Digital Commons Network^™

The “Sweetest Sounding” Words Of Civil Rights: A Labor Origin Story Of The “Right To Work”, Thomas A. Castillo

History

This essay revisits the idea of “right to work” by offering historical context of Florida’s passage of its 1944 right to work constitutional amendment. A brief overview of the history of the term right to work and its contested nature indicates how the phrase likely led to confusion especially in the arena of political economy. A close evaluation of the amendment and its incongruent nature reveals the intent of its proponents was to deceive voters with the “sweetest sounding” words of civil rights while weakening their ability to organize labor unions. The history of safeguarding the free market entailed disciplining …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Articles

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

The Origins Of "The Rule Of Law", Jeremy K. Kessler

Faculty Scholarship

This Article offers a novel account of the origins of “the rule of law” in the English-speaking world. The phrase itself likely entered the language as a literal translation of the Latin regula juris. Prior to the early seventeenth century, however, the phrase appears to have been used exclusively to refer to the specific legal rule or maxim most relevant to the resolution of a particular kind of dispute. The more general and abstract use of the phrase – to refer to an ideal of political morality or an ideal type of governance – first appeared in the public …

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

Legislatively Inhibiting Children's Development Of The Mens Rea To Commit Genocide During Adulthood, Susan H. Bitensky

University of Florida Journal of Law & Public Policy

This Article concerns how legislatures in America are stanching development of the criminal intent to commit genocide. Lawmakers have taken aim at genocide, not through the barrel of a gun, but, rather, by imbuing schoolchildren with values and psychological attributes that gradually counteract development of a génocidaire’s mens rea. Of course, sans mens rea, sans perpetration of this, the “crime of crimes.”

The counteractant process is the result of joining a substantively targeted pedagogy with the force of law so as to create state genocide-education mandate statutes. There has been a certain prescience in this. Accumulating expert opinion, studies, and …

Louisiana's Ten Commandments Statute: With Litigation Updates From Arkansas And Texas, Carl H. Esbeck

Faculty Publications

Legislators in conservative states are drawn to a belief that the Ten Commandments [“10/Cs”] underscore American’s moral, jurisprudential, and historical heritage. First the State of Louisiana, and thereafter Arkansas and Texas, enacted legislation requiring the posting of the 10/Cs in every public school and university classroom in the state. This quickly brought on legal challenges by students and their parents, along with a smattering of local clerics, together contending that these laws were unconstitutional, most prominently violations of the Establishment Clause. State attorney generals leaped to defend these statutes making the facial assertion that the 10/Cs are not so much …

A Video Guide For Teaching Law Students To Use Ai Wisely, John Lande

Faculty Publications

This article introduces a video that provides practical guidance about using artificial intelligence (AI) in legal education.  It presents a basic introduction to AI and describes how law students and faculty can benefit from tools like ChatGPT.  Because many students already use AI on their own, the video emphasizes the need to teach them how to use it wisely and responsibly.  The video also includes demonstrations showing how faculty can use AI to develop new simulations and how students can use it to prepare for them.  This article provides links to the video, PowerPoint slides, the chat transcript, and related …

The Use Of Ai In Canadian Courts, Shaughnessy Dow

Dalhousie Journal of Legal Studies

Like many other fields, there has been growing discussion about the potential benefits of AI for the law. In light of the Federal Court’s interim principles and guidelines on the use of AI, this paper considers whether AI applications can assist the judiciary with its decision-making function. In doing so, it starts by considering the role that judges play in our legal system, finding that they are often called upon to consider and weigh information with human, emotional qualities and to assess the broader policy implications of their legal rulings. This paper concludes that the optimism of proponents of AI …

A Framework For Interpreting Emojis In Legal Contexts, Anne Merritt

Dalhousie Journal of Legal Studies

In the 2023 case of South West Terminal Ltd. v. Achter Land & Cattle Ltd., a Saskatchewan court found that a thumbs-up emoji, as a standalone item of communication, constituted the acceptance of a contract between a buyer and seller. The trial judge noted that such communication was “the new reality in Canadian society” for which courts should be prepared to interpret novel units of language arising in the digital age. However, an analysis of recent Canadian cases involving emojis shows that courts have not been prepared, with inconsistencies in how emojis are represented in evidence, how they are …

The Reverse Onus At Bail For Intimate Partner Violence: An Unconstitutional And Ineffective Measure, Ella Peterson

Dalhousie Journal of Legal Studies

The recently adopted reverse onus at bail for repeat intimate partner violence is a piece of performative legislation that is ineffectual and may harm those it seeks to protect. Part I of this paper provides an overview of intimate partner violence in Canada in order to contextualize s. 515(6)(b.1) of the Criminal Code. Part II is a Charter assessment of the reverse onus provision at issue, focusing on sections 7 and 11(e). Part III concludes with a critique of the effectiveness of the reverse onus, which fails to address the root causes of intimate partner violence.

A Quiet Privilege: Garrity, Internal Investigations, And The Need For A Preference Of Silence Among Public Employees, Jacob Abel

University of Florida Journal of Law & Public Policy

When a public employee is asked to testify against themselves or face termination, they are presented with a trilemma. They may choose to respond to questions falsely, answer truthfully, and suffer criminal sanctions, or remain silent and lose their job. In Garrity v. New Jersey, the Supreme Court resolved this trilemma by ruling that, when a public employee is compelled to answer questions, the Fifth Amendment grants the employee immunity for their testimony. The Supreme Court “solved” the trilemma again, in Gardner v. Broderick, by saying that an employee who is fired for invoking their Fifth Amendment right …

Ai Governance In China: A Tale Of Three Digital Empires, Charles C. Wang, Siyi Lin, Xia Wu, Yiman Li

UC Law SF International Law Review

Since 2021, China has strategically expedited artificial intelligence (AI) legislation and refined algorithmic governance to compete with the US and the EU. The rapid growth of algorithm filing cases is a direct result of the “Made in China 2025” Initiative which prioritizes AI development driven by domestic leading tech companies like DeepSeek. As world-class digital powers, China, the US, and the EU diverge in their categorization of AI risks and adoption of regulatory measures. China’s centralized single-agency regulatory infrastructure differs from the multi-agency and decentralized governance models in the US and the EU, respectively. China does not impose the same …

The Latin Exclusion: Examining The Eu And The White House’S Policy Favoritism Toward Migrant Sending Latin American Nations While Punishing Similar Pressures Globally, Nicolas Garon

Notre Dame Journal of International & Comparative Law

Too often, negative perceptions of a country, whether from its government or a few citizens, result in broad restrictions applied to all nationals, either formally through policy or informally through officials’ discretion. A global norm persists in which nationals from poorer countries facing migratory pressures are subjected to heightened scrutiny and restrictive measures that deter movement to wealthier nations. Regardless of how liberal a receiving country may claim to be, states consistently adopt conservative stances on migration. Western nations, as primary destinations, often impose the harshest measures, such as travel bans and additional visa requirements, frequently based on speculative migration …

On Unions, Resistance, And The Supreme Court: What I Learned From Being Wrong After Janus, Aaron Tang

North Carolina Law Review

No abstract provided.

The Deletion Remedy, Daniel Wilf-Townsend

North Carolina Law Review

No abstract provided.

De Minimis Doesn't Belong Here: Footnote Nine's Potential Consequences For The Future Of Individual Rights, Alex Rivenbark

North Carolina Law Review

No abstract provided.

Private Equity And The Public Good, Daniel J. Morrissey

Buffalo Law Review

Private Equity (PE) is a term for large funds that use mostly borrowed money to buy and restructure companies, supposedly to make them more profitable. They manage trillions of dollars in holdings and have come to dominate many sectors of our economy, often not for the better. Private Equity is perhaps a more genteel form of the hostile take-overs that were so prevalent several decades ago, because now instead of ousting management of the firms they acquire, Private Equity offers their officials sweet deals to stay on. Those arrangements often raise conflicts which result in the shareholders of the target …

27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act (Powerpoint Slides) 08-01-2025, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Correcting Antitrust Monopsony Theory And Addressing Anticompetitive Conduct In Low-Skill Labor Markets, Grimes, Warren

Santa Clara Law Review

Addressing growing income inequality in the United States should begin with the plight of low-skilled workers, many subject to below subsistence income and stressful and dangerous working conditions. Antitrust cannot offer a comprehensive solution to this problem. It can, however, meaningfully contribute to a solution in two ways. The first is to adjust the classic definition of monopsony to address the special conditions that apply to unskilled labor markets and to clear away obstacles to meritorious antitrust claims. Under classic theory, a monopsonist lowers input prices causing some input providers to stop supplying. That premise, while it may hold for …

Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis

All-Inclusive List of Electronic Theses and Dissertations

Juvenile delinquency tends to be higher in single-parent households (Kroese et al., 2021). Research investigating this phenomenon has found conflicting results on whether a juvenile has lower rates of delinquency with a custodial father (paternal hypothesis), custodial mother (maternal hypothesis), or whether gender is secondary to other factors. Similarly, some studies found that the interaction of the juvenile living with a same-gendered parent was associated with lower levels of delinquency. Further complications include how parental variables, such as behavioral control and support levels, may interact with the juvenile and custodial parent gender (Hoeve et al., 2009). The current study utilizes …

Delayed & Denied: How One Court's Interpretation Of Emtala Obstructs Emergency Abortion Care & Threatens Women's Health, Christina Dalton

University of Florida Journal of Law & Public Policy

This Note addresses whether EMTALA preempts state abortion bans in the context of a medical emergency. Part I provides background information on the Dobbs decision and how states responded, discusses the Department of Health and Human Services’ interpretation of EMTALA’s preemptive effect, and introduces the competing district court cases. Notably, the analysis of these district court cases focuses on the relevant state abortion bans as they existed at the time of each decision. Part II discusses EMTALA, specifically Congress’ intent in enacting the statute and the obligations it imposes on hospitals and physicians. Part III then provides an overview of …

J Mich Dent Assoc August 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The August issue marks the end of digital only publishing, as the MDA announced it will provide members a bimonthly print issue along with monthly digital distribution. This issue includes:

• A cover feature on the impact on the dental community of the recently adopted Big Beautiful Bill federal budget
• Mandibular Lingual Concavity Evaluation Using CBCT
• A reprinted clinical feature from New York on …

Considering The Concept Of Law In The Legal Singularity, Matthew Tse

Canadian Journal of Law and Technology

This review article engages with the idea of a ‘‘legal singularity”, which has been developed by Abdi Aidid and Benjamin Alarie in their book, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better.

The legal singularity describes a legal system in the future that harnesses algorithmic computation to facilitate a ‘‘stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand”. Aidid and Alarie believe algorithmic computation will achieve this promise in an interdependent dual process. On one hand, algorithms will structure the law with conceptual standardization. …

Redressing The Harm Of Accelerated Approval, Laura Karas

Articles

The accelerated approval pathway of the United States Food and Drug Administration (FDA) enables drugs to come to market more quickly than would be possible under a traditional FDA approval pathway. Accelerated approval is based upon the agency's determination that changes in a surrogate or intermediate clinical endpoint are "reasonably likely" to predict a clinical benefit meaningful for patients. In essence, the pathway affords sick patients earlier access to potentially beneficial drugs while trials to confirm clinical benefit continue. Accelerated approval has been likened to a social compromise in which promising drugs enter the market sooner in exchange for a …

Ai In The Judiciary: The Singapore Case, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

This paper examines the integration of Artificial Intelligence (AI) within the judicial system of Singapore. Singapore's judiciary has embraced AI not as a tool for adjudication, but as an augmentative instrument for legal research, procedural efficiency, and access to justice. It provides a detailed account of AI use cases in the courts, including case summarization, evidence review, assistance for selfrepresented litigants, and tools like the Divorce Assets Informative Division Estimator. The discussion then turns to the legal profession, exploring how law firms in Singapore are adopting AI technologies. The paper also addresses how AI implementation in the judicial system is …

Judicial Independence, The Separation Of Powers, And Criminal Investigations Of Judges, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In Haris Ibrahim [2023] 2 MLJ 296, the Federal Court of Malaysia discussed the legal limits to executive authorities’ powers to investigate judges on suspicion of crime. The case is a rare contribution to the jurisprudence on judges’ criminal liability at common law, as well as a case study in the challenges of reconciling judicial independence with other principles of the constitutional framework and other actors’ roles therein. The Court held that the implied constitutional principle of judicial independence requires that executive authorities follow a “set of protocols” (which the Court formulated) when investigating sitting judges. This was not wrong …

“Context In Context”: The Collapse Of Title Ix’S Substantial Control Requirement, Morgan Bronson

BYU Law Review

Title IX of the Education Amendments of 1972 (Title IX) plays a critical role in addressing sex discrimination in academic settings. Though the statute envisions robust administrative enforcement, courts have largely been responsible for shaping Title IX’s liability framework, including in cases involving student-on-student sexual harassment. In two early decisions, the Supreme Court introduced five conditions necessary to establish a federal funding recipient’s liability in such cases. Among them was a two-part “substantial control” requirement: the recipient must have exercised control over both the harasser and the context of the harassment. The Court, however, never clearly articulated these conditions, leading …

Popular Originalism, Thomas G. Donnelly

BYU Law Review

Scholars are obsessed with the Roberts Court’s recent turn to history and tradition. But another source of authority has also emerged as an important feature of the Roberts Court’s approach to constitutional cases. In previous work, I have referred to this source of authority as popular meaning. While original meaning identifies the best reading of the Constitution’s text at the time of its ratification, popular meaning draws on sources of authority outside the courts to capture the constitutional views of the American people today. In this Article, I demonstrate how interpreters might draw on the Constitution’s popular meaning to help …

Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

High-Tech Industries' Global Resource Utilization And Transaction Cost Economics, Bei Johnson

Akron Law Review

No abstract provided.