Digital Commons Network^™

The Bankruptcy Judge And The Generalist Tradition, Alexander Gouzoules

BYU Law Review

The prevailing academic consensus is that bankruptcy judges are specialists presiding over specialized courts. This Article contends that this description is incomplete and, in some respects, inaccurate. Drawing on scholarly models of judicial specialization and historical surveys of the field, this Article contends that bankruptcy judges reflect a hybrid design choice: procedural specialization combined with substantive generalism. This model delivers many of the observed benefits of judicial specialization (including efficiency and technical competence) while preserving the cross-pollination of ideas and other benefits associated with the generalist tradition of American judging.

This Article also reflects on contemporary developments—most notably the rise …

Extraordinary Or Excessive? Rethinking Nonretroactive Changes In Decisional Law As Grounds For Compassionate Release, Anna Zumbar

Akron Law Review

Federal courts are deeply divided on whether nonretroactive changes in decisional law affecting sentencing are an “extraordinary and compelling reason” for compassionate release under 18 U.S.C. § 3582(c)(1)(A), The First, Second, Fourth, and Tenth Circuits recognize district courts’ broad discretion to weigh such changes, emphasizing that broad judicial discretion supports consideration of any relevant factors. In contrast, the Sixth, Seventh, Eights, and D.C. Circuits exclude nonretroactive changes in decisional law from consideration, confining “extraordinary and compelling reasons” to narrower circumstances. This circuit split has produced inconsistent outcomes, with similarly situated defendants subject to disparate treatment based solely on geography. The …

Keeping Children Safe: Bring Kayden's Law To Ohio, Christina Woods-Tsiperson

Akron Law Review

After decades of punishing murder-suicide headlines, a growing body of evidence now corroborates what female domestic violence survivors have said for years: that family courts deciding child custody cases disproportionately reject mothers’ allegations of domestic violence and paternal child abuse. From prominent legal scholars to local family law attorneys (and increasingly, investigative reporters), many modern voices contend that mothers specifically face a litany of obstacles in court, including heightened judicial suspicion that they are “parental alienators,” a widespread minimization of coercive control, and state legal standards that  emphasize shared parenting over child safety.

Following the widely publicized murder of seven-year-old …

Pork Producers, Product Bans, And Petering Out Dormant Commerce Clause Extraterritoriality Inquiries, Sam Kalen

Akron Law Review

Constitutional commentary on the dormant Commerce Clause (DCC) reflects the Court’s persistent failure to appreciate how the clause’s contemporary application is problematic.  The 2023 Pork Producers case was a propitious opportunity for the Court to resolve lingering issues, such as whether the DCC ought to include an inquiry into whether a subnational regulation produces impermissible extraterritorial effects, or whether the Pike v. Bruce Church balancing test remains an apt function for the judiciary.  The Court squandered that opportunity, unfortunately.  And this article examines how that transpired.  It explores how product bans, such as the one adopted by California for humane …

Unfit For Human Consumption: A Bone To Pick With Boneless Wings, H. Beau Baez

Akron Law Review

This article examines defective food laws after the Ohio Supreme Court held that “boneless” in boneless chicken wings does not mean “without bones.” The result in this case is a man with permanent injuries was precluded from recovering damages after eating a menu item described as “boneless.”

The article begins by discussing the case, Berkheimer v. REKM, and the rationale used by the court for allowing summary judgment against the plaintiff.  Next, the article examines legal history, beginning with 13^th century unwholesome food statutes.  This section demonstrates that the law for unwholesome food, until the 20^th century, …

Habitat Destruction: The Where Of Biodiversity Law, Andrew W. Torrance Ph.D., Bill Tomlinson Ph.D.

Akron Law Review

The existence of appropriate habitats is essential to the continued existence of all species with which humans share the Earth. However, humans are currently enacting changes around the globe--anthropogenic environmental disruption--that threaten the habitats of many species. In this article, we first summarize existing habitat-related law in various countries, including legal designation of areas for protection (e.g., national parks), laws that enable conservation organizations to purchase but not utilize development rights, and international treaties such as the Convention on Biological Diversity or the Ramsar Convention on Wetlands of International Importance. We then propose a suite of novel approaches …

The Laura And Isaac Perlmutter Foundation Expands Support For The Perlmutter Center For Legal Justice At Cardozo Law Of Yeshiva University, Bringing Their Total Contribution To $16 Million, With Up To An Additional $2 Million Committed, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Laura and Isaac Perlmutter Foundation announced an additional $500,000 gift to the Perlmutter Center for Legal Justice at Cardozo School of Law, along with a four-year matching commitment of up to $2 million. The expanded support will strengthen the Center's work on wrongful convictions, clemency, resentencing, and experiential legal education while advancing criminal justice reform initiatives.

Elite Bankruptcy, Laura N. Coordes

BYU Law Review

“The influence of bankruptcy lawyers over bankruptcy law seems almost inevitable.” —David Skeel

In Debt’s Dominion, David Skeel wrote that bankruptcy professionals have played a key role in shaping U.S. bankruptcy law. He predicted that these professionals would continue to shape the bankruptcy process long into the future. Today, we can see that Skeel’s prediction has come true. Although Congress has yet to overhaul the Bankruptcy Code, bankruptcy professionals have succeeded in their own form of overhaul by creating what this Essay calls “elite bankruptcy:” a type of bankruptcy accessible only to the rich and powerful. Elite bankruptcy is practiced …

Top Documenting Mistakes To Avoid: Reduce Your Risk Of A Malpractice Case, Jeff Spindler Mda Ifg, Lynda Farnen Jd

The Journal of the Michigan Dental Association

This month’s cover story addresses the critical importance of accurate patient records in reducing the risk of malpractice suits and Board of Dentistry discipline. It identifies common documenting errors, such as charting only abnormal findings, failing to identify the specific treatment provider, and omitting treatment discussions or drug administration details. The authors emphasize that documentation is a team-wide responsibility and offer guidance on correcting errors and adhering to record retention requirements.

What Motivates Selectors To Pick A Woman Justice?, Maria C. Escobar-Lemmon, Alice J. Kang, Miki Caul Kittilson, Shan-Jan Sarah Liu

ConLawNOW

This article examines increases in women’s appointment to high courts around the world. It builds on research suggesting that movement by countries to appoint the first women to important benches often influenced neighboring countries. The same authors here look at the related feature that women in advanced industrial countries are appointed to constitutional and supreme courts sooner when subject to electoral pressure. They suggest that electoral pressure is not defined by the left-right ideological spectrum, but rather depends on a more specific support for gender equality.

“The Monster That Ate Jurisprudence”: The Misfire Of Civil Rico In Third-Party Payor Recovery, Jillian Rae Bloom

University of Miami Business Law Review

A law created to dismantle organized crime is now being misused to target pharmaceutical companies. The Racketeer Influenced and Corrupt Organizations Act (RICO), originally intended to combat criminal enterprises, has since expanded far beyond its intended purpose. Third-party payors (TTPs), such as health insurers, have increasingly relied on RICO to sue pharmaceutical companies for deceptive marketing practices that allegedly cause significant financial harm. While it is important to hold pharmaceutical companies accountable for their fraudulent conduct, applying RICO in these cases represents a troublesome overreach. The link between the alleged fraud and TPPs alleged harm is too attenuated to meet …

Tracing The Truth: Strengthening U.S. Food Traceability With Lessons From The Eur. Union, Carolina Gomez

University of Miami Business Law Review

The United States (U.S.) has made significant progress in improving food traceability, with the FDA’s Final Food Traceability Rule set to take effect in 2026. This long-overdue regulation aims to improve outbreak response and better protect public health. However, major gaps in the U.S. traceability system remain, leaving consumers exposed to preventable foodborne illness outbreaks. Legislative challenges, including H.R. Bill 7563 and provisions in the Fiscal Year 2025 Agriculture Appropriations bill, threaten to delay or weaken these necessary reforms. Compounding these challenges, on August 7, 2025, the FDA proposed extending the compliance deadline for the rule by 30 months, to …

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Mental Health And Conflicts: A Handbook For Empowerment, Dan Berstein

DRI Press

Mental health needs are universal. About half of us will end up having a diagnosable mental health issue at some point during our lives, and we all know what it is like to have a bad day. We also understand conflicts are hard and they often bring out the worst in us. There are simple ways to be ready for when mental health needs arise during conflicts. This handbook introduces different mental health perspectives, dispels common stereotypes, and provides tools for empowering mental health communication. This book is designed to help laypeople as well as professionals across all kinds of …

Derivative Attorney-Client Privilege In Organizations, Douglas R. Richmond

University of Miami Business Law Review

A lawyer and client must be able to communicate about the client’s legal affairs in confidence for the lawyer to be able to meaningfully advise the client, hence courts’ recognition of the attorney-client privilege. Fundamentally, the very term “attorney-client privilege” seemingly requires a lawyer’s participation in a communication for the privilege to attach. But, in fact, lawyers need not always participate in client communications for the attorney-client privilege to shield the communications from discovery. Clients or their employees’ confidential conversations among themselves with respect to legal matters sometimes deserve privilege protection. This derivative application of the privilege can be crucial …

The Indispensable Role Of The Sister Disability Agencies: Safeguarding Progress And Enhancing Outcomes Through Collaboration, Lesley Cottrell, Susan Given, Christina E. Wiseman

Developmental Disabilities Network Journal

This manuscript emphasizes the critical importance of having a Disability Network of services—including University Centers for Excellence in Developmental Disabilities (UCEDDs), State Councils on Developmental Disabilities, and Protection & Advocacy organizations - in promoting systemic innovation and improved outcomes for individuals with developmental disabilities. Highlighting a case study from West Virginia, where collaboration between West Virginia University’s Center for Excellence in Disabilities, Disability Rights of West Virginia, and the West Virginia Developmental Disabilities Council has resulted in cost-effective, sustainable improvements, this paper underscores the urgent need to protect and expand these programs amidst current policy threats. The evidence underscores that …

Training On "Learn The Signs. Act Early." In Head Start And Early Head Start Shows Ineffective Without Supporting Implementation Policy, Kayla Livingston, Mary O'Donnell, Kate G. Barlow

Developmental Disabilities Network Journal

Early identification and intervention for children with developmental delays improves child outcomes, yet many children are not monitored, screened, or identified early despite its effectiveness. The relationship between the use of the Centers for Disease Control and Prevention’s “Learn the Signs. Act Early.” developmental monitoring program and referrals to intervention services is not well understood. This study investigated how “Learn the Signs. Act Early.” implementation practices within Massachusetts’ Head Start and Early Head Start agencies correlated with the rate of referrals to intervention services. Researchers utilized a non-experimental quantitative design. Secondary data on referral rates from Head Start and Early …

Educating Medical Trainees On Mental Healthcare And Intellectual And Developmental Disabilities, Andrea Palmieri, Joan B. Beasley, Micah Peace Urquilla, Jennifer Mclaren

Developmental Disabilities Network Journal

Many children and adults with intellectual and developmental disabilities (IDD) experience mental health conditions and commonly receive treatment with psychotropic medications. Prescribers often overuse these medications in children with IDD, who are frequently treated with polypharmacy and antipsychotics, a trend that continues into adulthood. Medical trainees receive little training regarding the IDD patient population. This paper describes the development and evaluation of an evidence-informed, easy-to-use training curriculum. The 6-hour training establishes a foundation for medical trainees regarding the treatment of mental health conditions in people with intellectual and developmental disabilities (IDD-MH) as part of an integrated health, interdisciplinary treatment approach. …

Vol. 70, No. 3 (January 26, 2026)

Indiana Law Annotated

No abstract provided.

P*Law 2026, Cardozo Center For Public Service Law

2026 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2026, which will feature panels discussing how to navigate student loans and Public Service Loan Forgiveness, trans rights, a client interviewing workshop, and more! Students must RSVP on Symplicity for the events they plan to attend. Faculty and staff are welcome to attend any session, no RSVP required.

Reprioritizing International Patent Law, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Over the past half-century, rapid technological change and globalization have reshaped innovation and intellectual property, yet the foundational international agreements anchoring the global patent system have remained essentially unchanged. The drafters of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) viewed these agreements as dynamic instruments that, through procedural coordination, would rationalize international patent administration. The Paris Convention has resisted reform for decades, however, while the PCT has failed to achieve its goals of reducing examination workloads and fostering worksharing among national patent offices. It now exacerbates the very inefficiencies it sought to …

Policing Agency Data Trusts, Barry Friedman

Northwestern University Law Review

Policing agencies are indiscriminately collecting, retaining, and using vast quantities of personal data from people who are suspected of no unlawful conduct whatsoever. This has caused expressions of concern or caution from many quarters, including—notably—the Director of National Intelligence (DNI). In a declassified report, the Office of the DNI stated that massive amounts of data are being collected “on nearly everyone that is of a type and level of sensitivity . . . that could be used to cause harm to an individual’s reputation, emotional well-being, or physical safety.”

This practice of universal data collection presents a conundrum. As many …

Electoral Due Process, Michael S. Kang

Northwestern University Law Review

Hyperpartisanship has hit century-long highs in American politics and is emboldening state government attempts to undermine election outcomes by using control over state lawmaking structure to strip away authority, and sometimes outright unseat, partisan opponents after they win elected office. Even as traditional norms against such moves have eroded, the Supreme Court has taken a pro-partisanship turn in removing judicial checks against such moves under equal protection and constitutional structure. This Article proposes shifting from challenges under those doctrines to a new approach under electoral due process for confronting this new generation of antidemocracy. Federal due process law restricts the …

The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia Jr., Bradford R. Clark

Northwestern University Law Review

Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions. Among the substantive canons, the so-called “federalism canons” have been singled out for special scrutiny. The federalism canons are a family of canons that require courts to avoid interpreting an act of Congress to divest states of certain sovereign rights or powers—including …

From Kickbacks To False Claims: The Causation Consequences Of The 2010 Anti-Kickback Statute Amendment, Daniella Stoltz

University of Chicago Legal Forum

The 2010 amendment to the Anti-Kickback Statute (AKS) sought to strengthen federal healthcare fraud enforcement by clarifying that Medicare and Medicaid claims submitted to the government “resulting from” AKS violations constitute false claims under the False Claims Act (FCA). However, two words, “resulting from,” have created a deep circuit split over the requisite causation standard. The First, Sixth, and Eighth Circuits require but-for causation, demanding proof that false claims would not have been submitted but-for the illegal kickback. The Third Circuit adopted a looser standard, requiring only some evidence of the illegal kickback and the submitted claim. Rather than focus …

When The Rules Burn: A New Approach To Governmental Discretion In Firefighting Operations, Nathan Li

University of Chicago Legal Forum

The Federal Tort Claims Act (FTCA) broadly waives the federal government’s sovereign immunity, but the discretionary function exception (DFE) preserves immunity for acts grounded in judgment or choice. A doctrinal tension arises from the Supreme Court’s instruction in Berkovitz v. United States that the DFE does not apply when a directive “specifically prescribes a course of action.” In high stakes contexts such as wildfire suppression, government actors sometimes deviate from such mandatory directives to make split-second, policy-driven decisions. Yet, in most cases, courts still treat these violations as discretionary acts protected by the DFE, often without explaining how this outcome …

Reckoning With Retaliation: Objective Reasonableness In Sox Whistleblower Cases, Jacob S. Levin

University of Chicago Legal Forum

Congress passed the Sarbanes-Oxley Act of 2002 to prevent systemic fraud. To this end, Congress included unparalleled anti-retaliation protections for whistleblowers in 28 U.S.C. § 1514A, aimed expressly at ending the “corporate code of silence” which enabled large-scale fraud to go undetected.

To fall within the scope of SOX’s anti-retaliation provisions, a whistleblower must demonstrate he had an “objectively reasonable belief” that his employer’s conduct violated the laws or regulations enumerated in § 1514A. However, the Act does not define what a whistleblower must show to establish an “objectively reasonable belief” that their employer engaged in fraudulent conduct. Over time, …

Beyond Elrod: Extending The Presumption Of Irreparable Harm To The Second Amendment, Roland Kim

University of Chicago Legal Forum

In response to gun violence, many states have attempted to implement gun control laws. Some of these gun control laws have been challenged under the Second Amendment, with parties seeking preliminary injunctions to halt these laws’ enforcement until a final judicial decision has been reached.

In legal disputes over whether to grant a preliminary injunction over various gun control laws, circuits are split as to whether an alleged violation of the Second Amendment is presumptively irreparable, i.e., unable to be adequately remedied after a final judgment. In the First Amendment context, the Supreme Court established in Elrod v. Burns that …

Vapes In Violation: The Case For An Fdca-Based Negligence Per Se Claim Against E-Cigarette Manufacturers, Grace Hering

University of Chicago Legal Forum

The unexpected and dramatic rise in youth e-cigarette consumption in the past decade has left both private and public actors racing to catch up to a quickly evolving and potentially disastrous market. As litigation against e-cigarette manufacturers continues to develop, it is increasingly evident that one of the biggest obstacles to bringing private claims will be avoiding preemption under the Federal Food, Drug, and Cosmetic Act (FDCA).

This Comment argues that one untested yet promising pathway for injured plaintiffs to avoid preemption is to bring FDCA-based negligence per se claims. By examining precedent involving other FDCA provisions, this Comment assesses …

Curfew And Its Constitutional Limits: Analyzing The Judicial Standard Of Review For Curfews In Times Of Emergency, Alec Greven

University of Chicago Legal Forum

Curfews imposed against an entire civilian population are extremely rare. Despite this, the amount of curfews has recently skyrocketed in the United States as government officials use this sweeping power to respond to emergencies. This Comment evaluates the constitutional rights implicated by general curfew orders, namely the right to travel and the right to speak in public forums. Then, this Comment surveys the current circuit split. Lower courts significantly diverge in their standard of review of curfew orders and apply three very different forms of review: deference, intermediate scrutiny, and strict scrutiny. This Comment argues that courts should subject general …