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Boozing And Schmoozing: Do They Improve Negotiations?, Andrea Kupfer Schneider, Michael Moffitt, Adrian Borbély, Mihaela Bonescu, Daniele Fares, Angela Sutan

Cardozo Journal of Conflict Resolution

Negotiators routinely make seemingly minor decisions about the physical environment and social conditions in which negotiations occur, including seating arrangements, room design, and the availability of shared beverages. Yet the extent to which these choices influence negotiation outcomes and relationships remains insufficiently understood. This Article presents an experimental study examining how negotiation settings and beverage availability affect both substantive outcomes and relational dynamics. Using a controlled 3 × 2 experimental design involving 288 participants engaged in simulated buyer-seller negotiations, we examine the effects of wine, coffee, and no beverage across sterile and convivial negotiation environments. The Article explores the implications …

Cultural Appreciation Within Divorce Mediation: Considering Cultural Differences When Mediating Divorces Among South Asian Arranged Couples, Alisha Augustine

Cardozo Journal of Conflict Resolution

Divorce mediation offers an alternative to litigation that can reduce costs, preserve privacy, and encourage cooperative solutions. However, mediators working with South Asian couples in arranged marriages may encounter cultural, familial, and socioeconomic considerations that conventional mediation practices do not adequately address. This Note examines the distinctive challenges that can arise in these divorces, including the social stigma surrounding separation, dowries and marital gifts, immigration and citizenship concerns, extended family involvement, traditional gender roles, child custody, and domestic violence. It distinguishes traditional arranged marriages from modern arranged marriages among South Asian Americans, emphasizing that cultural practices and individual experiences vary …

Reframing Foster Care Permanency Through Multi-Party Arbitration, Jacqueline Kitzes

Cardozo Journal of Conflict Resolution

The foster care system is intended to provide children with temporary, safe living arrangements while working toward permanency through reunification, adoption, or guardianship. Yet adversarial court proceedings, judicial backlogs, limited stakeholder participation, and insufficient judicial expertise in child development can delay permanency decisions and prolong children’s exposure to placement instability. This Note examines the shortcomings of the current judicial framework for resolving foster care cases and argues that multi-party arbitration offers a more efficient and child-centered alternative. Drawing on the historical development of the child welfare system and research concerning placement instability, permanency hearings, and stakeholder participation, the Note considers …

Regulatory Enforcement Post Jarkesy: Arbitration As An Alternative To Administrative Proceedings, Eli Mizrahi

Cardozo Journal of Conflict Resolution

The Note examines the constitutional and practical consequences of Jarkesy, which held that defendants facing SEC civil penalties for securities fraud are entitled to a jury trial under the Seventh Amendment. It considers the limitations of both administrative proceedings and federal court litigation, including concerns about agency bias, restricted discovery, procedural disadvantages for respondents, litigation costs, and delays. Against this background, the Note proposes that FINRA, or another comparable arbitral body, expand its services to offer voluntary arbitration of SEC enforcement actions. Drawing on arbitration’s potential advantages—including speed, lower overall costs, specialized expertise, procedural flexibility, and greater perceived impartiality—the Note …

Legal Scapegoating Of Transgender People, Democratic Vulnerability, And The Problem Of Judicial Blinders, Suzanne B. Goldberg

Faculty Scholarship

Over the past decade, lawmakers have proposed an extraordinary number of restrictions on transgender people across nearly every area of public and private life — bathrooms, health care, athletics, education, identity documents, military service, prisons, and more. This Article argues that these measures are best understood as legal scapegoating, meaning the use of law to galvanize public discomfort and hostility toward a targeted group. While demagogic rhetoric can also galvanize those reactions, the concrete restrictions of a legal scapegoating effort raise two further risks, one for democratic governance and the other for judicial review. First, legal scapegoating normalizes government’s use …

A Response To How Ai Destroys Institutions, Andrew M. Perlman

SMU Law Review Forum

No abstract provided.

Why I Use Ai To Assist With Legal Scholarship, Michael J. Showalter

SMU Law Review Forum

In early 2026, I wrote a short law review article, with Claude’s junior-associate assistance, in roughly fifteen hours. I was so stunned by Claude’s effectiveness that I promptly started a law firm to replicate my productivity gains for clients. But I viewed my decision to use modern technology as unremarkable—no more surprising than a lawyer skipping the law library for Westlaw when it was invented.

Unexpectedly, my story went viral on social media and polarized the legal academy. Before anyone had read the article—its identity was not initially disclosed—some professors labeled it “plagiarism,” “academic dishonesty,” and “slop.” One simply assumed, …

Richmond Law Magazine: Autumn 2026

Richmond Law Magazine

To Lead is to Empower

The House That Family Money Built

The Front Line of Virginia's Judicial Systen

Rewriting Downes V. Bidwell, Rose Cuison-Villazor

Cardozo Law Review

This Essay engages in a thought experiment. Employing the “rewriting” approach to Supreme Court cases recently used by legal scholars, this Essay provides an alternative version of the case considered most important among the Insular Cases—Downes v. Bidwell—where the Supreme Court adopted the territorial incorporation doctrine to hold that Puerto Rico is “foreign to the United States in a domestic sense.” To this day, Downes and the other Insular Cases serve as precedent for the proposition that the constitutional rights of U.S. territorial residents may be treated differently. But how would the Supreme Court have ruled if it employed Critical …

Doctrinal Interregnum In The Law Of United States Territories, Anthony M. Ciolli

Cardozo Law Review

The past decade witnessed an unprecedented renaissance in interest in the constitutional treatment of U.S. territories. Once derided as “a marginal debate about marginal places” or “‘a footnote within a footnote’ of an already niche field,” law journals published a staggering seventy articles between 2022 and 2023 focused on the law of the territories. The American Bar Association, whose founder Simeon Baldwin played an instrumental role in laying the foundations for the racist Insular Cases, and which itself actively discriminated against the territories for more than a century, passed numerous resolutions repudiating many of its past positions. Even Congress, after …

News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin

Fordham Law Review

The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.

This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …

Lord Of All I Survey: United States As Imperial Trustee Of The Insular Territories, Dolace Mclean

Cardozo Law Review

This Article examines the language of colonization established in the seminal Supreme Court case of Downes v. Bidwell, which has resulted in America’s five existing overseas territories becoming long-term colonies of the United States. Downes was decided in 1901, and it set up the U.S. Supreme Court’s Insular Cases jurisprudence in which the territories are considered unincorporated into the United States and therefore are subject to Congress’s plenary authority through the Territorial Clause of the U.S. Constitution. The U.S. Supreme Court has had a few opportunities to overrule the Insular Cases but has declined to do so. This Article argues …

How Many Pieces Form A Forbidden Picture? Protecting Privacy Through The Mosaic Theory Of The Fourth Amendment, Sam Ciaccio

MC Law Review

No abstract provided.

Red, White, And Due: How The Due Process Clause Can Prevent Homeless Encampment Cleanouts From Sweeping Individual Rights Under The Rug, Codie Hicks

MC Law Review

No abstract provided.

Law School Record, Vol. 73, No. 1 (Fall 2026), Law School Record Editors

Law School Record

• Message from the Dean
• Legal Education in the Age of AI
• Speaking Out Beyond The Bench
• Theory In Practice
• Asked and Answered
• Meet the Five Alumni Now Clerking at the US Supreme Court
• Meet Lucy Msall, MLS '23 Newest Member of the Law School Faculty
• Faculty awards and recognition
• Trial By Fire: Inside the Law School's Intensive Trial Practice Workshop
• Development News
• Law School Unveils Portrait Honoring Geoffrey Stone, '71
• In Memoriam
• A Tribute to Professor Randal C. Picker, '85
• Giving Back: Peter Kolker, '66

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• Message from the Dean
• The Country's Pioneering Health Law Center
• Celebrating the 25th Anniversary of our War Crimes Research Office
• Foundations of Practice: Beginning the Journey from Law Student to Lawyer
• CWRU Law School's Teams Win Two National Championships in 2026
• Scholarly Impact
• 2025-2026 Conferences and Lectures Roundup
• Alumni Spotlight
• Class Notes
• In Memoriam
• Campus Comeback
• Diploma Day

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

Editorial Foreword Ijsls Volume 6 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

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Regulating Police Robots, Farhang Heydari, Max Isaacs, Barry Friedman

Vanderbilt Law School Faculty Publications

Once considered a mere novelty, ground robots and aerial drones are quickly becoming a mainstream policing tool. Autonomous police robots, equipped with a panoply of cameras and sensors, have been sent into parks, schools, and train stations. Agencies across the country are piloting “Drone as First Responder” programs, which automatically dispatch drones in response to 911 calls. Police have used robots to disorient, immobilize, and use force against suspects.

Police robots may provide public safety benefits, but they may also carry real risks. The widespread adoption of highly mobile robots equipped with cameras, sensors, and analytics will only hasten the …

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …

Gagasan Kode Etik Untuk Mantan Hakim Konstitusi: Perbandingan Dengan Federal Constitutional Court Jerman, Ryan Muthiara Wasti, Fitra Arsil, Aidul Fitriciada Azhari, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

One aspect of evaluating the Constitutional Court, which has been in existence since 2003, is the issue of ethical compliance. Although a code of ethics for constitutional judges currently exists, it applies only to sitting constitutional judges. In reality, however, many former constitutional judges frequently act as parties in cases heard by the Constitutional Court. The author found that there are still former Constitutional Court judges who have served as parties—either as principals or as legal representatives. Although there is no explicit prohibition, the involvement of former constitutional judges in case proceedings raises the potential for conflicts of interest and …

Chapter 3: Blockade, Prize, And Targeting: The Revival Of Economic Warfare In Operation Epic Fury, James Kraska

International Law Studies

No abstract provided.

Rekonstruksi Pengawasan Peradilan Substantif Atas Perjanjian Penundaan Penuntutan Korporasi Dalam Perspektif Civic Trust Dan Reintegrative Shaming, Merlin Swantamalo Magna, Ariesta Wibisono Anditya

Jurnal Hukum & Pembangunan

Law Number 20 of 2025 on the Criminal Procedure Code introduces the Deferred Prosecution Agreement (DPA) as a special mechanism for corporate offenders. Article 328(8) grants judges substantive authority to assess proportionality, the impact on the national economy, and the suspect's ability to meet the agreed conditions—yet provides no clear parameters. This absence risks legal uncertainty, judicial formalism, and abuse of power, while colliding with the presumption of innocence within Indonesia's civil-law tradition, in which judges have traditionally played a passive role. This study aims to construct a dogmatic framework for judges' substantive judicial-supervision authority in the DPA mechanism. Employing …

Mengenal Hcch 1970 Taking Evidence Abroad Convention, Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

Since mid-2023, the Supreme Court of the Republic of Indonesia has prioritised the strengthening and harmonisation of Indonesian civil procedural law to better align with international practices and standards. This initiative seeks to enhance the competitiveness of Indonesian judicial institutions in resolving commercial disputes through acceding to relevant private international law instruments. The HCCH 1970 Evidence Convention is among the key private international law instruments identified by the Supreme Court as a priority for Indonesia's accession. Nonetheless, academic literature in the Indonesian language on private international law instruments, particularly those issued by the Hague Conference on Private International Law (HCCH), …

Pengenaan Data Provisioning Fee Sistem Layanan Informasi Keuangan (Slik) Terhadap Lembaga Pengelola Informasi Perkreditan: Tinjauan Implikasi Prinsip Resiprokal Dan Aspek Keadilan Dalam Pungutan Otoritas Jasa Keuangan, Gumelar Taufik Yugo Rahmanto, Gunardi Sa Lumbantoruan, Henry Darmawan Hutagaol

Jurnal Hukum & Pembangunan

The dual system model in the implementation of credit information in Indonesia makes the relationship between the Financial Services Authority (OJK) as a public credit registry and the Credit Information Management Institution (LPIP) as a private credit bureau interesting to observe. In particular, the relationship is related to access to the Financial Information Service System (SLIK), which is one of the data sources used by LPIP in carrying out its activities. This study aims to examine the implication of the principle of reciprocity in the exchange of credit information through SLIK, as well as the fairness aspect of the imposition …

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Justice Lost And Found Playlist, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.

The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke

Nebraska Journal on Advancing Justice

No abstract provided.

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.