• Gold Addresses U.S. Judicial Conference Advisory Committee

    Based on testimony he gave at a meeting of the U.S. Judicial Conference Advisory Committee on the Federal Rules of Evidence, Professor Victor Golds article, The Three Commandments of Amending the Federal Rules of Evidence, addresses a proposal before the Advisory Committee to amend one of the Federal Rules concerning hearsay.  Gold urges a conservative approach to amendment based on three commonsense principles:  (1) If it ain’t broke, don’t fix it; (2) First, do no harm; (3) Be careful what you wish for.

  • The Tax Definition of 'Medical Care'

    Professor Katie Pratt’s most recent article, The Tax Definition of 'Medical Care': A Critique of the Startling IRS Arguments in O'Donnabhain v. Commissioner discusses a series of unprecedented arguments the Internal Revenue Service made to deny a medical expense tax deduction for the costs of gender confirmation surgery. Building on her earlier articles in the Cornell Law Review and Wisconsin Law Review, Pratt critiques the arguments the IRS made in O’Donnabhain and warns that the IRS might make similar arguments in the future to deny tax deductions for the costs of reproductive medical care.

  • The New Criminal Justice Thinking

    Associate Dean for Research Alexandra Natapoff is co-editor of The New Criminal Justice Thinking (Dolovich and Natapoff, eds. NYU Press, 2017). The 14-essay interdisciplinary collection includes a wide array of prominent scholars of criminal law, sociology, and critical theory, including Loyola Professor Priscilla Ocen.  One reviewer describes the book as “creative, visionary, and erudite.” Another calls it “an essential volume for anyone interested in changing our criminal justice system.”

  • Patent Law & Policy

    Commentators have largely dismissed the Supreme Court’s recent opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. as unimportant to the law of patents. Lee Petherbridge and R. Polk Wagner’s (Penn) recent article, Teva and the Process of Claim Construction, closely examines the opinion, situates it in the context of patent law and policy, and advances the novel thesis that, for heretofore unappreciated reasons, the case may be far more important—and potentially beneficial—than was initially understood.

  • Professor Adam Zimmerman
    Class Actions Inside Federal Agencies

    Professor Adam Zimmerman’s newest article Inside the Agency Class Action is forthcoming in the Yale Law Journal.  The article is the first to map agencies’ nascent efforts to use class actions and other complex procedures in their own hearings. Relying on unusual access to many agencies — including agency policymakers, staff and adjudicators — Zimmerman and his co-author Michael Sant'Ambrogio take a unique look “inside” administrative tribunals that use mass adjudication in areas as diverse as employment discrimination, mass torts, and health care.

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Extraordinary Scholarship 2015-16