Digital Commons Network^™

Reconsidering Life Without Parole: How Sb 672 Reshapes Extreme Sentencing For Youth Offenders, Karina Cardenas

University of the Pacific Law Review

No abstract provided.

Above The Flames: Autonomous Aircraft And The Evolution Of Wildfire Response, Hakela Hapner

University of the Pacific Law Review

No abstract provided.

Ab 412: A Failed Attempt At Balancing Artificial Intelligence And Copyright, Erin Forger

University of the Pacific Law Review

No abstract provided.

Ab 446: Why The Answer To “How Much?” Should Never Be “It Depends.”, Dalton Mabery

University of the Pacific Law Review

No abstract provided.

Look What You Made Me Do: Common-Sense Inferences About Independent Decision-Makers In Standing Law, Eli Bartz

Missouri Law Review

On a rainy evening in 2009, John Coomer was sitting behind the visitor’s dugout at Kauffman Stadium. Between innings, Coomer looked at the scoreboard, and the Kansas City Royals’ mascot Sluggerrr threw a hot dog into the stands, hitting Coomer in the eye and detaching his retina. Coomer sued the Royals for negligence, but the jury found in the Royals’ favor. The Missouri Supreme Court overturned the jury verdict, holding that, while spectators assume the risks of balls and bats flying into the stands, they do not assume the risk of flying hot dogs. The ruling sparked controversy, with one …

Neither Here Nor There: The Small Business Creditor’S Discharge Nightmare Under Subchapter V, Kathleen Zimmerman

Missouri Law Review

A courtroom victory feels sweet, with damages finally awarded after long, exhausting litigation—until small business bankruptcy bounces the check. In 2015, a father and son duo began their small business in rural Wisconsin. They had started their company by selling drinking glasses made fully in the USA, crafted by hand in the family workshop. Years later, a competing company began selling imitations imported from China and falsely marketed as American-made. The knockoff products undercut the duo’s market, placing the family business in distress. The father-son team sued and were able to secure a verdict in their favor for willful and …

Teaching A Social Justice Approach To Leadership In Law Schools, Tamar Ezer

Articles

Leadership is critical for social justice. Our law students have the potential to serve as future social justice leaders, building strong organizations and movements to carry out this work. Drawing on both leadership theory and practical examples from clinical legal education, this piece argues for a broad definition of leadership, embracing diversity and encompassing the counter-cultural values of listening and humility. It further proposes a three-dimensional model of social justice leadership, engaging the mind, heart, and spirit, and suggests teaching practices to strengthen each component. The first dimension focuses on cognitive competencies, including substantive mastery of an area of law …

Artificial Intelligence In The Insurance Industry And Bad Faith Risk, Mary E. Borja, Edward J. Currie Jr., Lorelie Masters

Connecticut Insurance Law Journal

No abstract provided.

An Ethics Conundrum: What Am I? Coverage Counsel Or Claim Investigator Or Both?, Neil B. Posner

Connecticut Insurance Law Journal

No abstract provided.

Rethinking Objectivity: The Problem Of Pretext In The Fourth Amendment, Monu S. Bedi

Indiana Law Journal

Pretextual encounters continue to erode the legitimacy of the Supreme Court’s Fourth Amendment jurisprudence. Simply put, a police officer can act on personal bias or animus as long as the search or seizure is deemed “objectively reasonable.” Numerous scholars (e.g., Bennett Capers, Gabriel Chin, and David Harris) have critiqued this objective standard, contending it perpetuates discriminatory practices, particularly against communities of color. The late Justice Ruth Bader Ginsburg herself suggested that the Court might need to reconsider the legal precedent she helped establish. More recently, Orin Kerr has also argued that the Court’s reliance on objective determinations is inconsistent with …

The Addison C. Harris Lecture: Intellectual Diversity Mandates And The Freedom To Teach, Keith E. Whittington

Indiana Law Journal

This Essay provides the first examination of the Indiana Senate Bill 202, which was adopted into law in the spring of 2024. The new law imposes an “intellectual diversity” mandate on public university classroom teaching in the state. The law is novel in its approach but is part of a larger movement to intercede in what is taught in university classrooms. The intellectual diversity mandate raises difficult and unexamined conceptual, normative, and practical problems that will now demand attention from university officials in Indiana and that might soon confront university administrators in other states across the country if the Indiana …

The Plight Of Workers: Alj Independence In Arkansas Workers’ Compensation, P. Brock Hatfield

Indiana Law Journal

“Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers’ Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers’ compensation statutes of this state. . . . In the future, if [changes must be made to Arkansas workers’ compensation law], those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers’ Compensation Commission, or the courts.”¹It would be hard to imagine a blunter statement of purpose to undermine the independence of administrative law …

Encampments And Property Law, Terry Skolnik

Indiana Law Journal

Although encampments have become increasingly common, they remain under-theorized, especially in the field of property law. Homeless encampments are ubiquitous in many cities. Social movements—such as Occupy Wall Street, the Freedom Convoy Movement, and college campus protests related to the war in Gaza—involve encampments that aim to catalyze social change. Yet surprisingly, legal scholars have devoted relatively little attention to encampments. This is a major oversight. Encampments matter for a range of moral, philosophical, and legal reasons that are hiding in plain sight and generate important theoretical and practical consequences that require deeper scrutiny.

This Article aims to fill this …

Representation In Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Indiana Law Journal

Millions of immigrants in the United States are facing threats of mass deportation under the second Trump Administration. At the same time, the Administration has sought to end federal programs aimed at providing basic information and guidance to immigrants in removal proceedings. In addition, large numbers of immigration judges have been fired from immigration courts that already face massive backlogs. Amidst these upheavals, deportation defense lawyers have come to occupy a more central role than ever in ensuring fairness and due process in immigration courts. Are certain groups of immigrants more likely to obtain legal representation than others? Among those …

The Nondiscrimination Principle, Zephyr Teachout

Fordham Law Review

No abstract provided.

People's Upr Written Record: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

This written record compiles the lived experiences of directly impacted persons. Directly impacted persons include people who have personally faced the conditions, policies, or practices documented in this written record in the United States and who have chosen to share their testimonies. The testimonies in this written record include those provided in-person, via video recording, which have been transcribed, or in writing. Testimonies are presented anonymously with ▊ sign as names and identifiable information has been redacted. Their accounts provide first-hand evidence of how these human rights issues operate in practice, offering essential context and depth that cannot be captured …

The Offshore Origins Of Regulatory Arbitrage, Ian J. Murray

William & Mary Business Law Review

Especially since the 2007–08 financial crisis, commentators have seized on the term “regulatory arbitrage” to describe a sprawling range of strategic compliance behavior spanning diverse sectors of the contemporary economy. Despite the term’s prevalence, there is scant agreement on the scope of activities it describes. To some, it has become a catch-all for legal avoidance from time immemorial. Such an expansive understanding obscures the context that led the term to acquire salience and fosters a fatalist view that all regulation is futile. Resisting this trend, this Article answers calls to situate regulatory arbitrage in a richer socio-historical context. Tracing the …

What Common Themes Are Challengers Trying To Silence And What Would Be Lost Without Them?, Corrine H. Martello

Richard T. Schellhase Essay Prize in Ethics

This research paper aims to analyze the controversies surrounding The Catcher in the Rye, written by J.D. Salinger, The Bluest Eye, by Toni Morrison, and The Perks of Being a Wallflower, by Stephen Chbosky, three commonly challenged books that are often found in high school English classes, in order to answer the question “what themes in these books are challengers trying to silence, and what would be lost without them?”. It will be broken into four sections, Alienation, Mental Health Struggles & Trauma, The Loss of Innocence, and Exploring Identity, which are common themes presented in all three books. …

Judicial Security In The Data Economy, Anthony M. Ciolli

North Carolina Journal of Law & Technology

No abstract provided.

The Third-Party Privacy Problem, David Sella-Villa

North Carolina Journal of Law & Technology

No abstract provided.

Stealing Hearts, And Data: Legal Ramifications And Data Privacy Risks Of Ai Companions, John G. Browning

North Carolina Journal of Law & Technology

No abstract provided.

Postmortem Gestational Donation: Medical Miracle Or Intrusion?, Eli Lynn

North Carolina Journal of Law & Technology

No abstract provided.

Bad Bets: Examining The Legality Of Sports-Related Prediction Markets, Jalen Saunders

North Carolina Journal of Law & Technology

No abstract provided.

Don't Go Near The Water: How Pfas Regulation In North Carolina Is Falling Drastically Short, And How Technology Can Bridge The Gap, Madison Kate Williams

North Carolina Journal of Law & Technology

No abstract provided.

Assessing Risk & Protecting Personal Data: An Eu Approach To Artificial Intelligence As A Model For The A.B.A.'S Model Rules, Jennifer J. Cook

North Carolina Journal of Law & Technology

No abstract provided.

The Opioid Crisis As Unjust Enrichment, Maytal Gilboa, Yotam Kaplan, Ohad Somech

North Carolina Law Review

No abstract provided.

Occasional Originalism: How The Supreme Court Of North Carolina Discarded Centuries-Old Constitutional Law In State V. Singleton, William J. Etringer

North Carolina Law Review

No abstract provided.

Climate Change Litigation Cases In Context, Camille Cameron, Patricia Galvão Ferreira, Riley Weyman

Books

This book provides a timely and detailed analysis of key climate change cases in domestic courts across the globe, examining the procedural, evidentiary, legal, and strategic dimensions of the complex climate governance landscape. It reveals how, as the threats of climate change grow and as policy fails to respond, individuals and groups have increasingly been turning to national courts to seek relief and clarity through litigation.

Chapters:

1. The climate governance tightrope: novel strategies and the role of courts in climate change
2. Mathur v Ontario: youth-led constitutional challenge to government climate policy lights the path to future recognition of climate …

Trust, Transparency, And The Fragile Promise Of Data Governance In The Era Of Modernization, Fallon Julia Cochlin, Regen Weber-Fares, Jami Crespo, William M. Sage, Cason Daniel Schmit

Faculty Scholarship

Public health data modernization in the United States has accelerated since COVID-19 exposed systemic weaknesses in fragmented data infrastructure and governance. Technical solutions have advanced, but legal and relational barriers still complicate data sharing across jurisdictions. Traditionally, interjurisdictional data sharing has relied on individually negotiated Data Use Agreements (DUAs), a process that is both resource-heavy and often opaque. To address this, the Centers for Disease Control and Prevention have proposed a Core DUA to standardize terms and reduce administrative burden. However, its success depends on trust — a fragile foundation increasingly strained by politicization, perceived lack of transparency, and controversial …

Childhood, Likelihood, And Probative Value: A Further Call For Greater Probity And Less Childism In Evidence Law, Mae C. Quinn

Faculty Scholarship

No abstract provided.