Faculty News

NYLS’s faculty members produce influential and timely scholarship that advances legal education and breaks new ground. Recent works from 2019 and 2020 are below:

Law Reviews

  • “Penalties: Punishments, Prices, or Rewards” by Robert BleckerNew York Law School Law Review
  • “Some Thoughts About Fair Use and Harm to Third Parties” by Richard ChusedUCLA Law Review Discourse
  • “Hidden Nondefense: Partisanship in State Attorneys General Amicus Briefs and the Need for Transparency” by Lisa Grumet—Fordham Law Review  
  • “Court-to-School Pipelines: Meeting Special Education Needs for Students on Juvenile Probation in New York” by Lisa Grumet—New York Law School Law Review
  • “Prejudice-Based Rights in Criminal Procedure” by Justin Murray—University of Pennsylvania Law Review  
  • “Education Delayed is Education Denied” by Samantha Pownall ’11New York Law School Law Review
  • “The Historical Significance of Judge Learned Hand: What Endures and Why?” by Edward A. Purcell Jr.—Arizona State Law Journal
  • “Punishment Without Process: ‘Victim Impact’ Proceedings For Dead Defendants” by Rebecca Roiphe (co-author)—Fordham Law Review
  • “A Typology of Department of Justice Lawyers” by Rebecca Roiphe—North Carolina Law Review
  • “The Pick-and-Shovel Play: Bioethics for Gene-Editing Vector Patents” by Jacob Sherkow (co-author)—North Carolina Law Review
  • “Justice Anthony Kennedy’s Free Speech Legacy” by Nadine Strossen—Hasting Law Journal  
  • “Interpreting Article 25 of the GDPR” by Ari Ezra Waldman—Cornell International Law Journal
  • “Privacy Law’s False Promise” by Ari Ezra Waldman—Washington University Law Review
  • “Privacy’s Law of Design” by Ari Ezra Waldman—U.C. Irvine Law Review
  • “Power, Process, and Automated Decision-Making” by Ari Ezra Waldman—Fordham Law Review

Books and Chapters

  • Citizen Capitalism: How a Universal Fund Can Provide Influence and Income to All by Tamara Belinfanti (co-author) (Berrett-Koehler Publishers, 2019)
  • Immigration and Nationality Law: Strategies and Problems, Second Edition by Lenni Benson (Carolina Academic Press, 2019) 
  • Protecting Migrant Children: In Search of Best Practice by Lenni Benson (Edward Elgar Publishing, 2019)
  • Wills, Trusts, and Estates: A Contemporary Approach by Lloyd Bonfield and William P. LaPiana (West Academic, 2019)
  • Legal Reasoning Case Files by Kris Franklin (Carolina Academic Press, 2019)
  • Sexuality Law, Third Edition by Arthur Leonard (co-author) (Carolina Academic Press, 2019)
  • Cases and Text on Property, Seventh Edition by Gerald Korngold (co-author) (Aspen Press, 2019)
  • Antonin Scalia and American Constitutionalism by Edward A. Purcell Jr. (Oxford University Press, forthcoming 2020)
  • Residential Landlord-Tenant Law in New York, 2019–20 Edition by Andrew Scherer (Thomson Reuters, 2020)
  • A Cultural History of Law in the Modern Age by Richard Sherwin (co-editor) (Bloomsbury, 2019)
  • Chapter: “Political Change, Activism, and the Evolution of Judicial Culture in the Scholarship of Daniel Lev” by Frank Munger in The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia (Cambridge University Press, 2019)
  • Chapter: “Sovereign Imaginaries: Visualizing the Sacred Foundation of Law’s Authority” by Richard Sherwin in Law as Religion, Religion as Law (Cambridge University Press, 2019)

Other Works by Area of Focus

Arts and Culture

  • Multiple pieces analyzing developments in cases affecting the LGBTQ community by Arthur LeonardGay City News and LGBT Law Notes
  • “Character is a sacred bond: Reflections on sovereignty, grace, and resistance” by Richard SherwinAngelaki: Journal of Theoretical Humanities
  • “Visual Literacy for the Legal Profession” by Richard SherwinJournal of Legal Education
  • “Who Am I Now? Identity in the Age of the Digital Baroque” by Richard SherwinMaTerre

Business and Tax

  • “Has the United States Really Moved to a Territorial System, Or Is It False Advertising?” by Alan Appel ’76 (co-author)—Tax Notes International
  • “Farewell Downton Abbey, Adieu Primogeniture and Entail: Britain’s Brief Encounter with Forced Heirship” by Lloyd BonfieldAmerican Journal of Legal History 
  • “What is the Implication of the Recent Prime International Case on Global Trading?” by Ronald FillerFutures & Derivatives Law Report
  • “Board Governance for the Twenty-First Century” by Faith Stevelman (co-author)—The Business Lawyer

Constitutional Law

  • “Let Us Now Praise Corporate Persons” by Doni GewirtzmanPublic Books
  • “What the Constitution Means to Us” by Doni GewirtzmanPublic Books
  • “The Senate itself is on trial” by Edward A. Purcell Jr.The Hill
  • “Why law of evidence supports the verdict that the president is guilty” by Edward A. Purcell Jr.The Hill
  • “Republications must not abandon originalism of the Constitution” by Edward A. Purcell Jr.The Hill
  • “Trump and the Coming Moment of Truth for the Federal Judiciary” by Edward A. Purcell Jr.The Hill
  • “Resisting Hate with Free Speech: Why the ACLU supports free speech, even when that speech is repugnant” by Nadine StrossenDelaware Lawyer

Criminal Law and Public Policy

  • “ICE Raids Bear a Disturbing Resemblance to the ‘Pass Raids’ of Apartheid” by Penelope AndrewsSlate
  • “Pittsburgh synagogue massacre is a crime that deserves death penalty” by Robert Blecker— FoxNews
  • “AG Barr is right to resume death penalty for vicious killers” by Robert Blecker— Fox News
  • “Police discipline: Turn on the lights. New York State law’s ban on releasing basic information about cops’ records hurts law enforcement and civilians alike” by Alvin BraggNew York Daily News
  • “We must reopen Central Park 5 prosecutor Linda Fairstein’s cases” by Alvin BraggAmsterdam News
  • “Eric Garner is proof that we need to reform laws on excessive force” by Alvin BraggThe Washington Post
  • “Trouble Counting to Three: Circuit Splits and Confusion in Interpreting the Prison Litigation Reform Act’s ‘Three Strikes Rule,’ 28 U.S.C. § 1915(g)” by Molly ManningCornell Journal of Law and Public Policy
  • “Barr Is Wrong: Mueller Was Dead Right on Trump and Obstruction” by Rebecca RoipheDaily Beast
  • “When Your Boss Trump Punches, Hit Back” by Rebecca RoipheDaily Beast
  • “The Judge in Epstein’s Case Should Not Turn the Dismissal Into a Drama for the Victims” by Rebecca Roiphe (co-author)—National Law Journal
  • “Americans Should Be Grateful to Mueller for His Decision Not to Accuse Trump of a Crime” by Rebecca RoipheSlate
  • “U.S.A. v. NYCHA: Judge Pauley Rejects the Proposed Consent Decree” by Ross SandlerCityLand

Intellectual Property and Privacy

  • “Sculpture, Industrial Design, Architecture, and the Right to Control Use of Publicly Displayed Works” by Richard ChusedNorthwestern Journal of Technology and Intellectual Property
  • “‘Temporary’ Conceptual Art: Property and Copyright, Hopes and Prayers” by Richard ChusedRutgers Computer and Technology Law Journal
  • “Controlling CRISPR Through Law: Legal Regimes as Precautionary Principles” by Jacob SherkowCRISPR Journal
  • “Regulating Genetic Self-Experimentation as Biomedical Research” by Jacob Sherkow (co-author)—The Regulatory Review
  • “Regulating genetic biohacking” by Jacob Sherkow (co-author)—Science Magazine
  • “Patent Eligibility Reform and the Public Health” by Jacob SherkowMilbank Quarterly
  •  “Controlling CRISPR Through Law: Legal Regimes as Precautionary Principles” by Jacob SherkowThe CRISPR Journal
  •  “Queer Dating Apps Are Unsafe by Design” by Ari Ezra WaldmanThe New York Times
  •  “Rationality, Disclosure, and the Privacy Paradox” by Ari Ezra WaldmanBehavioral Economics
  • Cognitive Biases, Dark Patterns, and the Privacy Paradox” by Ari Ezra WaldmanCurrent Opinions in Psychology

International Law

  • Book review on From Prohibited Immigrants to Citizens: The Origins of Citizenship and Nationality in South Africa by Penelope AndrewsLaw & Society Review
  • “An Alternative Path to Rule of Law? Thailand’s 21st-Century Administrative Courts” by Frank Munger (co-author)—Indiana Journal of Global Legal Studies
  • “Criminal Justice and Human Rights: When Justice Is for the Peace” by Ruti TeitelInternational and Transitional Criminal Justice & Human Rights
  • “Should America Ever Apologize?” by Ruti TeitelProject Syndicate

Professionalism and Ethics

  • “Academic highlight: The need for transparency in state attorneys general amicus briefs” by Lisa GrumetSCOTUSBlog
  • “Criticize Rudy Giuliani All You Want But Don’t Take Away His Law License” by Rebecca RoipheNew York Law Journal

Public Interest

  • “Social Justice in Legal Clinics: The Nonprofit and Small Business Clinic at New York Law School” by Anna Cominsky ’05Clinical Legal Education Association blog
  • “Growing the Resistance: A Call to Action for Transactional Lawyers in the Era of Trump” by Gowri KrishnaTennessee Journal of Race, Gender, & Social Justice

Wills, Trusts, and Estates