SelectedWorks - Dan Subotnik

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Selected Works of Dan Subotnik

Professor of Law

Admitted to the bar of New York; Certified Public Accountant (C.P.A.), State of Illinois. Professor Subotnik worked in the investment banking field before undertaking teaching positions in law and business at, variously, Northwestern University College of Law; the University of Illinois, Chicago; Santa Clara University School of Law; Seton Hall University School of Law; and the University of Chicago Graduate School of Business. Professor Subotnik has written on a wide range of legal and non-legal topics, including taxation, accounting, torts, gender and race relations, academic research, and the regulation of sexuality.

Works
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About Dan Subotnik

Admitted to the bar of New York; Certified Public Accountant (C.P.A.), State of Illinois. Professor Subotnik worked in the investment banking field before undertaking teaching positions in law and business at, variously, Northwestern University College of Law; the University of Illinois, Chicago; Santa Clara University School of Law; Seton Hall University School of Law; and the University of Chicago Graduate School of Business. Professor Subotnik has written on a wide range of legal and non-legal topics, including taxation, accounting, torts, gender and race relations, academic research, and the regulation of sexuality.

Present	Professor of Law, Touro University Jacob D. Fuchsberg Law Center
Institution Organization Position Type Position Title Time Period to Options Current Position Affiliate my profile with this Institution

Law, Accounting Law, Other Law, Taxation-Federal, and Taxation-Federal Estate and Gift

Income & Estate Taxation
Trusts and Estates
Accounting for Lawyers
Race, Gender and the Law

Touro Law
Touro College Jacob D. Fuchsberg Law Center
225 Eastview Drive
Central Islip, NY, 11722
Email: dans@tourolaw.edu
Phone: 631-761-7006
Room: 313C

Email:

Toxic Diversity: Race, Gender and Law Talk in America (Dan Subotnik) (2005)

Toxic Diversity offers an invigorating view of race, gender, and law in America. Analyzing the work of preeminent legal scholars such as Patricia Williams, Derrick Bell, Lani Guinier, and Richard Delgado, Dan Subotnik argues that ...

Articles (30)

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique of Meera E. Deo’s “Unequal Profession: Race and Gender in Legal Academia” (Stanford University Press 2019) (Dan Subotnik) Touro Law Review (2021)

This essay tests Professor Meera Deo’s unsettling assertion that “implicit bias” in law schools is holding minority female and, to a lesser extent minority male, faculty back. It then presents her second, and more provocative ...

The Slippery Discourse of Sexual Consent: Feminist Acumen and Feminist Excess (Dan Subotnik) Touro Law Review (2021)

The Kavanaugh confirmation hearings, the Harvey Weinstein case, and the Jeffrey Epstein case have done us a valuable service. By focusing mass media attention and academic discourse on consent to sex and on assault, they ...

Why Not Believe Women in Sexual Assault Cases?: An Engagement with Professors Tuerkheimer, Colb, and Many Others (Dan Subotnik) Touro Law Review (2018)

The Simple Meaning of Stop Signs: A Response to Professor William Nelson (Dan Subotnik) Touro Law Review (2017)

A Law Review Editor and Faculty Author Learn to Speak Honestly (Dan Subotnik) Touro Law Review (2016)

Tyranny of the Meritocracy?: A Disputation over Testing with Professor Lani Guinier (Dan Subotnik) Touro Law Review (2015)

Contesting a Contestation of Testing: A Reply to Richard Delgado (Dan Subotnik) 9 U. Mass. L. Rev. 296 (2014)

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme ...

Race Indeed Above All: A Reply to Professors Andrea Curcio, Carol Chomsky, and Eileen Kaufman (Dan Subotnik) 9 U. Mass. L. Rev. 278 (2014)

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme ...

Scholarly Incentives, Scholarship, Article Selection Bias, and Investment Strategies for Today's Law Schools (Dan Subotnik and laura ross) Touro Law Review (2014)

Testing, Discrimination, and Opportunity: A Reply to Professor Harvey Gilmore (Dan Subotnik) 135 Seattle J. Social Justice 57 (2014)

This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme ...

Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning (Dan Subotnik) 8 U. Mass. L. Rev. 332 (2013)

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important ...

Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System (Dan Subotnik) 45 Akron L. Rev. 883 (2012)

Peacemaking & Provocation: A Response to Professor Tracey Jean Boisseau (Dan Subotnik) 45 Akron L. Rev. 941 (2012)

Do Law Schools Mistreat Women Faculty? Or, Who’s Afraid of Virginia Woolf? (Dan Subotnik) 44 Akron L. Rev. 867 (2011)

Are Law Schools Racist? - Part II (Symposium: Deconstructing Race: When Reasonable Minds Differ) (Dan Subotnik) 43 U.S.F.L. Rev. 761 (2008)

Are Law Schools Racist?: A "Talk" with Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ) (Dan Subotnik) 43 U.S.F.L. Rev. 227 (2008)

Copulemus in Pace: A Meditation on Rape, Affirmative Consent to Sex, and Sexual Autonomy (Dan Subotnik) 41 Akron L. Rev. 847 (2008)

“Hands Off”: Sex, Feminism, Affirmative Consent, and the Law of Foreplay (Dan Subotnik) 16 S. Ca. Rev. L. & Soc. Just. 249 (2006)

Bah, Humbug to the Bleak Story of Women Law Faculty: A Response to Professor Neumann (Dan Subotnik) 51 J. Legal Educ. 141 (2001)

The Cult of Hostile Gender Climate: A Male Voice Preaches Diversity to the Choir (Dan Subotnik) 8 U. Chi. L. Sch. Roundtable 37 (2001)

Seeing Through "The Glass Ceiling": A Response to Professor Angel (Dan Subotnik) 50 J. Legal Educ. 450 (2000)

Critical Race Theory – The Last Voyage (Dan Subotnik) 15 Touro L. Rev. 657 (1999)

Deconstructing the Rejection Letter: A Look at Elitism in Article Selection (Dan Subotnik and Glen Lazar) 49 J. Legal Educ. 601 (1999)

Goodbye to the SAT, LSAT? Hello to Equity by Lottery? Evaluating Lani Guinier’s Plan for Ending Race Consciousness (Dan Subotnik) 43 How. L.J. 141 (1998)