Selected Faculty Scholarship - 2019 Magazine

Academic Articles, Books, and Book Chapters

Prof. Ava Ayers
“Federalism and the Right to Decide Who Decides,” 63 Villanova Law Review 567 (2018).

“Justice Sotomayor and the Sense of Respect,” 81 Albany Law Review 721 (2018).

[In February 2020, Professor Ava Ayers announced that she is transgender. This article has been edited to reflect her gender identity. Read more here.]

Prof. Ira Mark Bloom
“Marital Deduction” and “Advanced Written Directives for Health Care” in DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS (LexisNexis Matthew Bender 2018) (Ira Mark Bloom and William P. LaPiana).

Prof. Vincent Bonventre
“Religious Liberty: Fundamental Right or Nuisance,” 14 University of St. Thomas Law Journal 650 (2018).

Prof. Melissa Breger
“Corporal Punishment, Social Norms and Norm Cascades: Examining Cross-National Laws and Trends in Homes Across the Globe,” 26 William & Mary Journal of Race, Gender, and Social Justice __ (forthcoming 2020) (with Victor Asal, Lucy Sorensen, and Charmaine Willis).

“Making the Invisible Visible: Exploring Implicit Bias, Judicial Diversity, and the Bench Trial,” 53 University of Richmond Law Review 1039 (2019).

“Re-Norming Sport for Inclusivity: How the Sport Community Has the Potential to Change a Toxic Culture of Harassment and Abuse,” 13 Journal of Clinical Sport Psychology 274 (2019) (with Margery Holman and Michelle Guerrero).

“Reforming by Re-Norming: How the Legal System Has the Potential to Change a Toxic Culture of Domestic Violence” in WOMEN AND THE LAW (Thomson Reuters 2019) (Tracy A. Thomas, ed.).

Prof. Raymond Brescia
THE FUTURE OF CHANGE: TECHNOLOGY, SOCIAL MOVEMENTS, AND SOCIAL CHANGE (Cornell University Press forthcoming 2020).

CRISIS LAWYERING: EFFECTIVE LEGAL ADVOCACY IN EMERGENCY SITUATIONS (NYU Press forthcoming 2020) (co-editor with Eric K. Stern).

“On Tipping Points and Nudges: Review of Cass Sunstein’s How Change Happens,” 34 Notre Dame Journal of Law, Ethics and Public Policy (forthcoming).

“Creative Lawyering for Social Change,” 35 Georgia State Law Review 529 (2019).

“Civil Society and Civil Justice: Teaching with Technology to Help Close the Justice Gap for Non-Profit Organizations,” 29 Albany Law Journal of Science and Technology 16 (2019) (with Alexandria Decatur ’19 and Julia Kosineski ’19).

“Dominance and Disintermediation: Subversive Stories and Counter-Narratives of Cooperation,” 27 Southern California Interdisciplinary Law Journal 429 (2018).

“Understanding Institutions: A Multi-Dimensional Approach,” 17 University of New Hampshire Law Review 1 (2018).

“Finding the Right ‘Fit’: Matching Regulations to the Shape of the Sharing Economy” in THE CAMBRIDGE HANDBOOK OF THE LAW OF THE SHARING ECONOMY (Cambridge University Press 2018) (Nestor M. Davidson, Michèle Finck, and John J. Infranca, eds.).

Prof. Joe Buffington
“Conditional Answers to Multiple Choice Questions: Three Linguistic Problems (and Solutions) for ‘if,’” __ Journal of Legal Education __ (forthcoming).

Prof. Christine Sgarlata Chung
“Rising Tides and Rearranging Deckchairs: How Climate Change is Reshaping Infrastructure Finance and Threatening to Sink Municipal Budgets,” __ Georgetown Environmental Law Review __ (forthcoming 2019).

“The Devil You Know: A Survey Examining How Retail Investors Seek Out and Use Financial Information and Investment Advice,” 37 Review Of Banking and Financial Law 653 (2018).

Prof. J. Stephen Clark
“Senators Can’t Be Choosers: Moratoriums on Supreme Court Nominations and the Separation of Powers,” 106 Kentucky Law Journal 337 (2017-2018).

Prof. Jaya Connors
“Advocating for Child Clients in Custody Cases Involving Parental Alienation Issues,” 28 Widener Commonwealth Law Review 5 (2019).

Prof. Patrick Connors
Practice Commentary to “CPLR Article 31: Disclosure” in MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK (Thomson West).

Supplementary Practice Commentaries to “CPLR Article 22, Stay, Motions, Orders and Mandates”; “CPLR Article 23, Subpoenas, CPLR Oaths and Affirmations”; and “CPLR Article 30, Remedies and Pleadings” in MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK (Thomson West).

Prof. Danshera Cords
“How Can Green Tax Laws Spur Green Behavior? An Analysis of Chinese Tax Policy on Green Consumption,” 17 Pittsburgh Tax Review__ (forthcoming 2019).

Prof. Edward De Barbieri
“Lawmakers as Job Buyers,” 88 Fordham Law Review 15 (2019).

“Connecting Community Control of Infrastructure and Economic Development with Race and Privilege,” 28 Journal of Affordable Housing and Community Development Law __ (forthcoming 2019).

“Urban Anticipatory Governance,” 46 Florida State University Law Review 75 (2019).

“Thematic Overview: Race, Place, and Pedagogy in Achieving Access to Justice Through Community Economic Development,” 27 Journal of Affordable Housing and Community Development Law 467 (2019).

Prof. Shahrokh Falati
“To Promote Innovation, Congress Should Abolish the Supreme Court Created Exceptions to 35 U.S. Code §101,” __ Texas Intellectual Property Law Journal __ (forthcoming).

Prof. Anthony Paul Farley
“Marxisim as Race Consciousness,” __ Yale Journal of Law and Feminism __ (forthcoming).

Prof. Peter Halewood
“Debating Equality: Neoliberalism, Normativity, and Campus Rhetoric” in STUDENT ACTIVISM IN THE ACADEMY: ITS STRUGGLES AND PROMISE (Myers Education Press 2019) (Joseph L. DeVitis and Pietro A. Sasso, eds.).

Prof. Robert Heverly ’92
“More is Different: Tort Liability of Compromised Systems in Internet Denial of Service Attacks,” 47 Florida State University Law Review __ (forthcoming 2020).

“Revisiting ‘The Information Semicommons,’” 59 IDEA: The Law Review of the Franklin Pierce Center for Intellectual Property 137 (2018).

“The Coming Cyborg Challenge: Human Augmentation and Intellectual Property” in THE WORLD OF IP: CAUGHT BETWEEN GLOBALISM AND NATIONALISM (forthcoming) (Josef Drexl, ed.).

Prof. Keith Hirokawa
“An Ecosystem Services Approach to Cultural Resource Protection,” __ Environmental Law __ (forthcoming) (with Linnea Riegel).

“Foundations of Insider Environmental Law,” 49 Environmental Law 631 (2019) (with Jona-than Rosenbloom).

“Environmental Law. Disrupted.,” 49 Environmental Law Reporter 10038 (2019) (with Inara Scott, et al.).

“The Costs of Climate Disruption in the Tradeoffs of Community Resilience,” 41 Western New England Law Review 455 (2019) (with David Dickinson).

“Gaming Rhetoric and the Complicated Story of Local Identity” in BEYOND ZERO-SUM ENVIRONMENTALISM (Environmental Law Institute 2019) (with Jonathan Rosenbloom) (Sarah Krakoff, Melissa Powers, and Jonathan Rosenbloom, eds.).

Prof. Michael Hutter
“What Happens in Vegas, Stays in Vegas? Asserting a Tort Claim in New York Courts Against a Foreign Corporation Arising from a New Yorker’s Out-of-State Accident Post-Daimler,” 82 Albany Law Review 1139 (2019) (with Judge Mark Powers).

“Review of Privileged Materials in Trial and Deposition Preparation of Witnesses in New York: When, if Ever, Will the Privilege Be Lost?,” 38 Pace Law Review 437 (2018).

“The Attorney-Client Privilege and Communications Between Company Employees and Their In-House Counsel,” 22 New York Business Law Journal 37 (2018).

“Evidence” in PREPARING FOR AND TRYING THE CIVIL LAWSUIT (New York State Bar Association 2nd ed. 2018 rev.).

Prof. James Redwood
“Back from the Brink: The Supreme Court Saves the SEC’s Rule 10b-5 from the Grim Reaper,” __ UMKC Law Review __ (forthcoming 2019).

“SEC Goes After Cryptocurrency Issuers for Selling Unregistered Securities: Howey Doing?,” 22 New York Business Law Journal 9 (2018).

Prof. Patricia Reyhan
“Unlimited Vindication: Choosing Statutes of Limitations in the Era of Constrained Personal Jurisdiction,” 50 New Mexico Law Review __ (forthcoming 2020).

“Choice of What? The New York Court of Appeals Defines the Parameters of Choice-of-Law Clauses in Multijurisdictional Cases,” 82 Albany Law Review 1241 (2019).

Prof. Sarah Rogerson
“Sovereign Resistance to Federal Immigration Enforcement in State Courthouses,” 32 Georgetown Immigration Law Journal 275 (2018).

Prof. Christian Sundquist
“Uncovering Juror Racial Bias,” 96 Denver Law Review 309 (2019).

“The Technologies of Race: Big Data, Privacy and the New Racial Bioethics,” 27 Annals of Health Law 205 (2018).

Prof. Evelyn Tenenbaum
“Empowering Patients with Alzheimer’s Disease to Avoid Unwanted Medical Care: A Look at the Dementia Care Triad,” 34(2) American Journal of Alzheimer’s Disease and Other Dementias 131 (2019) (with Wayne Shelton, Kevin Costello, and David Hoffman).

“The Advantages of Peer Review over Arbitration for Resolving Authorship Disputes,” 4(10) Research Integrity and Peer Review (2019) (with Zubin Master).

“Swaps and Chains and Vouchers, Oh My!: Evaluating How Saving More Lives Impacts the Equitable Allocation of Live Donor Kidneys,” 44 American Journal of Law and Medicine 67 (2018).

“Donate Today So Your Loved One Can Receive a Future Live Donor Kidney: Are Kidney Vouchers Enforceable Contracts?,” 14 Journal of Health and Biomedical Law 101 (2018).

“Can Civil Lawsuits Stem the Tide of Direct-to-Consumer Marketing of Unproven Stem Cell Interventions,” 3(1) npj Regenerative Medicine 5 (2018) (with Claire Horner, Zubin Master, and Douglas Sipp).

Prof. Donna Young
“Race and Free Speech on College Campuses” in THE OXFORD HANDBOOK OF RACE AND LAW IN THE UNITED STATES (forthcoming 2020) (Khiara Bridges, Devon Carbado, and Emily Houh, eds.).

“A Legal History of Black Women, Sexual Violence, and Sexual Harassment in the United States” in THE ROUTLEDGE COMPANION TO BLACK WOMEN’S CULTURAL HISTORIES (Routledge forthcoming) (Janell Hobson, ed.).