New and Updated FAQ

Founded in 1942, the New York University Annual Survey of American Law is a student-edited journal at New York University School of Law. The Annual Survey is NYU’s second-oldest legal journal and was originally compiled by NYU faculty members as a comprehensive annual reference to developments in American law. Now a quarterly publication, the Annual Survey continues its dedication to exploring contemporary legal developments in the United States from a practice-oriented perspective. Annual Survey articles analyze emerging legal trends, interpret significant recent court decisions and legislation, and explain leading legal scholars’ and judges’ perspectives on current legal topics. The journal is widely distributed throughout the world, giving lawyers both inside and outside the United States insight into American law and legal issues.

Second year law students serve on the journal as Staff Editors, while third year students serve as either Articles Editors or in various board positions. The journal offers its members numerous benefits, including a presumption of publishability, networking opportunities with alumni, and more. Additionally, Staff Editors have the opportunity to contribute to the overall direction of the journal by serving on one of our many committees. For their work, Articles Editors receive 1 credit and members of the board receive 2 credits in their third year of law school. Below you will find more specific information about the various responsibilities and opportunities for members of our journal.

If you have any questions about journal membership, please email Editor-in-Chief Elan Weinberger at ejw421@nyu.edu.

How Does Annual Survey Select Staff Editors?

Given our practitioner-oriented mission, Annual Survey places a heavy emphasis on both the Bluebook and writing sample components in choosing our Staff Editors. Cite checking, editing, and strong legal writing are important to any practitioner. Therefore, this year we are permitting the submission of either the writing competition casebook comment or your lawyering brief as a writing sample. We want rising 2Ls to put their best foot forward and we believe that providing this option allows prospective members to best demonstrate their writing abilities.

What are the Primary Responsibilities of Staff Editors?

Staff Editors are expected to complete two hours a week of in-person C&S (Citation & Substance) hours. Under the supervision of 3L Executive Articles Editors, Staff Editors perform vital citation and fact-checking tasks that ensure the quality of the articles we publish. C&S hours not only enable Staff Editors to perfect their Bluebooking skills, but provide a space for building community within the journal and eating delicious snacks.

Outside of C&S Hours, What Other Opportunities Do 2Ls Have to Get involved?

In addition to weekly C&S Hours, Staff Editors serve on several committees, including Alumni, Development, Diversity, Online, Social, and Solicitations. Committees are a great way for Staff Editors to meet other members of the journal beyond C&S hours and engage in substantive work. Time commitment and ability to work remotely varies amongst the committees. Staff Editors are required to serve on at least one committee, but may serve on multiple committees if they so choose. The available committees are as follows:

Alumni Committee:

The Alumni Committee assists in engaging our alumni across the country. Annual Survey has a number of very prestigious alumni including federal judges, law firm partners, and attorneys throughout both government and public interest organizations. Members of the Alumni Committee will engage with these alumni to update them on journal developments and create events honoring our broad alumni base.

Development Committee:

The Development Committee (DevComm) gives Staff Editors the opportunity to get involved in Annual Survey’s article selection process. DevComm members meet with the Managing Editor for Development once every two weeks during the beginning and middle of each semester to discuss the merits of articles submitted to the journal and help make editorial decisions. Meetings are great opportunities for Staff Editors to explore their legal interests in an informal, no-pressure environment.

Diversity Task Force:

The Diversity Task Force (DTF) assists the journal in cultivating a diverse and inclusive community. It supports journal members of diverse backgrounds, ensures appropriate diverse policies of the journal and recruits a diverse pool of submissions for the journal. Over the past year, the DTF has updated the Journal Style Guide to keep up with social understanding/norms and held a Diversity Panel welcoming authors advancing gaps in diversity and inclusion efforts in the legal community at large.

Online Committee:

The Online Committee acts as an advisory and executive body for the Annual Survey’s online and digital strategy as well as for the management of the Forum, our online publication. Staff Editors maintain both our website and social media accounts to increase functionality and expand our online presence.

Social Committee:

The Social Committee helps bolster community spirit among journal members by providing them with opportunities to socialize with one another outside the academic setting of the journal. In the past, the Social Committee has hosted study breaks, beer pong tournaments, movie nights, and trivia nights at local bars. We are looking forward to many more fun events together in the future.

Solicitations Committee:

The Solicitations Committee is responsible for managing Annual Survey’s relationship with the academic and professional legal community. The role of the Solicitations Committee in fostering relationships with practitioners and academics includes planning our annual symposium, reaching out to professors to submit articles to our journal, and serving as a conduit for journal members who have written notes to receive feedback from the NYU Law community at large.

Can I Get Published as a Member of the Journal?

Annual Survey members enjoy a presumption of publishability. The journal offers numerous avenues to publish both longer (Option A) and shorter (Option B) pieces. The journal will help you every step of the way including developing a paper topic, to writing the piece, and marshaling it through the editing process. Given that we are a generalist publication, you can write about any legal topic. Below you will find more information on how Annual Survey can help you publish your work.

Notes Writing Program:

The Notes Writing Program provides 2Ls and 3Ls the opportunity to work directly with a Notes Editor on perfecting a piece of writing for print publication in the journal. NWP serves as a perfect pipeline for students wishing to turn their Option A or B seminar papers into publications they can put on their resumes or clerkship applications. Students involved in the either year-long or spring-only sessions of the NWP meet regularly with their Notes Editor and several peers to set deadlines, discuss ideas, and work through roadblocks in the writing process.

ASAL Forum:

The ASAL Forum is an online-only publication that features articles, think-pieces, and practice notes submitted by professors, practitioners, and students. It is an ideal platform for students seeking to turn a shorter piece of writing, like an Option B paper, into a published piece. It is edited by Annual Survey’s Online Editors. Check out the ASAL Forum tab at the top of the page for more information.

What kind of events does Annual Survey put on?

Over the course of the year, Annual Survey hosts a number of events on legal topics important to practitioners. These include our symposium and dedication. We also are involved in cosponsoring numerous intellectual life events throughout the year. In addition, we also host social and networking events for our editors and alumni. Please see below for more information, or click the “Events” tab at the top of the page.

Symposium:

Each year the Annual Survey puts on a symposium of a pertinent legal topic of our choosing. Past topics have included the future of Copyright law, the Internet and Data Privacy, and the Constitutionality of the Affordable Care Act. This coming fall, we will be leading a symposium focused on the challenges and opportunities in litigating Second Amendment claims today. Typically, our symposia include one panel on litigation and one panel on policy considerations, with a keynote speaker in between the two panels.

Dedication:

Every year, Annual Survey dedicates our volume to an influential legal scholar or practitioner. We invite this person to the law school to celebrate them and their contributions to the legal field. These dedications allow us to hear directly from our dedicatee, learning about their passion and drive as well as tips and tricks for a successful legal career. This year, we honored Barbara Underwood, who currently serves as the Solicitor General for the State of New York. In past years, we have dedicated to Hilary Clinton, Ruth Bader Ginsberg, and countless other big names. For more information on our dedication events, click the Dedications tab above.

Social and Alumni Events:

Annual Survey puts on a number of social events to foster a sense of community with the current members of the journal. These include, inter alia, happy hours, beer pong tournaments, and movie nights. In addition, this year, we will be putting on a number of alumni events to facilitate networking between current members and alumni.

Registration Open for “Gun Reform: The Current Legal Landscape” Symposium!

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It is our pleasure to invite you to join the New York University Annual Survey of American Law and Brady: United Against Gun Violence for “Gun Reform: The Current Legal Landscape.” This half-day symposium will address the current gun crisis in America with a focus on recent developments in our nation’s courts and legislatures regarding the Second Amendment and gun reform.

This event will be taking place on Monday, April 6 from 9:30 a.m. – 3:00 p.m in Greenberg Lounge, Vanderbilt Hall at NYU School of Law.

Schedule:

9:30-10:00 a.m. Registration

10:00 -10:15 a.m. Opening Remarks and Introduction

10:15-10:45 a.m. Keynote Address delivered by Eric Tirschwell

10:45-11:00 a.m. Coffee Break

11:00 a.m.-12:30 p.m. Panel 1: Curbing Gun Violence Through the Courts

12:30-1:15 p.m. Lunch

1:15-2:45 p.m. Panel 2: Closing Loopholes: Necessary Policy and Regulatory Changes

 

Please register HERE!

Participating Speakers:

  • Eric Tirschwell, Managing Director of Litigation and National Enforcement Policy, Everytown
  • John Lowy, Vice President, Legal Action Project, Brady
  • Alvin Bragg, Co-Director of the Racial Justice Project, Visiting Professor at NYLS and candidate for Manhattan DA
  • Ira Feinberg, Partner at Hogan Lovells, member of Firearm Accountability Task Force, and lawyer for March for Our Lives
  • Joseph Blocher, Duke Law Professor
  • Alla Lefkowitz, Director of Affirmative Litigation, Everytown
  • Alicyn Cooley,  Executive Director, Program on Corporate Compliance and Enforcement at NYU Law
  • Eric Ruben, Assistant Professor of Law at SMU Dedman School of Law and Brennan Center Fellow
  • Christian Heyne, Director of Policy at Brady and Gun Violence Survivor
  • Richard Aborn, President of the Citizen Crime Commission of New York City
  • Alvin Bragg, Co-Director of the Racial Justice Project, Law Professor at New York Law School and candidate for Manhattan DA

The event is co-sponsored by Arnold & Porter, Paul, Weiss, and The Brennan Center.

Coffee and lunch will be served. Free and open to the public. CLE credit available.

Call for Papers: Marian Wright Edelman Dedication Issue

Dedication of the 76th Volume to Marian Wright Edelman

CALL FOR PAPERS

The New York University Annual Survey of American Law is honored to dedicate its 76th Volume to Marian Wright Edelman, founder and president emerita of the Children’s Defense Fund.

Topic

Marian Wright Edelman has been a fierce advocate for disadvantaged Americans throughout her entire career. After graduating from Yale Law School, she worked as the Director of the NAACP Legal Defense and Educational Fund as the first black woman admitted to the Mississippi State Bar. She went on to become counsel for the Poor People’s Campaign before founding the Washington Research Project and the Children’s Defense Fund (CDF).

This Dedication Issue seeks to explore topics related to Marian Wright Edelman’s contributions to the legal community. We encourage all interested scholars, practitioners, and graduate students to submit paper proposals on civil rights, children’s rights, poverty, and other relevant topics. Selected papers will be published along with tributes to Marian Wright Edelman written by Olivia Golden, Martin Guggenheim, Elaine R. Jones, Sara Rosenbaum, Robert Schwartz, John Sexton, and James D. Weill.

 

Submission of Papers

All submissions should be sent to law.annualsurvey@nyu.edu no later than June 17, 2019. We are accepting proposals on a rolling basis. Authors will be informed whether they have been selected for publication within three weeks of submission. Authors will then have until September 30, 2019 to submit their papers.

Proposals should include a title, detailed abstract, and description of how the author’s chosen topic relates to the life and work of Marian Wright Edelman.

About the Journal

Founded in 1942, the New York University Annual Survey of American Law is a student-edited journal at New York University School of Law. The Annual Survey is NYU’s second-oldest legal journal and was originally compiled by NYU faculty members as a comprehensive annual reference to developments in American law. Now a quarterly publication, the Annual Survey continues its dedication to exploring contemporary legal developments in the United States from a practice-oriented perspective. Annual Survey articles analyze emerging legal trends, interpret significant recent court decisions and legislation, and explain leading legal scholars’ and judges’ perspectives on current legal topics. The journal is widely distributed throughout the world, giving lawyers both inside and outside the United States insight into American law and legal issues.

Progress and Challenges in Criminal Justice and National Security: Honoring Contributions by Professor Stephen Schulhofer

Friday, April 26, 2019
8:45AM — 5PM
Vanderbilt Hall, Greenberg Lounge
40 Washington Square South, New York, NY 10012

This event is appropriate for both experienced and newly admitted attorneys. Up to 7.5 CLE credits available. To register, please RSVP here. Please indicate whether you also wish to register for CLE credit. Supplemental material will be provided approximately one week before the conference.

In honor of the scholarship and work of Professor Stephen Schulhofer, Robert B. McKay Professor of Law, the Annual Survey of American Law has partnered with the NYU Criminal Law Faculty to host an all-day conference entitled “Progress and Challenges in Criminal Justice and National Security” on April 26, 2019. The conference will be composed of five panels focused broadly on Policing and Racial Justice, Sexual Assault and Gender Justice, Surveillance and National Security, Plea Bargaining and Sentencing, and Systemic Criminal Justice Reform.

The panels will be comprised of leading scholars, judges, and practitioners in the criminal justice and national security fields, as well as Professor Schulhofer’s current and former students and colleagues. The panelists will assess progress and ongoing challenges in the areas that have been of central concern to Professor Schulhofer during his 45-year career.

Professor Schulhofer has had a distinguished academic career, writing over fifty scholarly articles and seven books that cover a variety of topics from police interrogation to national security to rape law. In addition, he currently serves as the reporter for the American Law Institute’s project to revise the sexual offense provisions of the Model Penal Code. Previously, Professor Schulhofer was the Julius Kreeger Professor of Law and director of the Center for Studies in Criminal Justice at the University of Chicago Law School, and was the Ferdinand Wakeman Hubbell Professor of Law at the University of Pennsylvania Law School. He completed his BA at Princeton University and his JD at Harvard Law School, both summa cum laude. He then clerked for two years for US Supreme Court Justice Hugo Black and practiced law for three years before beginning his academic career.

Please see here for details.

Dedication of the 76th Volume of the NYU Annual Survey of American Law to Marian Wright Edelman on Tuesday, February 26.

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The NYU Annual Survey of American Law is honored to invite you to the dedication of our 76th Volume to Marian Wright Edelman. The ceremony will take place at the Law School, on Tuesday, February 26, at 5:30 p.m. in Greenberg Lounge, located on the first floor of Vanderbilt Hall. A reception will follow.

Please RSVP here.

Mrs. Edelman is a leading public interest advocate, non-profit founder and director, and a prolific author. She has shaped state and national policies for decades and has improved the lives of countless individuals. We are fortunate to dedicate this volume’s scholarship to Mrs. Edelman and to recognize such a dedicated and inspirational member of our national life.

Mrs. Edelman has been a fierce and effective advocate for disadvantaged Americans throughout her professional life. After graduating from Yale Law School, she became the first black woman admitted to the Mississippi State Bar and worked as the Director of the NAACP Legal Defense and Educational Fund in Jackson, Mississippi. Mrs. Edelman went on to become counsel for the Poor People’s Campaign and founder of the Children’s Defense Fund and the Washington Research Project, a public interest law firm. Her long list of accolades includes the Albert Schweitzer Humanitarian Prize, the Presidential Medal of Freedom, the nation’s highest civilian award, and the Robert F. Kennedy Lifetime Achievement Award for her prolific writings.

Mrs. Edelman currently sits on the boards of the Robin Hood Foundation and the Association to Benefit Children and is a member of the Council on Foreign Relations, the American Philosophical Society, the American Academy of Arts and Sciences, and the Institute of Medicine of the National Academy of Sciences.

We are truly honored to have Mrs. Edelman as a part of our 76th Volume.

Tributes will be delivered by:

Olivia Golden, Executive Director, Center for Law and Social Policy; Former Director of Programs and Policy, Children’s Defense Fund

Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law

Elaine R. Jones, Former President and Director-Counsel, NAACP Legal Defense and Educational Fund

Sara Rosenbaum, Harold and Jane Hirsh Professor of Health Law and Policy, George Washington University Milken Institute School of Public Health; Former Child Health Director, Children’s Defense Fund

Robert Schwartz, Co-Founder and Executive Director Emeritus, Juvenile Law Center; Beck Chair in Law, Temple University Beasley School of Law

John Sexton, President Emeritus, New York University; Dean Emeritus and Benjamin F. Butler Professor of Law, New York University School of Law

James D. Weil, President, Food Research & Action Center; Former Program Director and General Counsel, Children’s Defense Fund

Volume 73, Issue 2

 

Full issue available here

Articles

Consent to Judicial Jurisdiction: The Foundation of “Registration” Statutes
Oscar G. Chase
Cite as 73 N.Y.U. Ann. Surv. Am. L. 159 (2018)

When Can the Patent Office Intervene in Its Own Cases?
Saurabh Vishnubhakat
Cite as 73 N.Y.U. Ann. Surv. Am. L. 201 (2018)

Notes

Can U.S. Sanctions on Iran Survive Iran’s World Trade Organization Accession?
S. Riane Harper
Cite as 73 N.Y.U. Ann. Surv. Am. L. 243 (2018)

Assigning the Burden of Proof for the Discretionary Function Exception to the Federal Tort Claims Act: An Optimal Approach
Adin Pearl
Cite as 73 N.Y.U. Ann. Surv. Am. L. 275 (2018)

After “Knowing Exposure”: First and Fourth Amendment Dimensions of Drone Regulation
Beth Shane
Cite as 73 N.Y.U. Ann. Surv. Am. L. 323 (2018)

Sentencing Reform from the Bench: The Emerging Role of District Court Judges

Sentencing Reform from the Bench:
The Emerging Role of District Court Judges

Monday, March 26th, 2018 2:00PM – 4:00PM
Vanderbilt Hall, Greenberg Lounge
40 Washington Square South New York, NY 10012  
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Attendees can register here.

To obtain the 1.5 units of CLE credit, click here for the reading material

Popular perception of the judiciary’s role in sentencing reform tends to focus on the way appellate courts interpret the law in the course of criminal appeals. In this narrative, appellate judges spur criminal justice reform by handing down binding precedent reinterpreting criminal law. But this doesn’t tell the whole story. According to recent scholarship by Professor Jessica Roth, a narrow focus on appellate law downplays the significant role trial judges can play in effecting sentencing reform, through non-binding dicta, law review articles, speeches, and other forums of advocacy.

Join us for an exciting panel discussion on how trial judges use their unique position to change sentencing practices.

Our panel will include:

The Honorable John Gleeson
Partner, Debevoise & Plimpton
Former Judge, United States District Court for the Eastern District of New York

The Honorable Denny Chin
Judge, United States Court of Appeals for the Second Circuit

Professor Jessica Roth
Associate Professor of Law, Benjamin N. Cardozo School of Law at Yeshiva University
Co-Director, Jacob Burns Center for Ethics in the Practice of Law

Professor Frank O. Bowman III
Floyd R. Gibson Missouri Endowed Professor of Law, University of Missouri School of Law

Professor Bruce A. Green
Louis Stein Chair of Law, Fordham Law School
Director, Stein Center for Law and Ethics

Professor Rebecca Roiphe
Professor of Law, New York Law School
Co-Dean for Faculty Scholarship

Professor Kate Stith
Lafayette S. Foster Professor of Law, Yale Law School

Professor Ellen Yaroshefsky
Howard Lichtenstein Distinguished Professor of Legal Ethics, Maurice A. Deane School of Law at Hofstra University
Executive Director, Monroe H. Freedman Institute for the Study of Legal Ethics

Please RSVP here by 5:00 pm Thursday March 22nd

Dedication of the 75th Volume of the NYU Annual Survey of American Law to Chief Judge Robert A. Katzmann on Tuesday, March 6

You are invited to attend the dedication of the 75th Volume of the NYU Annual Survey of American Law to Chief Judge Robert A. Katzmann of the United States Court of Appeals for the Second Circuit. The ceremony will take place at the Law School on Tuesday, March 6, at 4:45 p.m. in Greenberg Lounge, located on the first floor of Vanderbilt Hall. A reception will follow.

Tributes will be delivered by the Honorable Sonia Sotomayor, Associate Justice, Supreme Court of the United States; the Honorable Ruth Bader Ginsburg, Associate Justice, Supreme Court of the United States (Video); the Honorable Guido Calabresi, United States Circuit Judge, United States Court of Appeals for the Second Circuit; the Honorable Ann Claire Williams, United States Court of Appeals for the Seventh Circuit (retired); Nancy Morawetz, Professor of Clinical Law, NYU School of Law; Peter L. Markowitz, Professor of Law, Benjamin N. Cardozo School of Law; Lindsay Nash, Visiting Assistant Clinical Professor, Benjamin N. Cardozo School of Law; James C. Duff, Director, Administrative Office of the United States Courts; Paul Light, Paulette Goddard Professor of Public Service, Robert F. Wagner Graduate School of Public Service, New York University; and Russell Wheeler, Visiting Fellow, Brookings Institution, and President of the Governance Institute.

Kindly respond by February 27 via the following link: https://nyu.qualtrics.com/jfe/form/SV_3Q3AV0nUTi0gBFz.