Below is a list of January’s citations to the New York Law School Law Review. A total of twenty-four pieces, including an article by Professor Jonakait, an article by Professor Kostant, and three student notes were cited during the period.
Nkechi Taifa, Civil Forfeiture vs. Civil Liberties, 39 N.Y.L. Sch. L. Rev. 95 (1994) was cited in Margaret H. Lemos & Max Minzner, For-Profit Public Enforcement, 127 Harv. L. Rev. 853 (2014).
Suzette M. Malveaux, The Jury (or More Accurately the Judge) Is Still Out for Civil Rights and Employment Cases Post-Iqbal, 57 N.Y.L. Sch. L. Rev. 719 (2013) was cited in Kiel Brennan-Marquez, The Epistemology of Twombly and Iqbal, 26 Regent U. L. Rev. 167 (2013–2014).
Peter S. Menell, Envisioning Copyright Law’s Digital Future, 46 N.Y.L. Sch. L. Rev. 63 (2002–2003) was cited in Brad A. Greenberg, Copyright Trolls and Presumptively Fair Uses, 85 U. Colo. L. Rev. 53 (2014).
*Peter C. Kostant, From Lapdog to Watchdog: Sarbanes-Oxley Section 307 and a New Role for Corporate Lawyers, 52 N.Y.L. Sch. L. Rev. 536 (2007–2008) was cited in Michele DeStefano, Creating a Culture of Compliance: Why Departmentalization May Not be the Answer, 10 Hastings Bus. L. J. 71 (2014).
Gregory P. Joseph, A Simplified Approach to Computer-Generated Evidence and Animations, 43 N.Y.L. Sch. L. Rev. 875 (1999–2000) was cited in Manual for Complex Litigation, Dep’t of Just. Manual Comment. § 4.5.000 (2014).
Michael D. Blechman, Conscious Parallelism, Signaling and Facilitating Devices: The Problem of Tacit Collusion Under the Antitrust Laws, 24 N.Y.L. Sch. L. Rev. 881 (1979) was cited in Kiel Brennan-Marquez, The Epistemology of Twombly and Iqbal, 26 Regent U. L. Rev. 167 (2013–2014).
Scott D. Woller, Rombach v. Chang: To 9(b) or Not to 9(b), 49 N.Y.L. Sch. L. Rev. 809 (2004) was cited in Thomas Lee Hazen, Remedies for Violation of the Securities Act of 1933 (And Other Consequences of Deficient Registration Statements), 2 Law Sec. Reg. § 7:3 (2014).
*Timothy S. Feltham, Note, Tortious Interference with Contractual Relations: The Texaco Inc. v. Pennzoil Co. Litigation, 33 N.Y.L. Sch. L. Rev. 111 (1988) was cited in Joseph W. Bartlett, Term Sheets and Agreements in Principle, Equity Fin. § 16.8 (2014).
Robert J. Firestone, Does a Commuter’s Choice of Where to Reside Implicate the Dormant Commerce Clause?, 49 N.Y.L. Sch. L. Rev. 943 (2004–2005) was cited in Brannon P. Denning, The Privileges and Immunities Clause of Article IV, Bittker on Regulation Interstate & Foreign Commerce § 6.09[A] (2014).
*Randolph Jonakait, A Double Due Process Denial: The Crime of Providing Material Support or Resources to Designated Foreign Terrorist Organizations, 48 N.Y.L. Sch. L. Rev. 125 (2004) was cited in Laura Hunter Dietz, et al, Inadmissibility, Deportation, and Removal under IIRAIRA, 3B Am. Jur. 2d Aliens and Citizens §§ 1405, 1408, 1409 (2014).
James A. Albert, The Liability of the Press for Trespass and Invasion of Privacy in Gathering the News: A Call for the Recognition of a Newsgathering Tort Privilege, 45 N.Y.L. Sch. L. Rev. 331 (2002) was cited in Jack K Levin & Lucas Martin, § 76 Invalidation of Consent by Mistake, Misrepresentation or Duress, 75 Am. Jur. 2d Trespass § 76 (2014).
John R.B. Palmer, The Nature and Causes of the Immigration Surge in the Federal Courts of Appeals: A Preliminary Analysis, 51 N.Y.L. Sch. L. Rev. 13 (2006–2007) was cited in Thomas E. Baker, A Primer on the Jurisdiction of the U.S. Courts of Appeals, Dep’t of Just. Manual Comment. § 2-1.000 (2014).
Joseph B. Tulman & Douglas M. Weck, Shutting Off the School-to-Prison Pipeline for Status Offenders with Education-Related Disabilities, 54 N.Y.L. Sch. L. Rev. 875 (2010) was cited in Margaret Colgate Love et al, Collateral Consequences of Criminal Convictions: Law, Policy & Practice, COLLATC § 2:67 (2014).
*Mireille Dee, Note, Getting Back to the Fourth Amendment: Warrantless Cell Phone Searches, 56 N.Y.L. Sch. L. Rev. 1129 (2011–2012) was cited in Hon. James G. Carr & Patricia L. Bellia, Electronic Surveillance Without a Court Order, 1 Law of Electronic Surveillance § 3:23 (2014).
*Nicholas Kappas, Note, A Question of Materiality: Why the Securities and Exchange Commission’s Regulation Fair Disclosure is Unconstitutionally Vague, 45 N.Y.L. Sch. L. Rev. 651 (2002) was cited in Thomas Lee Hazen, Manipulation and Fraud: Civil Liability; Implied Private Remedies; SEC Rule 10b-5; Fraud in Connection with the Purchase or Sale of Securities; Improper Trading on Nonpublic Material Information, 4 Law Sec. Reg. § 12.19 (2014).
*Andrea J. Sessia, The Negative Consequences of Regulation FD on Capital Markets, 45 N.Y.L. Sch. L. Rev 651 (2002) was cited in Thomas Lee Hazen, Manipulation and Fraud: Civil Liability; Implied Private Remedies; SEC Rule 10b-5; Fraud in Connection with the Purchase or Sale of Securities; Improper Trading on Nonpublic Material Information, 4 Law Sec. Reg. § 12.19 (2014).
Celia R. Taylor, Carpe Crisis: Capitalizing On the Breakdown of Capitalism to Consider the Creation of Social Businesses, 54 N.Y.L. Sch. L. Rev. 743 (2009–2010) was cited in Jamie Hopkins, Low Profit Limited Liability Companies: High-Risk Tax Fad or Legitimate Social Investment Planning Opportunity?, 2014 Cardozo L. Rev. de novo 35 (2014).
Cameron Stracher, Eyes Tied Shut: Litigating for Access Under CIPA in the Government’s “War on Terror,” 48 N.Y.L. Sch. L. Rev. 173 (2003) was cited in Edward J. Imwinkelried, Possibility of “Graymail”, The New Wigmore: A Treatise on Evidence: Evidentiary Privileges § 8.5.2 (2014).
Kim Lane Scheppele, Just the Facts Ma’am: Sexualized Violence, Evidentiary Habits, and the Revision of Truth, 37 N.Y.L. Sch. L. Rev. 123 (1992) was cited in Roger Park & Tom Lininger, Inconsistent Statements as Substantive Evidence, The New Wigmore: A Treatise on Evidence: Impeachment and rehabilitation § 5.5 (2014).
Francis R. Hill, Corporate Philanthropy and Campaign Finance: Exempt Organizations as Corporate-Candidate Conduits, 41 N.Y.L. Sch. L. Rev. 881 (1997) was cited in Introduction, Tax’n Exempt Org. ¶ 18.01 (2013).
Alan R. Palmiter, Duty of Obedience: The Forgotten Duty, 55 N.Y.L. Sch. L. Rev. 457 (2010–2011) was cited in Salar Ghahramani, Fiduciary Duty and the Ex Officio Conundrum in Corporate Governance: The Troublesome Murkiness of the Gubernatorial Trustee’s Obligations, 10 Hastings Bus. L.J. 1 (2014).
Jim Pope, Next Wave Organizing and the Shift to a New Paradigm of Labor Law, 50 N.Y.L. Sch. L. Rev. 515 (2005–2006) was cited in Ken Matheny, The Disappearance of Labor Unions and the Social Encyclicals of Popes John Paul II and Benedict XVI, 23 S. Cal. Interdisc. L.J. 1 (2014).
Dana Lai, Extending the Fraud-on-the-Market Presumption Beyond Basic: A Case of Poor Analogies and Over-Eager Courts, 55 N.Y.L. Sch. L. Rev. 1121 (2010–2011) was cited in Thomas Lee Hazen, Reliance in Rule 10b-5 Actions; Fraud on the Market, 4 Law Sec. Reg. § 12.10 (2014).
Symposium, Mutual Fund Regulation in the Next Millennium, 44 N.Y.L. Sch. L. Rev. 428 (2001) was cited in Thomas Lee Hazen, The Investment Company Act of 1940: Background and Scope, 6 Law Sec. Reg. § 20.1 (2014).