N.Y.U. Proceedings

Exploring New Approaches to Unsettled Legal Questions

Author: MCB Staff Editor

The Buck Stops Here: The Limits of Bankruptcy Court Jurisdiction Post-Confirmation

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On September 30, 2016

In Contributions

by Michael Murray*

May bankruptcy courts assume “related to” jurisdiction under 28 U.S.C. § 1334(b) over a post-confirmation successor liability suit when the estate’s assets have already been disbursed? Michael Murray (’17) examines this question, based on his experience at the 2016 Duberstein Moot Court Competition, sponsored by St. John’s University School of Law. His Contribution analyzes the legal landscape of “related to jurisdiction” in bankruptcy courts. Ultimately, the Contribution proposes that the Seventh Circuit has adopted the clearest interpretation of the statute and reasonably limits “related to” jurisdiction to disputes in which either the debtor is a party or the dispute affects the amount or distribution of the debtor’s estate.

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Long Hair, Don’t Care: An Analysis of Gender-Specific School Athletic Regulations & The Equal Protection Clause

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On September 30, 2016

In Contributions

by Matthew Olsen*

Does a high school men’s baseball team regulation governing player hairstyles violate players’ Due Process or Equal Protection rights? Matt Olsen (’17) examines this question, based on his experience at the 2016 Tulane Mardi Gras Sports Law Invitational Competition. His Contribution discusses the Seventh Circuit’s ruling in Hayden v. Greensburg School Community Corporation, the sole circuit court case to address the constitutionality of extracurricular athletic grooming regulations in the context of an Equal Protection claim. Although the adoption of the holding by other courts remains to be seen, the Contribution concludes that the ruling could serve as a powerful means to strike down personal appearance regulations based on gender stereotypes.

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So You Think You’re a Citizen? How a United States Citizen Can Be Stripped of His Citizenship

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On September 1, 2016

In Contributions

by Sonya Chung and Zi Lin*

Do passports and Consular Reports of Birth Abroad constitute conclusive proof of U.S. citizenship such that the State Department’s revocation of these documents is not impermissibly retroactive? Sonya Chung (’17) and Zi Lin (’17) examine this question, based on their experience as writers of the problem for the New York University School of Law 2016 Immigration Law Competition. Their Contribution discusses the state of the law surrounding passports and CRBAs as evidence of citizenship and their revocability. The Contribution argues that courts should allow individuals to use these documents as conclusive proof of citizenship and that the State Department’s power to correct its own errors should be circumscribed carefully in cases where there has been extended reliance on citizenship rights.

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Hacking from the Inside-Out: Can the CFAA Impose Liability on Employees who Misuse Employer Data?

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On April 13, 2016

In Contributions

by Susanna Griffith*

Can an employee who has accessed computer database information in violation of use restrictions and direct instructions from his employer be convicted under the Computer Fraud and Abuse Act for accessing data “without authorization” or “exceed[ing] authorized access”? Susanna Griffith (’17) reflects on this question, based on her experience at the 2016 Spong Moot Court Tournament, hosted by William & Mary Law School. Her Contribution discusses the legal landscape and circuit split regarding the applicability of the statute to employees who have violated use restrictions and directives from employers. The Contribution argues that the narrow, code-based view is preferable as the clearly constitutional reading that also comports with standards of excellence in the field of cyber-security.

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Rejecting the Split Personality Prosecutor

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On April 4, 2016

In Contributions

by Rahul Hari*

Can the exculpatory testimony of a witness before a grand jury be entered against the government under the “Former Testimony” exception to the ban on hearsay? Rahul Hari (’16) examines this question, presented at the 2015 National Moot Court Competition. For exculpatory testimony provided by a witness before the grand jury to be admissible at a subsequent trial in which the same witness is no longer available to testify, the proponent of that evidence must show that the prosecutor had a similar motive in developing that witness’s testimony at the grand jury stage as she would have had if the witness were now available to testify at trial. This Contribution argues that the broad interpretation of “similar motive,” as employed by a majority of the Circuit Courts of Appeals, adheres to the text of the Federal Rules of Evidence, more accurately captures the multiple motives a prosecutor might have in questioning a witness, and protects against prosecutorial abuse.

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The Dean Wormer Test: Good Faith as a Keystone of Student Speech First Amendment Jurisprudence

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On March 28, 2016

In Contributions

by Alec Webley*

Does a school district violate the First Amendment when they ban stickers reading “Screw Hate, Don’t Discriminate,” and if so, how? Alec Webley (’16) examines this question, presented at the 2015 Seigenthaler First Amendment Moot Court Competition at Vanderbilt University. Supreme Court doctrine recognizes that a school or educator may suppress student speech – speech that, in other contexts, would receive First Amendment protections – that is “lewd,” and therefore inconsistent with a school’s educational mission. This Contribution critiques this lewdness test as impermissibly vague, content-based, and overbroad, and proposes an alternative method through which schools could productively address and sanction “lewd” speech.

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