Digital Commons Network^™

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 …

The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster

Scholarly Works

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers …

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney

Books, Reports, and Studies

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down in disagreements about delivery obligations, sharing shortages, and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already being compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal Nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more …

Thirst For Data: State Responses To Data Center Water Use, Daniel Anderson, Sydney Stellato

Books, Reports, and Studies

No abstract provided.

Automated Writer And Acquisition-Condition Classification Of Digitally Captured Handwriting Using Statistical Dynamic Features And Support Vector Machines, Long-Huang Tsai, Hsiang-Ju Lai, Wen-Chao Yang, Jiajun Jiang, Chung-Hao Chen

Electrical & Computer Engineering Faculty Publications

Digitally captured handwriting preserves pen trajectories and dynamic signals, but it also records hardware- and input-dependent properties that can confound forensic interpretation. This study revises a support vector machine (SVM) screening framework using 16,500 samples from 30 writers, 11 writing-content categories, and five acquisition conditions spanning three tablets and stylus or finger input. Twenty-four raw and derived time-series variables were summarized by maximum, minimum, mean, median, and standard deviation, yielding 120 features; the mode statistic was removed. Writing direction and angular velocity were recalculated with atan2-based vector formulas. Unavailable device/API channels were encoded as zero, and Z-score parameters were estimated …

Dismantling The Whiteness Of Legal Education, Doron Samuel-Siegel

Law Faculty Publications

Whiteness is not merely a racial description. Whiteness operates as allegiance to structural racism. The quiet engine of racial hierarchy, whiteness pervades and shapes traditional legal education, rendering legal pedagogy a structurally racist enterprise. Legal education not only reproduces the racism embedded in the law and legal profession, but also obscures the ways legal doctrine, professional norms, and pedagogical practices normalize, protect, and make invisible the advantages that accrue to whiteness itself. In doing so, itproduces lawyers ill-equipped to dismantle structural injustice.

This Article breaks new ground in the scholarship on legal pedagogy by defining whiteness as it operates within …

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

The Influence Of Scale In Modeling Social Vulnerability And Disaster Assistance, Sina Razzaghi Asl, Oronde Drakes, Eric Tate, Samuel Brody, Wesley Highfield, Kayode Atoba

Political Science & Geography Faculty Publications

Understanding how social vulnerability relates to disaster impacts is critical for addressing social equity, yet the role of spatial scale in this relationship is often overlooked. Most studies use aggregated data, risking ecological fallacy-misinterpreting individual outcomes from group-level data. This study examines how spatial scale influences the relationship between social vulnerability and federal disaster assistance after Hurricane Harvey. Using spatial econometric models at both household and census tract levels, we assessed the strength of key vulnerability indicators in explaining disaster assistance. Results show that disability, housing tenure, household size, and income predict assistance at the household level, but their influence …

Constitutional Law: Constitutional Symmetry, Zachary S. Price

The Judges' Book

The United States is closely divided over politics, and these divisions have infected constitutional law. Conservatives, by and large, interpret the Constitution to protect religion, limit gun control, and obstruct federal administrative governance while allowing state-level regulation of moral questions like abortion. Progressives see a mirror-image constitution that advances social justice, confers broad federal power, and allows flexible administrative regulation while limiting state and local police authority and guaranteeing sexual and reproductive autonomy. As national politics have grown divided and polarized, achieving partisan goals through federal legislation has grown more difficult. The two parties have dreamed, in effect, of capturing …

Criminal Law: "Legally Magic" Words: The Accessibility Of Fifth Amendment Rights, Kate Weisburd

The Judges' Book

A basic but underappreciated problem pervades Fifth Amendment doctrine (including Miranda v. Arizona): people may know, in a broad sense, that they have the right to remain silent and to counsel, yet a deep disconnect exists between what ordinary people think is required to invoke those rights and what courts demand. Settled Supreme Court case law requires that the right to counsel and silence must be invoked clearly and unambiguously. In practice, those requirements have produced a body of law in which ordinary language and conduct often does not suffice to invoke either right, simply because the suspect did …

Criminal Law: Secretive Sheriffs: Opacity And Variation In California’S Jail Responses To Covid-19, Aparna Komarla, Hadar Aviram

The Judges' Book

Agnotology, a term coined by Robert Proctor and Iain Boal, is the study of culturally produced ignorance, which assumes that gaps in knowledge are not coincidental but rather reflect social values and interests. In this Chapter, we apply this context to a domain in which information gaps have life-or-death consequences: healthcare in county jails, and more particularly, the availability, or lack thereof, of COVID-19 data from California’s fifty-eight county jail systems.

Our argument is twofold: First, that public ignorance about jail healthcare conditions is not accidental but is instead the product of weak state oversight and a culture of noncooperation …

Employment Law: Governance And Guardrails: Artificial Intelligence And Low-Wage Workers, Seema N. Patel

The Judges' Book

“It’s like magic.” In August 2014, the New York Times reported on how Kronos scheduling software—which uses which uses real-time inputs, including weather forecasts, historical sales data, and nearby events, to predict customer traffic—had created a “chronic crisis over the clock” for Starbucks’s 130,000 baristas. For one barista, Jannette Navarro, the Kronos app controlled everything from how much sleep her four-year-old son might get to what groceries she could afford that month. The software was installed directly onto workers’ personal phones without consultation, negotiation, or notice. What seemed “like magic” to a Kronos executive wreaked havoc on workers’ lives.

A …

Daniel J. Meador Collection, University Of Alabama School Of Law

Manuscript Collections

The Daniel J. Meador Collection primarily consists of former dean of the University of Alabama School of Law Daniel Meador's materials for the preparation and publication of his book, Mr. Justice Black and His Books (1974).

Howell Thomas Heflin Collection, University Of Alabama School Of Law

Manuscript Collections

The Howell Thomas Heflin Collection documents Heflin's years as legal reformer and Alabama State Supreme Court Chief Justice, as well as his tenure as United States Senator through press clippings, scrapbooks, speech files, audiotapes, videotapes, press releases and statements, newsletters and various printed materials, photographs, negatives, campaign materials, and memorabilia.

Two Dogmas Of Free Speech Doctrine, David R. Dow

Oklahoma Law Review

No abstract provided.

From Chevron To Chaos: How Loper Is Redefining The Future Of Health Privacy, Skylar Johnson

Oklahoma Law Review

No abstract provided.

Anti-Slapp Confusion: Should Federal Courts Permit Interlocutory Appeal For Anti-Slapp Motions?, Mitchell L. Grantham

Oklahoma Law Review

No abstract provided.

A Preemptive Strike Against The Misinterpretation Of The 2023 Amendment To Federal Rule Of Evidence 702(D): The Importance Of Preserving The Requirement For A Showing That The Expert Has Properly Applied His Or Her Methodology, Edward J. Imwinkelried

Oklahoma Law Review

No abstract provided.

The Best Of Both Worlds: How Artificial Intelligence Can Balance Precision And Flexibility In Article 9 Search Logic, Lindsay Martin Mayes

Oklahoma Law Review

No abstract provided.

Abortion And State Taxes: Unexpected Parallelism, Eric Smith

Oklahoma Law Review

No abstract provided.

Statutory Interpretation In The Oklahoma Supreme Court: Making The Case For Modified Textualism, Mahak H. Merchant

Oklahoma Law Review

No abstract provided.

Hardwiring Hercules?, Courtney M. Cox

Faculty Scholarship

It is time to reorient the debate over the right to a human decision. Within that debate, the strongest arguments in favor of human decisionmakers are Arguments from Explanation: AI technology is increasingly and necessarily opaque, and so machines should not replace human decisionmakers because machines cannot give the required explanations. Or so the humanist argument goes. Meanwhile, machinists argue that most humanist principles have been deflated by the Better Decision Argument, which reframes such principles as grounding not a right to a human decision, but merely to a “better” decision— whether by human or machine.

This Article turns that …

Should Statutory Interpretation And Contract Interpretation Be Harmonized?, Ethan J. Leib

Faculty Scholarship

This paper develops four case studies about how states have harmonized or separated their statutory interpretation regimes and their contract interpretation regimes.  After exploring the choices of Texas, Alaska, New York, and Alabama—all of which take different approaches to their lumping or splitting—the paper seeks to make state courts more aware of what their options are; to help states think about whether their commitments to formalism or contextualism make sense to apply in both domains; and to help them evaluate their meta-choices about whether to bring their interpretive regimes closer together or further apart.

Memory And Authority Of Failed Constitutional Amendments, Julie C. Suk

Faculty Scholarship

When the original public meaning of any constitutional provision is enforced, guarantees of rights that were adopted before women were included in legal rights may appear illegitimate and inadequate for a 21st-century democracy. Originalists have long pointed to Article V amendment as the legitimate path to changing the Constitution. Jack Balkin’s Memory and Authority points to the importance of expanding American constitutional memory if women and minorities are to be included in the transhistorical “We the People.” This Essay illustrates how the memory and authority of failed constitutional amendments can challenge originalists’ reliance on amendment as the path to democratically …

Pragmatic Conceptualism, Public Nuisance, And The American Opioid Litigation, Benjamin C. Zipursky

Faculty Scholarship

Public nuisance as a part of American tort law has been as high profile in the first decades of this century as products liability law was in the last several decades of the 20th century.  The American opioid litigation over the past decades is a spectacular example, filling headlines and generating billions of dollars of settlements.  There is a plausible argument, however, that the doctrinal core of the opioid litigation is meritless because there simply is no “interference with public right” as required by public nuisance law.  The first aim of the article is to articulate and assess that argument. …

Court Review: Journal Of The American Judges Association, Vol. 62, No. 1, Eve M. Brank, David J. Dreyer, Reba Ann Page, Ana Cienfuegos-Silvera

Court Review: Journal of the American Judges Association

Contents

Creating “Buy-in” for Juvenile Restorative Justice Programs: Lessons from Nebraska’s Community Mediation Centers, Kristen M. Blankley, Lisa M. PytlikZillig, and Ashley M. Votruba

Consensus and Conflict Over Context: Select Criminal Law and Procedure Cases from the Supreme Court’s 2024-25 Term, Eve Brensike Primus and Elena Schultz

In the Shadow of Trauma: Opportunities and Obstacles of Restorative Justice with Young People Who Offend, William R. Wood

Restorative Transitional Justice: The Judicial Role in Colombia’s Peace Tribunal, Gabriel Rojas-Andrade

Editor’s Note: Restorative Justoce: Repairing Harm, Rebuilding Community, Eve Brank

Thoughts from Canada: Restorative Justice Through Prohibition on Arrest, Wayne K. Gorman …

Trial By Character, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results of …

1981, Carliss N. Chatman

Faculty Journal Articles and Book Chapters

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Chat M.D., Nathan Cortez

Faculty Journal Articles and Book Chapters

Large language models (LLMs) such as Claude and ChatGPT are the most powerful artificial intelligence (AI) systems ever created, and they are being used to diagnose and treat patients. But LLMs have been shown to be unreliable, unpredictable, and unsafe on occasion. New AI guidelines recommend hundreds of standards, such as ‘transparency’, ‘trustworthiness’, and ‘safety’. But there is deep uncertainty whether these are sufficient. The literature focuses mostly on which standards best suit AI models, not on how to transmute standards into law. This article does that by considering AI guidelines as a starting point, then evaluating whether existing frameworks …