Michal Buchhandler-Raphael
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buchhandler.bsky.social
Michal Buchhandler-Raphael
@buchhandler.bsky.social
810 followers 330 following 42 posts
Associate Professor of Law @WidenerLawCW, Criminal law, Family Law, Evidence, writes on gender-based violence, domestic and sexual violence legal reforms, alternatives to policing. An immigrant.
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Reposted by Michal Buchhandler-Raphael
benmcjunkin.bsky.social
So excited to announce that my latest article, “Reckless Accomplices,” will be published by Northwestern University Law Review!

The article critiques a trend of expanding criminal causation and instead calls for a new statutory form of accomplice liability.

SSRN: papers.ssrn.com/sol3/papers....
February 16, 2026 at 4:50 PM
buchhandler.bsky.social
So glad to see that this terrific paper has found such a wonderful home! Congrats, @justinnyls.bsky.social ! 🎉
justinnyls.bsky.social Justin Murray @justinnyls.bsky.social · 2d
Now forthcoming in the Virginia Law Review, my latest work rethinks how information should get shared in criminal cases, and why we need to look beyond the celebrated Brady doctrine if we are serious about improving the fairness of criminal discovery. 🧵🔽
justinnyls.bsky.social Justin Murray @justinnyls.bsky.social · Aug 16
New paper alert!

My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers....

Still a work in progress—would love your thoughts.

It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵
February 16, 2026 at 1:29 AM
Reposted by Michal Buchhandler-Raphael
kovarsky.bsky.social
My paper, Habeas and the 1948 Judicial Code, is forthcoming in the Stanford Law Review (@stanlrev.bsky.social).

I argue that the 1948 Judicial Code, not the 1867 Habeas Corpus Act, should be the statutory focus for inquiry into the scope of habeas review.

papers.ssrn.com/sol3/papers....
February 9, 2026 at 1:18 PM
buchhandler.bsky.social
Such a terrific piece! I thoroughly enjoyed reading it! Congrats, @itayravid.bsky.social ! 🎉🎉
itayravid.bsky.social Itay Ravid @itayravid.bsky.social · 14d
Another new article of mine is officially out: “(Re)Individualizing Criminal Law,” (67 B.C L. Rev. 255 (2026): lnkd.in/eR9eF7Fv Abstract 👇 & v. short 🧵
1/6
February 3, 2026 at 11:54 PM
Reposted by Michal Buchhandler-Raphael
dorfmandoron.bsky.social
🚨🚨🚨New article with @jennoliva.bsky.social, forthcoming in @uclalawreview.bsky.social Discourse: Veteran Disability Hierarchies. Now on @ssrn.bsky.social! On disability as mitigation in veterans’ treatment courts and the politics of service-connected compensation: papers.ssrn.com/sol3/papers....
Veteran Disability Hierarchies
American disability law purports to operate on principles of equality, yet it consistently distinguishes between worthy and unworthy disabled individuals based
papers.ssrn.com
January 26, 2026 at 10:31 PM
buchhandler.bsky.social
Huge congrats, @yeargain.bsky.social ! Looking forward to reading! 🎉🎉🎉
yeargain.bsky.social Quinn Yeargain @yeargain.bsky.social · Jan 16
I'm very happy to share my latest article: "Textual (In)Difference in State Search-and-Seizure Provisions" (forthcoming in the Northwestern University Law Review). I survey textual changes in state search/seizure provisions and show that the textual distinctions have little effect on case outcomes.
TEXTUAL (IN)DIFFERENCE IN STATE SEARCH-AND-SEIZURE PROVISIONS 121 NW. U. L. REV. (forthcoming 2026) The Roberts Court, like two conservative courts before it, continues to push state courts and state constitutions into the limelight. As existing federal rights erode, and as opportunities for the recognition of new rights fade away, litigants once again have incentives to take their claims to state court where possible and to push for formal constitutional change. It’s the same story now as it was in the 1970s, when new judicial federalism first emerged, but the focus has shifted from criminal procedure to civil rights. But what of criminal procedure? In its quest to usher in originalist jurisprudence, the Supreme Court has already adopted one test for a protection in the Bill of Rights that valorizes “history and tradition”: the Bruen (or is it Rahimi?) test for the Second Amendment. It may do so for other parts of the Bill of Rights, including the First Amendment 1 and the criminal procedure protections in the Fourth, Fifth, and Sixth amendments, which would render state constitutional litigation even more important.2 Yet state court independence from federal jurisprudence did not disappear after the 1970s. State courts have rejected Supreme Court decisions in a variety of areas of criminal procedure, even if these rejections have been disproportionately concentrated in certain states and areas of search-and-seizure jurisprudence.3 These decisions continue apace today,4 even if they receive less scholarly attention now than they once did. To the extent that state courts feel they must justify their departure from Supreme Court caselaw and doctrines,5 or simply as a means of determining what their provisions mean, they might consider textual variations between their constitutions’ search-and-seizure protections and the Fourth
January 16, 2026 at 7:41 PM
Reposted by Michal Buchhandler-Raphael
itayravid.bsky.social
Breaking my partial social-media hiatus w/3 new papers:
Missing Children Discrimination (Wis. L. Rev 2025(4)) w/ Tanisha Brown— shorturl.at/5rl86 abstract 👇)
Anti-Holistic Algorithms (forth. Vanderbilt L. Rev)
(Re)Individualizing Criminal Law (forth. B.C. L. Rev)
More soon on SSRN—comments welcome!
November 26, 2025 at 10:42 PM
Reposted by Michal Buchhandler-Raphael
johnpfaff.bsky.social
I have a new piece up at @msnownews.bsky.social, on the recent NJ supreme court case banning shaking baby syndrome evidence, using it to discuss both the generally shoddy nature of all forensic evidence but also the legal profession's on-going refusal to confront our current data-driven world.
Opinion | New Jersey's ban on 'shaken baby syndrome' claims in court points up a larger problem in the legal system
John Pfaff: The state Supreme Court ruling underscores how thin empirical support is for much of the forensic evidence used in criminal cases.
www.ms.now
November 25, 2025 at 2:38 PM
buchhandler.bsky.social
Such a well-deserved recognition of Professor @maybell.bsky.social ‘s groundbreaking work! Huge congratulations, Dean Romero! 🎉🎉
October 30, 2025 at 4:14 PM
Reposted by Michal Buchhandler-Raphael
dorfmandoron.bsky.social
I am just thrilled to have my new article Third-Party Accommodations officially out @michlawreview.bsky.social! The MLR editors were a pleasure to work with and sharing the same volume as @kovarsky.bsky.social & Daniel Fryer is the cherry on top. Read it: repository.law.umich.edu/mlr/vol124/i...
Third-Party Accommodations, Doron Dorfman Abstract Does disability rights law impose an obligation on employers, schools, and other places of public accommodation to control the behavior of coworkers, students, or other third parties to accommodate an individual with disabilities? This Article examines that unexplored legal question and shows that the law frequently fails to protect people with disabilities from the choices and behaviors of third parties. Judges often consider these major barriers to access beyond the reach of the Americans with Disabilities Act’s reasonable accommodation mandate. This Article argues that this problem results from improperly imposing the privity paradigm, a doctrine that limits the inquiry about the reasonableness of an accommodation relative to the relationship between the first party (the disabled individual) and the second party (the employer or other entity covered by the Americans with Disabilities Act). Using disability studies, legal theory, and political economy analysis, this Article shows how a narrow interpretation of the reasonable accommodation mandate has failed to adapt to our modern understanding of disability as a complex interaction between the impairment and the social environment. To address the issue, this Article introduces a new theory of third-party accommodations, which would require others to alter or cease behaviors to accommodate an individual with disabilities. This Article then suggests a normative framework that courts can use to analyze cases involving requests for third-party accommodations, including the factors that judges should balance to determine the reasonableness of a request. In highlighting the need to move beyond a constricted interpretation of reasonable accommodation, this Article imagines a new horizon for disability justice.
October 28, 2025 at 6:43 PM
Reposted by Michal Buchhandler-Raphael
widenerlawcw.bsky.social
Professor @buchhandler.bsky.social spoke with @pennlive.com about the evidentiary challenges in prosecuting rape cases. She explained that PA law limits the use of other sexual assault evidence, though it can sometimes be admitted to show intent, plan, or lack of mistake. tinyurl.com/2jcrdw9v
October 20, 2025 at 8:56 PM
buchhandler.bsky.social
"Legal Moralism in Disguise in Child Custody Cases" is forthcoming in Family Law Quarterly (FLQ). Morality hasn’t disappeared from family courts but has taken on new rhetorical forms with courts judging parents’ choices on moral grounds w/o evidence of harm to child.
papers.ssrn.com/sol3/papers....
Legal Moralism in Disguise in Child Custody Cases
<p>Conventional wisdom is that family law has moved away from morality-based decision-making, with moral questions left more to individuals than to the courts.
papers.ssrn.com
September 29, 2025 at 4:31 PM
Reposted by Michal Buchhandler-Raphael
dorfmandoron.bsky.social
Thrilled to be giving a talk on The Limits of the ADA’s Duty to Accommodate @oneillinstitute.bsky.social (@georgetownlaw.bsky.social) & the Georgetown Program in Disability Studies tomorrow (Sep. 25) at 5 pm. If you’re around, please join us. Details below 👇
A poster for the talk: The Limits of the ADA: Exploring the Duty to Accommodate in Law & Society by Doron Dorfman, Thursday, Sep. 25 at 5 pm at the Riggs Library - Healy Hall. ASL interpreted. A photo of a man with dark hair and glasses smiling alongside a photo of signing the ADA into law.
September 24, 2025 at 2:19 PM
Reposted by Michal Buchhandler-Raphael
dorfmandoron.bsky.social
Thrilled to be hosting the 20th Annual Colloquium on Scholarship in Labor & Employment Law (COSELL) at Seton Hall Law tomorrow & on Saturday (Sep. 19-20). Over 70 legal scholars come to discuss cutting edge work on work! Check out the program: law.shu.edu/events/annua...
Annual Colloquium on Scholarship in Employment and Labor Law (COSELL) - Seton Hall Law School
law.shu.edu
September 19, 2025 at 12:31 AM
Reposted by Michal Buchhandler-Raphael
gilatjbachar.bsky.social
Thank you @lsolum.bsky.social for recommending my new piece, Coercive Settlements, recently published with the George Washington Law Review! @templelaw.bsky.social
lsolum.bsky.social Lawrence Solum @lsolum.bsky.social · Sep 8
Bachar on Coercive Settlements, buff.ly/XDJ1lDZ - Gilat Juli Bachar (Temple University - James E. Beasley School of Law) has posted Coercive Settlements (93 George Washington Law Review 733 (2025)) on SSRN.
Bachar on Coercive Settlements
Gilat Juli Bachar (Temple University - James E. Beasley School of Law) has posted Coercive Settlements (93 George Washington Law Review 733 (2025)) on SSRN. Here is the abstract: Can civil…
buff.ly
September 8, 2025 at 12:28 PM
buchhandler.bsky.social
11 years after the horrific murder of Professor Dan Markel, a brilliant criminal law scholar and a wonderful human being, the woman who orchestrated his killing is finally behind bars. Justice is served. RIP Danny.
cnn.com CNN @cnn.com · Sep 5
Donna Adelson, the matriarch of a wealthy South Florida family, has been convicted in the murder-for-hire plot to kill her former son-in-law.

Read more: https://cnn.it/48045h9
September 5, 2025 at 1:03 AM
Reposted by Michal Buchhandler-Raphael
dorfmandoron.bsky.social
Thrilled to have my work on Third-Party Accommodations (forth. @michlawreview.bsky.social) featured on the Chemical Sensitivity Podcast (@podcastingmcs.bsky.social) that amplifies voices of people with Multiple Chemical Sensitivity (MCS) & research about the illness. Take a listen: shorturl.at/RbT4e
An add for the chemical sensitivity podcast: light green background with a photo of a middle aged man with dark hair with glasses. Stating Professor Doron Dorfman MCS and Third-Party Accommodations.
August 25, 2025 at 11:16 AM
Reposted by Michal Buchhandler-Raphael
dorfmandoron.bsky.social
Thrilled that my book chapter, "Mask Shaming: On Private Enforcement and Disability Politics," in print as part of the important @nyupress.bsky.social book Regulating the Body: Autonomy, Control, and the Broken Promise of Equality in American Law, ed. by the legendary Austin Sarat & Susanna Lee! 1/3
A calico cat next to a book called Regulating the Body Autonomy, Control, and the Broken Promise of Equality in American Law Edited by Austin Sarat and Susanna Lee .The cover is black with a statue of lady justice with mask and gloves. A calico cat next to a book called Regulating the Body Autonomy, Control, and the Broken Promise of Equality in American Law Edited by Austin Sarat and Susanna Lee .The cover is dark grey with a statue of lady justice with mask and gloves. The table of content for the book Regulating the Body Autonomy, Control, and the Broken Promise of Equality in American Law Edited by Austin Sarat and Susanna Lee . Abstract: Wearing face masks has been an important strategy to mitigate the spread of COVID-19. Yet this practice has also been highly politicized since the beginning of the pandemic. In this chapter, I explore how shaming tactics—the stigmatization and public disgrace of the norm violator—have been used to regulate masking. This strategy highlights how mask policies in the U.S. have depended on private enforcement throughout all stages of the pandemic; that is, enforcement by laypeople rather than public entities. I trace this phenomenon through early, top-down mask mandates, to the present moment, after universal mask mandates have been lifted, and masking has shifted to become an individualized disability accommodation. While paying close attention to how norms about mask wearing intersect with gender and race, I highlight dichotomous approaches to private, ideologically-driven, enforcement of public health policy: as the Right has doubled down on shaming people for wearing masks, people in the disability community have reacted by enforcing mask wearing in public spaces and holding people who they see as members of the in-group (activists and allies) accountable. This chapter thus contributes to the legal debate on shaming as a law enforcement tactic, as well as to the understanding of how disability law plays out in everyday life.
August 18, 2025 at 9:44 PM
Reposted by Michal Buchhandler-Raphael
maybell.bsky.social
It’s sooooooo good, y’all! If I were a law review editor I’d really want to snap this up for publication.
justinnyls.bsky.social Justin Murray @justinnyls.bsky.social · Aug 16
New paper alert!

My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers....

Still a work in progress—would love your thoughts.

It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵
<i>Brady</i><span>'s Shadow</span>
<p><i>Scholars have spent sixty years documenting </i>Brady v. Maryland’<i>s failures—its materiality standard that licenses suppression of exculpatory evidence
papers.ssrn.com
August 16, 2025 at 3:09 PM
buchhandler.bsky.social
Had a terrific time presenting my new project "A Reasonable Fear Defense in Failure-to-Protect prosecutions" at #CrimFest. I advocate for legislatures to adopt an affirmative defense for defendants charged with homicide-by-omission when they reasonably feared escalation of harm if they intervened.
July 16, 2025 at 8:50 PM
buchhandler.bsky.social
Second that!!! It was so great to see you, Ben!
benmcjunkin.bsky.social Ben A. McJunkin @benmcjunkin.bsky.social · Jul 15
Just wrapped up my first CrimFest! I had a fabulous time and met so many terrific young scholars. Many thanks to @cbhessick.bsky.social and @hashtagblevin.bsky.social for organizing, and Penn Carey Law for hosting!
July 16, 2025 at 12:35 AM
buchhandler.bsky.social
An amazing honor and recognition for a brave survivor. A role model for all rape and sexual assault survivors. Her courageous choice to waive her anonymity has changed the legal landscape for many survivors of gender-based violence. #StopSexualViolence #MeToo
www.bbc.com/news/article...
Gisele Pelicot awarded France's Legion of Honour - BBC News
Pelicot was named knight of the Legion of Honour on a list announced ahead of France's Bastille Day.
www.bbc.com
July 13, 2025 at 6:51 PM
buchhandler.bsky.social
Congratulations, @profnroemer.bsky.social !
dorfmandoron.bsky.social Doron Dorfman @dorfmandoron.bsky.social · Jun 26
So proud of my wonderful Seton Hall Law colleague @profnroemer.bsky.social for her important work Equity for American Indian Families now in the Minnesota Law Review! And her inscription on my reprint is spot on 🤣 Take a read: minnesotalawreview.org/article/equi...
A photo of the reprint for Equity for American Indian Families by Neoshia Roemer in the Minnesota Law Review The inscription that says: To Doron: For the next time you wonder why I can’t visit the City, please remember how long this Article is! Thanks for your support! -Signed Neoshia R. Roemer
June 26, 2025 at 7:16 PM
buchhandler.bsky.social
Thank you, @SSRN for highlighting my work.
Check it out in the link 👇
ssrn.bsky.social SSRN @ssrn.bsky.social · May 20
Compassionate Undercharging: this article argues for prosecutorial leniency towards victimized offenders.
http://spkl.io/63320f28OY
@buchhandler.bsky.social #LawSky
Judge's gavel
May 20, 2025 at 6:08 PM
Reposted by Michal Buchhandler-Raphael
daniellecitron.bsky.social
Excited to share our latest article (with the amazing @jonpenny.bsky.social and @shoreingber.bsky.social) “The Chilling Effects of Dobbs” in Florida Law Review. The piece grew out of Jon’s creative study and our broader work together on intimate privacy. Here www.floridalawreview.com/article/1381...
May 14, 2025 at 3:43 PM