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The Trial Of Musammat Kelee: Widowhood, Infanticide, And Colonial Justice In Early Twentieth Century India, Rashmi Banerjee

Socio-Legal Review

This article examines the 1920 trial of Musammat Kelee, a Hindu widow from Ajmer-Merwara, accused of drowning her illegitimate infant son in a lake. Drawing on extensive trial records, police reports, and official correspondence, it reconstructs the procedural history of her case and situates it within broader colonial debates on female sexuality, widowhood, and infanticide. Kelee’s conviction under Section 302 of the Indian Penal Code, despite weak evidence, hinged on judicial emphasis on her widowhood and the perceived illegitimacy of her child as proof of motive. Yet her subsequent pardon by the Viceroy’s office reflected a contradictory administrative impulse that …

Social Media, Social Sensibilities, And The Employment Relationship, Matthew W. Finkin

The Journal of Contemporary Legal Issues

Employers have long made decisions based on the applicant’s or incumbent employee’s respectability. Those whose transgress the bounds could be excluded; e.g., those who publicly embrace the Ku Klux Klan.[] In other words, frank speech—speech “unconstrained by anything that might normally encourage one to be more circumspect,”[] speech revealing one’s “true feelings, however repellant to popular morality”[]—is not invariably a good thing.[]

When social media came into wide use, employers extended their monitoring of applicants and incumbents for the acceptability of that speech.[] There is nothing new in that.[] In the absence of a clear direction embodied in law …

When Is Free Speech “Beyond” The Constitution?, Abner S. Greene

The Journal of Contemporary Legal Issues

The constitution of a nation without a state action doctrine might limit private restriction or compulsion of speech just as it limits the state. In such a nation, “free speech beyond the constitution” might not be a particularly meaningful concept. In the United States, however, the First Amendment’s free speech clause limits only what the federal, state, and local governments may do. As a nonconstitutional policy matter, it might or might not be a good idea for the government to impose First Amendment- like restrictions on private actors or for private actors to voluntarily impose First Amendment-like restrictions on themselves. …

Hear Me Out: What Is Our Obligation To Listen?, Thomas Healy

The Journal of Contemporary Legal Issues

Most scholarly discussions about “cancel culture” focus on the extent to which imposing economic or social sanctions on speakers violates the principle of free speech. In this essay, I consider a related question, which is whether deliberately avoiding, ignoring, or blocking speakers one disagrees with is antithetical to free speech. Although it might seem strange to suggest that a principle concerned with the right to speak entails an obligation to listen, I argue that genuine “good faith” listening is necessary to further the goals free speech is designed to serve. However, I also argue that this obligation is imperfect, or …

Season 2 Episode 6: Taking Responsibility, Sara Gras

Season 02

Building on the general information on gambling harms and treatment options for compulsive gambling, this episode focuses on advocacy for “responsible gaming.” Do responsible gaming tools have a beneficial effect? How big is the gap between what advocates recommend and what operators adopt, either voluntarily or because they are compelled by laws and regulations?

Features excerpts of interviews with:

Jacob Coin, Executive Advisor
San Manuel Band of Mission Indians

Shelley White, former CEO
Responsible Gambling Council  

Cole Wogoman, Senior Manager, Government Relations and League Partnerships
National Council on Problem Gambling

Christina Cook, Founder and Host
The Broke …

Promising The First Amendment: (De)Regulating Speech In Higher Education, Max M. Schanzenbach, Kimberly A. Yuracko

Northwestern University Law Review

The war between Hamas and Israel has caused havoc in higher education. Amid student unrest, alumni pressure, congressional hearings, civil rights investigations, and student lawsuits, universities stand at a crossroads. The current situation, in which most private universities unevenly regulate student speech under ambiguous student codes, is not sustainable politically or legally. A tsunami of litigation and regulatory actions has already begun. One increasingly favored response is for private universities to more vigorously enforce existing codes or expand their scope. An alternative is for private universities to deregulate student expression and commit by contract to the First Amendment. This Article …

Take In Case Of Emergency: Reconciling Necessity Takings With The Original Meaning Of The Takings Clause, Tony Smith

Northwestern University Law Review

Does the Fifth Amendment’s Takings Clause permit the state to destroy property without compensation whenever it declares an emergency? The long-standing doctrine of necessity empowers the state to do exactly that.

Courts dating back to common law England have permitted governments to claim a privilege of necessity to avoid paying for private property they destroy in times of crisis. The privilege rests on the principle that the public good sometimes outweighs the harm the individual suffers. Today’s courts and academics stretch this principle to its limits, arguing necessity should be used as a vehicle for combating all manner of social …

What On Earth Is A Burden On Interstate Commerce?, Andrew Jordan

Northwestern University Law Review

What is a burden on interstate commerce? That’s an important question under the Dormant Commerce Clause’s Pike balancing test. But it’s a question whose answer has proven elusive. This shouldn’t be a surprise. After all, states disagree about what counts as a burden or a benefit, and how much weight each has. And there aren’t any obvious constitutional principles we can point to for resolving those disagreements. Recently, some scholars have tried to ground dormant commerce doctrine in economic cost–benefit analysis. The supposed virtue of that approach is that it is neutral as to competing preferences. Thus, for the Court …

Moving Beyond Traditional Legal Scholarship Impact Rankings, John Cannan

Faculty Publications

Legal academia is likely stuck with law faculty scholarly impact rankings—that is, using citation counts to judge a law faculty’s reputation and influence. But why can’t we produce better, more useful studies? Current rankings rely on outdated methods. Moreover, these rankings—touted by their creators as objective—suffer from long-standing flaws. They are also grounded in limited understandings of legal citations as sources of information. This paper calls on law librarians to advance legal citation research by adopting methodologies from other information sciences and developing legal citation taxonomies and theories.

Remedies For Unreasonable Administrative Action After Vavilov, Kate Glover Berger

Articles & Book Chapters

This article comments on Pepa v. Canada (Citizenship and Immigration), arguing that it departs from the Supreme Court's previous guidance on remedies in an unprincipled manner. The article outlines the remedial framework established in Canada (Minister of Citizenship and Immigration) v. Vavilov, traces its development over the past five years, discusses key departures from the general rule of remittal, and highlights the principles these departures reflect. It then examines the approach to remedies adopted in Pepa. This assessment shows that the Pepa majority's invocation of the "single reasonable interpretation" exception to the general rule of remittal departs from the core …

October 3, 2025 — Letter To Cms On Recent Guidance For The Rural Health Transformation Program, American Dental Association

Advocacy in Action letters

No abstract provided.

Preventive Settlement As A Preventive Means To Safeguarding Troubled Businesses From Bankruptcy: An Analysis Of The Uae Law, Prof. Mohammad Al Armman

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

his study explores the legal framework surrounding the preventive settlement method and its potential to mitigate bankruptcy risks for troubled commercial enterprises. It enables debtors in financial distress to petition the competent court for protection, helping them avoid default and bankruptcy proceedings. The research employs qualitative and analytical approaches, focusing on the UAE Financial Restructuring and Bankruptcy Law No. 51 of 2023 (FRBL) and relevant case law. The findings indicate that preventive settlement procedures facilitate creditors in recovering their dues, which has a positive impact on the national economy. Consequently, the study recommends incorporating Article 57 FRBL, a requirement that …

Peculiarities Of Europeanisation Of State Aid Control In Ukraine During Martial Law, Bohdan Veselovskyi, Kseniia Smyrnova

Yearbook of Antitrust and Regulatory Studies

Ukraine's European integration necessitates the alignment of its state aid control framework with EU competition law. The full-scale invasion by Russia in 2022 significantly disrupted this alignment, prompting Ukraine to temporarily suspend standard state aid oversight procedures under martial law. In response, Ukraine has undertaken comprehensive legislative reforms, including the adoption of sector-specific state aid criteria, enhanced administrative accountability measures, and systematic inventorying of existing aid schemes. This article analyses these developments, demonstrating Ukraine's ongoing commitment to restore regulatory certainty, transparency, and competitive neutrality, despite wartime constraints. Judicial practices incorporating EU-derived standards, particularly the Altmark criteria, highlight Ukraine's substantial progress …

October 2, 2025 — Letter To Cis On H-1b Visa Reforms, American Dental Association

Advocacy in Action letters

No abstract provided.

In The Matter Of The Parental Rights As To S.A.T., A Minor Child, 141 Nev. Adv. Op. 40 (Oct. 2, 2025), Collin Faught

Nevada Supreme Court Summaries

THE COURT DETERMINED UNDER N.R.S. § 128.105 THAT TOKEN EFFORTS ALONE CANNOT SUPPORT PRIVATE TERMINATION OF PARENTAL RIGHTS AND THAT SILENCE DOES NOT ADMIT FAULT.

Prosecutorial Interviewing Reform: Applying Victim-Centered Practices For Trauma-Informed Justice, Ana J. Prata

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins

Washington Law Review

The unconstitutional conditions doctrine dictates what a government can and cannot do when exercising its police powers to promote community interests. Recent Supreme Court jurisprudence highlights a special application of the doctrine in the land use context, with Sheetz v. County of El Dorado recognizing constitutional scrutiny of legislative decisions. After decades of using its own analysis, Washington courts now use the federal approach in these cases. Land use exists at the forefront of Washington policies and the state maintains a sharp focus on the affordable housing crisis. One approach enacted at the local and state level is mandatory inclusionary …

Unh Healthcare Vitals: Health Insurance Premiums Are Skyrocking For 2026-- Why?, Lucy Hodder

Law Faculty Scholarship

Health insurance premiums and out-of-pocket costs in New Hampshire are projected to rise sharply in 2026 due to expiring federal subsidies, escalating prescription drug prices, hospital consolidation, workforce shortages, and policy changes. Without intervention, affordability will worsen for individuals and employers, with significant impacts on coverage and access. The report outlines policy recommendations to help mitigate these challenges for Granite Staters.

Rule Or Reason? The Role Of Balancing In Antitrust Law, Michael A. Carrier, Mark A. Lemley

Notre Dame Law Review Reflection

In this Essay, we argue that the proper test for antitrust’s rule of reason is a four-step, burden-shifting framework that ends with a balancing of the likely harms and benefits of particular conduct. One reason balancing has become rare even in circuits that permit it is that it seems hard. Antitrust is shot through with economic theory and evidence, and courts aren’t experts in economics. So they tend to look for shortcuts that allow them to resolve the case without having to apply that economic evidence to assess the likely net effect of a defendant’s conduct. But those shortcuts themselves …

Uniformity, Loper Bright, And The National Labor Relations Board: Can The Board’S Nonacquiescence Policy Survive In A Post-Chevron World?, Alexander Macdonald

Notre Dame Law Review Reflection

As chairman of the National Labor Relations Board, Donald Dotson was nothing if not controversial. Though he headed the Board for five years, he was never shy about criticizing the Board’s practices. He often argued that the Board had skewed its policies toward organized labor and inserted itself in disputes best left to private negotiation. That criticism put him at odds with his fellow Board members and frequently landed him on the wrong side of divided opinions. Even members who shared his core philosophy sometimes shied away from joining his assaults on the Board itself.

So it was on September …

The Best We Can Hope For: The Irony Of The Best Interest Standard, Alesondra Cruz

Notre Dame Law Review Reflection

Laws are often designed with an eye toward precision. Specific words are chosen, others deliberately removed, with each revision seeking to bring a rule closer to its intended purpose. Despite this deliberate process, even the most curated laws at times fail to serve their intended ends, and instead become sources of harm. This reality, unfortunate and unavoidable, is the irony of law.

This tension is particularly evident in the context of family law, where negative ramifications are felt personally and intimately, and in child custody cases, where the stakes are incredibly high. The best interest of the child standard was …

Gold & Blue Law Edition, Fall 2025, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Fall 2025 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Holding The Line: Maryland's Federal Accountability Unit And The Fight Against Unlawful Federal Actions, Mehek Singh

Celebrating WCL Student Authors

Introduction

In an era marked by sharp divisions between the states and the federal government, the Maryland Office of the Attorney General (OAG), with the support of the Maryland General Assembly and the Governor, created an essential mechanism for protecting Maryland's laws, funding, and programs: the Federal Accountability Unit (FAU). Established in the wake of escalating federal actions that threaten Maryland's legal and policy interests as well as the civil rights of Marylanders, particularly since the beginning of the Trump administration's second term, the FAU stands as a coordinated, impact-driven legal force. Its mission is straightforward: to monitor, challenge, and …

Statutory Copy-Pasting In The Law Of Sovereign Immunity, Chimène I. Keitner

William & Mary Law Review

Congress sometimes copy-pastes language from one statute into another statute. While this can serve the goals of consistency and efficiency, copy-pasting can cause problems when done across disparate legal regimes, such as different sovereign immunity doctrines. When Congress enacted the Foreign Sovereign Immunities Act (FSIA) of 1976, it borrowed language from the Federal Tort Claims Act (FTCA) of 1946 that exempts the exercise of “discretionary functions” from tort jurisdiction. Both statutes allow private damages claims against governmental entities in defined circumstances. Despite this superficial similarity, the statutes were enacted in very different contexts and serve fundamentally different purposes. Nonetheless, courts …

The Right To Rest: An Examination Of Maryland’S Patchwork Laws On Sepulcher, Burial Grounds, Human Remains, Derek Van De Walle

University of Baltimore Law Forum

No abstract provided.

Reforming Maryland’S Loss Of Chance Doctrine: Expanding Recovery For Cancer Patients With Survival Chances Below Fifty Percent, Iman Aziz

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Walton V. Premier Soccer Club, Inc., Katelin Carter

University of Baltimore Law Forum

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Much Ado About Critical Race Theory, Matthew Patrick Shaw

Washington and Lee Law Review

This Article offers novel observation and critical intervention in the challenge to state laws which have been adopted, allegedly, to prevent the teaching of critical race theory

(CRT) in public schools. Against the trend of recent scholarship that understands these laws as curricular censorship of topical subjects and seeks to contest their validity on those grounds, this Article more accurately identifies them as pedagogical censorship: Limits on teaching methods, which raise different, potentially more dispositive questions about the states’ educational decision-making authority—questions that the U.S. Supreme Court has long sought to avoid. But exposing these so-called “anti-CRT” laws as neither …

Unsafe At Any Speed: "Safe Third Country Agreements" - Offshoring And Eroding Legal Protections Owed To Refugees And Asylum Seekers, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Part I of this Article analyzes third country agreements and refugee transfer practices of the United States and the European Union. Part II demonstrates that, under international law, all countries are obligated to protect refugees and are prohibited from directly or indirectly sending them to a country where there is a substantial basis for believing that their life or freedom would be threatened. Part II will likewise show that the notion of "safe third country" transfer agreements and practices is often a fallacy, an oxymoron. Instead of keeping refugees safe, such agreements and practices seriously erode the fundamental non-refoulment obligation …