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Breaking The Cycle: Rethinking Bar Exam Scoring And Portability For Nextgen Examinees, Steven Foster, Nachman Gutowski

Scholarly Works

The development of the NextGen Bar Exam presents a crucial opportunity to address longstanding challenges in both bar exam scoring and portability concerns. The reliance on recent graduates' performance on the Uniform Bar Examination (UBE) as a baseline for setting future standards is flawed due to relative scoring and scaling. In addition to concerns regarding how the future bar exam is scored, there are also concerns regarding how the new scoring metric on the NextGen bar exam will be used for portability and, more specifically, what will happen between 2026 and 2028 as the NextGen bar exam is progressively adopted …

"Women’S Language" In Supreme Court Oral Arguments, Carolina Nunez, Lucy Williams, David Wingate, Aerin Christensen, Anna Mae Walker

University of Colorado Law Review

No abstract provided.

Assuming Accent: Recognizing The Intersection Of Race And National Origin In Title Vii Discrimination, Eun Hee Han

University of Colorado Law Review

No abstract provided.

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.

Renegotiating The Energy Transition, Hannah J. Wiseman, Jennifer Baka, Kaitlyn Spangler

University of Colorado Law Review

No abstract provided.

Borders And Belonging: Keynote Address At The 2025 Ira C. Rothgerber Jr. Conference On Immigration & National Borders, Hiroshi Motomura

University of Colorado Law Review

No abstract provided.

The Crimmigrators, Juliet P. Stumpf

University of Colorado Law Review

No abstract provided.

The Canonical-Legal Status Of Autocephaly And Autonomy In The Context Of Pan-Orthodox Dialogue, Ivan Yovchev

Occasional Papers on Religion in Eastern Europe

Historical procedures for granting autonomy and autocephaly are not strictly standardized in canonical law and often rely on local traditions, agreements, and specific historical-political circumstances. This leads to a diversity of practices – from unilateral tomoses (decrees) of autocephaly issued by the mother church to decisions supported by a broader pan-Orthodox consensus. At the pan-Orthodox level, the question of how new autocephalous and autonomous churches are proclaimed has been under discussion since the Pan-Orthodox preparatory commissions of the 20th–21st centuries. Preparatory documents envisage the need for a pan-Orthodox agreement, with autocephaly to be granted through a tomos signed by the …

Cheap Violence: Weapons And The Law, Joseph Blocher, Darrell A. H. Miller

Public Law and Legal Theory Working Papers

A primary task of law is to control violence. Nearly every imaginable rule-of-law value depends on the success of that endeavor, and some of the most foundational works in legal and political theory begin with an effort to understand the relationship between law and violence. Many of those works were written during periods where the lines between law and violence were blurred, and current threats to the rule of law have sparked renewed interest in the structural interactions between law, violence, and the state.

Missing from this discussion has been a comparably deep analysis of the relationship between law and …

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …

Patrimonial Constitutionalism, Aziz Z. Huq

Public Law and Legal Theory Working Papers

The means and the ends of federal power are experiencing a sea-charge. Pardons are freely granted—but only to political allies or political foes who might be coaxed into switching sides. Baseless federal criminal investigations are opened against other political foes. Probes into allies’ corruption are abandoned. Independent federal agencies responsible for defending the public sphere use their regulatory authority to openly advance politically allied voices, while stifling criticism of those in power. Federal money is explicitly wielded as cudgel and bribe to induce partisan loyalty. These and similar ways of flexing federal power add up to more than the sum …

Slicing Spontaneity, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

The First Amendment, Federal Employees, And The War On The “Deep State”, Sonja Starr

Public Law and Legal Theory Working Papers

This essay analyzes, from a First Amendment perspective, the second Trump administration’s efforts to align the federal workforce with its ideological preferences. The administration has broad powers to reshape the executive branch’s policy priorities and its messaging. But as I show with examples across the civil, military, and foreign services, it has gone beyond exercising those powers, retaliating against and restricting employees’ protected private speech and incorporating viewpoint- based conditions into hiring. These actions reflect a constitutional vision that stretches existing limits on public employee rights and, for many employees, subordinates those rights entirely when they conflict with purported Article …

The Prehistory Of The Interim Docket, Aditya Bamzai, Samuel L. Bray

Public Law and Legal Theory Working Papers

Did the Supreme Court issue stays of lower court judgments before the modern era? This Essay explores the underappreciated history of the Supreme Court’s issuance of interim relief. As we show, the Supreme Court has relied on a wide variety of statutory and common law authorities to issue stays long before the recent controversies attending the “shadow” or “interim” docket. This history demonstrates that the Court has always had authority to fashion interim relief of some kind. More- over, it supports the conclusion that the Supreme Court’s authority under the All Writs Act exists even when a more specific statutory …

Agglomerama, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Redundant Public-Private Enforcement, Zachary D. Clopton

Public Law and Legal Theory Working Papers

Redundancy is a four-letter word. According to courts and scholars, redundant litigation is costly, unfair, and confounding. Modern civil procedure has a (nearly) maximalist preference for centralization, and various rules seek to limit duplicative suits within and across court systems. This seemingly dominant view stands in marked contrast to the reality of the modern regulatory state. Redundant public-private enforcement, in which public and private actors have overlapping authority to enforce the law, is ubiquitous. Redundant enforcement also is noticeably underrepresented in the substantial literature on private and public enforcement, which typically treats government agencies and private attorneys general as substitutes …

Investigation Expenses, Ryan Vacca

Faculty Publications

Misappropriating trade secrets is usually done in secret. After all, those taking another’s trade secret in violation of state and federal law rarely openly tout their misdeeds. As a result, trade secret owners do not always immediately realize that their trade secret has been misappropriated and must spend significant resources investigating whether misappropriation has occurred and, if so, by whom and to what extent.

An important question frequently arising over the last several years but overlooked in the scholarly literature is whether a trade secret owner’s investigation expenses are recoverable as “actual loss” under state and federal trade secret laws. …

Artificial Intelligence, Judicial Evolution, And Insurance, Renee Henson

Faculty Publications

AI-driven platforms have the potential to inflict traditional injuries in new ways. Proprietary algorithms trained on large volumes of personal data can cause mental, emotional, and sometimes physical injuries via conversational exchanges, harmful content recommendations, and the promotion of extremist content. This "algorithmic liability" fundamentally challenges existing legal doctrines and statutory protections, thereby exposing deficiencies in current insurance coverage frameworks. 

Historically, courts dismissed algorithmic liability claims early in litigation, invoking Section 230 immunity and First Amendment protections, and resisted classifying algorithmic tools as "products" for the purposes of products liability law. Recent jurisprudence, however, signals a critical turning point. On …

Reclaiming Homeowner Wealth: A Conversation With Barry, Fried, And Hatfield, Prentiss Cox

Articles

Homeowners in the United States pay residential real estate brokers commission rates that are about twice as high as the commission charges by brokers in comparable countries. Given the enormous size of the residential home sale market—both in aggregate terms and as a percentage of wealth owned by the average homeowner—this cost discrepancy results in U.S. homeowners transferring tens of billions of dollars each year to brokers that would be saved in a more competitive and fair market. In Et Tu, Agent? Commission-Based Steering in Residential Real Estate (“Et Tu?”), Jordan M. Barry, Will Fried, and John William Hatfield provide …

Abortion On The Move: Navigating The Fractured Reproductive Healthcare Landscape, Kim D. Ricardo

UIC Law Open Access Faculty Scholarship

No abstract provided.

From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Follow The Money: A Historical And Bibliometric Reflection On The Rise Of Law And Economics, 1970-2025, Scott H. Dewey

Articles

From roughly 1970 to 2010, law and economics rose from the margins to a dominant position in American legal academia, accompanied by a dramatic increase in citations to law and economics scholarship. Citation analysis is often treated as a proxy for intellectual merit, but that assumption becomes questionable when ideas are advanced through systematic, well-funded, and sustained promotion aimed at serving specific political and economic interests. This study examines the right-wing funding networks that supported the rise of law and economics and analyzes the resulting bibliometric patterns in legal scholarship. By tracing these financial and citation dynamics, the study argues …

2025 Sumner Canary Memorial Lecture: Perspectives On Judicial Restraint In Modern Originalism, Honorable Patrick Bumatay

Case Western Reserve Law Review

No abstract provided.

Balancing The Barre: Judicial Approaches To The Analysis Of Copyright Infringement Claims Of Choreographic Works, Sylvia R. Ofoma

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Missing Constitutional Law Of Executive Conditions, Nicole Huberfeld, Matthew B. Lawrence

Faculty Articles

This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from bilateral executive/legislative cooperation and compromise in federal spending to executive unilateralism in defiance of congressional control—has forced courts into the administration of federal spending like never before. As a result, judges have been forced to confront legal questions that remained mostly dormant during the era of executive/legislative cooperation, including questions about the constitutionality of efforts to encourage through spending conditions what the federal government cannot mandate (or has not mandated) directly, like speech or silence on particular …

The Paradox Of Intellectual Property At The U.S. Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

The Supreme Court is dramatically more politically polarized in the Roberts Court era, and the justices have been criticized for highly ideological and partisan decision-making. Yet, we show that there is one area of law that is becoming less ideologically divided and predictable: intellectual property (IP). In an earlier study, we showed that, prior to the Roberts Court, IP case outcomes were predictable based on judicial ideology, with more conservative justices embracing IP rights, as they do for real property. In the last two decades, IP has become more influential on the economy and society, through the increasing dominance of …

China’S Shift Towards Data Openness: Integrating Security With Trade In Cross-Border Data Transfer, Yichen Huang

Michigan Technology Law Review

As the world's second-largest economy, China's stringent cross-border data transfer laws have deterred numerous multinational investments. To address this issue, China has prioritized data openness in its legislative agenda. The passage of the Provisions on Facilitating and Standardizing Cross-Border Data Transfer (the “New Cross-Border Data Transfer Regulation”) in March 2024 marked a significant milestone in this effort. Despite this progress, investors continue to express concerns about enforcing the new law. This article analyzes these recent legal developments and argues that they signal the government's determination to relax data control measures. China's stance is shifting from prioritizing security over trade to …

An Originalist Interpretation Of Article Iii Permits And Favors Bivens Actions As A Recognition Of The Intrinsic Connection Between Rights And Remedies, Shrivathsan Margam S

Mitchell Hamline Law Journal of Public Policy and Practice

The Bivens Doctrine, which stands for the principle that judges may infer private causes of action for money damages against federal officers from a constitutional text that does not expressly create such remedies, has faced attack from Originalists on the Supreme Court of the United States. Every case seeking to extend the Bivens principle to a new context meets rejection from the Court with concurrences calling for overturning it altogether. This Article will argue that an Originalist approach to interpreting the Constitution, specifically the Original Methods subset of the ascendant lens of Original Public Meaning, permits and counsels in favor …

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …

Could Have Seen That Coming: New York State Department Of Health Taken To Task For Failing To Provide Proper Oversight Of Medicaid Managed Care Provider Networks, Lance Plunkett Jd, Llm

The New York State Dental Journal

A recent audit conducted by the Office of the New York State Comptroller (OSC) found that the New York State Department of Health (NYSDOH) oversight of Medicaid managed care healthcare provider networks was largely illusory and a paperwork sham. This raises the much larger question of whether Medicaid managed care is really serving the population of Medicaid patients. It is already almost a given that it is not serving healthcare providers well.