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Faculty Publications

Raymond Brescia

Lawyer Nation: The Past, Present and Future of the American Legal Profession (NYU Press). Forthcoming, Fall 2023.

Evelyn Tenenbaum

Restoring Congress’s Authority Under Article I to Abrogate the States’ Eleventh Amendment Immunity: A Remedy That Is Long Overdue, 84 U. Pitt. L. Rev. (forthcoming 2023) (with Howard Zwickel)

Ava Ayers

Sanctuary Without Resistance (forthcoming) (describing local and state government policies that, despite announcing noncooperation with federal immigration enforcement, avoid criticism of the federal government, and arguing that these policies implicitly.

Ava Ayers

The Impossibility of Local Police Reform, FORDHAM URBAN LAW J. 2023 (forthcoming) (explaining how the structure of local government and the distribution of knowledge and expertise at the local level makes transformational change in policing effectively impossible).

Nina Farnia

The Iranian-American Intelligentsia in U.S. Foreign Affairs: Ahistoricism, Anti-Structuralism, and the Production of Idealism, Middle East Critique (2023)
Link to Publication

Jonathan Rosenbloom

Goal 11: Sustainable Cities and Communities, Finding Commonalities Among Localized Variation in Making America a Better Place for All, The Sustainable Development Goals (John C. Dernbach and Scott E. Schang) (ELI 2023) (with Eva Rosenbloom).

Evelyn Tenenbaum

Splitting Deceased Donor Livers to Double the Transplant Benefits: Addressing the Legal, Ethical, and Practical Challenges, 33 Health Matrix 255 (2023) (with Jed Gross)

Sarah Rogerson

Locally, we have many ways to prevent school shootings, On Board (Opinion), August 29, 2022.

Michael Hutter

New York’s Excited Utterance Hearsay Exception: Ave Atque Vale?, 84 Albany Law Rev.215 (2022).

Sarah Rogerson

We Can Do More to Stop School Shootings, Education Week (Opinion), June 08, 2022.

Jonathan Rosenbloom

Saving the World Through Zoning: The Sustainable Development Code, 5 Journal of Comparative Urban Law and Policy 363 (2022) (with Chris Duerksen).

Jonathan Rosenbloom

Climate change adaptation and land use planning in Research Handbook on Climate Adaptation Law (Jonathan Verschuuren, ed.) (Edward Elgar publishers 2022) (with Keith Hirokawa, Michelle Zaludek).

Isaac Mamaysky, Esq.

Employment Law Implications of Remote Work, Bloomberg Practical Guidance Series (2022).

Isaac Mamaysky, Esq.

What to Know When Employees Split Time Between Home and Office, Bloomberg Law (2022).

Isaac Mamaysky, Esq.

Working from Home: Unraveling the Employment Law Implications of the Remote Office, ABA Journal of Labor and Employment Law (Saint Louis University School of Law) (2022).

Isaac Mamaysky, Esq.

Can Investment Advisers Ask Clients for Online Reviews? The Implications of the SEC’s New Marketing Rule, Fordham Journal of Corporate and Financial Law (2022).

Isaac Mamaysky, Esq.

Lifelong Learning and the Law: A Path to Meaning, Authenticity, and Passion, Santa Clara Law Review.

Alexandra Harrington ’05

Professor Dr. Alexandra Harrington published Implementing the Escazú Agreement: The Need for Rapid Definition of the Committee to Support Implementation and Compliance, Global Network on Human Rights and the Environmemt (2021).
Link to Publication
Utility-Expanding Fair Use, 105 Minnesota Law Review (forthcoming 2021)
A Legal History of Black Women, Sexual Violence, and Sexual Harassment in the United States, Routledge Companion To Black Women's Cultural Histories (Janell Hobson, Ed.) (Forthcoming, 2021).

Sarah Rogerson

Cruelty Was the Point: Theories of Recovery for Family Separation and Detention Abuses, 21 Nev. L. J. 583 (2021).

Jonathan Rosenbloom

Environmental Law Disrupted by COVID-19 in Environmental Law. Disrupted. (Jessica Owley, Keith H. Hirokawa, eds.) (ELI Press 2021) (with fourteen co-authors).
Link to Publication

Jonathan Rosenbloom

Local Variation to Lead the Disruption of Contemporary Environmental Law in Environmental Law. Disrupted. (Jessica Owley, Keith H. Hirokawa, eds.) (ELI Press 2021) (with Keith H. Hirokawa).
Link to Publication

Evelyn Tenenbaum

Assessing Consent to Intimate Sexual Relations Among Nursing Home Residents with Dementia in LIVING WITH DEMENTIA, NEUROETHICAL ISSUES AND INTERNATIONAL PERSPECTIVES (Springer Nature, 2021) (Veljko Dubljevic and Francis Bottenberg eds.)

Sarah Rogerson

Recurring Immigration Myths and the Facts That Disprove Them (co-authored with Camille Mackler and Matthew K. Geiling), in IMMIGRATION: KEY TO THE FUTURE, Scott Fein, ed. (New York State Bar Association 2021).

Michael Hutter

Evidence, 2019-2020 Survey of New York Law, 71 Syracuse Law Rev. 129 (2021).

Jonathan Rosenbloom

Goal 11: Sustainable Cities and Communities in Making America a Better Place for All: Sustainable Development Recommendations for the Biden Administration, ELR News & Analysis (Volume 51, Issue No. 4) (2021).
Link to Publication

Edward De Barbieri

Mitigating Housing Instability During a Pandemic, (with Michelle D. Layser, Andrew J. Greenlee, Tracy A. Kaye, Blaine G. Saito) 99 OREGON L. REV. 445 (2021)

Edward De Barbieri

Excluding Disadvantaged Businesses, 28 GEORGE MASON L. REV. 901 (2021)
Building A Solid Foundation Before Week 1, Best Practices for Legal Education Blog (Sept. 19, 2019).
Link to Publication

Raymond Brescia

The Shifting Frontiers of State Standing: How Litigation over Border Wall Funding Is Exposing Standing’s Current Doctrinal Fault Lines, 68 UCLA Law Review Discourse 80 (2020)
Link to Publication

Anthony Farley

Marxism as Race Consciousness, __ Yale Journal of Law and Feminism __ (forthcoming)

Keith Hirokawa

An Ecosystem Services Approach to Cultural Resource Protection, __ Environmental Law __ (forthcoming) (with Linnea Riegel)

James Redwood

“Back from the Brink: The Supreme Court Saves the SEC’s Rule 10b-5 from the Grim Reaper,” __ UMKC Law Review
To Promote Innovation, Congress Should Abolish the Supreme Court Created Exceptions to 35 U.S. Code §101, __ Texas Intellectual Property Law Journal __ (forthcoming)
Race and Free Speech on College Campuses, The Oxford Handbook of Race and Law in the United States (Devon Carbado, Khiara Bridges & Emily Houh, Eds.) (Forthcoming, 2020).

Robert Heverly

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