2019-2021 Law and Business Entrepreneurship Fellows

Tal Kastner, 2019-2021 Jacobson Fellow

Tal Kastner

Tal has been the Jacobson Fellow in Law and Business at New York University Law School since 2019. She was an Acting Assistant Professor of Lawyering at NYU Law from 2016-2019.

Her research focuses on contract law and the operation of legal language in social and historical context. She has published articles on contract, law and society, as well as other topics in the Georgetown Law Journal, Law and Social Inquiry, and SMU Law Review, among other publications. She is currently writing a book entitled The Age of Boilerplate: Agreement and Agency in American Law and Literature about the role of standard contract language in shaping the idea and experience of freedom in the United States. 

Tal holds a J.D. from the Yale Law School, a PhD from Princeton, and a B.A. with honors from the University of Pennsylvania. She practiced at Cleary Gottlieb Steen & Hamilton LLP, advising clients on a range of transactional matters, including corporate law, regulatory compliance, securities law, and mergers and acquisitions. In addition, she has taught as a Lecturer at Princeton, and as an Adjunct Assistant Professor at Baruch College, The City University of New York (CUNY), and was a Postdoctoral Fellow of Law and Interdisciplinary Studies at Cardozo Law School.

Following law school, she served as a law clerk for President Aharon Barak and Justice Dalia Dorner of the Supreme Court of Israel. 

 

Selected Publications:

Form Contracts, in  OXFORD HANDBOOK OF LAW AND HUMANITIES (Maksymillian Del Mar, Bernadette Meyler & Simon Stern eds., 2020). [link

Boilerplate: Deconstructing the Fiction of Contract, in FICTIONAL DISCOURSE FICTIONAL DISCOURSE AND THE LAW (Hans Lind ed., 2020  [link]

Contract Creep, 107 GEO. L.J. 1277 (2019) (with Ethan Leib). [link]

Policing Narrative, 71 SMU L. Rev. 1117 (2018) (reprinted in  The Legal Writing Institute Monograph Series on Legal Justice (2020)). [link]

Deviance in Nineteenth Century American Law and Culture, in ROUTLEDGE RESEARCH COMPANION TO LAW AND THE HUMANITIES IN NINETEENTH CENTURY AMERICA (Simon Stern & Nan Goodman eds., 2017). [link]

“I'm Just some Guy”: Positing and Leveraging Legal Subjects in Consumer Contracts and the Global Market, 23 IND. J. GLOBAL LEGAL STUD. 531 (2016). [link]

“Bartleby”: A Story of Boilerplate, 23 LAW & LITERATURE 365 (2011). [link]

The Persisting Ideal of Agreement in an Age of Boilerplate, 35 LAW & SOC. INQUIRY 793 (2010). [link]