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Faculty Publications

Melissa Breger

Making the Invisible Visible: Exploring Implicit Bias, Judicial Diversity, and the Bench Trial, 53 University of Richmond Law Review 1039

Michael Hutter

The Attorney-Client Privilege and Its Application to Communications with Former Corporate Employees, 23 NY Business Law Journal 25 (NYSBA, Summer 2019)

Melissa Breger

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)

Ira Bloom

“Marital Deduction” and “Advanced Written Directives for Health Care” in DRAFTING NEW YORK WILLS AND RELATED DOCUMENTS (LexisNexis Matthew Bender 2019) (Ira Mark Bloom and William P. LaPiana)

Evelyn Tenenbaum

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

Raymond Brescia

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)
Uncovering Juror Racial Bias, 96 Denver Law Review 309 (2019)

Edward W. De Barbieri

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 (April 29, 2019)

Jaya Connors

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

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)

Melissa Breger

“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.)

Keith Hirokawa

Foundations of Insider Environmental Law, 49 Environmental Law 631 (2019) (with Jonathan Rosenbloom)

Keith Hirokawa

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

Keith Hirokawa

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

Keith Hirokawa

“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.)

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)

Patricia Reyhan

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)

Sarah Rogerson

“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.)

Edward W. De Barbieri

Connecting Community Control of Infrastructure and Economic Development with Race and Privilege, 28 Journal of Affordable Housing and Community Development Law (October 18, 2019)
The Technologies of Race: Big Data, Privacy and the New Racial Bioethics, 27 Annals of Health Law 205 (2018)

Evelyn Tenenbaum

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).

Ava Ayers

Federalism and the Right to Decide Who Decides, 63 Villanova Law Review 567 (2018)

Michael Hutter

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)

Patrick Connors

"Getting One’s Practice in 'Order,'" New York Law Journal (July 13, 2018)

Ava Ayers

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

Raymond Brescia

The Strength of Digital Ties: Virtual Networks, Norm-Generating Communities, and Collective Action Problems, 122 Dickinson Law Review 479 (2018)

Evelyn Tenenbaum

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)

Raymond Brescia

On Objects and Sovereigns: The Emerging Frontiers of State Standing, 96 Oregon Law Review 363 (2018)

Melissa Breger

Reforming by Re-Norming: How the Legal System Has the Potential to Change a Toxic Culture of Domestic Violence, 44 Notre Dame Journal of Legislation 170 (2017)

Raymond Brescia

Financial Crisis of 2008 and Communities of Color, chapter in RACIAL & ETHNIC RELATIONS IN AMERICA: VOLUME 2 (Salem Press 2nd ed. 2017) (Kibibi Mack-Shelton and Michael Shally-Jensen, eds.)

David Pratt

Marriage, Divorce, Death, and ERISA, 31 Quinnipiac Probate Law Journal 101 (2018)

Patrick Connors

"Court of Appeals Addresses Disclosure of Materials Posted on Social Media,” New York Law Journal (March 19, 2018)

Evelyn Tenenbaum

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)

Patrick Connors

2017 McKinney’s Supplementary Practice Commentaries, CPLR Article 22, Stay, Motions, Orders and Mandates; Article 23, Subpoenas, Oaths and Affirmations; Article 30, Remedies and Pleading; and Article 31, Disclosure

Stephen Clark

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

Robert Heverly

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

Sarah Rogerson

Sovereign Resistance to Federal Immigration Enforcement in State Courthouses, 32 Georgetown Immigration Law Journal 275 (2018)

Vincent Bonventre

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

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 (2018) (with Wayne Shelton, PhD; Kevin Costello, MD; and David Hoffman, DPS)

Michael Hutter

"Evidence" in PREPARING FOR AND TRYING THE CIVIL LAWSUIT, 2nd ed., revised (New York State Bar Association, 2018)

Michael Hutter

The Attorney-Client Privilege and Communications Between Company Employees and Their In-House Counsel, 22 NY Business Law Journal 37 (NYSBA, Winter 2018)

James Redwood

The SEC Goes after Cryptocurrency Issuers for Selling Unregistered Securities: Howey Doing?, 22 NY Business Law Journal 9 (NYSBA, Winter 2018)

Raymond Brescia

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

Raymond Brescia

Finding the Right “Fit”: Matching Regulations to the Shape of the Sharing Economy, chapter 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.)

Raymond Brescia

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

Christine Chung

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)

Raymond Brescia

Using Technology to Improve Rural Access to Justice, 17 Government, Law and Policy Journal 59 (2017)