving the Puzzle of Nonfeasance and Misfeasance from the Fifteenth Through the Twentieth Centuries, Theodore Silver and Jean Elting Rowe
The Jurisprudence of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman)
The Jurists’ Trial and Lessons for the Rule of Law., Harry Reicher
The Latest Word from the Supreme Court on Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Law of Sprawl: A Road Map, Michael Lewyn
The Law Schools, Howard A. Glickstein
The Lawyer Scribe: The Litchfield Law School, Laptops, and the Metaphysics of Soul-Searching, Louise Harmon
The Marriage Tax Revisited: An Analysis of the Tax Consequences of Marriage, Dan Subotnik
The New Labor Law: A Very Limited Management Victory, Howard Glickstein and Bernard D. Gold
The Nuremberg Trials and American Jurisprudence: The Decline of Legal Realism, The Revival of Natural Law, and The Development of Legal Process Theory, Rodger D. Citron
The Preiser Puzzle: Continued Frustrating Conflict Between the Civil Rights and Habeas Corpus Remedies for State Prisoners, Martin A. Schwartz
The Professional Responsibility of Lawyers: Emotional Competence, Multiculturalism & Ethics, Marjorie A. Silver
The Progeny of Lee v. Weisman: Can Student-Invited Prayer at Public School Graduation Still be Constitutional?, Thomas A. Schweitzer
The Prophet Elijah: Three Stories, Lawrence Raful
The Relationship of the Court and Defense Counsel: The Impact on Competent Representation and Proposals for Reform, Richard Klein
The Salience of Race, Deborah W. Post
The Supreme Court 2009 Term Overview and 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, and Leon Friedman
The Supreme Court and Judicial Review: Two Views, Thomas A. Schweitzer
The Supreme Court and Judicial Review: Two Views, Thomas A. Schweitzer
The Supreme Court and The Endangered Species Act (Symposium: The Supreme Court and Local Government Law: 1994-95 Term), Leon D. Lazer
The Supreme Court Rules in Favor of Religious Club’s Right to Meet on Public School Premises: Is this “Good News” for First Amendment Rights?, Thomas A. Schweitzer
The Supreme Court’s Analysis of Issues Raised by Death Penalty Litigants in the Court's 2004 Term, Richard Klein
The Supreme Court's Hands-Off Approach to Religious Doctrine: An Introduction, Samuel J. Levine
The Supreme Court's Land Use Decisions (Symposium - The Supreme Court and Local Government Law, 1993-94 Term), Leon D. Lazer
The Talmudic Rule Against Self-Incrimination and the American Exclusionary Rule: A Societal Prohibition Versus an Affirmative Individual Right, Suzanne Darrow-Kleinhaus
The Uniting for Peace Resolution on the Thirtieth Anniversary of its Passage, Harry Reicher
The Uses and Abuses of Informal Procedures in Federal Civil Rights Enforcement, Marjorie A. Silver
The Viability of Citizens’ Suits Under the Clean Water Act After Gwaltney of Smithfield v. Chesapeake Bay Foundation, Bevery McQueary Smith
The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity, Jack M. Graves and Stephanie A. Vaughan
THOU SHALT NOT PUT A STUMBLING BLOCK BEFORE THE BLIND": THE AMERICANS WITH DISABILITIES ACT AND PUBLIC TRANSIT FOR THE DISABLED, Michael Lewyn
Three Vital Issues: Incorporation of the Second Amendment, Federal Government Power, and Separation of Powers - October 2009 Term, Michael C. Dorf and Erwin Chemerinsky
Through a Glass Darkly: Equal Protection for Home Rule Units in Illinois – Urbana v. Houser, Daniel H. Derby
Time for Every Purpose Under the Heaven: Service – The National Bar Association Model, Beverly McQueary Smith
To Grandmother’s House We Go: Grandparent Visitation after Stepparent Adoption, Peter Zablotsky
Tort Law (Symposium: The Supreme Court and State and Local Government Law: The 1996-97 Term), Leon D. Lazer
Tort Remedies for Victims of Domestic Abuse, Douglas D. Scherer
Toward a Religious Minority Voice: A Look at Free Exercise Law Through a Religious Minority Perspective, Samuel J. Levine
Transfers Prior to Marriage and the Uniform Probate Code's Redesigned Elective Share - Why the Partnership is Not Yet Complete, Rena C. Seplowitz
Transversal Feminism and Transcendence, Deseriee A. Kennedy
Twenty-First Century Planning and the Constitution, Michael Lewyn
Twombly and Iqbal: The Introduction of a Heightened Pleading Standard, Shira A. Sheindlin Honorable
Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, Samuel J. Levine
(Un)Luckey v. Miller: The Case for a Structural Injunction to Improve Indigent Defense Services, Rodger D. Citron
Untold Stories of Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity, Samuel J. Levine
Vermont Civil Unions, Full Faith and Credit, and Marital Status, Lewis A. Silverman
“We Cannot Remain Morally Neutral”: Howard A. Glickstein, Dean, Touro Law Center, 1986-2004, Jeffrey B. Morris
What Balance in Legal Education Means to Me: A Dissenting View, Lawrence Raful
What’s Wrong with Critical Race Theory?: Reopening the Case for Middle Class Values, Dan Subotnik
What's Wrong with Faculty-Student Sex? Response II, Dan Subotnik
What Would Coase Do? (About Parking Regulation), Michael Lewyn
When Is Cumulative Voting Preferable To Single-Member Districting?, Michael Lewyn
When Is Time Brokerage A Transfer of Control? The FCC's Regulation of Local Marketing Agreements and the Need for Rulemaking, Michael Lewyn
Which Wave are You? Comments on the Collected Essays from the Seminar “To Do Feminist Legal Theory”, Deborah W. Post
Who Shall We Admit to Our Club?, Lawrence Raful
Why Not a Justice School? On the Role of Justice in Legal Education and The Construction of a Pedagogy of Justice, Peter L. Davis
Why Pedestrian-Friendly Street Design is Not Negligent, Michael Lewyn
Wild Dreamers: Meditation on the Admissibility of Dream Talk, Louise Harmon
Witnessing the Process: Reflections on Civil Procedure, Power, Pedagogy, and Praxis, Deseriee A. Kennedy
Women and Law: A Comparative Analysis of the United States and Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz and Robert W. Pratt
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz and Robert W. Pratt Honorable
YOU CAN HAVE IT ALL: LESS SPRAWL AND PROPERTY RIGHTS TOO, Michael Lewyn
Your Key to Success in Law School, Theodore Silver and Howard R. Sacks