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May It Please The Artificial Intelligence: Experimental Ai-Authored Jurisprudence And Authentic Human-Authored Counterparts, Justin Huston, Thomas E. Simmons

South Dakota Law Review

Artificial Intelligence (AI) is rapidly intruding into many professions, from publishing and healthcare to engineering, graphic design, and the law. Law firms are adopting AI for discovery, factual summaries, and briefing. Many courts are embracing AI to streamline docket management and filings. Even some judges are experimenting with AI. This article describes an experiment with the use of an AI Judge to decide both an expert witness issue embedded in a South Dakota Supreme Court appeal and a South Dakota Circuit Court legal malpractice issue. We then compare the AI-generated opinion with the opinions penned by the Judge and Justice, …

Filling The Tribal Court Attorney Need Through Tribes Licensing Their Own Attorneys, Nicholas James Stamates

South Dakota Law Review

The need for attorneys in Indian country to fill the positions of tribal prosecutors and tribal public defenders in criminal cases is dire. There are many postings on jobs sites such as Indeed and Zip Recruiter for tribal prosecutor and tribal public defender jobs in the $60,000 to $90,0000 a year salary range constantly being reposted for months—even years. Simply put, the Tribes cannot fill these positions at the salaries they are willing to pay or can afford due to their rural locations. 2024 data from Bryce Drapeaux & Hannah Haksgaard published in the South Dakota Law Review showcased how …

Nothing To See Here. Yet. Ames V. Ohio Department Of Youth Services, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.

Sepulveda V. Buffum, 334 A.3d 98 (R.I. 2025)., Jack A. Burum

Roger Williams University Law Review

No abstract provided.

The Future Of Monetary Federalism: Rethinking Supremacy In The Stablecoin Era, Richard H. Fair

American University Business Law Review

[INTRODUCTION] In the summer of 2023, the State of Wyoming enacted a law authorizing its state treasurer to issue a blockchain-based, state-backed digital stablecoin known as the Wyoming Stable Token (“WYST”). Two years later, Congress passed the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act, GENIUS, or the Act), moving to establish a comprehensive federal regulatory regime for stablecoins. These dueling initiatives have sparked more than regulatory confusion; they have set the stage for a structural clash between state financial innovation and federal monetary supremacy. At the heart of this confrontation lies a question that the Constitution …

Preserving Platform Innovation With A Narrow Exception: Section 230(C)(1) Immunity For Algorithmic Recommendations, John "Jack" Di Masi

American University Business Law Review

This Comment examines Section 230(c)(1)’s immunity for online platforms that use machine-learning algorithms to recommend third party content and proposes a narrow exception for truly “bad-actor” cases. It reviews Section 230’s text, as well as its early cases, showing that Congress intended broad protection for editorial functions such as content organization. It then traces how recommendation algorithms evolved and how courts treat algorithmic sorting as a neutral tool. This Comment addresses conflicting interpretations and defends broad immunity for routine curation. This Comment argues that immunity should be stripped only after a balancing test under a three-factor “bad-actor” framework—one that evaluates …

Public Facing, Privately Shielded: The Employment Gap Created By Title Vii’S Private Club Exemption, Ansley Salmon

American University Business Law Review

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination by employers but exempts “bona fide private membership clubs” that are tax-exempt under Internal Revenue Code Section 501(c). Despite this seemingly clear statutory language, there is a notable lack of appellate decisions interpreting this exemption under Title VII. This scarcity of precedent has led to inconsistent approaches across circuits. For example, the Fifth Circuit has drawn heavily from the Private Club Exemption under Title II of the Civil Rights Act while the Seventh Circuit has treated the two exemptions as entirely distinct. This Comment argues that the Title …

In The Beginning There Was Positive Law: Section 25, Calder V. Bull, And Constitutional Continuity, Kevin C. Walsh

Scholarly Articles

From the beginning of its operation as fundamental law for the government of the United States, the Constitution has continually operated as supreme and judicially enforceable positive law. This is the principal claim I offer as an “original-law originalist” in response to contrary claims advanced by Professor Jonathan Gienapp in Against Constitutional Originalism: A Historical Critique. Gienapp argues in Against Constitutional Originalism that “[h]istoricizing the original Constitution . . . poses a foundational challenge to originalism as it has long been conceived.”2 Constitutional originalism depends on perceived continuity with the past. But the perception of constitutional continuity turns out to …

Qui Tam Relators As Article Iv Officials, Chad Squitieri

Scholarly Articles

Since the earliest days of the republic, Congress has empowered private plaintiffs—called qui tam relators—to bring claims in court on behalf of the United States. Today, qui tam litigation accounts for billions of dollars in judgments and settlements each year. But despite qui tam’s modern significance and historical pedigree, its constitutionality has recently been questioned. To wit, several sitting Supreme Court Justices have suggested that qui tam violates the President’s Article II authority because it empowers private relators—who are neither appointed nor supervised by the President—to enforce federal law. Following similar logic, a lower federal court recently ruled a prominent …

Machine Learning Prediction Of Federal Appellate Court Outcomes: A Multi-Circuit Analysis With Administrative Law Implications, Nicky Nuertey Apenahier

Dissertations and Theses

Federal appellate courts are the final arbiters in many cases, yet systematic machine learning analysis across all twelve circuits remains largely absent from the computational law literature. With courts of appeals deciding tens of thousands of cases annually and the Supreme Court reviewing only a fraction, understanding what predicts reversal outcomes has both theoretical importance and practical consequences for litigants, attorneys, and judicial administrators. This study addresses that gap using eleven years of federal appellate decisions from the Federal Judicial Center’s Integrated Database. A systematic comparison of twenty-five machine learning models, spanning five algorithms and five class-imbalance correction strategies, identifies …

Analyzing An Ai Summary Of An Executive Order, Natalie D. Ebolum

Open Educational Resources

This assignment asks students to critically analyze the Executive Order on Incarceration in Private Prisons by producing an independent summary of its intent, purpose, and implementation, along with best-practice recommendations for improving its effectiveness. Students then use the Grammarly AI Summary Tool to generate an alternative summary and compare it with their own analysis. Through structured self-assessment and revision, students evaluate differences in interpretation, identify gaps or insights, and reflect on the strengths and limitations of AI-assisted analysis. The assignment emphasizes critical policy analysis, ethical use of AI tools, and student-centered judgment.

Excluded At The Root: Health Insurance Discrimination Against Hair Loss Conditions, Stacey A. Tovino, Tracy Hresko Pearl

Faculty Articles

No abstract provided.

Sanctioning Lawyer-Criminals, John J. Lee

Faculty Articles

Until now there has been relatively little consideration given to disciplinary agencies’ sanctioning of lawyers who commit or are convicted of crimes, so called “lawyer-criminals.” This is likely because most assume that these offenders make up a tiny percentage of disciplinary cases. It also may explain why jurisdictions continue to employ disparate approaches regarding what types of criminal conduct warrant professional intervention, the appropriate sanctions to impose on lawyer-criminals, and whether lawyers convicted of certain offenses should be automatically excluded from practice.

This Article makes three primary contributions to the discourse on reforming professional lawyer regulation to protect the public …

Certiorari Transparency, Alexandra L. Klein, Michael L. Smith

Faculty Articles

Amid increasing controversy over the Supreme Court’s amassing of power, rejection of precedent, reliance on the shadow docket, and Justices’ undisclosed acceptance of lavish gifts, legal scholars, commentators, and politicians have called for bold and far-reaching reforms to the Court, including term limits for Justices, stripping the Court of jurisdiction in certain cases, and adding Justices to the Court. This Article proposes a more subtle reform to the Court’s proceedings: the Court should make its certiorari de-terminations, in which it decides which cases to take up and review, public. Currently, the Court exercises near-complete discretion over the cases it decides …

Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment, Sean Harrington, Hayley Stillwell

Faculty Articles

Can AI replace human jurors? More specifically, can large language models predict how jurors interpret evidence and reach decisions based on legally salient facts and demographic characteristics? As legal scholars and practitioners increasingly explore AI-generated jury simulations, this Article offers the first empirical test of whether models like GPT-4, Claude, and Gemini can faithfully replicate juror reasoning. The answer, for now, is no. Across a series of mock trial scenarios involving redacted confessions, GPT- 4, Claude, and Gemini repeatedly failed to replicate how real jurors interpret evidence or exercise judgment. Their errors were not random, but systematic. Hidden prompts, built-in …

Meat Is Dead, Melissa D. Mortazavi

Faculty Articles

The legal and cultural landscape surrounding meat in the United States is evolving as plant-based alternatives, GMO farm animals, and cell-cultivated meat move from test tube to table. While global demand for meat rises amid environmental, ethical, and resource challenges, cell-cultivated meat emerges as a scientifically viable alternative, offering identical nutritional value without the drawbacks of conventional livestock production. Despite federal regulatory approval from USDA and FDA, multiple states have enacted unusually restrictive laws—including bans— targeting cell-cultivated meat. These are motivated largely by economic protectionism, but also deeper cultural anxieties tied to tradition and identity. This Article argues that food …

What Is Terrorism?, Karl T. Muth, Alice Locatelli

Journal of Air Law and Commerce

Is Gotham's Joker a terrorist? What about a school shooter? As we approach the twenty-fifth anniversary of the 9/11 attacks, the United States still lacks a monolithic legal definition of 'terrorism,' creating a dangerous 'motive gap' between federal statutes. This Article analyzes the friction between the motive-heavy definition of 'domestic terrorism' in Title 18 (which includes a mens rea aspect) and the conduct-focused definition of 'terrorist activity' in Title 8 (which focuses on overt acts). Using the hijacking of Flight 93 and the Columbine shootings as case studies, we demonstrate how Title 18's political requirement creates a coverage void for …

Void In Space: How Loper Bright And The Major Questions Doctrine Affect The Federal Communications Commission’S Regulatory Authority Of Orbital Debris, Hernan Valles

Journal of Air Law and Commerce

Since the dawn of the space race, countries have been reaching for the stars. Recently, companies have joined the race. The space race and technological advancement of near-Earth orbital satellites have caused a buildup of debris in near-Earth orbit. The exponential increase of orbital debris in Earth’s orbit threatens the environmental system of the planet, the safety of astronauts aboard the International Space Station, the structure of other spacecraft, and modern economies relying on operational satellites to provide rapid communication, navigation, and weather forecasting information.

Yet there is a void among U.S. regulators in setting rules that mitigate orbital debris …

Essay – Rethinking The Fund Termination Sanction, Samuel R. Bagenstos

Case Western Reserve Law Review

No abstract provided.

Essay – When Disability Is Different: Reasonable Accommodations And Higher Education Dei, Katherine A. Macfarlane

Case Western Reserve Law Review

No abstract provided.

Discrimination Through The Direct Threat Defense: A Case Study Of Healthcare Providers With Hiv, Melinda R. Week

Case Western Reserve Law Review

No abstract provided.

Banned, Burned, And Bound: Increasing Protections Surrounding Students’ Right To Receive Information In K-12 Schools, Catherine A. Mcclure

Case Western Reserve Law Review

No abstract provided.

Data Sanctuaries: Rethinking Technological Progress To Preserve Federalism, Nathan S. Lee

Cardozo Journal of Equal Rights & Social Justice

Why are sanctuary states and cities in the present moment largely failing to protect immigrants and other vulnerable people from federal enforcement of an agenda based on mass deportation and fear? While federalism was painted during the Civil Rights Era as a weapon of states to protect policies of discrimination and segregation, federalism was also a powerful tool used by Northern States before the Civil War to resist Southern and federal laws enabling the dehumanizing capture and transport offugitive slaves (or suspected fugitive slaves). What has changed in the passing years to make federalism seem like such a thin concept, …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Plutocratic Public Safety, Erin R. Collins

Law Faculty Publications

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

The Oxymoron At The Heart Of Delaware's Making Elon Happy Legislation, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

Fearing that parties controlling corporations might incorporate elsewhere, Delaware has hurriedly enacted controversial legislation (SB-21) to reduce judicial scrutiny of dealings whereby such parties might further enrich themselves at the expense of public stockholders.

This article examines a basic problem with SB-21 that has been ignored in all the Sturm and Drang surrounding its enactment. Simply put, two key parts of the statute’s provisions addressing dealings by parties who control corporations are fundamentally at war with each other. These are the statute’s definition of controlling stockholder which focuses on the voting power to elect the directors and the statute’s provision …

Cybersecurity Risk Shifting, Deborah R. Farringer

Law Faculty Scholarship

This article analyzes the growing problem of ransomware attacks in the healthcare sector and evaluates the evolving legal frameworks used to address cybersecurity risks affecting patient data. The authors trace the rapid increase in ransomware incidents, driven in part by the rise of digital health records and cryptocurrency-enabled extortion, and highlight the significant operational and privacy harms resulting from such attacks. The article critically examines existing federal and state legal mechanisms—including statutes such as HIPAA, criminal fraud provisions, and emerging state-level immunity laws—and argues that current approaches are insufficient due to jurisdictional challenges, particularly the transnational nature of cybercrime and …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Research Collection Lee Kong Chian School Of Business

Modern Artificial Intelligence (AI) systems exhibit fluid agency in multi-step workflows: lacking human-like consciousness or culpability, yet they display behavior that is (i) stochastic (probabilistic and path‑dependent), (ii) dynamic (co‑evolving with user interaction), and (iii) adaptive (able to reorient across contexts). These properties generate valuable outputs but collapse attribution, irreducibly entangling human and machine inputs. Doctrines that assume traceable provenance—authorship, inventorship, and liability—fracture under this unmappability, yielding ownership gaps and moral “crumple zones.”This Article argues that only functional equivalence stabilizes doctrine under unmappability: Where provenance is indeterminate, legal frameworks should treat human and AI contributions as equivalent for allocating rights …

America’S Recount Addiction, Derek T. Muller

Book Chapters

Election recounts are costly and rarely change the results. By narrowing recount laws and relying on more precise safeguards, states can cut costs, deliver final results more swiftly, and reinforce public confidence in elections.

Imprint: NYU Global Access Publications, 2026, Open Access Since 2026.

Forget Me Not? Machine Unlearning’S Implications For Privacy Law, Jevan Hutson, Cedric Whitney, Jay T. Conrad

Articles

Generative AI systems are increasingly relied on and are already actively reshaping how we think about privacy and data protection law. Models ingest and process vast amounts of personal and sensitive data, challenging assurances of compliance with legal frameworks like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) with increasing intensity. Machine unlearning is an emerging tool in practitioners’ attempts to address these challenges: the act of selectively removing or suppressing specific data, such as personal data that a data subject requests be deleted, from AI models as means of complying with legal obligations or …