NYU Annual Survey of American Law

NYU Annual Survey of American Law Founded in 1942, the New York University Annual Survey of American Law is a student-edited journal at New York University School of Law.

Marian Wright Edelman Dedication
03/28/2019

Marian Wright Edelman Dedication

Please check out our recently published Q&A with Matthew Wiener, former Annual Survey editor, where he discusses the inf...
03/27/2019

Please check out our recently published Q&A with Matthew Wiener, former Annual Survey editor, where he discusses the influence of NYU Law Professors Marcel Kahan & Troy Paredes on his upcoming note. https://bit.ly/2FIQD2P

02/11/2019

The Annual Survey's Board of Editors is pleased to announce our members for the incoming board, which will officially assume its duties on April 1. We had an unbelievably strong group of candidates this year, and the current board is looking forward to the many achievements of the incoming board next year. Congratulations to you all!

Editor-in-Chief: Sander Saba
Managing Editor for Development: Kathleen Lewis
Managing Editor for Solicitations: Sidney Moskowitz
Managing Editor for Production: Kasi Wautlet
Managing Editor for Post-Production: Yianni Tsesmelis
Managing Editor for Operations: Katherine Chernova
Development Editors: Joey Baruh, Aaron Mattis, Kelly Nabaglo
Notes Editors: Audrey Crabtree-Hannigan, Jonathan Jaffe, Alyssa Waaramaa
Executive Articles Editors: Sasha Kawakami, Dino Ilievski, Karen Luo, Jessica Rubin, Lili Samios, Princess Umodu
Senior Articles Editors: Anne Coventry, Trent Pacer, Eric Padilla
Online Editor: Joseph Shui
Inclusivity Editor: Karen Luo

RSVP to the dedication of the 76th volume of the NYU Annual Survey of American Law to Marian Wright Edelman on Tuesday, ...
02/01/2019

RSVP to the dedication of the 76th volume of the NYU Annual Survey of American Law to Marian Wright Edelman on Tuesday, February 26th! https://bit.ly/2t0M1Pk

03/26/2018
annualsurveyofamericanlaw.org

Today is the day! Please join us for this year’s Symposium - Sentencing Reform from the Bench: The Emerging Role of District Court Judges. We will have an exciting panel discussion on how trial judges use their unique position to change sentencing practices.

The event will be held TODAY, Monday, March 26, 2 - 4 PM in Greenberg Lounge at NYU School of Law. For more information & to register, click here.

https://annualsurveyofamericanlaw.org/2018/03/19/sentencing-reform-from-the-bench-the-emerging-role-of-district-court-judges/

Please join us for this year's Symposium - Sentencing Reform from the Bench: The Emerging Role of District Court Judges....
03/19/2018
annualsurveyofamericanlaw.org

Please join us for this year's Symposium - Sentencing Reform from the Bench: The Emerging Role of District Court Judges. We will have an exciting panel discussion on how trial judges use their unique position to change sentencing practices.

The event will be held on Monday, March 26, 2 - 4 PM in Greenberg Lounge at NYU School of Law. For more information & to register, click here.

Read Jessica A. Roth's article, up on ASAL's website! Professor Roth analyzes the traditional “decisional” activitie...
03/15/2018
Volume 72, Issue 2

Read Jessica A. Roth's article, up on ASAL's website! Professor Roth analyzes the traditional “decisional” activities of an Article III judge and compares this to a “new” judicial activism adopted by certain federal district judges. These judges advocate for criminal justice reform across various platforms, such as journal articles, speeches, and opinion dicta. This paper explores the history of this activism and evaluates its current role in the judiciary, weighing both its potential benefits and possible risks.

Check it out here: http://bit.ly/2rJL14o

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 …

Happening now!
03/06/2018

Happening now!

03/05/2018

Congratulations to the new incoming Board of Annual Survey of American Law!

Editor-in-Chief: Kathryn Morris
Managing Editor of Development: Chase Weidner
Managing Editor for Solicitations: David Moosmann
Managing Editor of Production: Michael Freedman
Managing Editor of Post-Production: Daniel Blaze
Development Editors: Brian Gottlieb and Sam Seham
Notes Editors: Joseph Michael Levy and Marissa Kibler
Online Editor: Josh Pirutinsky
Executive Articles Editors: Suzanne Trivette, Alex Inman, Edwin Donovan Abundis, Natalie Gow, and Ally Kaleita
Senior Articles Editors: Isa Herrera, Amy Wann, and Katherine Coric
Inclusivity Editor: Ally Kaleita

A huge thank you to the outgoing Board for their hard work and dedication this past year!

Editor-in-Chief: Leonid Grinberg
Managing Editor of Development: Emily Fountain
Managing Editor of Production: Erik Bakke
Managing Editor of Post-Production: Katie Haines
Managing Editor for Solicitations: Nathalie Gorman
Development Editors: Aishlinn O'Callaghan and Raymond Habbaz
Notes Editors: Tony Cheng and Suchita Mandavilli
Online Editors: Eloise Rotenberg and Rachel Malhiet
Executive Articles Editors: Rachel Lieb, Jess Fuhrman, Amanda Boitano, Daniel Mueller, Nealofar Panjshiri, Stephen Rettger, and Dillon Westfall
Senior Articles Editors: Özgün Sak, Kevin Wu, and Sam Vitello

Happy Friday everyone!  For an interesting and informative read, check out the latest ASAL Forum Essay by ASAL's own, Ka...
02/16/2018
Section 1115 Waivers: Success for Medicaid in Michigan and Indiana

Happy Friday everyone! For an interesting and informative read, check out the latest ASAL Forum Essay by ASAL's own, Katie Haines! http://bit.ly/2C2jpfo

J.D. Candidate (2018) Kathryn Haines examines Michigan's and Indiana's employment of Section 1115 waivers to implement new models of Medicaid expansion. Haines compares and contrasts the states' different implementation strategies which have led to different success rates. Further, Indiana's strategy may provide insight into the future of Medicaid under the Trump Administration.

Kathryn A. Haines J.D. Candidate, New York University School of Law, 2018; Managing Editor of Post-Production, Annual Survey of American Law, 2017–2018; B.S., University of Southern Californi…

Check out Professor Lubben's "Sovereign Bankruptcy Hydraulics," a new essay up on ASAL Forum! http://bit.ly/2EErbu5 Prof...
02/05/2018

Check out Professor Lubben's "Sovereign Bankruptcy Hydraulics," a new essay up on ASAL Forum! http://bit.ly/2EErbu5

Professor Lubben observes that governmental entities with full sovereign immunity have no need for a bankruptcy process due to the protections inherent in their status. In so doing, he rejects Professor Skeel’s recommendation for a bankruptcy system for American states, doubts the IMF’s proposals, but ultimately upholds the idea of a municipal bankruptcy regime.

New year, new issue!  Check out Volume 2, Issue 2 on Annual Survey's website!  http://bit.ly/2rJL14o Note: Due to unfore...
01/27/2018
Volume 72, Issue 2

New year, new issue! Check out Volume 2, Issue 2 on Annual Survey's website! http://bit.ly/2rJL14o

Note: Due to unforeseen circumstances, Volume 73, Issue 1 was published ahead of Volume 72, Issue 2.

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 Digit…

Happy Thursday, ASAL followers!  Enjoy this lovely Chevron meme, courtesy of Joseph Michael Levy, an ASAL staff editor.
09/28/2017

Happy Thursday, ASAL followers! Enjoy this lovely Chevron meme, courtesy of Joseph Michael Levy, an ASAL staff editor.

Annual Survey is excited to announce our adoption of "(cleaned up)" -- an innovative citation method which replaces the ...
09/12/2017
Annual Survey Adopts “(cleaned up)”

Annual Survey is excited to announce our adoption of "(cleaned up)" -- an innovative citation method which replaces the extended explanatory parentheticals required by Rules 5.3 and 5.4 of the Bluebook with a simpler parenthetical that simply says “(cleaned up).” Read our formal announcement on our website: https://annualsurveyofamericanlaw.org/2017/09/12/annual-survey-adopts-cleaned-up/

A vocal community of appellate lawyers on the Internet advocates replacing extended explanatory parentheticals required by Rules 5.3 and 5.4 of the Bluebook with a simpler parenthetical that simply…

BIG NEWS!!! We've just launched ASAL Forum, Annual Survey's new online-only publication which features shorter essays fr...
09/05/2017
Regulation Before Condemnation: Reworking the Airbnb Ban in New York City

BIG NEWS!!! We've just launched ASAL Forum, Annual Survey's new online-only publication which features shorter essays from students, professors, and practitioners. For our first essay, we feature Dan Sperling's examination of NYC tenant protection laws and the Airbnb controversy - check out "Regulation Before Condemnation: Reworking the Airbnb Ban in New York City," available at http://bit.ly/2eERyaW.

Daniel Sperling J.D. Candidate, Cornell Law School, 2018; B.A., Vanderbilt University, 2015. I would like to thank Professor Shelly Kreiczer-Levy for her help in the development of this article. Do…

09/03/2017
Masthead

We're happy to present our new masthead for the 2017-2018 school year. Welcome to all of our new staff editors!

NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW 2017-2018 BOARD OF EDITORS Editor-in-Chief Leonid Grinberg Managing Editors Erik F. Bakke Emily E. Fountain Nathalie M. Gorman Kathryn A. Haine Dev…

Steve Tensmeyer examines the different views on the permissibility of injunctions against defamation in his recently pub...
08/30/2017
Volume 72, Issue 1

Steve Tensmeyer examines the different views on the permissibility of injunctions against defamation in his recently published article, "Constitutionalizing Equity: Consequences of Broadly Interpreting the “Modern Rule” of Injunctions Against Defamation," available now on the ASAL website.

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 …

08/28/2017
Recent Issues

HOT OFF THE PRESS: An exciting double feature - Volume 72, Issue 1 and Volume 73, Issue 1. Check them out on NYU School of Law Annual Survey's website!

Editor’s Note: Due to unforeseen circumstances, we are publishing Volume 73, Issue 1 ahead of Volume 72, Issue 2. Volume 72, Issue 2 is expected to be completed in late 2017. In order to avo…

In the context of cross-border evidence, particularly with regard to the threat of data localization and nationally impo...
07/06/2017
Volume 71, Issue 4

In the context of cross-border evidence, particularly with regard to the threat of data localization and nationally imposed restrictions on Internet access, Mutual Legal Assistance Treaties and the mutual legal assistance process have grown increasingly relevant. Learn more about this cutting edge topic in the newly published article, "Mutual Legal Assistance in an Era of Globalized Communications: The Analogy to the Visa Waiver Program," by Professor Peter Swire and Justin D. Hemmings on ASAL's website, http://bit.ly/2qsdiLS.

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 Communicat…

Interested in the effect of modern technology and digitization on Fourth Amendment doctrine? Read Georgetown Law Profess...
07/01/2017
Volume 71, Issue 4

Interested in the effect of modern technology and digitization on Fourth Amendment doctrine? Read Georgetown Law Professor Laura K. Donohue's recently published article, "The Fourth Amendment in a Digital World," out now on ASAL's website! http://bit.ly/2qsdiLS

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 Communicat…

Vintage issues.
06/17/2017

Vintage issues.

HOT OFF THE PRESS: Volume 71, Issue 4. Check it out on NYU School of Law Annual Survey's website! http://bit.ly/2qsdiLS
05/29/2017
Volume 71, Issue 4

HOT OFF THE PRESS: Volume 71, Issue 4. Check it out on NYU School of Law Annual Survey's website! http://bit.ly/2qsdiLS

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 Communicat…

03/31/2017

On March 29th, we gathered for our 2017 ASAL banquet. We want to thoroughly congratulate the following 3Ls for their commitment to Annual Survey:
Scott Glicksman (winner of the Norma Z. Paige Award for Greatest Contribution by an Executive Articles Editor, 2016-2017)
Harry Black (winner of the Seymour A. Levy Memorial Award for Most Outstanding Note, 2016-2017)
Alison Wall (winner of the Philip F. Cohen Award for Greatest Contribution by a Third-Year Editor, 2016-2017)

The American legal system is based on an elusive concept called the "common law," but is the quality of U.S. common law ...
03/03/2017
Volume 71, Issue 3

The American legal system is based on an elusive concept called the "common law," but is the quality of U.S. common law any good? Check out Annual Survey's website for an interesting article examining this question using fraud damages as a case study.

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.…

Annual Survey's table at NYU Law's Student Group/Journal Fair!
03/02/2017

Annual Survey's table at NYU Law's Student Group/Journal Fair!

See our new Note "Defendant Class Actions in Bankruptcy: A Practice Guide" by NYU School of Law's own Ameneh Bordi!
02/28/2017
Volume 71, Issue 3

See our new Note "Defendant Class Actions in Bankruptcy: A Practice Guide" by NYU School of Law's own Ameneh Bordi!

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.…

Interested in the law of fashion? Join us for this exciting panel on the first Supreme Court case in decades to grapple ...
02/22/2017
Copyrighting Fashion After Varsity Brands

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 a case in which the Court considers whether the design of a cheerleading uniform can gain copyright protection. Panelists have even submitted amicus briefs for both sides. Come and learn about this exciting case!

February 24 at 12:00 in Greenberg Lounge

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 reg…

Tomorrow!  Check out the N.Y.U Annual Survey of American Law Dedication Ceremony honoring Judge Pauline Newman!  Doors o...
02/20/2017
Dedications

Tomorrow! Check out the N.Y.U Annual Survey of American Law Dedication Ceremony honoring Judge Pauline Newman! Doors open at 5:15 p.m, Tuesday February 21, 2017 and the ceremony begins at 5:30pm. Make sure to stay for a reception with Judge Newman after the ceremony.

2017 Dedicatee: Pauline Newman Each year, the members of the journal dedicate a volume of the Annual Survey of American Law to a legal scholar or practitioner who has made a significant impact on t…

Is prosecutorial charging power out of control? See our new Article from The George Washington University Law School 's ...
02/14/2017
Volume 71, Issue 3

Is prosecutorial charging power out of control? See our new Article from The George Washington University Law School 's Joseph A Thorp on why it is and what regulations are needed to bring it under control.

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.…

Congratulations to the new incoming Board of Annual Survey of American Law!Editor-in-Chief: Leonid GrinbergManaging Edit...
02/13/2017

Congratulations to the new incoming Board of Annual Survey of American Law!

Editor-in-Chief: Leonid Grinberg
Managing Editor of Development: Emily Fountain
Managing Editor of Production: Erik Bakke
Managing Editor of Post-Production: Katie Haines
Development Editors: Aishlinn O'Callaghan and Nathalie Gorman
Notes Editors: Tony Cheng and Suchita Mandavilli
Online Editors: Eloise Rotenberg and Rachel Malhiet
Executive Articles Editors: Rachel Lieb, Jess Fuhrman, Dillon Westfall, and Raymond Habbaz
Senior Articles Editors: Özgün Sak, Kevin Wu, and Sam Vitello

We also would like to thank the outgoing Board for their hard work and dedication this past year!

Editor-in-Chief: Alison Wall
Managing Editor of Development: Eliana Pfeffer
Managing Editor of Production: Hannah Corning
Managing Editor of Post-Production: Sarah Topol
Development Editors: Lilly Aston, Katya Roze, and Gianna Walton
Notes Editors: Harry Black and Sarah Hsu
Online Editor: Heather Garvey
Executive Articles Editors: AJ Argall Catherine Chong Philip Fitzpatrick Nicole Garrett Scott Glicksman Sara Pahlavan Cristina Stiller, and Derek Sutton
Senior Articles Editors: Riane Harper and Jess Lepper

See our new Article on the separation of powers and the administrative state from The University of Melbourne & Harvard ...
02/11/2017
Volume 71, Issue 3

See our new Article on the separation of powers and the administrative state from The University of Melbourne & Harvard Law School's Sarah Zeleznikow.

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.…

We are pleased to announce that we will be dedicating our 74th Volume to Pauline Newman, Circuit Judge of the United Sta...
02/10/2017
Announcing the 2017 N.Y.U Annual Survey of American Law Dedication Ceremony Honoring Judge Pauline Newman

We are pleased to announce that we will be dedicating our 74th Volume to Pauline Newman, Circuit Judge of the United States Court of Appeals for the Federal Circuit. The Ceremony will be held on Tuesday, February 21, 2017. Click below for more details.

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 colleag…

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