nyu law

Volume 73, Issue 2

/ NYU Annual Survey of American Law

 

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)

Volume 72, Issue 2

/ NYU Annual Survey of American Law

Full issue available here

Article

The “New” District Court Activism in Criminal Justice Reform
Jessica A Roth
Cite as 72 N.Y.U. Ann. Surv. Am. L. 187 (2018)

Notes

Democracy in the Digital Age: Why the Equal Time Rule Should be Abandoned
Sarah Warburg-Johnson
Cite as 72 N.Y.U. Ann. Surv. Am. L. 275 (2018)

Valuing Fatal Cancer at the EPA
Max Yoeli
Cite as 72 N.Y.U. Ann. Surv. Am. L. 315 (2018)

A New Idea Rather than a New I.D.E.A.: Separate Federal Legislation for RTI Students
Harry I. Black
Cite as 72 N.Y.U. Ann. Surv. Am. L. 357 (2018)

Volume 73, Issue 1

/ NYU Annual Survey of American Law

The 73rd Volume of the Annual Survey of American Law is dedicated to Justice Sonia Sotomayor

Full issue available here

Seventy-Five Years of the Annual Survey
Alison Wall & Leonid Grinberg

Tributes to Justice Sonia Sotomayor
Austin Wilkins
Judge Robert Katzmann
Judge Guido Calabresi
Judge Deborah A. Batts
Dawn Cardi

Acknowledgment
Justice Sonia Sotomayor

Article

Fast & Furious: The Misregulation of Driverless Cars
Tracy Hresko Pearl
Cite as 73 N.Y.U. Ann. Surv. Am. L. 19 (2017)

Notes

Patron Data Privacy Protection at Public Libraries: The Ethical Model Big Data Lacks
Emma Trotter
Cite as 73 N.Y.U. Ann. Surv. Am. L. 73 (2017)

The Duty to Defend and Federal Court Standing: Resolving a Collision Course
T. Patrick Cordova
Cite as 73 N.Y.U. Ann. Surv. Am. L. 109 (2017)

Volume 72, Issue 1

/ NYU Annual Survey of American Law

The 72nd Volume of the Annual Survey of American Law is dedicated to Judge Jack B. Weinstein

Full issue available here

Tributes to Judge Jack B. Weinstein
Dean Trevor Morrison
Christinia Liu
Judge John Gleeson
Elizabeth Cabraser
Leslie Gordon Fagen
Kenneth Feinberg
Samuel Issacharoff
Diane Leenheer Zimmerman

Acknowledgment
Judge Jack B. Weinstein

Article

Constitutionalizing Equity: Consequences of Broadly Interpreting the “Modern Rule” of Injunctions Against Defamation
Steve Tensmeyer
Cite as 72 N.Y.U. Ann. Surv. Am. L. 43 (2017)

Notes

Just Out of Curiosity? Properly Weighing the Public’s Interest When Deciding Whether to Broadcast a Civil Trial
David A. Giroux
Cite as 72 N.Y.U. Ann. Surv. Am. L. 91 (2017)

Exit vs. Voice: A Comparison of Divestment and Shareholder Engagement
Alex Gorman
Cite as 72 N.Y.U. Ann. Surv. Am. L. 113 (2017)

Volume 71, Issue 4

/ NYU Annual Survey of American Law

Full issue available here

Articles

The Fourth Amendment in a Digital World
Laura K. Donohue
Cite as 71 N.Y.U. Ann. Surv. Am. L. 553 (2017)

Mutual Legal Assistance in an Era of Globalized Communications: The Analogy to the Visa Waiver Program
Peter Swire & Justin D. Hemmings
Cite as 71 N.Y.U. Ann. Surv. Am. L. 687 (2017)

Note

Modern State Action Doctrine in the Age of Big Data
Daniel Rudofsky
Cite as 71 N.Y.U. Ann. Surv. Am. L. 741 (2017)

Copyrighting Fashion After Varsity Brands

/ NYU Annual Survey of American Law

Copyrighting Fashion After Varsity Brands

Friday, February 24, 2017 | 12:00 PM – 2:00 PM
Vanderbilt Hall, Greenberg Lounge
40 Washington Square South New York, NY 10012  map

Attendees can register here.

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

copyrighting-fashion

Interested in the law of fashion?  Join us for this exciting panel on the first Supreme Court case in decades to grapple with the subject.  Four panelists will discuss Star Athletica v. Varsity Brands, in which the Court discusses whether the design of a cheerleading uniform can gain copyright protection.  Dozens of law professors, including several from NYU, have submitted amicus briefs for both sides.  Our panelists will explore what the ramifications will be both for scholars and the industry.

The panel will be moderated by NYU’s own Professor Christopher Sprigman (coauthor of one of the amicus briefs in the case).  The panelists will be:

– Professor Doug Hand (NYU, partner at Hand Baldachin & Amburgey LLP)

– Professor Barbara Kolsun (Cardozo, former General Counsel of Kate Spade)

– Professor Betsy Rosenblatt (Whittier, coauthor of an amicus brief in the case)

– Professor Jeffey Trexler (Fordham, coauthor of an amicus brief in the case)

This event is part of “Copyrighting What We Wear: A Legal and Technological Restyling,” the Annual Survey of American Law 2017 Symposium on Fashion and Copyright.

Please RSVP here by 5:00 p.m. Tuesday, 2/21

Announcing the 2017 N.Y.U Annual Survey of American Law Dedication Ceremony Honoring Judge Pauline Newman

/ NYU Annual Survey of American Law

The NYU Annual Survey of American Law will dedicate its 74th Volume to Pauline Newman, Circuit Judge of the United States Court of Appeals for the Federal Circuit. The following friends and colleagues of Judge Newman will share their reflections and pay tribute to her work:

Raymond Chen: Circuit Judge of the U.S. Court of Appeals for the Federal Circuit
Rochelle C. Dreyfuss: Pauline Newman Professor of Law; Co-Director, Engelberg Center on Innovation Law & Policy; Co-Director, Competition, Innovation, & Information Law Program
James A. Worth: Administrative Patent Judge, U.S. Patent and Trademark Office
Rachel Elsby: Counsel, Akin Gump Stauss Hauer & Field LLP
Daniel J. Klein: Associate, Paul, Weiss, Rifkind, Wharton & Garrison

The ceremony will take place at the Law School on Tuesday, February 21, 2017, in Greenberg Lounge, located on the first floor of Vanderbilt Hall, 40 Washington Square South. Doors will open at 5:15 p.m and the ceremony will begin at 5:30pm. We expect the event will be well attended and recommend arriving early. A reception with Judge Newman will follow, also set to be held in Greenberg Lounge.

If you would like to attend, please RSVP here by 6:00 p.m. on Thursday, February 16.

Volume 71, Issue 3

/ NYU Annual Survey of American Law

Full issue available here

Articles

“Leaving the Fox in Charge of the Hen House”: of Agencies, Jurisdictional Determinations and the Separation of Powers
Sarah Zeleznikow
Cite as 71 N.Y.U. Ann. Surv. Am. L. 275 (2016)

Damages for Deceit: A Case Study in the Making of American Common Law
Edward J. Normand
Cite as 71 N.Y.U. Ann. Surv. Am. L. 333 (2016)

Nolle-and-Reinstitution: Opening the Door to Regulation of Charging Powers
Joseph A. Thorp
Cite as 71 N.Y.U. Ann. Surv. Am. L. 429 (2016)

Notes

Defendant Class Actions in Bankruptcy: A Practice Guide
Ameneh Bordi
Cite as 71 N.Y.U. Ann. Surv. Am. L. 481 (2016)

Magistrates After Arkison & Wellness: The Outer Limits of Consent
Benjamin P.D. Mejia
Cite as 71 N.Y.U. Ann. Surv. Am. L. 509 (2016)

The Interrelationship Between Price Impact and Loss-Causation After Halliburton I & II

/ NYU Annual Survey of American Law

Private securities actions in the lower courts have raised an important doctrinal question: can a defendant in a private securities action be held liable for a misrepresentation that purportedly causes artificial inflation to come out of a stock price, without proof that the defendant’s misconduct was responsible for the initial inflation of the stock price? In other words, can there be loss causation without price impact? The Supreme Court’s recent decisions in Haliburton I and II indicate that because price impact is the obverse of loss causation, it is essential to proving that a defendant’s fraud caused a plaintiff’s economic loss.

Full article available here
Mark A. Perry & Kellam M. Conover
Cite as 71 N.Y.U. Ann. Surv. Am. L. 189 (2015)

The Scope of the Jury Trial Right in SEC Enforcement Actions

/ NYU Annual Survey of American Law

What is the role of a jury in deciding the size of an SEC monetary penalty? A defendant’s right to a jury trial extends beyond the elements of the violation. Rather, it includes all factual findings that can lead to sanctions under the SEC’s civil money penalty regime.

Full article available here
Matthew T. Martens & Troy A. Paredes
Cite as 71 N.Y.U. Ann. Surv. Am. L. 147 (2015)