Faculty with Impact

Recent scholarship and other works published by
Cardozo Law School Professors

Faculty with Impact

Recent scholarship and other works published by
Cardozo Law School Professors

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MESSAGE FROM DEAN MELANIE LESLIE

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Our professors are renowned scholars and practitioners—experts who shape the study and practice of law. I'm proud to share a sampling of their recent scholarship with you. The energy and engagement exhibited by our faculty continue to make Cardozo a leader in legal education.

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FACULTY SCHOLARSHIP

 
 

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Luís Calderón Gómez

Is Tax Law? | Fordham Law Review (Forthcoming)

Coin Taxes (with Mitchell Kane) | U.C. Irvine Law Review  (Forthcoming)

"New kinds of private money are thriving, with increasing circulation, growing acceptance, and rapid technological innovation. But this new suffers from an old problem: bank runs. . . . As a result, these new types of money remain critically vulnerable to bank runs, and the potential for financial contagion from their failure poses catastrophic risks to society." 

 

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David Carlson

The Safe Harbor for Leveraged Buyouts in Bankruptcy | American Bankruptcy Law Journal (Forthcoming)

 

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Wilfred Codrington III

Is it Time to Scrap Stare Decisis? | Illinois Law Review Online

 

"Stare decisis may not be an inexorable command. But it is a command—a long-standing one—and for good reason. This should be considered when the Supreme Court issues its next decision overruling legal precedent, whether it is Humphrey’s Executor or another ruling, whether explicitly or by stealth, and irrespective of the merits of the underlying dispute. It may just be a valuable piece of evidence in the case for or against stare decisis. Certainly, the jury is out as to whether we should continue to stand by the ideal or sit down to think more deeply about perpetuating the doctrine given its practical demerits. Rather than allowing the justices to continue a facade, perhaps we should just accept that this is a new reality. It just may be that by removing this metaphorical ace from the deck (or Joker, if you’re Thomas), the house of cards at One First Street will come crumbling down. If that comes to pass, at least it may present the opportunity to draw up a new blueprint that instructs how to lay a more stable, “more perfect” foundation. And on those grounds, “we the People” can erect a true temple of Justice, one actually worthy of “ourselves and our posterity.”

 

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Haiyun Damon-Feng

Conscripted Surveillance | Florida Law Review (Forthcoming)

"This Article provides a rich descriptive account of ISAP's surveillance powers and posits a new theory of ISAP as a form of "conscripted surveillance." ISAP's incredible and invasive reach has largely been justified on grounds that individuals consent to its terms, but this consent is a fallacy. It is based on a coercive choice-agree to ISAP or go to jail-and an empty threat-ICE could not actually send everyone it threatened with ISAP to jail if they refused. As such, ICE functionally conscripts immigrants into service as beacons of community surveillance, using the data it collects through ISAP to make mass arrests and facilitate mass deportations. Understanding ISAP in this way reveals how our administrative and legal systems fail to meaningfully oversee the harms that ISAP perpetuates, and it provides a new lens through which to evaluate and critique the terms and scope of immigration detention in the U.S."

 

Agency Factmaking Yale Law Journal (Forthcoming)

 

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Peter Goodrich

 Occursus: An Introduction to my Ghosts | Law, Culture, and the Humanities

 

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Michael Herz

 An Alternate History of Chevron, With a Lesson for Today | Fordham Environmental Law Review (Forthcoming)

 

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Rebecca Ingber

 The Abuse of Neutrality | Virginia Journal of International Law

 

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Young Ran (Christine) Kim (with Dmitry Erokhin)

Algorithmic Tax Ownership BYU Law Review (Forthcoming)

 

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Rachel Landy

Swiping Rights | U.C. Davis Law Review (Forthcoming)

"Much has been written about the intersection of regulation and entrepreneurship. But sparse attention has been paid to the unintended consequences on early-stage companies of more subtle regulatory interventions like contract rules—especially those with inconsistent or conflicting requirements among the states. This Article begins to fill that gap and uses as a case study a set of contract laws passed long ago to govern traditional matchmaking services, but now equally apply to Tinder and its brethren.”


Did Copyright Fail Music Artists? | B.U. Law Review (Forthcoming)

 

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Alma Magaña

Diagonal Representation | B.U. Law Review (Forthcoming)
Public Defender Discretion 
| U.C. Davis Law Review (Forthcoming)

 

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Peter Markowitz (with Mauricio Noroña)

Who Decides Who Gets Deported? | Florida Law Review (Forthcoming)

 

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Lindsay Nash

Resurrecting Immigration Releases | Yale Law Journal (Forthcoming)

 

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Stephanie (Ellie) Norton

Immigration’s Prejudice Problem | Nevada Law Journal (Forthcoming)

 

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Jacob Noti-Victor (with Mark Lemley)

Anticompetitive Acquiescence Florida Law Review (Forthcoming)

 

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Michael Pollack

Sidewalk Living | William & Mary Law Review (Forthcoming)

 

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Alex Reinert

Notice Pleading’s Quiet Return | Washington University Law Review
Empiricism and Constitutional Torts (with Joanna Schwartz & Jim Pfander)
Annual Review of Law & Social Science (Forthcoming)

 

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Jessica Roth (with Bruce Green)

Subordinate Prosecutors | Stetson Law Review (Forthcoming)

 

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Zalman Rothschild

Anti-Zionism, Antisemitism, and the Promise and Problems of Antidiscrimination Law | Indiana Law Journal (Forthcoming)

 

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Jeanne Schroeder & David Carlson

Property & Information | Washington University Jurisprudence Review (Forthcoming)

 

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Stewart Sterk (with Reid K. Weisbord)

Joint Bank Accounts: Who Needs Them? | Iowa Law Review (Forthcoming)

 

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Martin Stone

Gregory Keating’s Understanding of Tort Law | Law & Philosophy (Forthcoming)

 

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Sam Weinstein & Matt Wansley (with Brian Broughman)

 No Exit | NYU Law Review (Forthcoming)

 

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Matt Wansley (with Bryant Walker Smith)

Regulating Robotaxis | Southern California Law Review (Forthcoming)

 

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Sam Weinstein

Consumer Tradeoffs | Arizona State Law Journal (Forthcoming)

 

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Chuck Yablon

The Two Faces of Stays Pending Appeal | Notre Dame Law Review Online (Forthcoming)

 

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Edward Zelinsky

Defending U.S. Citizenship-Based Taxation in Theory and in Practice: An Essay on Fiscal Citizenship in a FATCA World
Cardozo Law Review (Forthcoming)

 

Book Announcements

 

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Barbara Kolsun (with Douglas Hand)

The Business and Law of Fashion and Retail

 

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Young Ran (Christine Kim) with (Reuven S. Avi-Yonah)

The International Tax Revolution Forthcoming July 2025

 

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Andrea Schneider (with Carrie Menkel-Meadow)

International Conflict Resolution Processes

 

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Stewark Sterk (with others)

Land Use Regulation

 

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Suzanna Last Stone

Jewish Law: New Perspectives

The Jewish Legal Tradition (with others)

 

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