Seton Hall Law Faculty Showcase Robust Scholarship

Tuesday, September 24, 2024

By Carter Massengill

Seton Hall Law is attracting significant attention in the legal academic community with an impressive portfolio of publications, demonstrating a strong commitment to legal research and thought leadership. Seton Hall Law professors are set to publish at least 12 articles and one book in 2024-25 across many highly respected legal journals – an impressive feat for a faculty of its size. The upcoming publications cover a wide range of legal topics, showcasing the faculty’s diverse expertise and dedication to advancing legal discourse. Among the forthcoming works are analyses on critical legal issues such as the Indian Child Welfare Act, participatory defense, and disability rights law.

1. 1. Equity for American Indian Families by Neoshia Roemer explores the implications of the Supreme Court’s recent decision in Haaland v. Brackeen regarding the Indian Child Welfare Act (ICWA). Roemer argues that while ICWA’s survival in the face of constitutional challenges is a victory, it raises complex questions about equal protection that could threaten the foundation of federal Indian law. The article proposes re-framing ICWA under an anti-colonial equity perspective, arguing that this approach is more aligned with ICWAs goals than traditional equal protection doctrines.

1. 2. Participatory Defense and the Three Pillars of Criminal Injustice by Isis Misdary examines systemic issues contributing to mass incarceration, including the dominance of repeat players, centralization of authority, and the denial of the individuality of community members facing charges. Misdary highlights the participatory defense movement as a promising grassroots response, bringing community organizing into the courts and supporting the participation of community members facing charges, their families and their communities in the criminal legal process and campaigns that make, change, and end laws and policies. The article also discusses the hurdles and opportunities facing participatory defense as it seeks to challenge the criminal punishment system and the ways the movement provides a potential preliminary blueprint for removing and replacing parts of our current assembly line system of injustice.
1. 3. Third-Party Accommodations by Doron Dorfman addresses a critical gap in disability rights law: whether employers, schools, and other public accommodations are required to manage the behaviors of third parties to accommodate individuals with disabilities. Dorfman critiques the current legal framework’s narrow interpretation and proposes a new theory of third-party accommodations. This theory would expand the scope of reasonable accommodation under the Americans with Disabilities Act to include adjustments for behaviors of others, aiming to enhance access and justice for individuals with disabilities. The article touches on an array of contexts in which third party accommodations manifest: from food allergies on airplanes to mask bans in schools.

Stay tuned for these impactful publications throughout the year and join us in congratulating the faculty for deepening legal scholarship.

See below for a selection of forthcoming scholarship.

Articles:
BRIAN MURRAY
Participatory Expungement,
Columbia Law Review

ANDREA MCDOWELL
Comparative Lynch Law,
Yale Journal of Law and the
Humanities

MICHAEL COENEN
The Shaky Structural Foundations of the
New Nondelegation Doctrine,
University of Pennsylvania Journal of
Constitutional Law

GAIA BERNSTEIN
Configuring the Role of Children's Privacy
Rights in the Fight Against Technology
Addiction,
Villanova Law Review

ISIS MISDARY
Participatory Defense and the Three
Pillars of Criminal Injustice,
Nevada Law Journal

ILYA BEYLIN
How Portfolio Netting Deters Diversification
and Competition in the Derivatives Industry,
University of Pennsylvania Journal
of Business Law

KATHLEEN M. BOOZANG
NIL Necessitates Shared Medical
Decision Making for College Athletes,
Marquette Sports Law Review

NEOSHIA ROEMER
Equality for American Indian Families,
Minnesota Law Review

BRIAN SHEPPARD ET AL.
We Give Laws a Bad Name: An Empirical
Examination of how Misleading Law and PAC
Names Pollute Legal Perception,
Texas A&M Law Review

DORON DORFMAN
Third-Party Accommodations,
Michigan Law Review

JONATHAN HAFETZ
Emergency Power and the Crisis of
Governance of the Border,
Georgetown Immigration Law Journal

Book:
SOLANGEL MALDONADO
The Architecture of Desire: How the Law
Shapes Interracial Intimacy and Perpetuates
Inequality,
NYU Press