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Who Will Hear My Case?: The Backdrop Of Hameed V. Canada And Its Impact On Canada’S Judicial Vacancy Crisis, Adrian T. Peraza

University of Miami Inter-American Law Review

In 2016, the Supreme Court of Canada issued a landmark ruling in R v. Jordan, requiring prosecutors to try their case within eighteen months in provincial courts and thirty months in the superior courts. Through its holding, the Court sought to protect a defendant’s right to be tried within a reasonable time, a privilege enshrined in the Canadian Charter of Rights and Freedoms. However, at the time of the decision, the Canadian judicial system faced a vacancy crisis. A total of forty-three judicial vacancies existed in the federal courts, a figure that would later rise to eighty-six in August 2023. …

Responsibility Without Rescue: Community-Based Participatory Research, Legal Insecurity, And Ethical Accountability In Borderland Courtrooms, Ruben Morales Jr.

The Agora

In the context of immigration law and legal insecurity, this article examines how community-based participatory research (CBPR) reshapes ethical responsibility for researchers. Based on ethnographic fieldwork conducted during a National Science Foundation Research Experience for Undergraduates (NSF REU) along the border between the United States and Mexico, the study reflects on how courtroom practices reproduce access to justice, how research itself influences what knowledge becomes visible, and how the researcher’s positionality influences ethical engagement. The article finds that doing ethical research in settings of legal precarity requires the researcher to shift from a neutral observer to an accountable participant, maintained …

Defenders Assemble: A Blueprint For Building Antiracist Public Defender Offices, Ieshaah Murphy

Seton Hall Law Review

No abstract provided.

Look To The Children: How New Jersey's Anti-Bullying Bill Of Rights Can Provide A Framework For Workplace Bullying, Bridget Knodel

Seton Hall Law Review

No abstract provided.

Resuscitating Old Methods: How Executions By Nitrogen Hypoxia Violate The Eighth Amendment, Hannah Caldwell

Seton Hall Law Review

No abstract provided.

The Impact Of State And Federal Policies On Academic Researchers: Findings From A National Survey, Dylan Ruediger, Chelsea Mccracken, Jonathan Barefield

Copyright, Fair Use, Scholarly Communication, etc.

Key findings

● State and federal policies targeting divisive concepts or DEI are shaping research agendas at scale and across disciplines. Twenty percent of all respondents, and 29 percent of researchers working in states with divisive concepts or similar laws, reported having avoided certain research topics because of state laws and policies.

● Eight percent of respondents representing a wide range of disciplines reported having had a federal grant cancelled in 2025.

● Eleven percent of respondents reported that federal and state policies restricting research activities are compelling them to seek employment out of state, to leave the academy, or …

Judging Requires Judgment, Justin Driver

Duke Law Journal

No abstract provided.

Restoring Chevron Deference By Statute, Scott Dodson

Duke Law Journal

This Essay details a solution for legislatively restoring Chevron deference: amend the APA to direct lower federal courts to give deference to reasonable agency decisions but retain nondeferential judicial review by the U.S. Supreme Court. This solution restores most of the practical benefits of Chevron by giving agencies flexibility to implement congressional policy directives with the expertise they have acquired, by maintaining stability in administrative regulation, and by relieving lower federal courts of the burdens of nondeferential review. And retaining nondeferential judicial review in the Supreme Court will preserve the constitutional role of the judicial branch to say what the …

Ultra Vires Review In Administrative Law For Dummies, Jack M. Beermann

Faculty Scholarship

Richard W. Murphy, Ultra Vires Review of Federal Agency Action Made Simple(r), 2025 Utah L. Rev. 1201 (2025).

Non-statutory review, ultra vires review, and Leedom v. Kyne, the leading case on non-statutory review, all have one thing in common—when I come across them, my eyes glaze over, and I pretend it never happened, hoping they will all go away. It’s like an allergic reaction. I’ve avoided talking about them, writing about them, and covering them in my Administrative Law course like the plague. Leave it to Richard (“Chip”) Murphy, famous for his entertaining and informative annual reviews of …

Prompt Engineering For Lawyers: Free Your Mind: Flipped Interactive Prompting And Perspective Switching, Cliff Mckinney

Arkansas Law Notes

The next prompt engineering method we are going to evaluate could be considered a form of the Socratic Method. The flipped interactive prompting method asks the artificial intelligence model to ask clarifying questions in response to a prompt, thereby refining and deepening the analytical quality of an answer. This method can be especially useful in litigation or when an issue is controversial or subject to multiple interpretations.

After exploring prompt engineering, we will then turn to perspective switching. Perspective switching allows the artificial intelligence model to switch between different viewpoints or roles. For instance, the model might start by acting …

Prompt Engineering For Lawyers: We Will Add Your Distinctiveness To Our Own: Iterative Refinement And Prompt Chaining, Cliff Mckinney

Arkansas Law Notes

In the last edition, we explored two advanced prompt engineering techniques, chunking and few-shot prompting. In this edition, we will examine two more useful techniques: iterative prompt refinement and prompt chaining. Iterative prompt refinement involves repeatedly rephrasing and refining questions to lead to a better response. Prompt chaining involves guiding the artificial intelligence through related multi-step reasoning.

At first glance, iterative prompt refinement and prompt chaining may seem like the same concept, but the key difference lies in their approach. Refinement improves a single prompt through repeated adjustments, whereas chaining links a series of prompts together to tackle different stages …

Confidentiality Of Ai Conversations: Protecting Self-Represented Litigants Who Use Chatgpt For Legal Advice, Anoo D. Vyas

Duke Law & Technology Review

When a layperson uses ChatGPT to obtain feedback on a legal matter, attorney-client privilege may not apply, as ChatGPT is not a lawyer, much less a human. Further, while lawyers are entitled to protection for their opinion work-product, it is not clear whether self-represented litigants are entitled to the same protection. Additionally, the broader duty of confidentiality binds only attorneys, not AI systems like ChatGPT. The public increasingly uses AI tools such as ChatGPT. If a layperson employs ChatGPT for legal advice, particularly in a civil matter, such communications may be discoverable and potentially admissible. This presents an access to …

Using Ai To Identify National Security Threats: A Holistic Examination Of The Legal Risks And Increased Need For Regulation, Skylar Mcvicar

Duke Journal of Constitutional Law & Public Policy Sidebar

Artificial intelligence (AI) is integrating rapidly into daily practice, including in the national security sector. AI has the potential to improve bureaucratic efficiency, enhance military intelligence and threat assessment, and develop autonomous vehicles and weapons, making it a revolutionary tool in national security. Since AI implementation is a relatively recent phenomenon, there is currently limited governmental regulation in place to safeguard against potential violations of civil liberties and other legal risks. Given AI's capacity to infringe on certain civil liberties such as the Fourth Amendment right to privacy and the Fourteenth Amendment protection against discriminatory policies, establishing strong oversight measures …

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

In The Shadow Of Justice: How The Mythos Of The Batman Balances Major Ethical Theories In His Pursuit Of Ideal Justice, Camille Bewley

Ex Sapientia Loqui

For more than eighty years, the Batman character has exhibited a unique synthesis of major theories of Justice, and through his experiences as a vigilante, exemplified the pursuit of the ideal virtue of Justice. Because virtue requires a lived example to be understood, Batman is one of the foundational stories fulfilling this need for one of collective society’s prominent pillars. Within the horror of Gotham City–a hyperbolic, fictional representation of urban corruption–Batman’s actions as a vigilante, walking a tightrope to maintain morality even above the law might not only be justified, but necessary. The Batman’s nature, balancing ethical theories and …

I’M Going To Need To See Some Id: Free Speech Coalition V. Paxton And Online Age Verification, Kyle Korte

Maryland Law Review

No abstract provided.

For You Or Forbidden: Tiktok V. Garland And The Tiktok “Ban,”, Kyra Wisneski

Maryland Law Review

No abstract provided.

Leaving Room For Rehabilitation In The Theory And Practice Of Criminal Restitution, Jessica C. Frisina

Maryland Law Review

No abstract provided.

Rural Mass Incarceration And The Politics Of Punitiveness, Gregory Brazeal

Maryland Law Review

No abstract provided.

Prompt Engineering For Lawyers: Blue Pill Or Red Pill: Hallucinations Risks And An Introduction To Prompt Engineering, Cliff Mckinney

Arkansas Law Notes

In The Matrix, Neo’s choice between the blue pill and the red pill is essentially a choice between a comfortable illusion and an unsettling reality. Lawyers now face a similar decision with artificial intelligence. They can take the blue pill: ignore artificial intelligence or treat it like just another search engine, continuing a comfortable illusion that the new technology may not transform the practice of law. Or lawyers can take the red pill: acknowledge that artificial intelligence will transform the practice of law and learn how to use it competently, ethically, and effectively.

This Article is for those who choose …

Lennar Communities Nevada, Llc, And Greystone Nevada, Llc V. Pamela Whalen, 142 Nev. Adv. Op. 29 (Apr. 16, 2026), Christianne White

Nevada Supreme Court Summaries

Courts should employ a totality of the circumstances test when determining if a party acted inconsistently with the right to arbitrate.

Bruen, Levels Of Generality, And Our Historical Tradition Of The Regulatory “Why”, Kevin K. Wang

UC Law Constitutional Quarterly

To pass Second Amendment muster under New York State Rifle & Pistol Association v. Bruen, gun laws encompassed by the Amendment’s plain text must align with our nation’s historical tradition of firearm regulation. A challenged law comports with history and tradition when it is sufficiently analogous to historical regulations along two metrics: “how” and “why” the regulation burdens the right to keep and bear arms.

One glaring ambiguity leftover from Bruen is the level of generality at which courts, when analogizing between laws past and present, must frame a regulation’s “how” and “why”—an issue of major consequence. Characterizing the “how” …

The Body At The Mercy Of The State: Sama V. Hannigan And The Fragmented Right To Refuse Across State Lines, Mallory Yeates

UC Law Constitutional Quarterly

Courts have long recognized bodily autonomy as a core constitutional value. Yet, doctrine governing reproductive healthcare tells a different story. Sama v. Hannigan exposes the fragility of the right to refuse medical treatment, particularly for incarcerated patients whose claims must survive the demanding standard of qualified immunity. When physicians removed Carrie Rahat Sama’s ovary despite her explicit refusal, her constitutional claim failed because no precedent with sufficiently similar facts had previously condemned such conduct. This case reveals how the “clearly established” prong of qualified immunity can foreclose redress for blatant violations of autonomy.

This Note argues that the viability of …

Public Understanding Of Ai-Enabled Cyber Threats And Its Impact On Cybersecurity Governance In The United States, Charlotte M. Barbrick

LSU Master's Theses

Artificial intelligence is spreading quickly in workplaces and everyday life, and that fast growth is creating cybersecurity and privacy risks that current laws and organizational practices do not fully address. This thesis asks whether AI-specific knowledge shapes public support for cybersecurity governance of AI-enabled systems in the United States. Using nationally representative survey data from the Pew Research Center’s American Trends Panel (ATP) Wave 119, fielded December 12--18, 2022, I estimate weighted regression models to test how objective AI knowledge shapes support for cybersecurity governance. I also test whether concern about data misuse helps explain that relationship and whether AI …

Eighty Years Of Gubernatorial Commutations In Ohio Death Penalty Cases: A Retrospective, Dale A. Baich

Akron Law Review

No abstract provided.

Reimagining Compassionate Release: A Lexicon For Change, Tom Nicklin, Sarah L. Cooper

Akron Law Review

No abstract provided.

Finality Is Not The Last Word, Bidish Sarma

Akron Law Review

Finality has long been upheld as a powerful governmental interest in the context of criminal adjudications. However, its nearly mythic status in our law belies its ongoing utility. Rather than fulfilling its historical goals of preserving resources and focusing incarcerated individuals on the task of rehabilitation, finality today undermines focus, facilitating mass incarceration and perpetual punishment. We are not required to accept finality as the last word; instead, we can and should interrogate its value in light of the system we have built.

This Essay briefly traces the historical development of finality in American jurisprudence. It then outlines the subsequent …

Exploring Concerns About Discretion And Disparity In Second Look Sentencing, Douglas A. Berman

Akron Law Review

This essay explores the emergence of “second look” sentencing laws in the United States, which allow judicial review of previously imposed prison sentences under certain circumstances. Highlighting the expansion of these laws, the essay examines the broad discretion granted to judges and prosecutors in deciding when and how to reduce prison sentences against the backdrop of an earlier era of structured sentencing reforms aimed at regulating sentencing discretion and reducing disparities. Somewhat ironically, the rigidity and severity of some structured sentencing reforms have contributed to modern mass incarceration to engender the emerging “second look” sentencing movement.

The essay details various …

American Mercy: The Case For Clemency, Mark Osler

Akron Law Review

After months of controversial and norm-busting clemency grants by both the Biden and second Trump administrations, many are calling for the presidential pardon power to be curtailed or eliminated. The complaints are understandable, but the death of clemency- in one fell swoop, or by a thousand cuts—would be a tragedy. Such a suggestion embodies the mistake we make so often in criminal law: imposing permanent solutions to short-term problems. Clemency’s role in national reconciliation, the mitigation of harsh laws, and in holding out hope for redemption to those convicted is too dear to lose. The answer to current harms lies …