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Volume 77 Overview
We are pleased to announce Volume 77 of the Syracuse Law Review. In continuing our commitment to publishing thoughtful, impactful legal scholarship, we are thrilled to showcase the work of a diverse group of esteemed authors representing a wide variety of practice areas and scholarly interests. Across the three books, our readers will find thoughtful inquiry and insight into some of the most pressing issues facing attorneys and legal institutions today.
Book 1 Overview
Book 1 features four articles from legal scholars nationwide, writing on impactful and emerging issues in legal practice.
Richard Boldt of the University of Maryland, Baltimore, authored “Mental Disability and the Reasonable Person.” He explores the reasonableness standard as it is applied to individuals with mental disabilities. In those cases, the reasonableness standard does not take into consideration the nature and effects of the mental disability. In contrast, the reasonableness standard applied to individuals with physical disabilities considers the nature and effects of the physical disability. The Article explores the reasonableness standard as applied to individuals with mental disabilities in different categories of cases, and the legal issues raised in each category.
Alyssa DiRusso of Samford University authored “Intestacy Inversions in Population Decline,” which explores how changing demographics, such as delayed marriage, smaller families, and low fertility, are creating “intestacy inversions.” These inversions include pushing inheritances up the family tree rather than down, consolidation of property ownership, and increasing instances of laughing heirs and escheat. Ultimately, the Article calls for a strategic approach to intestacy.
Angela Littwin of the University of Texas at Austin, together with Adrienne Adams and Angie Kennedy of Michigan State University, authored “Ineffective Relief for Coerced Debt: The Failure of Divorce and Debtor-Creditor Law to Address Debt Created by Domestic Violence.” The Article discusses the issue of coerced debt, debt that an abusive domestic partner creates in a victim’s name. Using data from the first in-depth study of coerced debt, funded by the National Science Foundation, Littwin evaluates the effectiveness of existing legal remedies and proposes legal reform.
Mark Squillace of the University of Colorado, Boulder, authored “The Abuse of the Good Cause Exemption from Notice and Comment Rulemaking,” which explores the scope of the Administrative Procedure Act’s “good cause” exemption to notice and comment rulemaking. Squillace argues that agencies can abuse this exemption to bypass APA rulemaking procedures without proper justification. This results in negative consequences for both public engagement and judicial review.
In addition to these scholarly articles, Book 1 features four faculty-advised student notes written by members of the Syracuse Law Review: “When Fair Use Fails: Towards a Licensing Scheme for AI Training Data,” by Alanna Ballard; “Lost My Keys, Again: The Impending 2027 MLB Lockout and the Union’s Antitrust Option,” by Anna Litteer; “Shattered Diamonds: The Collapse of Diamond Comics, the Failure of the Current Market Definition Framework in Antitrust Enforcement, and How to Fix It,” by Michael Mariani; and “‘And Justice for All:’ The 2025 Alien Enemies Act Litigation as Grounds for Restoring Class Injunctive Relief in Immigration Habeas Corpus,” by Kylee Peisher.
Book 2 Overview
Book 2 is the Annual Survey of New York Law, a longstanding tradition unique to our journal. The book highlights important, recent changes in the law by practice area. This year, we are pleased to feature a few new authors, as well as many returning authors. Some of our authors have been with us for over 20 years, with our longest-standing author, Terry Rice, surpassing 40 years of writing for the Syracuse Law Review.
This year, we welcome: Aliza Milner, Cornell University, author of the Civil Practice essay; Jacob Saracino and Kendal Hill, Arnold & Porter, authors of the Contracts Law essay; Alexandra Harrington, University at Buffalo, author of the Criminal Law essay; Rose Mary Bailly, Albany Law School, Sheila Shea, Albany Law School, and Christopher Lyons, Aim Services, Inc., authors of the Disability Law essay; Mark Chertok, Claire McNulty, Michael Hannaman, and Alexis Saba, Sive, Paget & Riesel, authors of the Environmental Law essay; Nicole Chappell, U.S. Department of Housing and Urban Development, author of the Housing Law essay; Alan J. Pierce, Hancock Estabrook, author of the Insurance Law essay; Colin Smith, Gavin Gretsky, and Alexandra Brockhuizen, Bond, Schoeneck & King, authors of the Labor and Employment Law essay; Roy S. Gutterman, Syracuse University, author of the Media Law essay; David Katz, Syracuse University, author of the Torts essay; William Davies, Davies Law Firm, author of the Trusts and Estates essay; and Terry Rice, Fordham Law School, author of the Zoning and Land Use essay.
Book 3 Overview
Book 3, our Symposium edition, centers on a theme selected by the Law Review. For Volume 77, the theme is “American Law at 250: The Unfinished Undertaking,” to coincide with the Semiquincentennial of the Declaration of Independence. Authors were invited to write on the history and future of law in the United States of America. The book’s wide-ranging topics include constitutional law, civil rights, family law, national security, public health, local governance, and corporate law, among others.
Jamie R. Abrams, Professor of Law at American University, Washington, contributes “The Family as Foundational Civic Infrastructure.” Examining 250 years of American legal history, this Article considers the family’s role in shaping citizenship, civic engagement, and democratic institutions. It explores how family law provides a distinctive perspective on the relationship between individual rights, state authority, and democratic governance.
José Felipé Anderson, Professor of Law at the University of Baltimore, contributes “The Highway Through Our Home: A Civil Rights Community Interrupted.” Focusing on an overlooked civil-rights case, this Article investigates how transportation policy, urban planning, civil rights, and constitutional law converged to shape the development of American cities. It highlights the case’s enduring significance for understanding equality, community, and the unfinished pursuit of justice in American law.
James Richard Broughton, Associate Dean for Faculty Research and Development and Professor of Law at the University of Detroit Mercy, contributes “On Fidelity.” Focusing on the constitutional principle of fidelity, this Article examines the legal obligations that bind both government officials and citizens to the Constitution. By tracing these duties across constitutional text, statutes, and legal doctrine, it reflects on their significance for American constitutional democracy after 250 years.
Paula C. Johnson, Professor of Law at Syracuse University, contributes “No Two Seats: 250 Years of Black Women and the Struggle for Voting Rights in America.” Spanning 250 years of American legal history, this Article explores the contributions of Black women to the expansion and protection of voting rights while examining the continuing challenges to political participation and representation. It considers what these developments reveal about the nation’s evolving commitment to democratic inclusion.
Tom Lininger, Professor of Law at the University of Oregon, contributes “What the Founders Got Wrong: Reevaluating Constitutional Rules of Criminal Adjudication 250 Years Later.” Reflecting on the Constitution’s 250-year legacy, this Article evaluates the strengths and limitations of several constitutional provisions governing criminal procedure. By connecting their historical development to contemporary practice, it examines opportunities to strengthen the protection of individual rights within the criminal justice system.
Lars Noah, Professor of Law and Eminent Scholar at the University of Florida, contributes “Shaped by Smallpox: How a Virus at the Founding Left Antibodies in the U.S. Constitution.” Drawing on both historical and contemporary public health emergencies, this Article explores the constitutional foundations of governmental responses to infectious diseases and health crises. By connecting the nation’s early practices with present-day challenges, it challenges readers to reconsider how longstanding legal principles apply in modern public health crises.
Carla Pratt, Professor of Law at the University of Oklahoma, contributes “Dred Indian Country: The Racial Foundations of Federal Indian Law at 250.” This Article examines the enduring influence of race on federal Indian law, exploring how a foundational nineteenth-century Supreme Court decision continues to shape questions of tribal citizenship, sovereignty, and constitutional doctrine. It invites readers to reconsider the legacy of American law at 250 through the lens of federal Indian law.
Alexander James Rigby, Associate at Bernstein, Litowitz, Berger & Grossman LLP, contributes “Tempest in the Harbor: Corporate Sovereignty, the Collapse of Accountability, and America’s Unfinished Revolution.” Drawing on history, corporate law, antitrust, and securities regulation, this Article considers how the American legal system has responded to concentrations of corporate power over the past 250 years. It reflects on the continuing challenge of ensuring accountability as private institutions assume increasingly influential public roles.
Glenys P. Spence, Assistant Professor of Law at the University of Toledo, contributes “Ghosts in the Machine: Justice Joseph Story, the Alien Tort Statute and the Constitutional Duality of Modern Privateering.” Examining the evolution of constitutional and maritime law from the Founding to the digital age, this Article considers how historical frameworks can inform legal responses to contemporary forms of private and cyber-enabled conflict. It highlights the continuing tension between national security objectives and accountability in an evolving legal landscape.
Volume 76
Learn more about the distinguished scholars and practitioners who contributed to Volume 76, featuring our annual Advocacy and Litigation symposium and comprehensive New York Law survey here!
Book 3: 2025-2026
Book 2: 2025-2026
Todd A. Berger, Introduction, 76 Syracuse L. Rev. 2 (2026).
Jules Epstein, Let Us Now Not Praise My Cousin Vinny, 76 Syracuse L. Rev. 2 (2026).
Anthony J. Ghiotto, Queering Trial Advocacy, 76 Syracuse L. Rev. 2 (2026).
Ramona C. Albin, The Persistence of Rape Mythology, Syracuse L. Rev. 2 (2026).
Brandon M. Draper, Trials & Travel Ban Tribulations, Syracuse L. Rev. 2 (2026).
Book 1: 2025-2026
Emily Cauble, Non-Experts’ Impressions of Informal Tax Guidance, 76 Syracuse L. Rev. 1 (2026).
Janet Koven Levit, Reproductive Rights on Campus, 76 Syracuse L. Rev. 1 (2026).
Chad Marzen & Casey Rockwell, The Affluenza Defense and Criminal Law, 76 Syracuse L. Rev. 1 (2026).
Previous Law Review Volumes
Volume 75
Book 1: 2024-2025
Michael Creim, The Psychology and the Mens Rea of Purpose (and Goals), 75 Syracuse L. Rev. 1 (2025).
Makenzi Galvan, Lute Yang, & Matthew Avery, Patenting Working Animals, 75 Syracuse L. Rev. 1 (2025).
Book 2: 2024-2025
David E. Zukher, Criminal Law, 75 Syracuse L. Rev. 2 (2025).
Dan D. Kohane & Ryan P. Maxwell, Insurance Law, 75 Syracuse L. Rev. 2 (2025).
Roy S. Gutterman, Media Law, 75 Syracuse L. Rev. 2 (2025).
David M. Katz, Survey of New York Law: Torts, 75 Syracuse L. Rev. 2 (2025).
Terry Rice, Zoning and Land Use, 75 Syracuse L. Rev. 2 (2025).
Book 3: 2024-2025
Louis Cholden-Brown, Centering Cities in Constitutional Contestation, 75 Syracuse L. Rev. 3 (2025).
Roy S. Gutterman, New York: The Media and Media Law Capital, 75 Syracuse L. Rev. 3 (2025).
Volume 74
Book 1: 2023-2024
Kelli Alces Williams, Market Testing Boilerplate, 74 Syracuse L. Rev. 230 (2024).
Book 2: 2023-2024
Rose Mary Bailly & William P. Davies, Administrative Law, 74 Syracuse L. Rev. 463 (2024).
Michael Anthony Bottar & Samantha C. Riggi, Civil Practice, 74 Syracuse L. Rev. 504 (2024).
David E. Zukher, Criminal Law, 74 Syracuse L. Rev. 551 (2024).
Robert P. Carpenter & Matthew C. Walsh, Health Law, 74 Syracuse L. Rev. 611 (2024).
Dan D. Kohane & Ryan P. Maxwell, Insurance Law, 74 Syracuse L. Rev. 644 (2024).
Roy S. Gutterman, Media Law, 74 Syracuse L. Rev. 780 (2024).
David M. Katz, Survey of New York Law: Torts, 74 Syracuse L. Rev. 817 (2024).
Terry Rice, Zoning & Land Use, 74 Syracuse L. Rev. 849 (2024).
Book 3: 2023-2024
Paula C. Johnson, Education Access & Opportunity: An Introduction, 74 Syracuse L. Rev. 885 (2024).
Michael Bindas, School Choice is Racist (& Other Myths), 74 Syracuse L. Rev. 909 (2024).
Book 3: 2022-2023
Rose Mary Bailly & William P. Davies, Administrative Law, 73 Syracuse L. Rev. 595 (2023).
Michael Anthony Bottar & Samantha C. Riggi, Civil Practice, 73 Syracuse L. Rev. 624 (2023).
David E. Zukher, Criminal Law, 73 Syracuse L. Rev. 682 (2023).
Rose Mary Bailly, Disability Law, 73 Syracuse L. Rev. 699 (2023).
Robert P. Carpenter & Kali Ruth Helen Schreiner, Health Law, 73 Syracuse L. Rev. 763 (2023).
Dan Kohane & Ryan Maxwell, Insurance Law, 73 Syracuse L. Rev. 795 (2023).
Roy S. Gutterman, Media Law, 73 Syracuse L. Rev. 849 (2023).
David M. Katz, Survey of New York Law: Torts, 73 Syracuse L. Rev. 875 (2023).
Terry Rice, Zoning and Land Use, 73 Syracuse L. Rev. 895 (2023).
Book 2: 2022-2023
Robert B. Murrett, Intelligence and the Ukraine War: A Brief Review, 73 Syracuse L. Rev. 529 (2023).
Book 1: 2022-2023
Volume 72
Book 4: 2021-2022
Book 3: 2021-2022
Book 2: 2021-2022
Articles
Book 1: 2021-2022
Articles
Volume 71
Book 5: COVID-19 Special Issue 2020-2021
Articles
Book 4: 2020-2021
Articles
Notes
Book 3: ADA Symposium 2020-2021
Introduction
Articles
Notes
Afterward
Book 2: Bankruptcy Symposium 2020-2021
Articles
Notes
Special Article: 2020-2021
Volume 70
Book 4: 2019-2020
Articles
Steven H. Hazel, Personal Data as Property, 70 Syracuse L. Rev. 1055 (2020).
Notes
Book 3: 2019-2020
Articles
Notes
Book 2: Survey of New York Law 2018-2019
Book 2 PDF
Articles
Rose Mary Bailey & William P. Davies, Administrative Law, 70 Syracuse L. Rev. 205 (2020).
Christopher J. Bonner, Business Associations, 70 Syracuse L. Rev. 243 (2020).
Michael Anthony Bottar & Samantha C. Riggi, Civil Practice, 70 Syracuse L. Rev. 269 (2020).
David E. Zukher, Criminal Law, 70 Syracuse L. Rev. 313 (2020).
Michael J. Hutter, Evidence, 70 Syracuse L. Rev. 357 (2020).
Dan D. Kohane, Jennifer A. Ehman & Ryan P. Maxwell, Insurance Law, 70 Syracuse L. Rev. 443 (2020).
Roy S. Gutterman, Media Law, 70 Syracuse L. Rev. 535 (2020).
David M. Katz, Torts, 70 Syracuse L. Rev. 559 (2020).
Steven Cunningham, Trusts & Estates, 70 Syracuse L. Rev. 591 (2020).
Terry Rice, Zoning & Land Use, 70 Syracuse L. Rev. 611 (2020).
Note
Book 1: 2019-2020
Book 1 PDF
Articles
Previous Volumes:
Volume 69
Volume 68
Volume 67
Volume 66
