Digital Commons Network^™

Response: Foreign Affairs Prosecutions And Cybercrime, Mailyn Fidler

Law Faculty Scholarship

A response to Professor Steven Koh's new article on how the U.S. makes global criminal justice policy. Prof. Fidler examines what a decade of cybercrime indictments reveals about America's approach to prosecuting foreign hackers. Three things stand out: * Beyond Attribution - These indictments aren't just about naming and shaming, or about the typical dimensions of criminal alw. They're sophisticated foreign policy tools that coordinate and moderate international sanctions and global norms. * Intertwined with Cooperation - The indictments alternately create space for and slow the tempo of international cooperation on this issue, according to U.S. interests. * Power Projection …

Equality In Sentencing Mitigation, John B. Meixner Jr.

Fordham Law Review

As guilty-plea rates have skyrocketed, sentencing has become an increasingly important part of criminal procedure. With judges often wielding significant discretion at sentencing, a key question is how judges interpret mitigation: evidence about the defendant’s background or the case that supports a reduced sentence. Past empirical research—both experimental and in real-world cases—indicates that mitigation plays an important role in determining sentences. But does mitigation help everyone, or does it reinforce inequalities that frequently infect other areas of criminal procedure? Do low-income Black defendants with appointed counsel benefit from sentencing mitigation as much as wealthier White defendants with private attorneys? Do …

Reclaiming Bodily Autonomy Through Gullah Geechee Natural Healing, Tamaray Yvonne White

Electronic Theses and Dissertations

In today’s sociopolitical climate, restrictive reproductive laws continue to disproportionately target Black women, reinforcing historic patterns of racialized and gendered oppression. This thesis argues that Black women will recommence their usage of traditional herbal healing as both a survival strategy and an act of reclaiming bodily autonomy in defiance of hostile legal, financial, and medical systems. The Gullah Geechee community serves as a blueprint for this transition, offering cultural continuity, intergenerational knowledge, and a model for community-based healthcare and resistance. By tracing the historical necessity of herbal medicine among Gullah Geechee women, this study situates ancestral natural healing within contemporary …

The High Cost Of Law School Casebooks, Jeffrey Bellin

William & Mary Bill of Rights Journal

Commentators have forecasted the demise of high-priced commercial casebooks for two decades. Yet little has changed. This Symposium Essay explores the headwinds facing free and low-cost books in the law school casebook market. It suggests that the biggest problem is “casebook selection inertia.” Given the centrality of the assigned casebook to a typical law school course, professors face strong incentives to make a safe choice from among the leading casebooks—typically those published by the handful of established academic presses who set the highest prices. These choices stick, not only determining the book that will be used for that professor’s future …

Expanding The Foreign National Prohibition To Combat Russian Interference In U.S. Elections, Hailey Arnett

William & Mary Bill of Rights Journal

In 2016, the Russian government purchased political advertisements from U.S. social media companies like Facebook to sway the U.S. presidential election. These purchases violated the foreign national prohibition (“the Prohibition”), which Congress codified as part of the Federal Election Campaign Act Amendments of 1974 (FECA). This Note explains why Congress should expand the Prohibition to capture the recipients of independent expenditures that violate the Prohibition and fine people who run online platforms that receive independent expenditures or contributions made by foreign nationals in violation of the Prohibition.

Part I describes current U.S. case law on domestic and foreign campaign finance …

University Of Baltimore Law Review, Volume 54, Issue 3, Winter 2025

University of Baltimore Law Review

No abstract provided.

Toward An Equitable Legal Marijuana Market In Maryland: Assessing Development Strategies, Jasmine L. Tyler

University of Baltimore Law Review

No abstract provided.

The "Case" To Increase Access To Justice In Copyright Law: A Closer Look At The Copyright Claims Board, Anne Clevenger

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review, Volume 55, Issue 1, Winter 2026

University of Baltimore Law Review

No abstract provided.

Over The Legal Limit: One State’S Attempt To Control Abortion Healthcare Access Outside Its Borders, Wendy Heipt, William Mitchell, Kelly O’Neill

University of Baltimore Law Review

No abstract provided.

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

University of Baltimore Law Review

No abstract provided.

Miscarriage Of Democracy: What Happened In Arkansas, Florida, Nebraska, And South Dakota To Defeat Abortion-Related Ballot Measures In 2024, Deborah Machalow

University of Baltimore Law Review

No abstract provided.

From Quid Post Quo To Quid Pro Quo: Toward An Evidentiary Standard For 18 U.S.C. § 666 After Snyder, Luke Henkel

University of Chicago Law Review

This Comment addresses a question left unanswered by the Supreme Court’s recent decision in Snyder v. United States. Snyder held that the federal funds bribery statute, 18 U.S.C. § 666, covers only bribes, not gratuities. That is, an agreement to exchange payment for an official act by a state or local government official is criminally prohibited (if the official’s agency receives a certain amount of federal funding). But § 666 does not prohibit payments made after official acts so long as there was no agreement to conduct a quid pro quo exchange beforehand. Thus, the key issue in cases with …

Who Counts As A "Reasonable Employee"? The Third Circuit's Bungling Of Section 8(A)(1) Violations, Ben Milstein

Washington Law Review

The National Labor Relations Act (NLRA) protects private employees’ right to unionize and collectively bargain with their employers. Section 7 of the NLRA guarantees employees the right to self-organize labor unions, while section 8 outlines numerous unfair labor practices. Specifically, section 8(a)(1) bans employer interference, coercion, or restraint of any section 7 rights. In a 2022 case, FDRLST Media v. NLRB, the Third Circuit Court of Appeals reversed a National Labor Relations Board (NLRB) finding that FDRLST Media’s executive officer’s tweet constituted a section 8(a)(1) violation. This Comment examines the history of section 8(a)(1) violations, specifically discussing the widely …

The Reasonability Rule For Medical Damages In Tort: In Defense Of Chargemaster Recovery, Avery E. Tunstill

Washington Law Review

In a personal injury suit, Washington law requires the plaintiff to prove that their medical costs are reasonable to recover damages for those costs. Tort reform proponents attempt to use this reasonability rule to limit tort damages awards. They argue that a plaintiff should only recover a portion of a hospital’s bill because most people do not pay a hospital’s sticker price—or the “chargemaster rate”—for medical care. Some reformers argue that recovery rates should instead be based on a set figure. Others argue in favor of eliminating the collateral source rule, which prohibits juries from reducing tort damages awards in …

The Supreme Court Of India's Use Of Inherent Power Under Article 142 Of The Constitution: An Empirical Study, M. P. Ram Mohan, Sriram Prasad, Vijay V. Venkitesh, Sai Muralidhar, Jacob P Alex

National Law School of India Review

The Constitution of India under Article 142 grants the Supreme Court of India broad inherent powers to do complete justice. The contours of these inherent powers and what it means to achieve complete justice were left to the Supreme Court to determine on its own. In this paper, we empirically examine all the Supreme Court cases from its inception in 1950 till 2023 which use the term “Article 142” or “complete justice.” We found 1579 cases, which were then hand-coded for many variables such as the nature of the case, where the case was appealed from, the temporal distribution, the …

2025 Cardozo Law Library Annual Report, Dr. Lillian & Dr. Rebecca Chutick Law Library

Library Annual Reports

This annual report presents an overview of the Dr. Lillian & Dr. Rebecca Chutick Law Library’s activities and accomplishments during the 2024–2025 fiscal year. It includes highlights on research instruction, faculty and student services, collections management, classroom technology, scholarly communications, and strategic priorities for 2025–2026.

Social Media Participation And Scholarly Success In Law, Julian Nyarko, David E. Pozen

Faculty Scholarship

Using a novel dataset on Twitter activity as well as a novel corpus of law journal publications, this paper examines the impact of social media activity on the scholarly success of U.S. law professors. We find that joining Twitter increases citation counts by an average of 22% per year and improves article placements by up to 10 ranks for law professors, relative to a synthetic control group. These positive returns apply across nearly all classes of scholars and are magnified for those who post frequently about their own work. The identified citation boost would be even larger than 22% if …

One Size Does Not Fit All: Contract Design In Fintech Lending, Jianfeng Hu, Changcheng Song, Gloria Yang Yu

Research Collection Lee Kong Chian School Of Business

Many fintech lenders rely on standardized contract terms to support scale and operational speed. This paper examines whether modest tailoring of loan contracts can improve credit market outcomes. We conduct a randomized field experiment with a large fintech lender that varies loan due dates relative to borrowers' salary paydays. Synchronizing repayment schedules with income cycles reduces delinquency by 29.1% in the experiment and 15.7% in the administrative data. Effects concentrate among liquidity-constrained borrowers: young, low-income, and low-creditlimit individuals. Tailored repayment timing generates substantial economic benefits: borrowers save on overdue penalties, lenders accelerate cash flows, and improved repayment increases future credit …

Solving Professors' Dilemmas About Prohibiting Or Promoting Student Ai Use, John Lande

Faculty Publications

Faculty face difficult dilemmas as law students increasingly use generative artificial intelligence (AI) tools like ChatGPT.  Should faculty prohibit student use of AI in course work, allow it within limits, or actively encourage it to build professional skills?  Because students already use AI tools, faculty must respond.  Doing nothing can undermine core educational goals.

This article offers practical strategies for addressing these dilemmas.  These strategies are designed to promote learning, uphold academic integrity, and prepare students for an evolving legal profession.  This article outlines two broad approaches:  restricting unauthorized AI use and promoting responsible, supervised use.  It provides concrete suggestions …

An Analysis Of Policies Impacting Ex-Offenders And The Barriers Created In Their Transition Into Society: A Qualitative Metasynthesis, Thomas A. Ayala

Theses & Dissertations

In 2018, more than six million people in the United States were under correctional supervision, including incarceration, probation, or parole, equivalent to 1 in 40 adults (Maruschak & Minton, 2020). While this reflects a decline from previous years, prison populations reversed course in 2022, increasing by 2% nationwide, with 36 states and federal facilities reporting higher inmate counts (Nellis, 2024). Since 1973, policy shifts have fueled the rise of mass incarceration (Nellis, 2021; O’Brien, 2020). According to the Pew Center, the United States remains a global outlier, holding 5% of the world’s population, but incarcerates 25% of the 9 million …

Incorporating Ai Into The Contract Drafting Process: A Classroom Exercise, Kristen V. Hardy

UF Law Faculty Publications

I recently read the Three Blind Drafts: An AI-Generated Classroom Exercise, by Margie Alsbrook and Ashley Chase. I was trying to create an AI-related assignment for my spring contract drafting class. The article inspired me to attempt a conceptually similar assignment in an AI contract drafting exercise. This article will summarize Alsbrook’s and Chase’s original idea and describe how I adapted it for the contract drafting classroom; the student outcome; and my thoughts about what I would do differently the next time I attempt the assignment.

Private Equity And A.I. In Healthcare: A Perilous Pairing For Patient Privacy, Eunice Park

Hofstra Law Review

The American healthcare system faces two trends that not only threaten the quality of health care, but which, combined, exacerbate another threat: the threat to patient privacy. The first of the two trends is the rapid expansion of private-equity acquisitions in the healthcare sector in the last decade, continuing the trend of medicine's corporatization. Decisions increasingly are being made by investors motivated by short-term profit, rather than by doctors motivated by clinical care, compromising healthcare delivery. The second trend is the simultaneous incursion in the healthcare industry of The American healthcare system faces two trends that not only threaten the …

Diamonds Are Forever The Consumer's Worst Enemy: The Failure Of The Kimberley Process To End The Trade Of Conflict Diamonds, Sadie Mehr

Hofstra Law Review

No abstract provided.

Shielding Freedoms: State Noncooperation In Hunts For Evidence And People, Mary D. Fan

Washington Law Review

The nation is fracturing into a patchwork of rights and punishment. What some states and localities safeguard as rights, other jurisdictions are criminalizing and punishing. As the divides in rights and punishment deepen, some states are becoming sanctuaries for freedoms penalized elsewhere and enacting shield laws prohibiting cooperation with criminalization and punishment states. A prime example is shield laws protecting people seeking to exercise reproductive rights or obtain gender-affirming care. Major jurisdictions for healthcare and technology-related businesses, such as Washington, California, New York, and Massachusetts, have enacted shield laws that prohibit law enforcement and companies from complying with subpoenas seeking …

Freedom Of Expression In Next-Generation Computing, Brittan Heller

UC Law Journal

Extended reality (XR)—the integration of virtual, augmented, and mixed reality technologies—creates immersive, embodied, and behaviorally integrated forms of communication that challenge traditional understandings of freedom of expression. While XR offers new opportunities for creativity, civic engagement, and cross-cultural participation, its immersive nature introduces risks of censorship, surveillance, biometric profiling, algorithmic manipulation, and inequitable access.

This Article situates XR within the framework of European human rights law. It begins by identifying the technical and psychological features that distinguish XR from conventional platforms, particularly presence, immersion, and embodiment, which transform speech into multisensory and interactive experiences. It then evaluates how existing legal …

Masthead

UC Law Journal

No abstract provided.

What Is The Measure Of Success For A Constitutional Law Casebook?, Erwin Chemerinsky

William & Mary Bill of Rights Journal

In this Essay, I want to address four topics: how I came to write my constitutional law casebook; my goals for my Constitutional Law class and how the book facilitates achieving them; the challenges in writing a constitutional law casebook; and thoughts about the future of constitutional law casebooks.

There are many different constitutional law casebooks on the market because there are countless different ways of teaching the subject. There is no right way or best way to teach this or any other subject in the law school curriculum. I am describing my approach to teaching a subject that is …

Teaching Firearms Law: One Big Opportunity And Three Pedagogical Challenges, Joseph Blocher, Jacob D. Charles, Darrell A.H. Miller

William & Mary Bill of Rights Journal

The U.S. Supreme Court’s groundbreaking 2008 decision in District of Columbia v. Heller ushered in a new era for the Second Amendment: one in which the right to keep and bear arms, long dormant as a matter of practical impact and even “embarrassing” as a matter of legal scholarship, vaulted into the front ranks of constitutional law. The Court itself has only revisited the Amendment a few times since then—albeit once by revolutionizing the doctrine. Meanwhile, lower courts have issued thousands of decisions giving shape to the right, while scholars have generated work that is increasingly deep, diverse, and challenging. …

What Should A Constitutional Law Casebook Be?, William Funk

William & Mary Bill of Rights Journal

What is the purpose of a “casebook”? It is not a “hornbook,” designed to summarize or explain the law in a specific area, generally aimed at law students or lawyers to provide a straightforward statement of the law. It is not a “treatise,” a comprehensive, systematic exposition of the law in a particular field, involving an in-depth analysis and interpretation of the law. And it is not a “study aid,” supplementary material designed to help students do better in their classes. It is the book used by professors in their classes. For professors of constitutional law, it is a tool …