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This year, work by New York Law School’s faculty was published or accepted for publication in the Columbia Law Review, the University of Pennsylvania Law Review, the Duke Law Journal, the Northwestern University Law Review, the Cornell Law Review, the Iowa Law Review, the Notre Dame Law Review, the Boston College Law Review, the Harvard Journal of Law and Public Policy, and other top journals.
This influential and timely scholarship is helping to shape the law and advance legal education.
Please enjoy these featured selections and others.
Anthony W. Crowell
Dean and President
Professor of Law |
William P. LaPiana
Associate Dean for Academic Affairs
Solomon Professor of Wills and Trusts
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| SCHOLARLY VOICES |
Certain doctrines in patent law seem to exacerbate the crisis in scientific reproducibility, as demonstrated by several case studies of blockbuster drugs, Jacob Sherkow writes in the Duke Law Journal.
The transformative and hotly debated “Internet of Things” poses unique contracting issues related to how hybrid transactions—those involving the provision of goods, software, and services—can be evaluated under Article 2 of the Uniform Commercial Code, and resolving these questions may have important implications for consumers, Stacy-Ann Elvy contends in the Washington and Lee Law Review.
Traditional privacy torts are not always adequate to defend victims of non-consensual pornography, and practitioners would be well-advised to add breach of confidentiality to their legal arsenals, Ari Ezra Waldman asserts in the Iowa Law Review.
Conflicts of interest, endemic to prosecutors’ jobs, can undermine their ability to serve the public interest, and prosecutorial offices must adapt to better manage how prosecutors make decisions, Rebecca Roiphe writes in the Boston College Law Review.
The relationship between constitutional law and emotion is reciprocal: Just as constitutional law establishes institutions that construct emotions in the public arena, the feelings constructed by those institutions alter constitutional meaning, Doni Gewirtzman writes in a chapter of The Routledge Research Companion to Law and Humanities in Nineteenth-Century America.
After half a century of political “trickery,” we must make American officials accountable again to restore trust in government, David Schoenbrod asserts in the Harvard Journal of Law and Public Policy.
NEW AND FORTHCOMING | LAW REVIEWS
“Open to Justice: The Importance of Student Selection Decisions in Law School Clinics” by Deborah Archer—Clinical Law Review
“Contested Visions: The Value of Systems Theory for Corporate Law” by Tamara Belinfanti (co-author)—University of Pennsylvania Law Review
“Commodifying Consumer Data” by Stacy-Ann Elvy—Boston College Law Review
“Paying for Privacy and the Personal Data Economy” by Stacy-Ann Elvy—Columbia Law Review
“Transsexual, Transgender, Trans: Reading Judicial Nomenclature in Title VII Cases” by Kris Franklin (co-author)—Berkeley Journal of Gender, Law, and Justice
“Exploring the Origins of America’s ‘Adversarial’ Legal Culture” by Edward Purcell Jr.—Stanford Law Review Online
“What Changes in American Constitutional Law and What Does Not?” by Edward Purcell Jr.—Iowa Law Review Online
“The Judicial Legacy of Louis Brandeis and the Nature of American Constitutionalism” by Edward Purcell Jr.—Touro Law Review
“The Duty to Charge in Police Use of Deadly Force Cases” by Rebecca Roiphe—Cleveland State Law Review
“Statutory Junk” by David Schoenbrod—Emory Law Journal
“Cancer’s IP” by Jacob Sherkow—North Carolina Law Review
“CRISPR, Cancer, and Collaboration in Law and STEM” by Jacob Sherkow—Northwestern University Law Review Online
“Are Anti-Bullying Laws Effective?” by Ari Ezra Waldman—Cornell Law Review Online
“Designing Without Privacy” by Ari Ezra Waldman—Houston Law Review
“Trust: A Model for Disclosure in Patent Law” by Ari Ezra Waldman—Indiana Law Journal
“A Statistical Analysis of Privacy Policy Design” by Ari Ezra Waldman—Notre Dame Law Review Online
“Privacy, Notice, and Design” by Ari Ezra Waldman—Stanford Technology Law Review
“Triggering Tinker: Student Speech in the Age of Cyberharassment” by Ari Ezra Waldman—University of Miami Law Review
“How Fake News Spreads” by Ari Ezra Waldman—University of Pennsylvania Journal of Constitutional Law |
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| FEATURED BOOKS |
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DC Confidential: Inside the Five Tricks of Washington
David Schoenbrod
(Encounter Books, 2017)
With forewords by Governor Howard Dean and Senator Mike Lee
Over the past half century, members of Congress and Presidents of both parties have instituted new ways of legislating that give them credit for popular promises and shift blame for unpopular consequences. In simple, straightforward prose, Professor Schoenbrod explains how Washington insiders get away with it and charts a legislative path forward. Together with Professor Emeritus David Johnson, he built entertaining digital games that explain the trickery and how to stop it: www.dc-confidential.org/games.
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Gendered Law in American History
Richard Chused
(Carolina Academic Press, 2016)
With Georgetown Law Professor Emerita Wendy Williams
This remarkable compendium of over 30 years of research and teaching in the field explores social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries. Topics include concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. |
NEW AND FORTHCOMING | BOOKS AND CHAPTERS
Special Education Law and Practice by Deborah N. Archer and Richard Marsico (Carolina Academic Press)
Chapter on cooperatives and social enterprise by Tamara Belinfanti in a forthcoming book on social enterprise (Cambridge University Press)
Protecting the Migrant Child: Central Issues in the Search for Best Practice by Lenni Benson (co-editor and co-author) (Elgar Press)
The Reports of Sir Peter King, Chief Justice of the Common Pleas by Lloyd Bonfield (co-edited) (Selden Society London)
Chapter: “Genius Loci: How Place Can Guide Strategic Planning That Enhances Student Engagement” by Anthony W. Crowell in Experiential Education in the Law School Curriculum, with Rachel Van Cleave, Dean of Golden Gate University School of Law, and Valerie Couch, Dean of Oklahoma City University School of Law (Carolina Academic Press)
Chapter: “Community Benefits Agreements: Flexibility and Inclusion in U.S. Zoning” by Gerald Korngold in 100 Years of Zoning and the Future of Cities (Springer US)
Chapter: "What Authorizes the Image? The Visual Economy of Post-Secular Jurisprudence” by Richard Sherwin in Law and the Visual: Transitions and Transformations (University of Toronto Press)
A Cultural History of Law in the Modern Age by Richard Sherwin (co-editor and co-contributor) (Bloomsbury Press)
HATE: Fighting it with Free Speech, Not Censorship by Nadine Strossen (Oxford University Press)
Privacy as Trust: Information Law for an Information Age by Ari Ezra Waldman (Cambridge University Press) |
NEW AND FORTHCOMING | OTHER PUBLICATIONS
“Expanded Reporting Obligations for Financial Institutions in the New World of Tax Transparency” by Alan Appel—Journal of Taxation and Regulation of Financial Institutions
“Hiding the Ball: Anonymity, Tax Law, and the U.S. as the World’s Favorite New Tax Haven” by Alan Appel (co-author)—New York University 76th Institute on Federal Taxation
“Immigration Adjudication: The Missing ‘Rule of Law’” by Lenni Benson—Journal of Migration and Human Security
“The SEC Whistleblower Program: Its Past, Present, and, Oh My, What Is Its Future?” by Ronald Filler—(co-author) The Business Lawyer
“What is the Impact of the Recent Supreme Court Case of Kokesh v. SEC Involving Disgorgement Sanctions on Future SEC Enforcement Actions?” by Ronald Filler—Futures and Derivatives Law Report
“What is the Impact of the Recent Ninth Circuit Case of Paul Somers v. Digital Realty Trust, Inc. et al. on the Dodd-Frank’s Anti-Retaliation Provision Involving Whistleblowers?” by Ronald Filler—Futures and Derivatives Law Report
“Will the Recent Supreme Court Case in Salman Result in More CFTC Enforcement Actions Charging Insider Trading?” by Ronald Filler (co-author)—Futures and Derivatives Law Report
“Social Control of Wealth in Antebellum New York” by William P. LaPiana—ACTEC Law Journal
“Fortuitously Present at the Creation” by Arthur Leonard—Journal of Legal Education
“Race, Law, and Inequality, Fifty Years After the Civil Rights Era” by Frank Munger (co-author)—Annual Review of Law and Social Science
“Rule of Law Inside Out in Myanmar” by Frank Munger—Hague Journal on the Rule of Law
“Inventive Steps: The CRISPR Patent Dispute & Scientific Progress” by Jacob Sherkow—EMBO Reports
“Patent Pools for CRISPR Technology—Response” by Jacob Sherkow (co-author)—Science
“CRISPR, Surrogate Licensing, and Scientific Discovery” by Jacob Sherkow (co-author)—Science
“The Rise of the Ethical License” by Jacob Sherkow (co-author)—Nature Biotechnology
“What Role for a Global Jurist? Ronald Dworkin and Transitional Justice in Argentina" by Ruti Teitel—London Review of International Law |
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| SPOTLIGHT: LAW AND POLICY UNDER THE TRUMP ADMINISTRATION |
Free Speech
Nadine Strossen has spoken at college campuses and other organizations around the country and has been quoted in national and international press on free speech, freedom of the press, and civil liberties under the Trump administration.
The Constitution
Doni Gewirtzman has been a frequent analyst of the constitutional issues raised by Trump administration policies and has appeared on CNN, BBC World News, and Israeli Public Radio.
Government
David Schoenbrod participated in more than 80 media interviews for his book DC Confidential and has written op-eds for The Hill, The Wall Street Journal, and other publications on restoring government accountability.
Immigration
Lenni Benson has led large-scale trainings on emerging issues in immigration law, participated in or supported critical immigration litigation, and served as a frequent commentator on the Trump administration’s actions on immigration in press outlets such as the New Yorker, The New York Times, the New York Law Journal, The Times of Israel, Vice News, WNYC, the Sacramento Bee, and Ars Technica.
Culture
Ari Ezra Waldman wrote a column in Quartz comparing aspects of the Trump administration to Gamergate culture and was quoted in Slate on the administration’s potential refusal of a court order.
Ethics
Rebecca Roiphe has been quoted in outlets such as The New York Times and Wisconsin public radio (NPR) on legal ethics issues relating to former F.B.I. Director James Comey and Attorney General Jeff Sessions.
LGBT Rights
Arthur Leonard has written prolifically about the impact of the Trump administration’s policies and positions on LGBT rights, including in his regular column for Gay City News and in the scholarly journal he leads, LGBT Law Notes, and its accompanying podcast. |
| View more faculty honors, media mentions, presentations, and publications. |
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