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Highlighting Student Scholarship: Notes & Comments Issue

Breaking “Too Darn Bad”: Restoring the Balance Between Freedom of Contract and Consumer Protection by Stephanie Drotar, 14, Associate, O’Melveny & Myers, LLP

In a 1943 Columbia Law Review article, legal scholar Friedrich Kessler addressed freedom of contract—a bastion of contract law that justifies both treating contracts as exclusively “private affair[s]” and limiting courts to interpreting, not creating, contractual terms.  Kessler posited that, when an individual contracts with a largescale enterprise, freedom of contract is an illusion because the parties’ vastly unequal bargaining power allows the enterprise to impose contractual terms on the individual…Read more

The Least “Constructive” Provisions?: Analyzing the Bankruptcy Code’s Codified Canons  by Asher Hawkins ’14, Appellate Court Attorney, New York Supreme Court, Appellate Division, Third Judicial Department

For Anthony Phillips of Elmont, New York, the 2010s had gotten off to a rocky start. On the morning of August 11, 2010, Phillips was driving his Chevrolet along a roadway in Hempstead, New York, when he was involved in a crash with another vehicle. On June 5, 2011, Phillips was driving on the east side of Manhattan, near the entrance to the Queensboro Bridge, when he was involved in another car accident—this time with a taxi cab…Read more

An “IDEA” to Consider: Adopting a Uniform Test to Evaluate Compliance with the IDEA’s Least Restrictive Environment Mandate by Sarah Prager ’14, Assistant Corporation Counsel, New York City Law Department

The Individuals with Disabilities Education Act (IDEA) is a federal spending program that assists school districts in educating disabled children.  To receive federal funds, school districts must provide disabled children with a “free appropriate public education” in the “least restrictive environment.”…Read more

Paying the Piper: The Cost of Compliance with the Federal Sex Offender Registration and Notification Act by Jennifer N. Wang ’14, Associate, Paul, Weiss, Rifkind, Wharton & Garrison, LLP

Eleven days into trial, former New York Governor George E. Pataki was on the witness stand. At 6 feet, 5 inches, Pataki—even while seated—exuded an impressive presence that was felt by the courtroom’s attentive listeners. Pataki’s lawyer, Abbe Lowell, prompted his client to describe a “personal incident” to the jury…Read more

Minding the Gap: A Call for Standardizing Pre-dispute Arbitration Clauses in OTC Derivative Transactions by Zachary E. Davison ’14, Associate, Dorsey & Whitney LLP

Wall Street quakes and the financial markets tremble when disgruntled investors reeling from deals gone bad threaten class action litigation against financial giants like JPMorgan Chase.  These resonating fears are not unfounded; class action suits remain prevalent in banking litigation and are expected to proliferate in the years to come…Read more

A Due Process Balancing Act: The United States’ Influence on the U.N. al-Qaeda Sanctions Regime by William Bartholomew ’14

One of the most significant challenges the United States faces in stemming the threat posed by global terrorist organizations is reconciling its avowed commitment to preserving and promoting civil liberties with its resort to deeply destructive and intrusive tools to combat that threat…Read more

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Law Review Diversity Report

In 2011, 2012 and 2013, the New York Law School Law Review published its law review diversity reports examining female and minority student representation among law review membership and leadership nationwide. The reports are based on research conducted in collaboration with Ms. JD and include results based on surveys of the flagship, general interest law review or journal at ABA-approved law schools. More information is available here.