Content Posted in 2023
ABA Model Rule 8.4(g), Discriminatory Speech, and the First Amendment, Bruce A. Green and Rebecca Roiphe
Abortion and State Constitutional Guarantees: The Next Battleground, Mark Strasser
A Defense of Perpetual Trusts, Danny Fein
Adopting Nationality, Irina D. Manta and Cassandra Burke Robertson
Adult Guardianship Privacy, Redaction, and Professional Responsibility, Alberto B. Lopez
An Account of the Deliberations of the Faculty Committee on Academic Freedom and Unacceptable Speech, Matthew W. Finkin
An Artist's Right to Their Fair Share: How the Playing Field for Public Rights in America Could be Dramatically Altered, Yonatan Bertel
An Historical and Empirical Analysis of the CyPrès Doctrine, Christopher J. Ryan
Anti-Discrimination Ethics Rules and the Legal Profession, Micahel Ariens
Are Human Rights Violations Finally Bad for Business? The Impact of Magnitsky Sanctions on Policing Human Rights Violations, Adam Gomes-Abreu
Artificial Intelligence in the Criminal Justice System: The Ethical Implications of Lawyers Using AI, Taylor Brodsky
Beyond Dusky: Developing A Statutory Affirmative Defense For Individuals With Autism Spectrum Disorder, Sara Murphy
Beyond the Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush
Biden Could Protect Tens of Thousands of Abused Immigrant Children from Deportation With One Small Fix, Theo Liebmann, Lauren Aronson, and Andrea Ramos
Borrowings and Boomerangs: A Comparative Law Perspective on Resonance in Transnational Anti-Corruption Law Enforcement, Fred Einbinder
"Breathing Space to Survive"--The Missing Component of Model Rule 8.4(g), Margaret Tarkington
Built for Business: The Commercial Need for Aggregate Litigation, Jack Zarin-Rosenfeld
Campaign Finance Reform, Union Dues, and the First Amendment: The Collision of Politics and Rights, Mark L. Adams
Can You Be a Legal Ethics Scholar and Have Guts?, Cynthia Godsoe, Abbe Smith, and Ellen Yaroshefsky
Choosing Death, Shaping Death: Assumptions About Disabilities, Race, and Death, Janet L. Dolgin
Comment, Guido Calabresi
Comment, Eduardo Peñalver
Comment, Danielle Holley
Comment, Francesca Procaccini
Comment, Genevieve Lakier
Comment on Freedom of Expression in American Legal Education, Robert Post
Comment on Free Speech in Law Schools, Erwin Chemerinsky
Common Law Business Trusts, Anonymity, and Inclusion, Eric C. Chaffee
Comparative Analysis of American and Chinese Letter of Credit Law: To Mitigate or Not to Mitigate That is the Question, Jingen Wang and Larry A. DiMatteo
Conceiving Consistency: Giving Birth to a Uniform "Best Interests of the Child" Standard, Victoria L. Pepe
Considering the Consequences of an Unchecked Presidential Recognition Power for U.S. Taiwan Policy, Julian G. Ku
Constitutional Adjudication in the United States as a Means of Advancing the Equal Stature of Men and Women Under the Law, Ruth Bader Ginsburg
Cooperation with Federal Prosecutors: Experiences of Truth Telling and Embellishment, Ellen Yaroshefsky
Corporate Entanglement with Religion and the Suppression of Expression, Ronald J. Colombo
Corporate Governance and Bankruptcy, Daniel J.H. Greenwood
Death by Deduction: Section 2058 and The Decline of State Death Taxes, Jeffrey A. Cooper
Designing Related-To Bankruptcy Jurisdiction, Jack Zarin-Rosenfeld
Do You Even Know Me?: A.I. and It's Discriminatory Effects in the Hiring Process, Gianfranco Regina
Expanding the Federal Work Product Doctrine to Unrepresented Litigants, Jennifer A. Gundlach and Zeus Smith
Exposing the Deceit About Disparate Impact, Kimberly West-Faulcon
Express Dispute Assessment: A Much-Welcomed Form of Expert Neutral Evaluation (ENE) at the Stockholm Chamber of Commerce, Ylli Dautaj and William F. Fox
Family Limited Partnerships, Bona Fide Sales, and Inadequate Consideration, Grayson M.P. McCouch
Fan to Fan, They're Cheating You: American Fans' Collective Nightmare and the Need for Uniform Regulation of America's Secondary Ticketing Market, Irini Christina Tsounakas
FCRA-Divergent Employment Laws, Public Policy, and the Doctrine of Preemption, Lawrence D. Bernfeld
Flexible Beneficiary Trusts: Reducing Income Tax on Non-Grantor Trusts, Jonathan G. Blattmachr and Martin M. Shenkman
Forensic Science; Far From "Scientific Certainty", Kathleen Dewitt
Fourteenth Amendment Confrontation, Evan D. Bernick
#FreeBritney: A Social Media Movement Shining a Light on Guardianship Abuse and Oversight, Nicole C. Palas
Free Speech on Campus: The Attack from Within, Kevin T. Baine
Free Speech Rules, Free Speech Culture, and Legal Education, Eugene Volokh
French Tort Law Reform: A Rapprochement to Other Legal Systems?, Dimitra Tsiaklagkanou
Fringe Inheriting: Probate Avoidance at Both Ends of the Wealth Spectrum, Allison Tait
From Smallpox to Covid-19: Social and Legal Responses to Vaccinations and Vaccine Mandates, Janet L. Dolgin
Functional Siblings, Donor-Conceived People -- And Intestacy, Naomi R. Cahn
Girl-bossing Too Close to the FTC Regulations: How MLMs Avoid FTC Enforcement Actions and the Need for More Stringent Regulation, Theresa J. Kelley
Hacking Healthcare: Ransomware as a Rising Contagion, Elizabeth Stachtiaris
Heien V. North Carolina and the Unreasonable "Reasonable Mistake" of Law, Eugene R. Milhizer
How did Amazon Reach its Prime?, Mary Serene Carino
How Law Schools Can Fight for Fearless Speech, Mary Anne Franks
How Low Can They Go? The Need for a Federal Minimum Whistleblower Protection, Conner J. Quinn
Identity Appropriation and Wealth Transfer: Twain, Cord, and the Post-Mortem Right of Publicity, Alyssa A. DiRusso and Timothy J. McFarlin
Improving Outcomes for Youth Aging Out of Foster Care by Increasing the Age and Quality of Care, Louisa Maria Portnoy
In a Galaxy … Not so Far Away: The Privatization of Space Flight and the Need for Labor Laws in Outer Space, Taylor Brodsky
In Pursuit of Balance: Vicarious Liability Doctrine in the United Kingdom and India, M.P. Ram Mohan and Sai Muraidhar K.
Integral Citizenship, Cassandra Burke Robertson and Irina D. Manta
Introduction: Freedom of Expression at American Law Schools, Norman I. Silber
Introduction: Freedom of Expression at American Law Schools, Norman I. Silber
Ireland's Tax Code May Be Changing, But One Thing Remains: How Capital Allowances For Intangible Assets Continue to Draw Tech Giants to the Emerald Isle, Daryl Caffarone
Is Emotion The Enemy of Reason? The Role of Emotion in the Legal System, Susan A. Bandes
Joining the Global Community in the Fight Against Financial Secrecy: Congress Enacts the Corporate Transparency Act to Mandate Beneficial Ownership reporting in the United States, Glenn G. Fox, Raj A. Malviya, Michael A. Breslow, and Kevin L. Shepherd
Legislation's Culture, Richard K. Neumann Jr.
Let Them Play: The Case for Allowing Minors to Play Professional Sports, Zachary Bawduniak
Lies, Gaslighting and Propaganda, G. Alex Sinha
Married, with Children at Death, Emily S. Taylor Poppe
Mitigation Works: Empircal Evidence of Highly Aggravated Cases Where the Death Penalty Was Rejected at Sentencing, Russell Stetler, Maria McLaughlin, and Dana Cook
Monopolistic Excessive Pricing as an "ESG Violation", Lior Frank
Need Not Hire Here: Where Colorado's "Equal Pay for Equal Work" Act Could Better Serve Its Residents
Nestlé vs. Dow and the Humanitarian Slavery Crisis in the Cocoa Industry, Christopher Cartier
Nobody has a "Corner on the Market": The Collaborative Use of Both In-House Counsel and Outside Counsel, Jeffrey Newton
No WARNing Necessary: Why the Invalidation of a WARN Act Exception Spells Disaster for Employees, Devin W. Burdo
Of Privacy and Publicity: Symbiotic Rights (Or Wellspring of Obfuscation), Jeffrey L. Carson and Trace Brooks
On a Scale From 1 to 1557, How Much Justice is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta
Once Bitten, Twice shy -- Multiple Voting Shares in Continental Europe, Jorge Brito Pereira
Orienting Toward Party Choice: A Simple Self-Determination Tool for Mediators, Robert A. Baruch Bush and Dan Berstein
Original(ism) Sin, G. Alex Sinha
OSHA's Interaction with the ADA: How it is Limiting Anti-Discriminatory Worker Protections, Danielle L. Jacobs
Parents Under Pressure: Why CPS needs to Tell Parents Their Rights Before Walking in the Door, Nicole E. Imperatore
Pennsylvania Lawyers Behaving Badly: Is 8.4(g) a Solution?, Ellen Brotman and Amy Coco
Person, State, or Not: The Place of Business Corporations in Our Constitutional Order, Daniel J.H. Greenwood
Prison Health Care After the Affordable Care Act: Envisioning an End to the Policy of Neglect, Evelyn Malave
Privacy in Plain Sight: How Blockchain Assets and Decentralized Technology Can Increase Privacy in Inheritance, Tye J. Cressman
Privacy, Probate, and Nazi-Plundered Art, Alex Swanson
Progressive Taxation and a Conservative Supreme Court: Reading the Tea Leaves, Mitchell M. Gans
Proposing a Model Antilapse Clause, Raymond C. O'Brien
Psychiatry in the Courtroom: Relying on the American Psychiatric Association's Manuals to Resolve Disputes About Personal Status, Janet L. Dolgin
Put Down the Phone! The Standard for Witness Interviews is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, and Dana Cook
Recovery from the COVID-19 Pandemic: The Case of Vietnam's Foreign Trade, Nguyen Thi Thu Hoan
Redefining the Lawyer's Role in Calls for a Dignified Death, Patricia Bober
Re-directing the 50-Year-Long War on Drugs in the United States: Safe Injection Sites as the Necessary Weapons, Tessa Ptucha
Reimagining Lawyering: Supporting Well-Being and Liberation, Susan Brooks
Relational Contracting in International Commercial Trade, Kathryn St. John
Religious Freedom and the Business Corporation, Ronald J. Colombo
See Something; Say Something: Model Rule 8.4(g) is not OK, William Hodes
Should You Have To Be A Lawyer To Do That?, Bruce Green
Standing Back and Standing Down: Citizen Non-Cooperation and Police Non-Intervention as Causes of Justice Failures and Crime, Paul H. Robinson, Jeffrey Seaman, and Muhammad Sarahne
Strange Bedfellows: The Pervasive Influence of Constitutional Law on Labor Arbitration, David V. Johns
Terroir and Tannins: How to Amend 27 C.F.R. to Bring French-Style Quality to the American Wine Consumer, Zachary Mike
Textualism's Immigration Problem: Stabilizing Interpretive Rules on Noncitizens' Rights and Remedies, Peter Margulies
The Best Offense is a Good Defense: Fourth Amendment Implications of Geofence Warrants, Brian L. Owsley
The Calling of the Counselor in Counseling Families, Part 2, Ronald D. Aucutt
The Changing Role of the US Supreme Court: A Conversation with Professor Leon Friedman, A. Gail Prudenti, Julian Ku, and Leon Friedman
The Complexities of International Cybercrime and Security: Updating Laws for a New Digital Age, Jesslyn Bracco
The Corporation as a Chartered Government, David Ciepley
The Crossroad Between Employees and Contractors
The Determination of Embryonic Status: Merging Context and Whim, Janet L. Dolgin and Renee McLeod-Sorjan
The D'Oench Doctrine of "Common-Law Equitable Estoppel" and 12 U.S.C. § 1823(e): Reinterpreting the Federal Policy Designed to Protect Bank Regulators to the Detriment of Innocent Borrowers, Christopher Picciano
The Elephant in the Room in Clinical Scholarship: Ethical Guardrails and Case Histories, Theo Liebmann and Stefan H. Krieger
The Future of International Trade Law: A Conversation With US Trade Representative Katherine Tai, Katherine Tai and Julian Ku
The Global Relevance of the EU Single Market on Insurance after the Insurance Distribution Directive (IDD), Pierpaolo Marano
The Housing Loophole: Housing Discrimination's Impact on Long Island's Public School System, Leyna Brostowski
The International Illegal Trade of Organs on the "Red" Market: How the Will to Live can Become the Recipe to Die by Invoking Ethical, Criminal and Property Implications Around the Globe, Arianna L. Bianchino
The Kids are Alright, Thomas Healy
The Long and Winding Road: Diversity, Homophily, and the C-Suite Path to Becoming a CEO, Martin A. McCrory, George F. Dreher, Gaurav Jain, and April E. Sellers
The Long Road to New York's Anti-Discrimination and Anti-Harassment Ethics Rule, Ellen Yaroshefsky
The Myths of the Electoral College: A Conversation with Jesse Wegman, Member of the New York Times Editorial Board, Jesse Wegman
The Next Gerneration Professional: An opportunity to Reframe Legal Education to Center Student Wellness, Benjamin Afton Cavanaugh
The Post-Mortem Right of Publicity: Defining It, Valuing It, Defending It ad Planning for It, Sharon L. Klein and Jenna M. Cohn
The Problem of Charitable Trust Enforcement: Addressing the Insufficiencies of the Attorney General System and Proposing New Reform, Morgan Wahler
The Province of the Law: Foundations and Limits of Legal Interpretation, Neomi Rao
"The Remedy to be Applied is More Speech": Rights, Responsibilities, and Obligations of Free Expression at Law Schools, Frederick M. Lawrence
The Role of Whisteblowers in the Recovery of Covid-19 Relief funds and the Need to Expand the FCA's Qui Tam Provision, Ashley Miskovsky
The Slayer Rule: An Empirical Examination, Fredrick E. Vars
The Spear and Shield: Governmental Intervention in White-Collar Crimes and Defendants' Privileges, Harry Chen
The Thin Blue Line Between Virtue and Vice: Confronting the Moral Harms of Policing, G. Alex Sinha
The Time Has Come: A Proposal for New York to Legalize Physician-Assisted Death, Samantha Knice
The Unmet Promise of Gideon and The Right to Counsel, April Frazier Camara, Fred Klein, and Elizabeth Nevins-Saunders
The World is Not Flat: Conference Planning and Presentation as Part of a Multidimensional Understanding of Scholarship, Iselin Gambert, Amy R. Stein, and Karen Thorton
The World's Big Threat That is Not being Taken seriously: Ecocide and the Inadequacies of International Environmental Law, Kelsey Ferris
Title VII Trials - and Tribulations: Examining the Divergent Roles of Judge and Jury Under the Act's Enhanced Remedial Scheme, Michael D. Moberly
To Ban Ransomeware Payments or Not to Ban Ransomware Payments: The Problems Drafting Legislation in Reponse to Ransomware, Sean O'Connell
Tolerance Means Dialogue, Susan Poser, William Eskridge Jr., Robin Fretwell Wilson, Julian Ku, Jamin Enquist, Ferida Osman, and Meredith Frank
To My Children in Equal Shares: The Flaw of Estate Planning When Property is Devised to Beneficiaries as Tenants in Common, Camille M. Davidson
Trust Alteration and the Dead Hand Paradox, Jeffrey N. Pennell and Reid Kress Weisbord
Understanding the Metacognitive "Space" and its Implications for Law Students' Learning, Jennifer A. Gundlach and Jessica R. Santangelo
Use of the NFLPA's Collective Bargaining Agreement to Tackle Health and Safety Issues Plaguing Active and Retired NFL Players, Kelly Fitzgerald
Violations During the Pandemic of Law School Faculties' Authority to Decide Methods of Instruction, Richard K. Neumann Jr.
Virtual Art and Non-Fungible Tokens, Lawrence J. Trautman
Voiceless Victims: Addressing the Issues of Prosecuting Intimate Partner Violence Without Victim Cooperation, Carolyn Powers
Voting Rights or Voting Entitlements?, James J. Sample
WADA: Wasting Efforts on the Wrong Dopes, Kyle Facibene
What 2020 Really Needed: A New Standard for Impeachment, Erin Daley
What a Board Wants, What a Board Needs: A New Way to Evict a Property Owner for Bad Behavior in Common Interest Communities, Amanda Ricci
What Went Down When You Went Under? The Performance of Nonconsensual Pelvic Exams on Unconscious Patients, Gabriella Ferreira
When Exemptions Discriminate: Unlawfully Narrow Religious Exemptions to Vaccination Mandates by Private Colleges and Universities, Ronald J. Colombo
Where is the Action? Choosing Securities Joinder Action Over Securities Class Action in Korea, Joon Buhm Lee
Who Benefits?: How the AIA Hurt Deceptively Non-Joined Inventors, Jordana R. Goodman
Work Accidents: A Drama in Three Acts, Lawrence M. Friedman
Wrongful Imprisonment and Coerced Moral Degradation, G. Alex Sinha and Janani Umamaheswar