Professional Activities/Scholarship Citations
Appointed - Among nine legal educators selected to serve on the BARBRI Legal Education Advisory Board. The board is charged with helping the company analyze legal education trends and to identify potential solutions for industry challenges.
Reviewer - For the peer-reviewed publication, “The Journal of Philosophy, Science and Law,” sponsored by the University of Miami and Georgia Tech.
Federal Preemption of State Court Claims, 25 U.C. Davis Law Review 1 (2001), was cited by the Circuit Court of Missouri, Twenty-Second Judicial Circuit, in its Order in the case of City of St. Louis v. American Tobacco Co., 2010 WL 5685856 (2010).
This article was also cited by Boris I. Bittker and Brannon P. Denning in their book, "Bittker on the Regulation of Interstate and Foreign Commerce," (Aspen, 2011) (Chapter 5, Federalization of Local Activities; Section 5.06, Federal Preemption: Introduction).
This article has also been cited by Andrew R. Simank in Deliberately Defrauding Investors: The Scope of Liability, 42 St. Mary’s Law Journal 253 (2010).
His 2008 article, Understanding the Absence of a Duty to Reasonably Rescue in American Tort Law, 82 Tulane Law Review 1447 (2008), has been cited by Marshall S. Shapo, the Frederic P. Vose Professor of Law at Northwestern University School of Law, in An Essay on Torts: States of Argument, 38 Pepperdine Law Review 579 (2011).
His 2004 article, Evidentiary Surrogacy and Risk Allocation: Understanding Imputed Knowledge and Notice in Modern Agency Law, 10 Fordham Journal of Corporate & Financial Law 129 (2004), has been cited by Vincenzo Iuppa in When Efficiency Arguments Fail: The Counter-Intuitive Effects of Amended Rule 78.07(C), 76 Missouri Law Review 213 (2011).
His 1990 article, The Dualist Model of Legal Teaching and Scholarship, 40 American University Law Review 367 (1990) has been cited by Michael P. O’Connor in Perish the Thought of Publication?: Scholarship’s Critical Role in Effective Teaching, 3 Phoenix Law Review 417 (2010).
Marin Roger Scordato, “The International Legal Environment for Serious Political Reporting Has Fundamentally Changed: Understanding the Revolutionary New Era of English Defamation Law,” 40 Connecticut Law Review 165 (2007), was cited in Daniel C. Taylor, “Libel Tourism: Protecting Authors and Preserving Comity,” 99 Georgetown Law Journal 189 (2010).
Paula A. Monopoli and Marin R. Scordato, “Free Speech Rationales after September 11th: The First Amendment in Post-World Trade Center America,” 13 Stanford Law & Policy Review 185 (2002), was cited by Shawn Marie Boyne in "Free Speech, Terrorism, and European Security: Defining and Defending the Political Community," 30 Pace Law Review 417 (2010); cited in Lindsay A. Hitz, “Protecting Blogging: The Need for an Actual Disruption Standard in Pickering,” 67 Washington & Lee Law Review 1151 (2010).
Marin Roger Scordato, “Federal Preemption of State Tort Claims,” 35 U.C. Davis Law Review 1 (2001), cited in Barbara Kritchevsky, “Tort Law is State Law: Why Courts Should Distinguish State and Federal Law in Negligence-Per-Se Litigation,” 60 American University Law Review 71 (2010).
Marin Roger Scordato, “Distinction without a Difference: A Reappraisal of the Doctrine of Prior Restraint,” 68 North Carolina Law Review 1 (1989).
Cited in Smolla & Nimmer, SMOLLA & NIMMER ON FREEDOM OF SPEECH (2010)
Marin Roger Scordato, “Evidentiary Surrogacy and Risk Allocation: Understanding Imputed Knowledge and Notice in Modern Agency Law,” 10 Fordham Journal of Corporate & Financial Law 129 (2004)
Cited in Brief for Defendants-Respondents to the Court of Appeals of New York in the case of Kirschner v. Beckenham Trading Company, Inc.
Marin Roger Scordato, “Reflections on the Nature of Legal Scholarship in the Post-Realist Era,” 48 Santa Clara Law Review 353 (2008)
Cited in Michael P. O’Connor, “Perish the Thought of Publication?: Scholarship’s Critical Role in Effective Teaching,” 3 Phoenix Law Review 417 (2010)
Marin Roger Scordato, "The Dualist Model of Legal Teaching and Scholarship," 40 American University Law Review 367 (1990), was cited by Brent E. Newton in "Preaching What They Don’t Practice: Why Law Faculties’ Preoccupation with Impractical Scholarship and Devaluation of Practical Competencies Obstruct Reform in the Legal Academy," 62 South Carolina Law Review 105 (2010).
Published a review of Brian Tamanaha's "Beyond the Formalist-Realist Divide: The Role of Politics in Judging" (Princeton Univ. Press 2011) in 46 University of Richmond Law Review 659 (2012).
“A Bold Challenge to the Conventional Narrative on Formalism and Realism,” an essay review of Brian Tamanaha’s Beyond the Formalist-Realist Divide (Princeton Univ. Press), 46 University of Richmond Law Review.
“Innocent Threats, Concealed Consent and the Necessary Presence of Strict Liability in Traditional Fault-Based Tort Law,” 37 Pepperdine Law Review, (2010).
Professor Scordato’s papers listed with the eLibrary of the Social Science Research Network have been downloaded more than one thousand times as of April, 2011. Nearly 200 downloads were within the past 12 months, and Scordato’s work garnered 5,298 views of abstracts.
Top Ten Downloads
Book review: Brian Tamanaha’s “Beyond the Formalist-Realist Divide: The Role of Politics in Judging,” 46 University of Richmond Law Review 659 (2012)m, 89 times as of March 30, 2012. The book review has thus far made the Top 10 downloads for the following SSRN electronic journals: Political Theory, Political Philosophy, Continental Philosophy, Metaphysics, Critical Theory, Democratic Theory, Realism & Anti-Realism, Structure of Government & Political Theory, Law, Legal Reasoning & Legal Systems, Appellate Review, Law & Society: Civil Procedure, Courts, and Judges.
Paper: "Post-Realist Blues: Formalism, Instrumentalism and the Hybrid Nature of Common Law Jurisprudence," 90 times as of Dec. 30, 2010.
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