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New York University Annual Survey of American Law nys69-1_cv_nys69-1_cv 10/15/2014 7:32 AM Page 2 Vol. 69 No. 1 Vol. New York University Annual Survey of American Law DEDICATION IN MEMORIAM TO PROFESSOR DERRICK BELL TRIBUTES New York University Annual Survey of American Law New York President John Sexton Gabrielle Prisco Patricia Williams Norman Dorsen Introduction of Janet Dewart Bell Acknowledgment by Janet Dewart Bell ARTICLES BETWEEN MUSLIM AND WHITE: THE LEGAL CONSTRUCTION OF ARAB AMERICAN IDENTITY Khaled A. Beydoun DESICRIT: THEORIZING THE RACIAL AMBIGUITY OF SOUTH ASIAN AMERICANS Vinay Harpalani NOTES INTRODUCING THE JURY EXCEPTION: HOW EQUAL PROTECTION TREATS JURIES DIFFERENTLY Jessica Heyman AN ARGUMENT FOR PUBLIC HEALTH AND DOCTRINAL CLARITY: WHY THE SUPREME COURT SHOULD OVERTURN R.J. REYNOLDS V. FDA Andrew M. Osarchuk EXPECTING THE UNATTAINABLE: CASEWORKER USE OF THE “IDEAL” MOTHER STEREOTYPE AGAINST THE NONOFFENDING MOTHER FOR FAILURE TO PROTECT FROM CHILD SEXUAL ABUSE CASES Emily Winograd Leonard 2013 Volume 69 Issue 1 2013 35559-nys_69-1 Sheet No. 1 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 1 20-OCT-14 8:41 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW VOLUME 69 ISSUE 1 35559-nys_69-1 Sheet No. 1 Side A 10/20/2014 11:50:05 NEW YORK UNIVERSITY SCHOOL OF LAW ARTHUR T. VANDERBILT HALL Washington Square New York City 35559-nys_69-1 Sheet No. 1 Side B 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 2 20-OCT-14 8:41 New York University Annual Survey of American Law is in its seventy-first year of publication. L.C. Cat. Card No.: 46-30523 ISSN 0066-4413 All Rights Reserved New York University Annual Survey of American Law is published quarterly at 110 West 3rd Street, New York, New York 10012. Subscription price: $30.00 per year (plus $4.00 for foreign mailing). Single issues are available at $16.00 per issue (plus $1.00 for foreign mailing). For regular subscriptions or single issues, contact the Annual Survey editorial office. Back issues may be ordered directly from William S. Hein & Co., Inc., by mail (1285 Main St., Buffalo, NY 14209-1987), phone (800- 35559-nys_69-1 Sheet No. 1 Side B 10/20/2014 11:50:05 828-7571), fax (716-883-8100), or email ([email protected]). Back issues are also available in PDF format through HeinOnline (http://heinonline.org). All works copyright © 2013 by the author, except when otherwise expressly indicated. For permission to reprint an article or any portion thereof, please address your written request to the New York University Annual Survey of American Law. Copyright: Except as otherwise provided, the author of each article in this issue has granted permission for copies of that article to be made for classroom use, provided that: (1) copies are distributed to students at or below cost; (2) the author and journal are identified on each copy; and (3) proper notice of copyright is affixed to each copy. Manuscripts: The Annual Survey invites the submission of unsolicited manuscripts. Text and citations should conform to the 19th edition of A Uniform System of Citation. Please enclose an envelope with return postage if you would like your manuscript returned after consideration. Editorial Office: 110 West 3rd Street, New York, N.Y. 10012 (212) 998-6540 (212) 995-4032 Fax http://annualsurveyofamericanlaw.org 35559-nys_69-1 Sheet No. 2 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 3 20-OCT-14 8:41 For what avail the plough or sail Or land or life, if freedom fail? EMERSON 35559-nys_69-1 Sheet No. 2 Side A 10/20/2014 11:50:05 35559-nys_69-1 Sheet No. 2 Side B 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 4 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 2 Side B 10/20/2014 11:50:05 iv 35559-nys_69-1 Sheet No. 3 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 5 20-OCT-14 8:41 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW 2013-2014 BOARD OF EDITORS Editor-in-Chief YAEL TZIPORI Managing Editors GABRIEL BRUNSWICK JULIA C. PILCER Development Editors Executive Article Editors Senior Articles Editor JULIAN GINOS MARY BRUST LEAH S. MARTIN ALEX J. GORMAN ILYSSA L. COGHLAN MATTHEW W. DEAVERS Note Editors ARYEH L. ROSKIES HAROLD S. LAIDLAW AMANDEEP SINGH Symposium Editor PETER VAN VALKENBURGH GREGORY SPRINGSTED DAVID A. GIROUX PATRICK R. TOTARO Article Editors SIOBHAN C. ATKINS MICHAEL F. GOON JANE PARK PAUL S. BALIK JORDANA LAUREN HAVIV JEFFREY RITHOLTZ MICHAEL A. CANENCIA PETER HUR THEODORE D. SAMETS JOSEPH M. CASTELLI GAIL L. HYMAN ALEXANDRA SAMOWITZ WALTER A. CIACCI NICOLE IDOKO NICHOLAS C. SCHOLTEN JOSHUA S. COHN CHRISTINE A. KUVEKE MELISSA B. SIEGEL GRAHAM COLE CHARLES M. LUPICA CHRISTOPHER BRODERICK SMITH DANIELLE ELIZABETH DEBOLD CHIP MCCORKLE NAOMI R. SOSNER JOSHUA M. DRAPEKIN ALLEN MINTZ MAX TIERMAN NICOLE A. ESCOBAR BEN NOTTERMAN DANIEL WOLFF 35559-nys_69-1 Sheet No. 3 Side A 10/20/2014 11:50:05 MEAGAN L. FROEMMING GIL OFIR KYUNGEUN KIMBERLY WON Staff Editors K. DANIEL BERMAN COLIN HUSTON-LITER ALLISON C. NICHOLS ELIZABETH BUECHNER FRANCIS JOYNER EMILY NIX CATHERINE Y. CHEN HEATHER KANTER NEAL PERLMAN PATRICK K. CHILELLI JORDAN KASS ROSE C. PLAGER-UNGER JORDAN CHISOLM DOUGLAS KEITH RAFAEL REYNERI DAVID A. CIOS SEAN KIM OLIVER J. RICHARDS BOAZ COHEN DARYL L. KLEIMAN MICHAEL R. ROBERTS HARRY FIDLER CHRISTOPHER K. LEUCHTEN MICHAEL ROMAIS CALEB J. FOUNTAIN ROBERT N. LICALZI JENNIFER SAECKL WILLIAM E. FREELAND CHRISTINA T. LIU SARAH E. SCHUSTER HALEY E. GARRETT JOSHUA LOBERT DANIEL SCHWARTZ RYAN H. GERBER MICHAEL LU JUNINE SO MEGAN GRAHAM JULIENNE MARKEL SHARON STEINERMAN REBECCA GUITERMAN BENJAMIN P.D. MEJIA REYHAN A. WATSON JONNAH HOLLANDER SUSAN E. MILLER SARAH WEISSMAN MAUREEN HOWLEY KATHERINE V. MITCHELL ELIZABETH WILKERSON CHRISTOPHER W. HUGHES JOSEPHINE YOON 35559-nys_69-1 Sheet No. 3 Side B 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 6 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 3 Side B 10/20/2014 11:50:05 vi 35559-nys_69-1 Sheet No. 4 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 7 20-OCT-14 8:41 This Volume of New York University Annual Survey of American Law is respectfully dedicated in memoriam to DERRICK BELL VISITING PROFESSOR, NEW YORK UNIVERSITY SCHOOL OF LAW 35559-nys_69-1 Sheet No. 4 Side A 10/20/2014 11:50:05 35559-nys_69-1 Sheet No. 4 Side B 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 8 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 4 Side B 10/20/2014 11:50:05 PROFESSOR DERRICK BELL 35559-nys_69-1 Sheet No. 5 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 9 20-OCT-14 8:41 IN MEMORIAM: DERRICK BELL (1930–2011) Derrick Bell was a full-time visiting professor at N.Y.U. School of Law from 1990 until he passed away on October 5, 2011. For more than fifty years, Professor Bell profoundly shaped the legal commu- nity with his unwavering passion for civil rights and community jus- tice, and through his leadership as a scholar, teacher, and activist. As a devoted professor of constitutional law, Professor Bell instilled in his students a deep sense of professional and ethical responsibility and encouraged them to confront complex issues about race and difference. Professor Bell received his undergraduate degree from Du- quesne University and served as a lieutenant in the U.S. Air Force before entering law school. After graduating from the University of Pittsburgh School of Law, Professor Bell worked at the Civil Rights Division of the U.S. Department of Justice, as the only African Ameri- can among thousands of lawyers. When the government asked him to resign his membership in the NAACP, Professor Bell left the Jus- tice Department and became the first assistant counsel at the NAACP Legal Defense and Education Fund under Thurgood Marshall, su- pervising more than 300 school desegregation cases in Mississippi. As a teacher and scholar, Professor Bell championed the cause of civil rights inside the classroom and the legal academy. He lever- aged his positions as the first tenured African American professor at Harvard Law School and the first African American dean of the Uni- versity of Oregon School of Law to challenge law schools around the country to embrace diversity in their hiring practices. He en- 35559-nys_69-1 Sheet No. 5 Side A 10/20/2014 11:50:05 couraged his students to actively engage with their education and was well-known for his “participatory learning” method, which em- phasized community-based learning and asked students to grapple with current, controversial issues in order to prepare them for real- world legal practice. Professor Bell wrote extensively about the progress of racial re- form in the United States across many genres, from fiction to legal analysis to autobiography. He contributed key writings that helped form the critical race theory movement, and his casebook, Race, Ra- cism and American Law, is used widely in law schools across the coun- try. Since 1995, the annual Derrick Bell Lecture on Race in American Society at N.Y.U School of Law has invited many promi- nent scholars to discuss important topics on race and the law, rang- ing from racially tinged economics to post-racial challenges in the Obama era.
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