Content Posted in 2019
53 Years in the Struggle for Equal Rights: An African-American Jurist's Life in the Law (Equal Justice Under The Law: An Autobiography by Constance Baker Motley), Lancelot B. Hewitt
A Colony at Risk, Derrick Bell
Adult Uses and the First Amendment: The Stringfellow’s Decision and Its Impact on Municipal Control of Adult Businesses, Steve McMillen
Advocating for Children with Disabilities in Child Protection Cases, Joshua B. Kay
Afterword: What's Next? Into a Third Decade of Latcrit Theory, Community, and Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, and Anthony E. Varona
A Humble Tribute to Professor Deborah Waire Post upon Her Retirement, Deborah Zalesne
A Jewish Look at Lawyering Ethics a Preliminary Essay, Steven H. Resnicoff
An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston
Ancsa: Sovereignty and a Just Settlement of Land Claims or an Act of Deception, Marilyn J. Ward Ford and Robert Rude
An Inflection Point for Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords
A Note to Our Readers, The Editors
Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct: A Response to Professor Tremblay, Samuel J. Levine
A Pioneer and Role Model, Michelle Zakarin
Applied Anti-Semitism: The BDS Movement and the Abuse of Corporate Social Responsibility, Alexander B. Traum
Arbitration of Workplace Discrimination Claims: Federal Law and Compulsory Arbitration, Norris Case
A Reflection of My Law School Experience, Nicole Spencer
A Reflection of My Law School Experience, Sasha Tinis
A Reflection of My Law School Experience, Melissa A. Trinos
A Reflection upon My First Year of Law School, Beth Gazes
A Retrospective on Race: The View from Long Island, Deborah W. Post
A Tribute to Ilene Barshay, Susan J. Wolfersdorf
A Wayward Notion in New York’s Law: The Unique Employee Rationale for Enforcing Non-Competes, Steven M. Kayman and John Siegel
A "Welfare Prince" Looks at Welfare Reform, Dink Stover
Battling Implicit Bias in the IDEA to Advocate for African American Students with Disabilities, Dustin Rynders
Brown v. State of New York: Judge Simons Says New York State Can Be Held Liable for Money Damages, Eric J. Stockel
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Character And Fitness Requirements For Bar Admission In New York, Avrom Robin
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
Commercial Exploitation Or Protected Use? Stern v. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber and Karin Mika
Confrontation Clause, Court of Appeals: People v. Ortiz
Consensual Searches, the Fairytale That Became a Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Court of Appeals Ballentine v. Koch (decided October 22, 1996)
Critical Race Theory-The Last Voyage, Dan Subotnik
Dedication to the Honorable Richard D. Simons, Patrick M. Connors
Diplomatic Impunity: Time for a Change?, Phil Felice
Disaster Legal Tech: Strategies for Providing Legal Information to Survivors, Jeanne Ortiz-Ortiz and Jessica Penkoff
Disciplinary Regulation of Prosecutorial Discretion: What Would a Rule Look Like?, Samuel J. Levine
Discrimination Cases, Eileen Kaufman
Does New York's Death Penalty Statute Violate the New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, and Richard Klein
Donor Intent, Disaster Relief, Education, and Policy, Marian Conway Ph.D.
Double Jeopardy, Court of Appeals: People v. Latham
Double Jeopardy, Court of Appeals: People v. Vasquez
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy, Supreme Court, Appellate Division Second Department: People v. Haishun
Double Jeopardy, Supreme Court, Appellate Division Second Department: People v. Quamina
Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People v. Steele
"Doubts About Our Processes": Richard D. Simons and the Jurisprudence of Restraint in State Constitutional Analysis, David E. McCraw
Due Process, Court of Appeals: Chaya S. v. Frederick L.
Due Process, Court of Appeals: Daxor Corporation v. New York State Department of Health
Due Process, Court of Appeals: People v. Thompson
Due Process People v. Scott (decided June 5, 1996)
Due Process Pringle v. Wolfe (decided 28, 1996)
Due Process Supreme Court Appellate Division
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Third Department
Due Process, Supreme Court, Genesee County: Daniel S. v. Dowling
Due Process, Supreme Court New York County: People v. Julio Batiz
Due Process, Supreme Court New York County: Ramanadhan v. Wing
Due Process Supreme Court Rockland County
Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti
Employees: Show Us Your Paycheck, Dina Mastellone
Employer Regulation of Romantic Relationships: The Unsettled Law of New York State, Alyce H. Rogers
Employment Discrimination and Presidential Immunity Cases, Dean Eileen Kaufman
Endrew F. Clairvoyance, Mark C. Weber
Endrew F.’s Journey to a Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Equal Protection, Court of Appeals: Trustees of Union College v. Schenectady City Council
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection, Supreme Court, New York County: Walter v. City of New York Police Department
Establishment of Religion, Court of Appeals: Grumet v. Cuomo
Establishment of Religion, Court of Appeals: Park Slope Jewish Center v. Congregation B'nai Jacob
Establishment of Religion, Supreme Court, Appellate Division, First Department: Robbins v. Bright
Establishment of Religion Supreme Court Appellate Division Third Department
Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler and David S. Gould
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Exigent Circumstances and Searches Incident to Arrest in New York: The Difficulties and Distinctions, Kyle Knox
Ex Post Facto Laws: Supreme Court New York County People v. Griffin (decided December 5, 1996
Fake News, Alternative Facts, and Disinformation: The Importance of Teaching Media Literacy to Law Students, Marin Dell
Fourth Department Time Square Books, Inc., v. City of Rochester
Free Appropriate Public Education After Endrew F. v. Douglas County School District (2017), Terrye Conroy and Mitchell L. Yell
Freedom of Speech - How Does the New York State Constitution Compare to the United States Constitution?, Eileen Kaufman and Leon Friedman
Free Speech, Court of Appeals: People v. Tichenor
Free Speech, Court of Appeals: Rogers v. New York City Transit Authority
Free Speech, Supreme Court, Appellate Division, Third Department: MacFarlane v. Village of Scotia
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach v. Farrell
From Enemies of The Crown to Regional Telephone Companies: Bills of Attainder Reappraised, Michael L. Landsman
Gasperini in Line with Erie: New York Law Determines Excessiveness of Verdict in Diversity Cases, Edie C. Grinblat
Gender Pay Gap: The Time to Speak up Is Now, Samantha M. Sbrocchi
Gift or Loan of State Money, Court of Appeals Gagliardo v. Dinkins
Governmental Takings, Court of Appeals: Kim v. City of New York
Hamilton v. Accutek: Potential Collective Liability Of The Handgun Industry For Negligent Marketing, Tyrone Hughes
High Drama on the High Court: The First Amendment in the 1996 Term, Marjorie Heins
Hindsight is Twenty-Twenty, Shanna L. Butler
Honoring Our Silent Neighbors to the South: The Problem of Abandoned or Forgotten Asylum Cemeteries, Louise Harmon
Hopwood, Equal Protection, and Affirmative Action: Can Anyone's Ox be Gored?, David J. Jannuzzi
How to Get Away with Murder: the “Gay Panic” Defense, Omar T. Russo
Ilene Barshay: A Beloved Friend and Colleague, Rena C. Seplowitz
I’ll See You in Court, but Not Pursuant to DASA, Adam I. Kleinberg and Alex Eleftherakis
Immediate Accessibility or Mere Transport: The Dueling Interpretations of the "Carrying" Element of 18 U.S.C. § 924 (c)(1), Laurette Domingo Mulry
Introduction, Dean Howard A. Glickstein, Robert Gould, and Gary Shaw
Introduction, Dean Howard Glickstein
Introduction, Honorable Leon D. Lazer
Introduction, Deborah W. Post
Introduction, Robert A. Heverly
Issues in Internet Pornography, Paul J. McGeady and Michael Godwin
It Was a Very Good Year - for the Government: The Supreme Court's Major Criminal Rulings of the 1995-1996 Term, William E. Hellerstein
Legislative Powers, Court of Appeals Blue Cross & Blue Shield v. McCall
Let All Voters Vote: Independents and the Expansion of Voting Rights in the United States, Jeremy Gruber, Michael A. Hardy, and Harry Kresky
Let’s Try Again: Why the United States Should Ratify the United Nations Convention on the Rights of People with Disabilities, Arlene S. Kanter
Licensing Issues on the Internet, Steven Masur, Neil J. Friedman, and Judith M. Saffer
Limits on Preemption and Punitive Damages: Can They Be Related?, Peter Zablotsky
Miriam's Oasis, David Nimmer
Mixed Signals: What Can We Expect from the Supreme Court in This Post-ADA Amendments Act Era?, Nicole Buonocore Porter
My 1L Experience, Izolda Aliyeva
My 1L Experience: Felt like I Was Running a Marathon Going at a Hundred Miles an Hour, Louis Collins
My First Year of Law School, Kimberly-Ann Cruz
My Friend, Ilene Barshay, Heather Melniker
NEPOC and the Northeast Corridor Collective of Black Women Law Professors, Anita L. Allen
New York Public School Financing Litigation, Honorable Leon D. Lazer
New York's State Constitution in National Context, Robert F. Williams
New York State Constitutional Law Trends and Developments: Introduction, Howard Glickstein and Barry Latzer
New York vs. "The Rest of the Country": State Constitutional Criminal Procedure, Barry Latzer
NorthEast Corridor, Phoebe Haddon
OF FALSE TEETH AND BITING CRITIQUES: JONES v. FISHER IN CONTEXT, Regina Austin
Off Broadway: The Supreme Court's Criminal Law Decisions in the 1996 Term Take Second Stage in an Historic Term, William E. Hellerstein
On the Occasion of Deborah Post’s Retirement, Margaret Barry
Our Story, Denisse Mira
Physician Assisted Suicide, Leon Friedman
Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein v. DiNapoli
Preschool and Lead Exposed Kids: The Idea Just Isn’t Good Enough, Karen Syma Czapanskiy
Privileges and Immunities, Criminal Court New York County, People v. Moore
Product Liability Issues In Mass Torts - View From the Bench, Hon. Helen E. Freedman
Prosecutorial Readiness, Speedy Trial and the Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky and Jonathan I. Edelstein
Public Welfare, Supreme Court Monroe County, Brown v. Wing
Race as Resistance: Racial Identity as More Than Ancestral Heritage, Chris K. Iijima
Race Consciousness: A Mere means of Preventing Escapes from the Control of Her White Masters?, Reginald Leamon Robinson
Race, Redistricting and a Republican Poll Tax: The Supreme Court's Voting Rights Decisions of the 1995-96 Term, Frank Parker
Ramifications of Denny v. Ford Motor Co., Peter J. Ausili
Reflection of My Law School Experience, Mayerline Rossi
Reflections on Way Paving Jewish Justices and Jewish Women, Justice Ruth Bader Ginsburg
Remembering Ilene Barshay—Classmate, Colleague and Friend, Joseph B. Rosenberg
Revisiting Ashley X: An Essay on Disabled Bodily Integrity, Sexuality, Dignity, and Family Caregiving, Julia Epstein and Stephen A. Rosenbaum
Rights and Freedoms Under the State Constitution: A New Deal for Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, and Robert A. Heverly
Rights and Freedoms Under the State Constitution: A New Deal for Welfare Rights, Helen Hershkoff
Right to a Speedy Trial, Supreme Court, Appellate Division, Second Department: People v. Coplin
Right to Counsel, Court of Appeals: People v. Carracedo
Right to Counsel, Court of Appeals: People v. Cohen
Right to Counsel, Court of Appeals: People v. Wilson
Right to Counsel, Supreme Court, Appellate Division, First Department: People v. Leslie
Right to Counsel, Supreme Court, Appellate Division Second Department, People v. Taylor
Right to Counsel, Supreme Court, Appellate Division, Third Department: People v. Gabriel
Right to Counsel, Supreme Court, Appellate Division, Third Department: People v. Himko
Right to Counsel, Supreme Court, Queens County: People v. Bell
Right to Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes v. Tomei Court
Right to Jury Trial, Supreme Court, Dutchess County: People v. McIntosh
Right to Trial by Jury, Court of Appeals People v. Foy
Right to Trial by Jury, Court of Appeals People v. Knowles
Right to Trial by Jury, Court of Appeals People v. Page
Right to Trial by Jury, Supreme Court, Appellate Division Fourth Department People v. Perkins
Search and Seizure, Court of Appeals, People v. Batista
Search and Seizure, Court of Appeals: People v. Funches
Search and Seizure, Court of Appeals, People v. Gonzalez
Search and Seizure, Court of Appeals, People v. Quackenbush
Search and Seizure, Court of Appeals: People v. Turriago
Search and Seizure, Supreme Court, Appellate Division, First Department: People v. LaFontaine
Search and Seizure, Supreme Court, Appellate Division, First Department: People v. Smith
Search and Seizure, Supreme Court, Appellate Division, Second Department: People v. Hichez
Search and Seizure, Supreme Court, Appellate Division, Second Department: People v. King
Search and Seizure, Supreme Court, Bronx County: People v. Johnson
Search and Seizure, Supreme Court, Bronx County People v. Williams
Search and Seizure, Supreme Court, New York County: People v. Rodgers
Search and Seizure, Supreme Court, Queens County: People v. Brewer
Second Department Tillman v. Distribution Systems of America
Section 1983 in the Second Circuit, Honorable George C. Pratt
Section 1983 Litigation, Martin A. Schwartz and Honorable George C. Pratt
Section 1983 Litigation, Honorable George C. Pratt and Martin A. Schwartz
Section 1983 Litigation, Martin A. Schwartz
Self-Incrimination, Court of Appeals People v. Siegel
Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People v. Hall
Self-Incrimination, Supreme Court, Appellate Division Second Department People v. Hendricks
Self-Incrimination, Supreme Court, Appellate Division, Third Department: In re Gladys H.
Self-Incrimination, Supreme Court, Bronx County: Seabrook v. Johnson
Self-Incrimination, Supreme Court, Suffolk County: People v. Shulman
Separation of Powers, Supreme Court, Appellate Division, Third Department: Dorst v. Pataki
Sexual Discrimination and Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law to Consenting Minors, Douglas McNamara
She Dressed to the Nines and Knew “How to Write Good”, Han Sheng Beh and Alice Jakyung Choi
“Show Me Your Papers”: An Equal Protection Violation of the Rights of Latino Men in Trump’s America, Monica Chawla
Solitary Confinement of Juvenile Offenders and Pre-Trial Detainees, Nicole Johnson
“Some Things Are Too Hot to Touch”: Competency, the Right to Sexual Autonomy, and the Roles of Lawyers and Expert Witnesses, Michael L. Perlin, Alison J. Lynch, and Valerie R. McClain
State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, and Luke Bierman
Supreme Court, New York County Stringfellow's of New York Ltd. v. City of New York
Symposium Current Issues in Disability Rights Law, Samuel J. Levine
Taking Back Bitcoin, Zachary Segal
The Application of Title II of the Americans with Disabilities Act to Employment Discrimination: Why the Circuits Have Gotten It Wrong, William Brooks
The Asylum Makeover: Chevron Deference, the Self-Referral and Review Authority, Jessica Senat
The Blurred Protection for the Feel or Groove of a Song Under Copyright Law: Examining the Implications of Williams v. Gaye on Creativity in Music, Olivia Lattanza
The Brady Act: Shot Down by the Tenth Amendment, Patricia Rooney
The Calm After the Storm: 45 Years of the ABA Young Lawyers Division’s Disaster Legal Services Program, Andrew Jack VanSingel
The Constitution as Poetry, Samuel J. Levine
The Court and the Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, and Peter Galie
The Criminalization of Walking, Michael Lewyn
The Defense of "Fair Use": A Primer, Alan J. Hartnick
The De Minimis Defense in Sound Recordings: How a Trivial Claim Leads to a Big Question, Elvin Canario
The Elimination of Child "Custody" Litigation: Using Business Branding Techniques to Transform Social Behavior, Elena Langan
The Emperor’s New Clothes: An Intersection of Presidential Immunity and Criminal Accountability, Nicholas J. Maggio
The First Amendment in the Supreme Court: The Future Lies Ahead, Dean Joel M. Gora
The Future of Disability Rights Protections for Transgender People, Kevin M. Barry and Jennifer L. Levi
The Glannon Guide to Contracts, Theodore Silver
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly McQueary Smith
The Internet: Is it Broadcasting?, Jonathan I. Ezor, Peter Brown, and Peggy Miles
The Joke Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik
The Least Restrictive Environment for Providing Education, Treatment, and Community Services for Persons with Disabilities: Rethinking the Concept, Donald H. Stone
"The Liberal Agenda": Biblical Values and the First Amendment, Burton Caine
The Minor Donor-Sibling Dilemma: Are Bone Marrow Donation Decisions up to the Parent or the Child?, Christina Carone
The Northeast People of Color Conference, Robert V. Ward Jr.
The Politics of Race on the Electronic Highway: An Analysis of the Video Dialtone Redlining Cases, and the Nynex Consent Decree in Roxbury, Madeleine Mercedes Plasencia
The Post-Alice Jurisprudence Pendulum and Its Effects on Patent Eligible Subject Matter, John Robert Sepúlveda
The Public Trust Doctrine: The Development of New York’s Doctrine and How It Can Improve, Steven Fink
The Right to Appointed Counsel in Termination of Parental Rights Proceedings: The State's Response to Lassiter, Rosalie R. Young
The Salience of Race, Deborah W. Post
The Supreme Court And Local Government Law 1995-96 Term Introduction, Dean Howard A. Glickstein
The Ultimate Matrimonial Motion Practice Primer, Joel R. Brandes and Bari B. Brandes
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Thirteen Stories, Anthony Paul Farley
Through the Smoke: Do Current Civil Liability Laws Address the Unique Issues Presented by the Recreational Marijuana Industry?, Thomas Stufano
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
"To Be or Not to Be a Parent?" the Search for a Solution to Custody Disputes over Frozen Embryos, Esther M. Schonfeld
To Heal Another or to Protect Oneself?: HIV Under the ADA in Light of Bragdon v. Abbott, Leah Guidry
Tort Law, Honorable Leon D. Lazer
Transforming Trade Secret Theft Violations into Federal Crimes: The Economic Espionage Act, Lorin L. Reisner
Trial by Water: Reflections on Superstorm Sandy, Thomas Maligno and Benjamin Rajotte
Tribute to Professor Deborah Waire Post, Paula C. Johnson
United States v. Virginia: Does Intermediate Scrutiny Still Exist?, Eric J. Stockel
Voting Rights, Eric Lane
What’s the CRAIC? Health Care for Deaf People in Northern Ireland, Michael A. Schwartz
What's Wrong With This Picture?: The National Endowment for the Arts and the "Decency and Respect" Standard, Lillian M. Spiess
When is the New York Court of Appeals Justified in Deviating from Federal Constitutional Interpretation?, Honorable Richard D. Simons
When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, and Ann E. Woodley
Why America Is Better off Because of the Americans with Disabilities Act and the Individuals with Disabilities Education Act, Peter Blanck
Why a Monkey’s Action of Taking a Selfie Should Expand the Definition of an Author in the Copyright Act, David Schneider
Why and How the Issue of Copyright Registration Made Its Way up to the Supreme Court, Justin Scharff
Why New York Should Legalize Surrogacy: A Comparison of Surrogacy Legislation in Other States with Current Proposed Surrogacy Legislation in New York, Briana R. Iannacci
Why Not Believe Women in Sexual Assault Cases?: An Engagement with Professors Tuerkheimer, Colb, and Many Others, Dan Subotnik