NYU Law Review

The NYU Law Review invites members of the legal community to submit proposals for our annual symposium for the '26-'27 academic year. Please see the attached for instructions and deadlines. We look forward to reading your proposals!

Lyons, Remedies, and the Fourth Amendment in Noem v. Vasquez Perdomo - NYU Law Review Recent Case: Noem v. Vasquez Perdomo, No. 25A169, 2025 WL 2585637 (U.S. Sep. 8, 2025) Sharon Brett0* Copyright © 2026 by Sharon Brett, Associate Professor of Law, University of Kansas School of Law. T...

In her Case Comment, Prof. @sharonbrett analyzes Justice Kavanaugh's concurrence in the recent Supreme Court case Noem v. Vasquez Perdomo, highlighting the distinctions undermining his reliance on City of Los Angeles v. Lyons and his skepticism of the plaintiffs’ Fourth Amendment claims.

Submissions - NYU Law Review Article Submissions Guidelines Article Submissions are now open! We accept submission of unsolicited Articles via Scholastica. We no longer accept print submissions by e-mail or by postal service. We ...

Attention, authors! As of February 1, 2026, we've reopened our Scholastica portal for submissions. For more information, check out nyulawreview.org/submissions/. We look forward to reading your submisssions!

New Challenges for Federal Regulations: Executive Branch Responses - NYU Law Review Over the last decade, federal regulations have faced increasingly more challenging hurdles. The Supreme Court’s 2024 decision in Loper Bright, putting an end to Chevron deference, and its 2022 decisio...

Federal regulations face new challenges from the federal judiciary, state AGs, presidents, and Congress. Former OIRA Administrator Richard Revesz outlines how he led the Biden administration’s charge to make its regulations more resilient to attack
nyulawreview.org/issues/volum...

Presidential Administrative Discretion - NYU Law Review The Supreme Court has amplified Article II appointments and removal power over formal administrative adjudication. Both those in favor of and against this trend share assumptions about presidential in...

Professor Bijal Shah explores how informal agency adjudication and enforcement discretion can be harnessed by the President to expand his power

nyulawreview.org/issues/volum...

Volume 100, Number 6 Archives - NYU Law Review

Lastly, we’re ringing in the new year with the final issue of Volume 100, highlighting symposium scholarship on administrative law

nyulawreview.org/issues/volum...

All The President's Men - NYU Law Review Recent Case: Trump v. United States, 144 S. Ct. 2312 (2024) Trevor W. Morrison0* * Copyright © 2025 by Trevor W. Morrison, Eric M. and Laurie B. Roth Professor of Law and Dean Emeritus, New York Unive...

Prof Trevor Morrison warns Trump v. US may grant absolute immunity, not just to the President, but to subordinates who exercise conclusive and preclusive powers in his name. Seeking to avoid this disastrous result, this piece charts a path forward

nyulawreview.org/case-comment...

“Subject to the Jurisdiction Thereof”: The Indian Law Context - NYU Law Review Section 1 of the Fourteenth Amendment provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State...

Profs Ablavsky & Berger debunk the Administration's misuse of Indian law to attack birthright citizenship, showing how 19th-century debates over Native citizenship can't support limits on citizenship for children of immigrants

nyulawreview.org/online-featu...

The Anti-Satellite Threat—and How States Can Respond - NYU Law Review On February 5, 2022, Russia launched Cosmos 2553 into orbit. On December 5, 2024, the world learned that the satellite carried a dummy nuclear warhead, designed to test components for a nuclear-armed ...

Oona Hathaway, Madeline Babin, and Isabel Gensler explore the emerging realm of anti-satellite (ASAT) weaponry and discuss the lawful options available to states to respond to these growing threats under international law.

nyulawreview.org/online-featu...

Less Is More: Issue Presumption in Mass Tort MDLs - NYU Law Review In mass tort multidistrict litigation (MDL), existing scaling-up devices have failed to generate significant efficiency gains. This essay suggests a novel device: issue presumption. Where courts posse...

Leo Soh & Jared Stehle offer an alternative to issue preclusion in mass tort MDLs that would capture efficiency gains while protecting the rights of litigants: issue presumption.

nyulawreview.org/online-featu...

Strict Construction of Deportation Statutes After Loper Bright - NYU Law Review The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo calls on courts to apply a broad range of rules of statutory construction instead of engaging in a deferential inquiry about whethe...

Prof Nancy Morawetz discusses the meaning of 8 U.S.C. § 1103(a)(1) and why it does not provide a basis for judicial deference in immigration cases after the Supreme Court’s decision in Loper Bright overturning Chevron

nyulawreview.org/online-featu...

Home - NYU Law Review Leading academic law journal committed to publishing, generating, and cultivating influential scholarship in service to the law

Our 2025 online scholarship examined deportation law, mass-tort MDLs, reparative damages for police violence, labor & industrial policy, anti-satellite threats, Indian law & birthright citizenship, substantive due process after Muñoz, & presidential immunity

Check out our website: nyulawreview.org

Facilitating the Return of Human Remains: Museum Policy Case Studies Across the United States and United Kingdom - NYU Law Review In January 2024, the United States made landmark regulatory updates under the Native American Graves Protection and Repatriation Act (NAGPRA) amidst intensifying scrutiny on human remains stewardship ...

Emily R. Yan’s student Note examines U.S. & U.K. museum policies on human remains, showing through case studies how regulatory reforms & public pressure can better facilitate repatriation.

nyulawreview.org/issues/volum...

Software Torts and Software Contracts: Reframing the Developer's Duty - NYU Law Review Flawed software costs businesses and consumers millions of dollars every year, but existing tort law does not generally require developers to compensate others for economic injuries caused by bad code...

Micah Musser's student Note looks at the landscape surrounding civil liability for software developers and recommends a malpractice-based model to create accountability for buggy code.

nyulawreview.org/issues/volum...

No Exit - NYU Law Review Fast-growing startups in search of capital and liquidity have traditionally sought to exit the private capital market through M&A or IPO. Until recently, antitrust enforcers rarely challenged startup ...

Regulation and stepped-up merger enforcement have left startup founders no exit. Profs Brian Broughman, Matthew Wansley & Sam Weinstein profile emergent corporate forms and rising financing strategies in VC-backed firms

nyulawreview.org/issues/volum...

Assembly-Line Public Defense - NYU Law Review Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both unde...

David Abrams & Priyanka Goonetilleke explore the empirical effect of a policy change by the Defender Association of Philadelphia that increased continuity in attorney representation for criminal defendants.

nyulawreview.org/issues/volum...

Volume 100, Number 5 Archives - NYU Law Review

Our November Issue featured our annual Brennan Lecture; pieces on public defense representation systems, antitrust and startups, civilian status in war; and a number of student notes

nyulawreview.org/issues/volum...

Herding Sheep-Shaped Cats (And Other Creatures): Bellwether Trial Selection as Sampling to Estimate the Settlement Value of Mass Tort MDLs - NYU Law Review The multidistrict litigation (MDL) process allows the nationwide consolidation of cases that share certain factual issues. Mass tort claims are often consolidated as MDLs and eventually resolved throu...

Soorim “Cat” Song argues that MDLs should limit use of bellwether trials to estimation of proposed settlement amounts, and bellwether trials should be selected by statistical sampling methods to provide a representative sample of all cases in the MDL

nyulawreview.org/issues/volum...

Covert Coercion: Government Speech and Its Costs to Freedom - NYU Law Review The First Amendment is a well-known bulwark against a government that might use its regulatory powers to silence speech based on the viewpoint of the speaker. The government speech doctrine extended t...

Lydia Schiller's student Note identifies a hole in First Amendment doctrine and discusses its implications for governmental efforts to silence speech based on the viewpoint of the speaker

nyulawreview.org/issues/volum...

Coordinating Coordination Requirements in Environmental Emergency Action Provisions - NYU Law Review Certain provisions within environmental statutes, known as emergency action provisions, provide EPA administrators with the authority to take legal action when certain forms of pollution threaten publ...

Joseph Brau analyzes inconsistent coordination requirements of emergency action provisions in federal environmental statutes, like the Safe Drinking Water Act, and proposes standardization strategies across the legislative, judicial, & executive branches

nyulawreview.org/issues/volum...

The Race Case in Contracts - NYU Law Review This Article develops a new framework for thinking about the place of race in Contracts. It argues that culture and context work in tandem in the form of “cultural scripts” to weave racial association...

Brittany Farr offers a new framework for thinking about race in 1L Contracts. Through a deep historical dive covering 129 casebooks and Walker-Thomas, she traces cultural scripts—inherited ways of thinking that shape how we read and understand the world

nyulawreview.org/issues/volum...

Volume 100, Number 4 Archives - NYU Law Review

Our October issue covered racial inequality in integrated schools, race in contracts pedagogy, community supervision in Indian Country, environmental emergency powers, psychiatric commitment, coercive government speech, and bellwether trials in MDLs

nyulawreview.org/issues/volum...

Green Monetary Policy: What the Federal Reserve System Can Learn from the European Central Bank - NYU Law Review Central banks like the European Central Bank (ECB) have started incorporating climate change considerations into their monetary policy tools. This Note refers to this phenomenon as green monetary poli...

Soomin Shin argues that despite political pushback, the Fed should--and statutorily can--follow the ECB's footsteps in implementing green monetary policy

nyulawreview.org/issues/volum...

Recognition Rules: The Case for a New International Law of Government Recognition - NYU Law Review The last several years have been marked by contentious disputes about which governments represent the states of Venezuela, Libya, Yemen, Myanmar, Afghanistan, and Niger. Such disputes are far from idl...

Oona Hathaway, Alaa Hachem & Justin Cole examine how contested government recognition creates uncertainty in international law. They analyze the rights tied to recognition and argue for a centralized approach to determine who may act on behalf of a state

nyulawreview.org/issues/volum...

The Administrative State's Second Face - NYU Law Review We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and ...

Emily Chertoff & Jessica Bulman-Pozen argue the administrative state has a “second face”: a regime enabling agencies like ICE and the CIA to operate with broad power and little oversight as courts constrain the regulatory state

nyulawreview.org/issues/volum...

Rewriting the Rules for Corporate Elections - NYU Law Review Public company boards of directors have opened up a new front in their longstanding battle with hedge fund activists by rewriting the procedural rules governing board elections. Many boards now requir...

Ben Bates analyzes the impact of increasingly complex advance notice bylaws passed by nearly 4,000 public companies and discusses reforms for reducing the resulting costs of shareholder elections while still filtering out bad actors

nyulawreview.org/issues/volum...

Volume 100, Number 3 Archives - NYU Law Review

Our June Issue examined election bylaws and board entrenchment, the administrative state’s “second face,” rules for recognizing governments in international law, the non-enforcement functions of contract, and climate-conscious monetary policy at the Fed

nyulawreview.org/issues/volum...

The Cartographic Court - NYU Law Review Over the past few decades, the Supreme Court of the United States has adopted an exceedingly narrow view of tribal civil jurisdiction, establishing doctrines that restrict the circumstances in which N...

By illuminating the spatial imagination of the U.S. Supreme Court, Erica Liu reveals a key practice employed by the Court in its tribal jurisdiction cases that is central to empires past and present—cartography

nyulawreview.org/issues/volum...

State Constitutional Law as Evidence of Evolution: How State Supreme Court Decisions Should Influence Eighth Amendment Doctrine - NYU Law Review The Eighth Amendment to the U.S. Constitution bans “cruel and unusual” punishment. Historically, the Amendment’s protection has limited the use of the death penalty, life without parole sentences for ...

Building on a renewed interest in state constitutionalism, Kate Evans' student Note argues that the Supreme Court should look at state constitutional decisions to evaluate what constitutes cruel and unusual punishment under the Eighth Amendment

nyulawreview.org/issues/volum...

Reimagining Türkiye Halk Bankasi: A Way Forward for Common Law Displacement Doctrine - NYU Law Review In Türkiye Halk Bankasi A.S. v. United States, the Supreme Court reviewed the Second Circuit’s holding that the passage of the Foreign Sovereign Immunities Act (FSIA) abrogated any immunity from prose...

Evan Meisler's Note critiques the prevailing approach to federal common law displacement and argues for a new framework analogous to state law preemption doctrine using the Court’s foreign sovereign immunity opinion, Türkiye Halk Bankasi, as a case study

nyulawreview.org/issues/volum...