2020 Faculty Scholarship Brochure

F A C U L TY SCHOLARSHIP HIGHLIGHTS 2016-2020

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SCHOLARSHIP REPORT 2016-2020 Renee Nicole Allen John Q. Barrett Christopher J. Borgen Robin A. Boyle Laisure Rosa Castello Edward D. Cavanagh Larry Cunningham Marc O. DeGirolami Vincent M. DiLorenzo Catherine Baylin Duryea Sheldon A. Evans Elayne E. Greenberg Lawrence Joseph Kate Klonick Anita S. Krishnakumar Margaret E. McGuinness Patricia Grande Montana Mark L. Movsesian Michael A. Perino Anna Roberts Rosemary C. Salomone Keith Sharfman Jeremy N. Sheff Michael A. Simons Rachel H. Smith Jeff Sovern Eva E. Subotnik Margaret V. Turano Cheryl L. Wade G. Ray Warner

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Renee Nicole Allen

Assistant Professor of Legal Writing J.D., University of Florida Levin College of Law B.A., Mercer University M.S., University of Tennessee

Renee Nicole Allen, Alicia Jackson & DeShun Harris, The “Pink Ghetto” Pipeline: Challenges and Opportunities for Women in Legal Education, 96 U. Det. Mercy L. Rev. 525 (2019) Renee Nicole Allen, & DeShun Harris, #SocialJustice: Combatting Implicit Bias in an Age of Millennials, Colorblindness, & Microaggressions, 18 U. Md. L.J. Race Relig. Gender & Class 1 (2018) Renee Nicole Allen & Alicia Jackson, Contemporary Teaching Strategies: Effectively Engaging Millennials Across the Curriculum, 95 U. Det..

Mercy L. Rev. 1 (2017)

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

JOHN Q. BARRETT

Professor of Law J.D., Harvard Law School B.A., Georgetown University

Attorney General Robert H. Jackson and President Franklin D. Roosevelt, 44 J. of Sup. Ct. Hist. 90 (2019) Justice Jackson & Jehovah’s Witnesses: Barnette in Its Context, and Jackson’s Life and Work, 13 F.I.U. L. Rev. 827 (2019) Jackson, Vinson, Reed, and ‘Reds’: The Second Circuit Justices’ Denials of Bail to the Bail Fund Trustees (1951), 7 Journal of Law (2 Journal of In-Chambers Practice) 19 (2017) A New Chief Justice in the Sight of His Predecessor: Stone and Hughes, Summer 1941, 42 J. of Sup. Ct. Hist. 202 (2017) The Nuremberg Trials: A Summary Introduction, 39 Loy. Int’l & Comp.

L. Rev. 114 (2017) Legacies of Nuremberg, in Proceedings of the Tenth Annual International Humanitarian Law Dialogs 63 (American Society of International Law, Studies in Transnational Legal Policy No. 49, Mark David Agrast & David M. Crane eds., 2017) Robert H. Jackson’s Cowslip Sandwich, in Table for Nine: Supreme Court Food Traditions & Recipes (Supreme Court Historical Society, Clare Cushman ed., 2017) Herbert Hoover and the Constitution, in The Presidents and the Constitution: A Living History (Ken Gormley ed., New York University Press, 2016)

2016-2020

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CHRISTOPHER J. BORGEN

Professor of Law Co-Director of the Center for International and Comparative Law J.D., New York University Law School A.B., Harvard College

Before and After Crimea: International Law and Power Politics in Eurasia (Oxford University Press, forthcoming 2021)

Contested Territory, in The Oxford Handbook on International Law and Security (Oxford University Press, forthcoming 2020) Non-State Actors and Space Operations, in The Law of Armed Conflict in 2040 (Oxford University Press, forthcoming 2020) Conflict Management and the Political Economy of Recognition, in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare (Oxford University Press, 2018) Moldova Between Scylla and Charybdis: The Role of Law in Navigating Between Complex Crises, in 59 German Yearbook of International Law (Duncker and Humblot, 2017)

Professor Borgen’s research considers how international law concerning statehood, sovereignty, and self-determination affects conflict resolution and, conversely, how the strategic interests of states affect those states’ interpretation of these areas of international law. His forthcoming book, BEFORE AND AFTER CRIMEA: INTERNATIONAL LAW AND POWER POLITICS IN EURASIA (Oxford University Press, forthcoming 2021), explores various aspects of these issues.

Professor Borgen is also Co-Rapporteur of the International Law Association’s Committee on Recognition and Non-recognition under International Law.

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

ROBIN A. BOYLE LAISURE

Professor of Legal Writing J.D., Fordham University School of Law B.A., Vassar College

Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis and Writing Skills (Carolina Academic Press, 2019) (with Christine Coughlin & Sandy Patrick) Employing Trafficking Laws to Capture Elusive Leaders of Destructive Cults, 17 Or. Rev. Int’l L. 205 (2016) reprinted in 9 Int’l J. Cultic Stud. 1 (2018) Human Trafficking and Cults, in Human Trafficking: Emerging Legal Issues and Applications (Lawyers & Judges Publishing Co., Nora M. Cronin & Kimberly A. Ellis eds., 2017) Staying Safe; Observing Warning Signs of a Dangerous Liaison, 8(3) ICSA Today 6 (2017) (with Andrea Laisure)

ROSA CASTELLO

Associate Professor of Legal Writing Assistant Faculty Director, Ronald H. Brown Center for Civil Rights B.A., Boston University M.S.N. M.G.H., Institute of Health Professions J.D., St. John’s University School of Law

Incorporating Social Justice into the Law School Curriculum with a Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 2 (Winter 2017)

2016-2020

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

EDWARD D. CAVANAGH

Professor of Law LL.M., J.S.D., Columbia University J.D., Cornell University A.B., University of Notre Dame

Offensive Non-Mutual Issue Preclusion Revisited, 39 The Rev. Litig. (forthcoming 2019) Matsushita at Thirty: Has the Pendulum Swung Too Far in Favor of Summary Judgment?, 82 Antitrust L.J. 81 (2018) Mandating Rule 11 Sanctions? Here We Go Again!, 74 Wash. & Lee L. Rev. Online 31 (2017) Whatever Happened to Quick Look?, 28 U. Miami Bus. L. Rev. 39 (2017) The Jury Trial in Antitrust Cases: An Anachronism?, 40 Am. J. Trial Advoc. 1 (2016) General Jurisdiction 2.0: The Updating and Uprooting of the Corporate Presence Doctrine, 68 Maine L. Rev. 288 (2016)

LARRY CUNNINGHAM

Professor of Legal Writing Associate Dean for Assessment and Institutional Effectiveness Director, Center for Trial and Appellate Advocacy J.D., Georgetown University Law Center (magna cum laude) B.S., John Jay College of Criminal Justice (summa cum laude)

Building a Culture of Assessment in Law Schools, 69 Case W. Res. L. Rev. 395Â (2018)

2016-2020

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MARC O. DEGIROLAMI

Professor of Law Associate Director, Center for Law and Religion A.B., Duke University M.A., Harvard University J.D., Boston University School of Law LL.M., J.S.D., Columbia University School of Law

First Amendment Traditionalism, 93 Wash. U. L. Rev. (forthcoming 2020) The Traditions of American Constitutional Law, 95 Notre Dame L. Rev. (forthcoming 2020) The Two Separations, in The Cambridge Companion to the First Amendment and Religious Liberty (Michael Breidenbach & Owen Anderson eds., Cambridge University Press, 2018) On the Uses of Anti-Christian Identity Politics, in Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William Eskridge & Robin Fretwell Wilson eds., Cambridge University Press 2018) The Limits of Phenomenological and Experiential Ecumenism, 32 J. L. & Religion 501 (2017) Religious Accommodation, Religious Tradition, and Political Polarization, 20 Lewis & Clark L. Rev. 1127 (2017) Virtue, Freedom, and the First Amendment, 91 Notre Dame L. Rev. 1465 (2016) Free Exercise by Moonlight, 53 San Diego L. Rev. 105 (2016) Substantial Burdens Imply Central Beliefs, 2016 Ill. L. Rev. Online 19 On Expressivism and Retributivism in Wolterstorff’s ‘The Mighty and the Almighty,’ 4 J. Analytic Theology 395 (2016) Justice David Josiah Brewer; Justice Antonin Scalia, in Encyclopedia of Christianity in the United States (George Thomas Kurian and Mark Lamport eds., Rowman & Littlefield, 2016) The Bloating of the Constitution: Equality and the U.S. Establishment Clause, in the Social Equality of Religion or Belief (Alan Carling ed., Palgrave Macmillan, 2016)

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VINCENT M. DILORENZO

Professor of Law Senior Research Fellow for the Vincentian Center for Church and Society J.D., Columbia University Law School

Fintech Lending: A Study of Expectations versus Market Outcomes, 38 Rev. Banking & Fin. L. (forthcoming 2019) Corporate Wrongdoing: Interactions of Legal Mandates and Corporate Culture, 36 Rev. Banking & Fin. L. 207 (2016) New York Condominium and Cooperative Law (Thomson/West, 2d ed. 2016)

CATHERINE BAYLIN DURYEA

Assistant Professor of Law SJ.D., Stanford Law School M.A., The American University in Cairo B.A., Stanford University

The Universality of Human Rights: NGO Practices in the Arab World, in History of Human Rights 337 (Jean Quataert & Lora Wildenthal eds., 2020) Human Rights in the Middle East: Global Norms and Regional Particularities, Regional Security in the Middle East: Sectors, Variables and Issues 217 (Bettina Koch & Yannis Stivachtis eds., 2019)

Professor DeGirolami’s scholarship focuses on the law and politics of the First Amendment and historical studies in constitutional and criminal law.

He is working on two book projects: an account of the relationship of tradition and American law, and an intellectual history of Chief Justice John Marshall. He is co-leader with Professor Mark Movsesian of the Tradition Project, a multi-year research initiative exploring the value of tradition for contemporary citizens and the relationship of tradition and change in today’s world.

2016-2020

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

SHELDON A. EVANS

Assistant Professor of Law J.D., University of Chicago Law School B.A., University of South California (cum laude)

Punishing Criminals for their Conduct: A Return to Reason for the Armed Career Criminal Act, 70 Okla. L. Rev. 623 (2018)

ELAYNE E. GREENBERG

Professor of Legal Practice Assistant Dean of Dispute Resolution Programs Director, Hugh L. Carey Center for Dispute Resolution J.D., Touro College Jacob D. Fuchsberg Law Center (magna cum laude) Ed. Admin. Cert., Hofstra University M.S., Brooklyn College B.A., Brooklyn College

Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders, 51 Ariz. St. L. Rev. 131 (2019) Because ‘Yes’ Actually Means ‘No’: A Personalized Prescriptive to Reactualize Informed Consent in Dispute Resolution, 101 Marq. L. Rev. 197 (2018) The Role of ADR in Preparing and Trying the Civil Lawsuit, in Preparing and Trying the Civil Lawsuit (New York State Bar Association, 2018) Bridging Our Justice Gap with Empathic Processes that Change Hearts, Expand Minds about Implicit Discrimination, 32 Ohio St. J. Disp. Resol.

441 (2017) What They Really Want: Bring Objective Evaluations into Mediation, in Bankruptcy Mediation (American Bankruptcy Institute, 2016)

2016-2020

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

LAWRENCE JOSEPH

Tinnelly Professor of Law J.D., University of Michigan Law School M.A., Magdalene College, Cambridge University B.A., University of Michigan

In the Language of Poetry, in the Language of Law: Essays and Other Prose (University of Michigan Press, forthcoming 2020) A Certain Clarity: Selected Poems (Farrar, Straus & Giroux, forthcoming 2020) Addressing Christian Catholic Social Ethics and Morality in Poetry, 40 J. Soc’y Christ. Ethics (forthcoming 2020) So Where Are We? (Farrar, Straus & Giroux, 2017) Wallace Stevens and the Law, in Wallace Stevens in Context (Glen MacLeod ed., Cambridge University Press, 2017) Through Narrative and By Metaphor: Creating a Lawyer-Self in Poetry and Prose, in Narrative and Metaphor in the Law (Robert Weisberg & Michael Hanne eds., Cambridge University Press, 2017)

2016-2020

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KATE KLONICK

Assistant Professor of Law Ph.D., Yale Law School J.D., Georgetown University Law Center A.B., Brown University

Creating Global Governance for Online Speech: The Development of Facebook’s Oversight Board, 129 Yale L.J. (forthcoming 2020) Facebook v. Sullivan: Building Constitutional Law for Online Speech, 93 S. Cal. L. Rev. (forthcoming 2020) (with Thomas Kadri) Facebook v. Sullivan, Knight First Amend. Inst., Emerging Threat Series (Oct. 2018) The New Governors: The People, Rules, and Processes Governing Online Speech, 131 Harv. L. Rev. 1598 (2018)

Professor Klonick’s research centers on law and technology, specifically the development of private governance in the areas of online speech.

Her most recent article, Inventing Global Governance for Online Speech: The Development of Facebook’s Oversight Board, 129 YALE L.J. (forthcoming 2020), documents through weeks of embedded research the process through which Facebook has worked to create an independent, external, oversight board to hear user appeals on removed content and advise on platform policy. Another recent article, Facebook v. Sullivan: Public Figures and Newsworthiness in Online Speech, 93 S. CAL. L. REV. (forthcoming 2019) uses similar qualitative data gathering to compare Facebook’s rules excepting takedown of speech from public figures or because of newsworthiness to the development of that doctrine in U.S. tort and First Amendment law. Both articles draw from work done in her previous article, The New Governors: The People, Rules, and Processes Governing Online Speech, 131 HARV. L. REV. 1598 (2018), which provided the first analysis based on empirical evidence of how three major online platforms—Facebook, Twitter, and YouTube—developed private systems of governance to moderate online speech under a regulatory and First Amendment framework.

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

2016-2020

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ANITA S. KRISHNAKUMAR

Mary C. Daly Professor of Law Associate Dean for Faculty Scholarship J.D., Yale Law School A.B., Stanford University (with distinction)

Backdoor Purposivism, 69 Duke L.J. (forthcoming 2020) Passive Avoidance, 71 Stan. L. Rev. 513 (2019) The Canon Wars, 97 Tex. L. Rev. 163 (2019) (reviewing William N. Eskridge, JR., Interpreting Law: A Primer on How to Read Statutes and the Constitution (2016)) (with Victoria F. Nourse) Textualism and Statutory Precedents, 103 Va. L. Rev. 157 (2018) How Long Is History’s Shadow?, 127 Yale L.J. 880 (2018) (reviewing Josh Chafetz, Congress’s Constitution (2017)) Reconsidering Substantive Canons, 84 U. Chi. L. Rev. 825 (2017) Dueling Canons, 65 Duke L.J. 909 (2016) The Sherlock Holmes Canon, 84 Geo. Wash. L. Rev. 1 (2016)

Professor Krishnakumar’s scholarship focuses on statutory interpretation and the legislative process, and she is an expert on Congress and the statutory jurisprudence of the Roberts Court. Her most recent article, Backdoor Purposivism, 69 DUKE L.J. (forthcoming 2020), describes the role of purposive analysis in statutory interpretation cases decided by the modern Roberts Court, arguing both that traditional purposivism is alive and well among the Court’s non-textualist Justices and that the Court’s textualist Justices quietly have been engaging in a form of purposive analysis that has gone largely unnoticed.

Another recent article, Passive Avoidance, 71 STAN. L. REV. 513 (2019), illuminates an underappreciated shift in the Roberts Court’s approach to the canon of constitutional avoidance. The Article argues that in recent years the Roberts Court has adopted a “passive” rather than aggressive form of avoidance, in which it effectively avoids deciding controversial, unresolved constitutional questions—but without invoking avoidance and without openly admitting to rewriting or straining the statute’s text.

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

MARGARET E. MCGUINNESS

Professor of Law Co-Director of the Center for International and Comparative Law Director, LL.M. in Transnational Legal Practice J.D., Stanford Law School B.A., American University

Research Handbook on Law and Diplomacy (Edward Alger, forthcoming 2020) (co-edited with David Stewart) Global Lawyering Skills: An Experiential Course (Aspen Kluwer, forthcoming 2020) Non-Recognition and State Immunities: Toward a Functional Theory, in Unrecognized Subjects In International Law (Scholar Publishing House, Czapliñski & Kleczkowska eds., Warsaw 2019) Paying Lip Service to Human Rights: Presidential Human Rights Talk, 57 Washburn L. Rev. 471 (2017) Treaties, Federalism, and the Contested Legacy of Missouri v. Holland, in American Treaty Practice (Dubinsky, Fox, and Roth eds., Cambridge University Press, 2017) American Legal Education, Skills Training, and Transnational Legal Practice: Combining Dao and Shu for the Global Practitioner, 8 Tsinghua China L. Rev. 125 (2016) (with Michael Simons)

Professor McGuinness’s scholarship focuses on the international law practice of the United States and U.S. engagement with international human rights. Her most recent book chapter, Non-Recognition and State Immunities: Toward a Functional Theory, in UNRECOGNIZED SUBJECTS IN INTERNATIONAL LAW (Scholar Publishing House, Czapliñski & Kleczkowska eds., 2019) examines state practice, including the practice of U.S. courts, with regard to judicial grants of immunity to non-recognized entities. Another recent book chapter, Treaties, Federalism, and the Contested Legacy of Missouri v. Holland, in SUPREME LAW OF THE LAND?: DEBATING THE CONTEMPORARY EFFECTS OF TREATIES WITHIN THE UNITED STATES LEGAL SYSTEM (Cambridge Univ. Press, Fox, Dubinsky, Roth eds., 2018), examines the effects of federalism on the making and enforcement of treaties in the United States. The chapter argues that while federalism has restrained the behavior of the political branches with regard to treaty making and implementation, federalism’s effect on treaty practice tends to strengthen, rather than weaken, democratic governance in international law making.

2016-2020

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

PATRICIA GRANDE MONTANA

Professor of Legal Writing Director, Street Law Program J.D., Georgetown University Law Center B.A., Wellesley College

Live and Learn: Live Critiquing and Student Learning, 27 Perspectives: Teaching Legal Res. & Writing 22 (2019) Watch or Report? Livestream or Help? Good Samaritan Laws Revisited: The Need To Create a Duty to Report, 66 Clev. St. L. Rev. 533 (2018) Bridging the Reading Gap in the Law School Classroom, 45 Cap. U. L. Rev. 433 (2017) A Contemporary Model for Using Teaching Assistants in Legal Writing Programs, 42 Mitchell Hamline L. Rev. 185 (2016)

MARK L. MOVSESIAN

Frederick A. Whitney Professor of Contract Law Director, Center for Law and Religion J.D., Harvard Law School A.B., Harvard College

Masterpiece Cakeshop and the Future of Religious Freedom, 42 Harv. J. L. & Pub. Pol’y 711 (2019) The Limits of Doux Commerce, 9 Wm. & Mary Bus. L. Rev. 449 (2018) Of Human Dignities, 91 Notre Dame L. Rev. 1517 (2016)

2016-2020

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MICHAEL A. PERINO

Dean George W. Matheson Professor of Law Associate Academic Dean LL.M., Columbia Law School J.D., Boston College Law School B.A., Rutgers University

The Lost History of Insider Trading, 2019 U. Ill. L. Rev. 951 (2019) Charles Mitchell, in American National Biography (Oxford University Press, 2017) Crisis, Scandal and Financial Reform During the New Deal, in The Oxford Handbook of the New Deal (Oxford University Press, 2017)

Professor Perino’s scholarship examines securities laws through both empirical and historical lenses. His article, The Lost History of Insider Trading, 2019 U. ILL. L. REV. 951 (2019), challenges common conceptions about the history of insider trading norms in the United States. Specifically, the article demonstrates that the conventional wisdom that SEC enforcement efforts in the early 1960s swayed public opinion to condemn what had previously been considered a natural and unobjectionable market feature is inaccurate and incomplete. Rather, the shift in insider trading norms began earlier than has previously been supposed and substantially preceded governmental enforcement efforts. Professor Perino is also engaged in a long-term empirical project that examines insider trading enforcement in civil, criminal, and administrative actions.

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

2016-2020

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ANNA ROBERTS

Professor of Law J.D., New York University School of Law (magna cum laude) M.A., University of Cambridge B.A., University of Cambridge (Starred 1st with Distinction)

Convictions as Guilt, 88 Fordham L. Rev. (forthcoming 2020) Arrests as Guilt, 60 Ala. L. Rev. 987 (2019) LEAD Us Not into Temptation: A Response to Barbara Fedders’s “Opioid Policing,” 94 Ind. L.J. Supp. 91 (forthcoming 2019) Jurors’ Reactions to Implicit Biases: Are Informational Interventions Effective?, in Criminal Juries in the 21st Century: Psychological Science and the Law (Cynthia Najdowski & Margaret Stevenson eds., Oxford University Press, 2018) Book Review, The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries, 132 Pol. Sci. Q. 179 (2018) Dismissals as Justice, 69 Ala. L. Rev. 327 (2017) Reclaiming the Importance of the Defendant’s Testimony: Prior Conviction Impeachment and the Fight Against Implicit Stereotyping, 83 U. Chi. L. Rev. 835 (2016) Conviction by Prior Impeachment, 96 B.U. L. Rev. 1977 (2016)

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

Professor Roberts’ scholarship focuses on assumptions and stereotypes that contribute to, and are fueled by, criminal records. Her most recent article, Convictions as Guilt, 88 FORDHAM L. REV. (forthcoming 2020), identifies a disconnect between the processes that frequently lead up to convictions and the weight and meaning that legal scholars often appear to give to those convictions. The article points out first that legal scholarship has laid bare facets of the criminal process that jeopardize the extent to which convictions track actual crime commission: the pressure to plead guilty, for example, and the substandard provision of defense counsel; it then contrasts the pervasive influence of these facets with the apparent tendency of much legal scholarship, once a conviction is imposed, to assume that the person with the conviction committed the crime in question. Her earlier article, Arrests as Guilt, 60 ALA. L. REV. 987 (2019), examined the widespread tendency to treat arrest and guilt—concepts that are factually and legally distinct—as rough equivalents. The article argued that efforts at criminal justice reform, whether focused on prosecution or defense, police or bail, require a robust understanding of the differences between arrest and guilt; if they run counter to an implicit fusion of the two, they will inevitably falter.

2016-2020

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ROSEMARY C. SALOMONE

Kenneth Wang Professor of Law LL.M., Columbia Law School J.D., Brooklyn Law School Ph.D., Columbia University M.Phil., Columbia University M.A., Hunter College B.A, Brooklyn College

The Rise of English (Oxford University Press, forthcoming 2019) The Rise of Global English: Challenges for English-Medium Instruction and Language Rights, reprinted in Le plurilinguisme, le pluriculturalisme, et l’anglais dans la mondalisation (Francoise Le Lievre, Peter Lang eds., 2018)

Professor Salomone’s scholarship broadly examines equal educational opportunity, minority rights, and governance from an international perspective. Her earlier books, TRUE AMERICAN: LANGUAGE, IDENTITY, AND THE EDUCATION OF IMMIGRANT CHILDREN (Harvard University Press, 2010) and VISIONS OF SCHOOLING: CONSCIENCE, COMMUNITY, AND COMMON EDUCATION (Yale University Press, 2000), focus on religion and parental rights, gender equality, and the rights of linguistic minorities.

Her current book project with Oxford University Press looks at English as the dominant lingua franca worldwide and its effects on educational access, freedom of expression, institutional autonomy, and economic mobility in Western Europe, the global South, and the United States.

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

KEITH SHARFMAN

Professor of Law B.A., Johns Hopkins J.D., University of Chicago

Economic Analysis of Jewish Law, 35 Touro L. Rev. (forthcoming 2020) Will Aruba Finish Off Appraisal Arbitrage and End Windfalls for Deal Dissenters? We Hope So, Harv. L. Sch. F. on Corp. Governance & Fin. Reg. (2019) (with William J. Carney) The Death of Appraisal Arbitrage: Ending Windfalls for Deal Dissenters, 43 Del. J. Corp. L. 61 (2018) (with William J. Carney) Valuation Issues in Bankruptcy Cases, in Bloomberg Law Bankruptcy Treatise (D. Michael Lynn et al eds. 2018)

2016-2020

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JEREMY N. SHEFF

Professor of Law Director, Intellectual Property Law Center J.D., Harvard Law School B.A., Columbia University

Valuing Progress: A Pluralist Approach to Knowledge Governance (Cambridge University Press, forthcoming 2020)

I Choose, You Decide: Structural Tools for Supreme Court Legitimation, 50 Seton Hall L. Rev. (forthcoming 2020) Intellectual Property Law and Philosophy, in Approaches and Methodologies, in Intellectual Property Research (Irene Calboli & Lilla’ Montagnani eds., Oxford University Press, forthcoming 2020) University Brands as Geographical Indications, in Academic Brands: Privatizing, Quantifying, Reforming and Transforming The University (Mario Biagioli & Madhavi Sunder eds., forthcoming 2020) Finding Dilution, in Trademark Law and Theory: Reform of Trademark Law (Graeme Dinwoodie & Mark Janis eds., Edward Elgar Press, forthcoming 2020) Legal Sets, 40 Cardozo L. Rev. 2029 (2019)

Scope & Justification of the Right of Publicity, 42 Colum. J.L. & Arts 333 (2019) Misappropriation-Based Trademark Liability in Comparative Perspective, in Cambridge Handbook on International and Comparative Trademark Law (Jane Ginsburg & Irene Calboli eds., Cambridge University Press, forthcoming 2019)

Brand Renegades Redux, 59 IDEA: J. Franklin Pierce Cntr. Intell.

Prop. 293 (2018) The Japan Trademarks Dataset: A First Analysis, Inst. of Intell. Prop.

[Japan] (2017) Values, Questions, and Methods in Intellectual Property: Symposium Introduction, 90 St. John’s L. Rev. 549 (2016) Open Source Property: A Free Casebook (with Stephen Clowney, James Grimmelmann, Michael Grynberg & Rebecca Tushnet, www. opensourceproperty.org, 2016)

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Professor Sheff’s recent article, Legal Sets, 40 CARDOZO L. REV. 2029 (2019), investigates the logical structure of legal systems using the tools of set theory. His forthcoming book, VALUING PROGRESS: A PLURALIST APPROACH TO KNOWLEDGE GOVERNANCE (Cambridge University Press, forthcoming 2020), explores how we collectively use social institutions—especially legal institutions—to generate and distribute new knowledge, as well as how we justify those institutions. Individual chapters will discuss the incommensurability of values at stake in knowledge governance, the relevance of luck and agency to our weighing of those values, the widening of our moral concern regarding the burdens and benefits of knowledge creation to encompass socially remote persons, and the role of value pluralism in shaping political institutions and ethical norms to reconcile these values when they inevitably conflict.

2016-2020

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

MICHAEL A. SIMONS

Dean John V. Brennan Professor of Law and Ethics J.D., Harvard College (magna cum laude) B.A., College of the Holy Cross (magna cum laude)

American Legal Education, Skills Training, and Transnational Legal Practice: Combining Dao and Shu for the Global Practitioner, 8 Tsinghua China L. Rev. 125 (2016) (with Margaret McGuinness)

RACHEL H. SMITH

Associate Dean for Experiential & Skills-Based Education J.D., University of California at Berkeley B.A., University of California at Santa Cruz

The Handbook for the New Legal Writer (2d ed. 2019) (with Jill Barton) The Unparalleled Benefits of Teaching Parallelism, 32 The Second Draft 26 (2019) Book Review, The Legal Imagination: Studies in the Nature of Legal Thought and Expression, 18 Scribes J. Legal Writing 145 (2019) More Than Words, 14 Legal Comm. & Rhetoric 158 (2017) (reviewing Ruth Bader Ginsburg et al., My Own Words (2016)) Professor Smith’s newly revised legal writing textbook, THE HANDBOOK FOR THE NEW LEGAL WRITER (2d ed., 2019) (with Jill Barton), offers a modern approach to legal writing with updated examples from the cutting edge of legal expression. Her most recent review of the 45th anniversary edition of James Boyd White’s The Legal Imagination: Studies in the Nature of Legal Thought and Expression, 18 SCRIBES J. LEGAL WRITING 145 (2019), explores whether White’s lessons and language have withstood the intervening decades and her review of Justice Ruth Bader Ginsburg’s book, More Than Words, 14 LEGAL COMM & RHETORIC 159 (2017), contextualizes and appreaciates the Justice’s voice and legacy as a writer, lawyer and jurist. Professor Smith’s first book, THE LEGAL WRITING SURVIVAL GUIDE (Carolina Academic Press, 2011), offers a practical, real-world advice for law students and lawyers struggling with the most common legal writing problems.

2016-2020

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JEFF SOVERN

Professor of Law A.B., Columbia University J.D., Columbia University

Validation and Verification Vignettes: More Results from an Empirical Study of Consumer Understanding of Debt Collection Validation Notices, 71 Rutgers L. Rev. 189 (2019) (with Dr. Kate Walton & Nathan Frishberg) The Content Of Consumer Law III, 22 J. Consumer & Comm’l L. 2 (2018) Free-Market Failure: The Wells Fargo Arbitration Clause Example, 70 Rutgers L. Rev. 417 (2017) Are Validation Notices Valid? An Empirical Evaluation of Consumer Understanding of Debt Collection Validation Notices, 70 S.M.U. L. Rev. 63 (2017) (with Kate Walton) Consumer Law: Cases and Materials (West 5th ed. forthcoming 2020) (with Dee Pridgen & Christopher Peterson) Selected Consumer Statutes (West, forthcoming 2020) (with Dee Pridgen & Christopher Peterson)

Professor Sovern is an expert on consumer law and has written numerous law review articles and a casebook on the subject. His latest article, Validation and Verification Vignettes: More Results from an Empirical Study of Consumer Understanding of Debt Collection Validation Notices, 71 RUTGERS L. REV. 189 (2019) (with Dr. Kate Walton and Nathan Frishberg), continues his empirical work studying consumer understanding of the validation notice, a key consumer protection for Americans who have debts in collection.

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

EVA E. SUBOTNIK

Associate Professor of Law Faculty Director, Intellectual Property Law Center J.D., Columbia Law School B.A., Columbia University

Existential Copyright and Professional Photography, 95 Notre Dame L. Rev. (forthcoming 2020) (with Peter DiCola & Jessica Silbey) The Fine Art of Rummaging: Successors and the Life Cycle of Copyright, in The Research Handbook on Art and Law (Jani McCutcheon & Fiona McGaughey eds., Edward Alger, forthcoming 2020) Artistic Control After Death, 92 Wash. L. Rev. 253 (2017) The Author Was Not an Author: The Copyright Interests of Photographic Subjects from Wilde to Garcia, 39 Colum. J.L. & Arts 449 (2016)

Professor Subotnik’s scholarship focuses on issues of artistic intent that arise in the realm of copyright law and policy. Most recently, she has explored the intersection of two bodies of law—copyright and trusts and estates. Her article, Artistic Control After Death, 92 WASH. L. REV. 253 (2017), provides the first comprehensive look at the author as testator or trust settlor rather than merely as creator. She has also considered this intersection from the perspective of copyright successors in her book chapter, The Fine Art of Rummaging: Successors and the Life Cycle of Copyright, in THE RESEARCH HANDBOOK ON ART AND LAW (Jani McCutcheon & Fiona McGaughey eds., Edward Elgar, forthcoming 2020). Professor Subotnik also focuses on particular intellectual property issues relating to photography. Her article Existential Copyright and Professional Photography, 95 NOTRE DAME L. REV. (forthcoming 2020) (co-authored with Jessica Silbey & Peter DiCola), provides a first-of-its-kind empirical investigation into the evolving nature of photography as a professional and artistic endeavor in the digital age.

2016-2020

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MARGARET V. TURANO

Dean Harold F. McNiece Professor of Law J.D., Hofstra Law School M.A., St. John’s University B.A., SUNY Stony Brook

Practice Commentaries for McKinney’s Laws of New York: The Surrogate’s Court Procedure Act (2014-2018) Practice Commentaries for The Estates Powers and Trusts Law (20142018)

CHERYL L. WADE

Professor of Law LL.M., New York University Law School J.D., Northwestern University B.A., Emory University

Predatory Lending and the Destruction of the African American Dream (Cambridge University Press, forthcoming 2020) The (African) American Dream: The Impact of Big Business and Entrepreneurship on Upward Mobility (New York University Press, forthcoming 2020)

Race and the Corporation, in Critical Race Theory (Devon Carbado ed., Oxford University Press, forthcoming 2020) Corporate Compliance That Advances Racial Diversity and Justice and Why Business Deregulation Does Not Matter, 49 Loy. Univ. Chi. L.J. 101 (2018) Corporate Law, Governance and Purpose: A Tribute to the Scholarship of Lyman Johnson and David Millon, 74 Wash. & Lee L. Rev. 1187 (2017) Book Review, Challenging Boardroom Homogeneity, 53 Osgoode Hall L.J. 3 (2016) Corporate Lawyers and Diversity Discourse, IILP Rev. 2017 The State of Diversity Inclusion in the Legal Profession 124 (2017)

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ST. JOHN’S LAW FACULTY SCHOLARSHIP

G. RAY WARNER

Professor of Law LL.M., New York University Law School J.D., Northwestern University B.A., Emory University

Conflicting Norms: Impact of the Model Law on Chapter 11’s Global Restructuring Role, 29 Internat’l Insolv’y Rev. (forthcoming 2020) New York Revises UCC, But Creates Traps, N.Y. Comm’l. L. (Goldbook) (2018) Giving and Creating: The Legacy of Keith J. Shapiro, 34 Emory Bankr’y Dev. J. 3 (2017) Book Review, International Contributions to the Reform of Chapter 11 U.S. Bankruptcy Code, Eurofenix (Quarterly Journal of INSOL Europe, Spring 2016)

Professor Wade’s scholarship explores the many ways corporate governance matters intersect with social justice issues. Her forthcoming book, PREDATORY LENDING AND THE DESTRUCTION OF THE AFRICAN AMERICAN DREAM (Cambridge University Press, forthcoming 2020), coauthored with Dr. Janis Sarra, presents years of research on the foreclosure crisis and the history of the economic exploitation of African Americans. A recent book chapter titled, Critical Race Theory and the Corporation, in THE OXFORD HANDBOOK OF RACE AND LAW IN THE UNITED STATES (Oxford University Press, forthcoming, 2020) illustrates how race intersects with American law and corporate institutions. Professor Wade is also working on a book chapter to appear in FEMINIST JUDGMENTS: REWRITTEN CORPORATE LAW OPINIONS (Cambridge University Press, forthcoming 2021) that will reimagine corporate law using feminist methods and feminist legal theory.

2016-2020

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With fewer than 30 tenured and tenure-track faculty, in the past three years St. John’s produced 136 publications, including 25 articles in top-40 law reviews and 11 books in leading academic and trade presses.

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