Explore the Online Publications Series featuring works from the esteemed faculty members at Benjamin N. Cardozo School of Law.
Submissions from 2024
Kim Reviews Taxing The Wealthy At The State Level By Galle, Gamage & Shanske, Young Ran (Christine) Kim
Smith's New Trump Indictment Is Case Study In Superseding, Jessica A. Roth
The Illusion of Investigatory Questioning: Why New York Must Toss 'Huffman’s' Unconstitutional Interrogation Standard, Josh A. Roth, Sheri Lynn Johnson, and Emmanuel H. Arnaud
Kim Reviews Schön's International Tax Scholarship And International Tax Activism, Young Ran (Christine) Kim
Understanding “Racialized” Desire Requires Understanding “Gendered” Desire, Edward D. Stein
How Big Tech Is Killing Innovation, Mark Lemley and Matthew Wansley
Can Armed Attacks That Comply With IHL Nonetheless Constitute Genocide?, Gabor Rona and Natalie K. Orpett
Toward the Substitutionary Promise of PTAB Review, Saurabh Vishnubhakat
Kim Reviews Infrastructure Costs By Brooks & Liscow, Young Ran (Christine) Kim
How Big Tech Coopts Disruption – and What to Do About It, Mark Lemley and Matthew Wansley
How Collaboration Is Stifling Innovation in the Music Streaming Market, Rachel Landy
Kim Reviews Delmotte's Predistribution Against Rent-Seeking — The Benefit Principle’s Alternative To Redistributive Taxation, Young Ran (Christine) Kim
You’re Giving Away Your Rights in Those Online Contracts You Don’t Read, Jeff Sovern, Myriam E. Gilles, Prentiss Cox, and David Vladeck
Submissions from 2023
How the Supreme Court Could Address Racial Disparities in the Criminal Legal System, Kathryn E. Miller
Kim Reviews Cui’s The Mirage Of Mobile Capital, Young Ran (Christine) Kim
Time to Enumerate the Slave Trade as a Distinct Provision in the Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, and Alexandra Lily Kather
The Conservative Supreme Court Vision That Means Inequality for Women, Melissa Murray and Katherine A. Shaw
Common Sense Recommendations for the Application of Tax Law to Digital Assets, Luís Calderón Gómez, Young Ran (Christine) Kim, and Edward A. Zelinsky
Additional Materials for Judicial Uses of Images: Vision in Decision, Peter Goodrich
Taxing the Metaverse, Young Ran (Christine) Kim
How the Supreme Court Should Respond to Alabama’s Defiance, Katherine A. Shaw
Affirmatively Disclosing Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, and Orly Lobel
Why Are So Many of Trump’s Alleged Co-Conspirators Lawyers?, Deborah Pearlstein
Kim Reviews Yin’s The Supreme Court’s Misinterpretation Of The FBAR Statute, Young Ran (Christine) Kim
One of the Most Brazen Republican Schemes Around Abortion Is Happening in Ohio, Melissa Murray and Katherine A. Shaw
NYC Sidewalk Obligations Must Go Beyond Construction, Michael Pollack
With Its Student Loan Decision, the Court Again Limits Agency Authority, Katherine A. Shaw and Crawford Schneider
A Framework for Action for the Responsibility to Protect: A Resource for States, Jocelyn Getgen Kestenbaum
We Need a Department of Sidewalks, Michael Pollack
The Supreme Court’s Disorienting Elevation of Religion, Katherine A. Shaw
The Reactions That Reveal Everything About Trump vs. Biden, Katherine A. Shaw
Kim Reviews Crypto Losses By Nguyen & Maine, Young Ran (Christine) Kim
Memorandum on Reopening the Dodd-Frank Act Section 956 Incentive Compensation Rule, Michael E. Herz, Ronald Levin, Nina A. Mendelson, Peter M. Shane, and Peter L. Strauss
Silencing Litigation Through Bankruptcy, Pamela Foohey and Christopher K. Odinet
Disclosure of Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, and Orly Lobel
Why Trump Sexual Abuse Verdict May Be Hard To Replicate, Jessica A. Roth
Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?, Deborah Pearlstein and John Dellamore
It’s Time to Reacquaint Americans With the Possibility of Changing the Constitution. Here’s Where to Begin., Katherine A. Shaw and Julie C. Suk
How Startup Attorneys Create Value and Engineer Exits, Rachel Landy
The Abortion Pill Ruling Is Bad Law, and the Biden Administration Should Fight It, Katherine A. Shaw
Just Kidding? The Problem of Unenforceable Waivers of Liability, Anthony J. Sebok
This Is Biden’s Chance to Tell Us Exactly What the Supreme Court Has Done, Katherine A. Shaw
Submissions from 2022
Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory, Katherine A. Shaw
More on the Varying Meanings of “Congress” and “Legislature”, Michael Herz
Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum and Patricia Viseur Sellers
A New Supreme Court Case Threatens Another Body Blow to Our Democracy, Katherine A. Shaw, Leah Litman, and Carolyn Shapiro
The Link Between Voting Rights and the Abortion Ruling, Katherine A. Shaw, Leah Litman, and Melissa Murray
Sandy’s Joyfully Divided Soul and a Glimpse at a Constitutional Poethics in View of Roe’s Leaked Demise, Richard Weisberg
Bankruptcy as Social Safety Net, Pamela Foohey
The Other Cause of January 6, Katherine A. Shaw
We Clerked for Justices Scalia and Stevens. America Is Getting Heller Wrong., Katherine A. Shaw and John Bash
Quickly End NY’s Suppressive Ballot Policy, Rachel Landy and Jarrett Berg
Should We Worry that the President Called Putin a “War Criminal” Out Loud?, Deborah Pearlstein
Yom Ha’Shoah in an Even More Special Context, Richard Weisberg
Law’s Duct Tape? Using Public Nuisance to Fix the Holes in Administrative Law, Anthony J. Sebok
Submissions from 2021
Mass Comments’ Opportunity Costs, Michael Herz
State Lawmakers Must Step in to Remedy Supreme Court Voting Rights Blunder, Rachel Landy and Jarrett Berg
Chevron Flip-Flops of a Different Sort - Understanding the Shifting Politics of Deference, Michael E. Herz
Fourth Amendment Review 2021, Ekow N. Yankah
Who Defends: Judge Sutton's Vision and the Challenge of a Plural Executive, Katherine A. Shaw
The Executive-Privilege Paradox, Katherine A. Shaw
Immigration Cyber Prisons: Ending the Use of Electronic Ankle Shackles, Tosca Giustini, Sarah Greisman, Peter L. Markowitz, Ariel Rosen, Zachary Ross, Alisa Whitfield, Christina Fialho, Brittany Castle, and Leila Kang
For Facebook’s Sake: Getting Conversant with Human Rights, Deborah Pearlstein
A Way to Guarantee Voting Rights, Rachel Landy and Jarrett Berg
A Small Change to Save Thousands of Votes, Rachel Landy and Jarret Berg
Impact of New York’s “Wrong Church” Ballot Disqualification Rule in the 2020 General Election, Rachel Landy and Jarret Berg
Legally Sliding into War, Rebecca Ingber
Defending "Universal Vacatur" - Nationwide Injunctions for Administrative Law, Michael E. Herz
Beware of Strangers Bearing Gifts, Anthony J. Sebok
Submissions from 2020
The GSA’s Delay in Recognizing the Biden Transition Team and the National Security Implications, Katherine A. Shaw and Ryan Goodman
Good Governance Paper No. 17: How to Use the Bureaucracy to Govern Well, Rebecca Ingber
The Transition Is Already Happening (And It’s Going Fine So Far), Michael Herz and Katherine A. Shaw
A 6-3 Supreme Court Could Allow the Government to Openly Discriminate in Its Policies, Katherine A. Shaw and Leah Litman
The Constitution Is On Pause in America’s Courtrooms, Jessica A. Roth
Can Anything Be Done to Rein In the President’s Speech?, Katherine A. Shaw
Rebecca Ingber on Coronavirus, Congress and the “Deep State”, Rebecca Ingber
Letter from NY Law Faculty in Support of Diploma Privilege, Myriam E. Gilles, Betsy Ginsberg, Michael Herz, Rebecca Ingber, Kate Levine, Michael Pollack, Alexander A. Reinert, Katherine A. Shaw, and Ekow N. Yankah
Preparing the Public for a Contested Election, Deborah Pearlstein
We Badly Need Congress to Act. We Don’t Need Congress to Act in Person., Deborah Pearlstein
Why Trump’s Lawyers Should Talk Like Lawyers, Katherine A. Shaw
Submissions from 2019
I Pity the Fool: Ori Herstein’s Defense of the Klutz, Anthony J. Sebok
Let Locked-up People Vote: Prisoners Are Still Citizens and Should Be Able to Exert Their Civic Rights, Rachel Landy
About Those Constitutional Norms, Mr. Attorney General, Deborah Pearlstein
Gandhis of the Deep State, Michael E. Herz
Symposium: In “Gundy II,” Auer Survives by a Vote of 4.6 to 4.4, Michael Herz
Ask the Author: Interview With Justice John Paul Stevens, Katherine A. Shaw
The White House and Congress Are Heading for a Collision. Who Will Win?, Katherine A. Shaw
Asymmetric Normalcy, Deborah Pearlstein
Is Less Really More? Abraham and Kendrick on Getting Rid of Affirmative Duties, Anthony J. Sebok
Submissions from 2018
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Why Kavanaugh Should Not Attend the White House Ceremony, Michael Herz
How Strong Does the Evidence Against Kavanaugh Need to Be?, Katherine A. Shaw
Unpacking DOJ’s New Claim that DHS Can Legally Detain Migrant Children with Their Parents for Longer than Twenty Days, Deborah Pearlstein, Marty Lederman, and Ryan Goodman
Child Separation in the Courts, Deborah Pearlstein
Why Did Liberals Join the Majority in the Masterpiece Case?, Katherine A. Shaw
Once More unto the Breach, Dear Friends - Levin on the Guidance Exception, Michael E. Herz
Software Components of Digital Health Innovations Raise Unique Questions for Standard University Technology Licenses, Rachel Landy
Submissions from 2017
Doing Away With Battery Law, Anthony J. Sebok
Wearables and Warranties, Rachel Landy and Jennifer M. Halbleib
Do Not Forget to Wear a Hat, Michael Herz
