• Riane Harper ’17 on why she’s a fan of “Legislation and the Regulatory State”
    Articles,  Blog

    Riane Harper ’17 on why she’s a fan of “Legislation and the Regulatory State”

    I am a big fan of the Legislation and the Regulatory State class as a 1L. I think it’s one of the most important classes that you can take at NYU, and I don’t just say that as a government nerd. I did not actually know that much about how the US government is structured, and all the different ways that agencies have to interact with the public and with the judiciary before I took the class. It was a huge help to understand why I was doing the things I did when I worked in the federal government, and it was really useful, I think, to understanding how to…

  • Does Natural Law Matter? [Introduction to Common Law] [No. 86]
    Articles,  Blog

    Does Natural Law Matter? [Introduction to Common Law] [No. 86]

    One of the common views today is that all the principles of natural law are largely irrelevant to legal discourse. Uh, this is a radical shift from the views of law that were taken for thousands of years, and which natural law was thought to be the foundation. What one means by natural law is that there is certain kinds of features of the world which are so common, and so powerful, that any legal system that tries to put things together in ignorance of those things will always fail. Natural law has been defined from the beginning of time as involving the following three principles. One is this a…

  • Kim Taylor-Thompson on Trump and the Constitution
    Articles,  Blog

    Kim Taylor-Thompson on Trump and the Constitution

    So when Adam asked me to join the panel to discuss the effect of a Trump presidency on criminal justice policy, I have to admit that I hesitated, largely because his request actually forced me to face the reality that this was not just a bad nightmare on 11/9, but actually was a reality. So, even if I refused to watch the inauguration on Friday it’s going to happen and even if I refuse to acknowledge Trump’s toxic tweets, they will continue and even if I refuse to believe that someone so divisive will actually be our president he will on Friday. So, that means that I and the rest…

  • Public v. Private Property [Introduction to Common Law] [No. 86]
    Articles,  Blog

    Public v. Private Property [Introduction to Common Law] [No. 86]

    When we started to talk about the arrangements of property, what is very common for all people is that you have some forms of property that are private, that is owned by one or a very small number of individuals. And then you have other forms of property that are held in common, such as that it’s owned by nobody with open access to all. In law school, we tend to study the common elements less and the private elements more because the private elements are where you have the voluntary contract for leases and for hires, and for mortgages and so forth. But to understand the full system, you…

  • Articles

    Furman Center: Policy Breakfast

    – Good morning everyone. I am truly delighted to welcome you to our first policy breakfast of the semester. I’m especially excited about this policy breakfast not only because of the importance of the issue and the brilliance of the panelists but also because this is the first debate that we’ve had that ties very directly to our Dream Revisited blog and now I’m looking, where is it, here’s the book. And we launched the Dream Revisited blog just over five years ago on MLK Day in 2014 with support from the Open Society Foundations. Our idea was to try to spur candid and constructive dialogue and debate about issues…

  • Steven Shapiro gives keynote address at Hays 60th anniversary
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    Steven Shapiro gives keynote address at Hays 60th anniversary

    – Welcome, welcome to all of you. To state the obvious, this is the first ever Hays reunion without Norman, and I know it affects all of us profoundly and will affect the proceedings through the day. It’s also the first in the age of Trump. We need Norman than ever, and we need each other our energy, our ideas, our hugs, our tears, so for all those reasons, welcome to you. I have a couple of announcements. First I would like to thank Helen Hershkoff for the wonderful new brochure which is a heroic effort which Norman always did for us but Helen has picked up that task and…

  • Superfund Legislative Settlement
    Articles,  Blog

    Superfund Legislative Settlement

    – So, Superfund is a really interesting settlement, as the panel gets ready. It’s a legislated settlement where, unlike certainly unlike the Gulf Oil Spill, establishing liability was very much central to the settlement, and a huge amount of creativity was involved, and we’re lucky to Barry Breen who currently runs the Superfund program at EPA, longtime friend, wonderful expert. He’s the acting administrator for the EPA office of Land and Emergency Management. Commentators include Judge Nancy Firestone of the US Court of Federal Claims, who played a key role in developing many of the concepts in the law and then implementing them. And David Farer of Greenbaum, Rowe, Smith,…