Faculty Achievements: Fall 2021

Publications

Paul Belonick, Constitutional Law: Blockchain’s Challenge for the Fourth Amendment,” The Judges’ Book (2021).

Abe Cable, Corporate Law: Does Trados Matter?,” The Judges’ Book (2021).

Ming Hsu Chen, “The Political (Mis)Representation of Immigrants in the Census,” 96 New York University Law Review 4 (October 2021).

Scott Dodson, editor, The Judges’ Book (2021).

Scott Dodson, “Cooperativism in the American Adversarial Tradition” 40 Civil Justice Quarterly 283 (refereed) (2021).

Scott Dodson, “A Critique of Jurisdictionality,” The Judges’ Book (2021).

Scott Dodson, “Leading Cases,” 11 International Journal of Procedural Law 184 (2021).

Scott Dodson, “The Zooming of Federal Civil Litigation,” The Judges’ Book (2021).

Jared Ellias, “Bankruptcy: Bankruptcy Hardball,” The Judges’ Book (2021).

Robin Feldman, “Antitrust Law: Pharmaceutical “Pay for Delay” Reexamined,” The Judges’ Book (2021).

Robin Feldman, “Intellectual Property: Naked Price & Pharmaceutical Trade Secret Overreach,” The Judges’ Book (2021).

Heather Field, “Tax: Exit Rights Triggered by Tax Law Changes,” The Judges’ Book (2021).

Chimène Keitner, “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part III: Questions for the Record – Private Litigation Will Likely Fail to Secure Relief for U.S. Victims,” Harvard Law School National Security Journal (October 20, 2021).

Chimène Keitner, Keitner’s International Law Frameworks (5th ed.) (2021).

John Leshy, “Building Better Conservation Easements for America the Beautiful,” Harvard Environmental Law Review (September 15, 2021).

Emily Murphy, “Evidence: Evidence of Memory from Brain Data,” The Judges’ Book (2021).

Dorit Reiss, “COVID-19 Vaccine Uptake Through Lived Experiences of Health Care Personnel: Policy and Legal Considerations,” Health Equity (September 27, 2021) (with Rachel Gur-Arie and Zackary Berger).

Dorit Reiss, “Experimental? It Doesn’t Mean What You Think It Means,” Denver Law Review Online (October 7, 2021).

Dorit Reiss, “Health Law: Vaccine Mandates: A Primer,” The Judges’ Book (2021).

Reuel Schiller, Biography of Judge David Bazelon, American National Biography (2021).

Jessica Vapnek, “Legal and regulatory frameworks for family farming,” FAO Legal Papers No. 108 (2021) (with Peter Boaz ‘15).

Lois Weithorn, “Health Law: Physician Aid in Dying and Assessment of Patient Capacity,” The Judges’ Book (2021).

Joan Williams, “Employment Law: Proving Racial and Gender Bias Under Title VII,” The Judges’ Book (2021).

 

Works Accepted

Jared Ellias, “The Rise of Bankruptcy Directors,” Southern California Law Review (forthcoming).

John Leshy, 8 Federal Public Land and Resources Law (forthcoming).

Naomi Roht-Arriaza, “Empowering Victims of Grand Corruption: An Emerging Trend,” Connecticut Journal of International Law (forthcoming December 2021).

Jodi Short, “Has Regulation & Governance Made a Difference? Introduction to the 15th Anniversary Issue of Regulation & Governance” (forthcoming 2022) (with David Levi-Faur, Sally Simpson, Eva Thomann, and Benjamin Van Rooij).

David Takacs, “In a 4°C World, the Inexorable Climate Change-Biodiversity Nexus,” in Facing The Worst Climate Case: The Role of Law (Environmental Law Institute, forthcoming 2022).

 

Blog Posts, Op-Eds, Magazine Columns, and Amicus Briefs

Scott Dodson drafted an amicus brief in support of petitioner, Canaday v. Anthem Cos., No. 20-5947 (6th Cir. October 7, 2021).

Karen Musalo, “Haitian Migrants at the Border: An Asylum Law Scholar Explains How US Skirts its Legal and Moral Duties,” The Conversation (September 24, 2021).

Dorit Reiss, “Bay Area Schools Weighing Vax Mandates,” full length podcast for San Francisco Chronicle (September 17, 2021).

Dorit Reiss, “Kid Vaccines are Coming Soon. Why a Mandate Wouldn’t be Wise,” Barron’s (October 30, 2021) (with Arthur Caplan).

Dorit Reiss, “People Lie About their ‘Religious’ Objections to Vaccines. Proving it is Hard,” The Washington Post (October 15, 2021).

Dorit Reiss, “Serious Vaccine Side Effects are Rare. Compensation for those Injuries Shouldn’t Be,” Barron’s (September 17, 2021).

Dorit Reiss, et al., “Uncoupling Vaccination from Politics: A Call to Action,” The Lancet (September 16, 2021).

Dorit Reiss, “Vaccine Mandates for those with Previous COVID Infection – Policy Debate,” Skeptical Raptor (September 14, 2021).

Dorit Reiss assisted in the drafting of an amicus brief submitted to the U.S. Supreme Court in Doe v. Mills, addressing the application of religious exemptions to vaccine mandates for healthcare workers.

Naomi Roht-Arriaza, “Islands of Advances in a Sea of Setbacks: Central American Rule of Law,” Just Security (September 8, 2021).

Naomi Roht-Arriaza, “Should Argentina Exercise Universal Jurisdiction Over the Rohingya Case?” Justicia en las Américas (October 19, 2021).

David Takacs, “In a 4°C World, the Inexorable Climate Change-Biodiversity Nexus,” GreenLaw (October 8, 2021).

 

Speaking

Richard Boswell presented on a panel on “The US Immigration Debate: the Biden Administration’s Agenda, Pending Bills, and Important Issues Receiving Insufficient Attention,” at the Center for Migration Studies, Academic & Policy Symposium in New York.

Richard Boswell led a workshop of immigration law scholars at NYU’s Clinical Law Review Writers’ Workshop (October 27, 2021).

Jared Ellias presented his paper, “Rise of Bankruptcy Directors,” at the Berkeley Law and Economic Workshop (September 2021).

Jared Ellias presented his paper, “Rise of Bankruptcy Directors,” to a bankruptcy practice group meeting at Morgan Lewis (September 2021).

Jared Ellias presented his paper, “Rise of Bankruptcy Directors,” at the Harvard Law School Law & Economics Workshop (October 12, 2021).

Jared Ellias presented “The Rise of Bankruptcy Directors” at the Annual Meeting of the American Law & Economics Association (October 2021).

Robin Feldman gave in-person testimony to the Senate Judiciary Subcommittee on Intellectual Property about the “Pride in Patent Ownership: The Value of Knowing Who Owns a Patent” legislation

Nira Geevargis spoke to the AALS Clinical Section’s Teaching Methodologies Committee on Anti-Racism Teaching in Clinic and Field Placements.

Chimène Keitner was the featured guest on the John Hopkins Podcast on Foreign Affairs episode on Hostage Diplomacy.

Chimène Keitner was a panelist at Outsourcing International Responsibility, ABILA International Law Weekend (October 29, 2021).

Chimène Keitner was a panelist at Getting Accountability Back on Track in International and Domestic Courts, Canadian Council on International Law Annual Conference (October 21, 2021).

Chimène Keitner delivered a talk at The Extraterritorial Rights of Refugees, Extraterritoriality and International Law Conference and Webinar (September 17, 2021).

Leo Martinez spoke (virtually) on Accreditation and the Intractable Problem of the Cost of Higher Education, an Open University Talk at the University of Turin (September 2021).

Leo Martinez spoke on a panel on Reinfection: Examining Judicial Traits and Estimating Outcomes as Covid-19 Cases Gain Appellate Review, American College of Coverage Counsel Annual Meeting (September 2021).

Leo Martinez spoke on a virtual panel, Where We Are, on Next Steps, 2021 Black Lawyers Matter Conference presented by the Law School Admission Council, University of Houston Law Center, and SMU Dedman School of Law (October 2021).

Emily Murphy presented her forthcoming article, “Brains Without Money,” at the 4th annual Junior Faculty for Law & STEM (October 15 & 16).

Emily Murphy presented her forthcoming article, “Brains Without Money,” at the University of Arizona Faculty Workshop (September).

Karen Musalo participated in a radio interview hosted by Alexis Madrigal titled, “The History and Evolution of U.S. Asylum Decisions,” KQED Forum (September 27, 2021).

Dave Owen presented his forthcoming article, “The Realities of Takings Litigation,” to the United States Department of Justice as a lunchtime brown bag.

Sheila Purcell presented “Successful Negotiation Tactics for Junior Attorneys” to the SF Barristers (October 7, 2021).

Radhika Rao presented the paper, “Disruptive or Normalizing Reproductive Technologies,” at the virtual symposium Norms Reborn: Controversies and Challenges for the Future of Reproductive Technologies sponsored by University of Houston Health Law and Policy Institute (October 22, 2021).

Radhika Rao spoke at the UC Hastings panel “Is it the End for a Right to Abortion?” about the upcoming abortion decision in Dobbs v. Jackson (September 30, 2021).

Dorit Reiss gave a presentation to the National Governors Association about the landscape of vaccine mandates and the legal issues around them.

Naomi Roht-Arriaza delivered the feature presentation on empowering victims of grand corruption at the UN Convention Against Corruption Coalition (October 28, 2021).

Naomi Roht-Arriaza presented on empowering victims of grand corruption at a Due Process Law Webinar.

Naomi Roht-Arriaza presented on empowering victims of grand corruption at the Central American Donors Fund Conference and Webinar.

Manoj Viswanathan presented at the American Bar Association Virtual 2021 Fall Tax Meeting, “Additional Policy Considerations of Section 1202” (September 22, 2021).

Manoj Viswanathan presented at NYU’s Clinical Law Review Workshop, “Practical Considerations in Starting and Operating an Academic Low-Income Taxpayer Clinic” (October 2, 2021).

Manoj Viswanathan presented at NYU’s Tax Policy Colloquium, “Retheorizing Progressive Taxation” (October 26, 2021).

 

Grants and Awards

Rick Marcus and Scott Dodson were recognized as being among the top 10 most cited civil procedure faculty in the U.S. in the last five years.

Joan Williams was recognized as being among the #11 most cited scholar in critical theories of law, which includes feminist and critical race theory, and also was included on the list of most highly cited  scholars in labor and employment law.

David Takacs was named the Legal Expert for the working group Rewilding by the International Union for the Conservation of Nature.

 

Prominent Citations

Jared Ellias’ paper “Regulating Bankruptcy Bonuses” inspired the House Judiciary Committee to ask the Government Accountability Office to investigate problems with the 2005 amendments to the bankruptcy code that he identified, and the GAO returned a report agreeing with his analysis (September 30, 2021).

Jared Ellias’ article, “Rise of Bankruptcy Directors,” inspired legislation introduced by Sen. Elizabeth Warren to fix the bankruptcy directors problem.

Robin Feldman’s article, May Your Drug Price Be Evergreen, was cited in a letter from Acting FDA Commissioner Janet Woodcock to the PTO describing issues related to patents on prescription medicine. The letter, prompted by a White House executive order, cited Feldman’s work for the statistic that 78% of the drugs associated with new patents are existing products.