Selected Faculty Scholarship - 2020 Magazine

Academic Articles, Books, and Book Chapters

Prof. Ava Ayers

“Discriminatory Cooperative Federalism,” 65 Villanova Law Review 1 (2020).

“Missing Immigrants in the Rhetoric of Sanctuary,” Wisconsin Law Review (forthcoming).

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 483 (2020) (with Lucy Sorensen, Victor Asal, and Charmaine N. Willis).


Prof. Raymond Brescia



“The Shifting Frontiers of Standing: How Ongoing Litigation over Border Wall Funding Is Exposing Standing’s Current Doctrinal Fault Lines,” 68 UCLA Law Review Discourse 80 (2020).

“On Tipping Points and Nudges: Review of Cass Sunstein’s How Change Happens,” 34 Notre Dame Journal of Law, Ethics and Public Policy 55 (2020).

“The Legal Needs of Nonprofits: An Empirical Study of Tax-Exempt Organizations and Their Access to Legal Services,” 17 Hastings Race and Poverty Law Journal 451 (2020) (with Bahareh Ansari and Hannah Hage).

“Zoning Cyberspace: Protecting Privacy in the Digital Upside Down,” 2020 Utah Law Review (forthcoming 2020).

“Private Largesse in the Digital Age: Privacy in Reich’s The New Property,” 36 Touro Law Review (forthcoming 2020).

“Privacy’s ‘Three Mile Island’ and the Need to Protect Political Privacy in Private-Law Contexts,” 48 Florida State University Law Review (forthcoming 2021).

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

BUSINESS ORGANIZATIONS LAW IN FOCUS (Wolters Kluwer 2nd ed. 2020) (with Deborah Bouchoux).

“Rising Tides and Rearranging Deckchairs: How Climate Change is Reshaping Infrastructure Finance and Threatening to Sink Municipal Budgets,” 32 Georgetown Environmental Law Review 165 (2020).

Prof. Patrick Connors

Practice Commentary to “CPLR Article 22: Stay, Motions, Orders and Mandates” in MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK (Thomson West 2020).

Prof. Danshera Cords

“How Can Green Tax Laws Spur Green Behavior? An Analysis of Chinese Tax Policy on Green Consumption,” 17 Pittsburgh Tax Review 165 (2019) (with Zhigang Hong).

“An Inflection Point for Disaster Relief: Superstorm Sandy,” 35 Touro Law Review 925 (2019).

Prof. Edward De Barbieri

“Opportunism Zones,” 39 Yale Law and Policy Review (forthcoming 2020).

“State and Local Economic Development and Urban Anticipatory Governance,” 43 Planning and Zoning Law Report 1 (2020).

“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 213 (2019).

Prof. Anthony Paul Farley

“Race, Nation, and Patrimony, or, the Stakes of Diversity in Hamilton,” in HAMILTON AND THE LAW: READING TODAY'S MOST CONTENTIOUS LEGAL ISSUES THROUGH THE HIT MUSICAL (Cornell University Press 2020) (Lisa Tucker, ed.).

Dean Mary Walsh Fitzpatrick

“Professional Identity Formation, Leadership and Exploration of Self,”     UMKC Law Review (forthcoming 2020) (with Rosemary Queenan).

Prof. Keith Hirokawa

“An Ecosystem Services Approach to Cultural Resource Protection,” Environmental Law (forthcoming 2020) (with Linnea Riegel).

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

Prof. Robert Heverly ’92

“More is Different: Liability of Compromised Systems in Denial of Service Attacks,” 47 Florida State University Law Review 531 (2020).

Prof. Michael Hutter

“Evidence,” 70 Syracuse Law Review 1000 (2020).

Prof. Mary Lynch

“Institutional Service, Student Care-work and Misogyny: Naming the Problem and Mitigating the Harm,” 65 Villanova Law Review (forthcoming 2020) (with Andrea Curcio).

Prof. David Pratt

“Too Big to Fail? The U.S. Retirement System in 2019,” 27 Elder Law Journal 327 (2019).

“A Comparative Analysis of the Information Duties in Belgian and American Occupational Pensions,” 22 European Journal of Social Security 39 (2020) (with Marjolein Denys and Yves Stevens).

Dean Rosemary Queenan

“Professional Identity Formation, Leadership and Exploration of Self,” UMKC Law Review (forthcoming 2020) (with Mary Walsh Fitzpatrick).

“Delay and Irreparable Harm: A Study of Exhaustion Through the Lens of the IDEA,” North Carolina Law Review (forthcoming).

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 2020).

Prof. Patricia Reyhan

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

Prof. Sarah Rogerson

“Cruelty is the Point: Theories of Recovery for Family Separation and Detention Abuses,” 21 Nevada Law Journal (forthcoming 2021).

“Preparation, Crisis, Struggle, Ideas: The Birth of the Detention Outreach Project” in CRISIS LAWYERING: EFFECTIVE LEGAL ADVOCACY IN EMERGENCY SITUATIONS (NYU Press forthcoming 2020) (Raymond Brescia and Eric K. Stern, eds.).

“Innovations in Access to Counsel for Immi- grants: Lessons from New York and Canada” in IS AMERICA FULFILLING ITS PROMISE? SAFEGUARDING LEGAL PROTECTIONS FOR IMMIGRANTS (New York State Bar Association 2019) (with Camille Mackler) (Scott Fein and Rose Mary Bailley, eds.).

Prof. Christian Sundquist

“Perfecting Bias: Artificial Intelligence, Healthcare and Race,” Seton Hall Law Review (forthcoming 2021).

“Artificial Intelligence, Algorithmic Knowledge and the Reconstruction of Law,” Journal of Legal Education (forthcoming 2021).

“The Future of Law Schools: COVID-19, Technology and Social Justice,” Connecticut Law Review (Online) (forthcoming 2020).

Prof. Evelyn Tenenbaum

CURRENT ISSUES IN CONSTITUTION-AL LITIGATION (Carolina Academic Press 3rd ed. 2020) (with Sarah E. Ricks).

“Assessing Consent to Intimate Sexual Relations Among Nursing Home Residents with Dementia” in LIVING WITH DEMENTIA IN INTERNATIONAL PERSPECTIVES (Springer Publishing forthcoming 2020).

Prof. Jacob Victor

“Reconceptualizing Compulsory Copyright Licenses,” 72 Stanford Law Review 915 (2020).

“Utility-Expanding Fair Use,” 105 Minnesota Law Review (forthcoming).

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