Digital Commons Network^™

Glp-1 Drugs And The Emerging Mass Tort Crisis: Navigating Legal Risks And Regulatory Gaps, Angelina Ferrara

UMKC Law Review

No abstract provided.

North Carolina's Debt Adjusting Attorney Exemption & Implications For Consumers, Carsen Olivia Masterton

North Carolina Banking Institute

No abstract provided.

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Faculty Scholarship

The current political moment, where immigrant identity is scapegoated and academic freedom is threatened, requires an affirmation of personal identity, a recognition of personal struggle, and a celebration of resilience. This Essay embraces the ideas that professional identity development is temporal and that the current conceptualization of professionalism requires embarking on a reflection journey that addresses the dissonance between personal conscience and professional duty.   Part I briefly revisits the work of Professor Margaret E. Montoya, one of the first Chicana law professors that describes the formation of her professional identity as a law student. It explores the status of Latinas …

The Pro Bono Industrial Complex, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Recent settlements between corporate law firms and the Trump Administration, consisting of donations totaling nearly $1billion in free representation, have brought law firm pro bono to the fore. Pro bono has been institutionalized in corporate law firms since the turn of the 21^st century. Pro bono evangelists and corporate law firms contend that pro bono increases access to justice and protects individual rights. Scholarship on pro bono has not challenged these claims, focusing instead on managerial and organizational incentives that could increase the number of hours corporate firms devote to pro bono. Given the prominence of corporate law firm …

Beyond Precedent: Leveraging Non-Precedential Writings In Pursuit Of Social Justice Advocacy, Marissa C. Meredith

Marquette Benefits and Social Welfare Law Review

The role of law in society is complex and often intersects with evolving societal norms, politics, technology, etc. Despite this complexity, students, especially our current Gen-Z students, enroll in law school, hoping to enact positive change within their communities through the legal system. As noted by recent studies, law students' reasons for attending law school have shifted from a “desire to have a challenging and rewarding career” to a focus on “helping others or uplifting their communit[ies]” and addressing “social justice” issues. With this change in purpose, students' expectations about the education they will receive in law school have shifted, …

All The King’S Lawyers, Rebecca Aviel

Fordham Law Review

No abstract provided.

Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law, Raymond H, Brescia

Fordham Law Review

No abstract provided.

Law's Penal-Professional World Order, Pilar Margarita Hernández Escontrías

Fordham Law Review

The attorney discipline regime has been propagandized as a necessary mechanism to police poor attorney conduct to protect the public. According to this myth, professional associations investigate attorney misconduct and impose sanctions, thus protecting the “noble profession” from attorneys who would tarnish its reputation. Violations of ethics rules lead to investigation, prosecution, and punishment by the state bar. In structure and language, state bars and judicial officers replicate the state in their use of disciplinary frameworks and regimes.

The self-regulating bar is a form of punitive governance used by the state to control entry into and expulsion from the profession. …

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Fordham Law Review

No abstract provided.

Answering Your Most-Asked Dental Benefit Questions, William Sullivan Jd, James Budd Mpp

The Journal of the Michigan Dental Association

This column examines the increasing federal scrutiny of non-compete agreements by the Federal Trade Commission (FTC). It notes that both the Trump and Biden administrations have prioritized curtailing the misuse of these agreements, particularly in healthcare. The article provides practical steps for employers to audit existing agreements for reasonableness and individualization. It encourages exploring alternatives such as non-solicitation and confidentiality clauses and stresses the importance of documenting the legitimate business interests that justify any remaining non-compete requirements to withstand future regulatory scrutiny.

Rewired: Reconceptualizing Legal Services For The Ai Age, Lev E. Breydo

Faculty Publications

The legal profession is at a crossroads, caught between intensifying fears of AI-driven displacement and a generational opportunity for transformation. This Article provides a practical framework for navigating the shifting terrain.

Situating legal innovation within a multi-century arc of technological change, the Article draws on management and strategy scholarship to develop two core organizing models: the Legal Services Value Chain and the Innovation Frontier. The value chain disaggregates the lifecycle of a legal matter into five distinct nodes of activity, providing a map for subsequent analyses

Building on that foundation, the Innovation Frontier traces LegalTech’s evolution from 2000s-vintage e-discovery to …

Remembering Captain Joseph E. Baggett, Jagc, Usn (Ret.): International Law Expert And Mentor To Generations Of Naval Officers, The Editors

International Law Studies

The editors dedicate this volume to the memory of Captain Joseph E. Baggett, JAGC, USN (Ret.), June 22, 1949 – June 23, 2025

Louisiana, Paul Upsons

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz

UC Law Constitutional Quarterly

Protecting religious liberty can present difficult challenges when religious liberty conflicts with laws prohibiting discrimination. Balancing religious liberty and nondiscrimination requires courts to accurately apply the U.S. Supreme Court’s complex First Amendment jurisprudence, including cases that address compelled speech, expressive association, and church autonomy. Amidst all the complexity, protection for religious liberty can get lost in translation. One important venue where protection can get lost in translation is in religious liberty cases decided by state supreme courts. The decisions of state supreme courts are especially significant because they provide the authoritative construction for state statutes and the state constitution. In …

Law School News: Ahmir Kenyatta L'27: Defining His Own Path As A 2l Transfer 2-25-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

The Regulatory Framework For Crowdsourced Online Dispute Resolution: Revisiting The Dispute Resolution Triangle, Yun Zhao, Zhiming Xiao

Pepperdine Dispute Resolution Law Journal

Crowdsourced Online Dispute Resolution (CODR) constitutes a transformative approach to digital-era disputes, fundamentally reconceptualizing dispute resolution through distributed participant networks rather than merely digitizing traditional alternative dispute resolution. Anchored in Katsh and Rifkin’s dispute resolution triangle (trust, convenience, expertise) and Perritt’s co-regulatory governance model, this paper analyzes CODR’s evolution from early systems such as iCourthouse to contemporary implementations. Case studies of eBay Community Court (contractual self-regulation prioritizing convenience) and Xianyu Small Court (state-aligned hybrid governance optimizing expertise through algorithmic juror specialization) demonstrate how platforms operationalize these theoretical frameworks. The legal analysis examines jurisdictional fragmentation and enforcement challenges, revealing how regulatory …

Studi Kebutuhan Hukum, Bantuan Hukum Struktural Dan Penegakan Hak-Hak Azasi Manusia, Drs. Mulyana W. Kusumah

Jurnal Hukum & Pembangunan

Abstract

Making Technology Work For Lawyers: What The History Of Tar Adoption Can Teach Us About Using Generative Ai Well, Amy B. Cyphert

Akron Law Review

No abstract provided.

Non-Waivability In Labour Law: An Australian Perspective, Joellen Riley Munton

Comparative Labor Law & Policy Journal

Australian industrial relations laws traditionally provided detailed mandatory standards through a system of arbitrated occupation-based awards. In the years since a shift to enterprise bargaining, the system has tolerated a greater level of flexibility, even in the way that legislated minima are framed. The options for waiving otherwise mandatory standards are, however, limited by procedural protections. The Fair Work Commission maintains a supervisory role to ensure that workers are “better off overall” as a consequence of their bargains. This article explains the many ways in which Australian labour standards permit flexible application, within constraints designed to preclude exploitative practices.

Disconnected Connection, Dyane L. O'Leary

Arkansas Law Review

Lawyering is a human experience in a digital world. Lawyers have long derived pride from labels like personal counselor, trusted advisor, and steady confidant. Sure, sometimes a productized legal service or one-off Turbo-Tax-style filing is all a client needs. But it’s still a people profession, the lifeblood of which is connection with others: clients, colleagues, witnesses, and countless more. Calls for attention to lawyers’ so-called “soft” skills have grown louder in recent years, tagged with descriptors like “people” or “business” or “professional” skills. Modern communication tools facilitate connection and relationship building like never before. But that which connects us threatens …

Decentralized, But Not Above The Law: Analyzing Dao Governance And Regulation, Nathan Cline

Et Cetera

Decentralized autonomous organizations (DAOs) are transforming how people collaborate and manage collective ventures, yet the law has lagged behind this innovative form of organization. Because DAOs rely on smart contracts rather than conventional organizational infrastructure, it is often unclear how they fit into existing laws. This paper defines DAOs, outlines the current regulatory frameworks governing them, and demonstrates where those frameworks fall short. It argues that DAOs should be recognized as a distinct form of corporate entity and that a tailored exemption from federal securities laws is necessary for them to operate effectively. The proposed model offers a practical path …

Patents In Paradise: The Evolution Of Patent Law In The Cayman Islands, Andrew W. Torrance, Andrew P. Morriss, Lisa C. Friedman

Journal of Intellectual Property Law

This study examines the Cayman Islands’ unique position in the global intellectual property (IP) landscape, contrasting its success as an exporter of financial and legal services with the inherently domestic nature of patent protection. We hypothesize that due to this limitation, the Cayman Islands functions as a strategic, cost-effective jurisdiction for augmenting patent protection initially obtained elsewhere. Our research provides the first comprehensive analysis of Caymanian patents, and through a quantitative examination of patent family data—including filing trends, economic valuation, geographic distribution, and assignee profiles—we find strong empirical evidence to support this thesis.
Our findings reveal a disproportionate presence of …

When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz

Articles

Protecting religious liberty can present difficult challenges when religious liberty conflicts with laws prohibiting discrimination. Balancing religious liberty and nondiscrimination requires courts to accurately apply the U.S. Supreme Court’s complex First Amendment jurisprudence, including cases that address compelled speech, expressive association, and church autonomy. Amidst all the complexity, protection for religious liberty can get lost in translation. One important venue where protection can get lost in translation is in religious liberty cases decided by state supreme courts. The decisions of state supreme courts are especially significant because they provide the authoritative construction for state statutes and the state constitution. In …

Transforming Indigent Appellate Advocacy, Rachel T. Goldberg, Estelle M. Mckee

Cornell Law Faculty Publications

Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw …

Structuring A Practice Sale: The Basics, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column provides an overview of the basic structures involved in selling a dental practice. It distinguishes between equity interest sales, which often favor sellers through capital gains treatment and liability transfers, and asset sales, which buyers generally prefer to avoid liabilities and gain tax depreciation benefits. The author discusses the role of a Letter of Intent, the importance of due diligence, and professional valuation, urging practitioners to assemble a team of specialized legal and financial advisors.

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.

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 Disaster Management Complex: Law’S Adaptations In Times Of Climate Disaster, Michael Burger, Jeffrey Schlegelmilch, Lucia Bragg

University of Chicago Legal Forum

The Anthropocene is marked by constant climate-related disasters and defined by the urgent need to foster and implement adaptations to future climate impacts that reduce disaster risk. The intensity, frequency, and severity of extreme weather events continue to rise even as nations and corporations alike miss their emissions targets, all promising a hotter, wetter, and more extreme future. A number of federal agencies, including the Federal Emergency Management Agency (FEMA), have, at times, sought to adapt their own famously fragmented responses to these changing circumstances. However, federal disaster response is conducted against a backdrop of authorizing legislation that is designed …

Women In Law And The Draft, Thomas Helgerman, Benjamin David Pyle

Faculty Scholarship

Between 1964 and 1973, women’s representation in full-time law school programs rose fivefold, from 3.7% to 20.1%. This paper examines whether Vietnam War draft policy contributed to this increase. In 1968, men enrolled in law school lost eligibility for 2-S student deferments, threatening law schools’ tuition revenues and incentivizing schools to admit more women to stabilize enrollment. To test this mechanism, we construct a school-by-year dataset of enrollment counts split by women/men and full-time/part-time status. Using a uniform adoption difference-in-differences design, we find that women’s representation rises by 2 percentage points in full-time programs relative to part-time programs (which were …

Ethics Of Artificial Intelligence For Lawyers: I’M Sorry Dave, I’M Afraid I Can’T Do That: Competence, Confidentiality, And Communication, Cliff Mckinney

Arkansas Law Notes

In Stanley Kubrick’s 2001: A Space Odyssey, the spaceship’s onboard computer, HAL, calmly refuses to follow the astronaut’s command with the chilling words, “I’m sorry, Dave, I’m afraid I can’t do that.” HAL’s response has become a cultural shorthand for what happens when human expectations collide with machine limitations. The line endures because it captures the chilling reality that machines may appear capable, but they cannot always be trusted to act in ways humans expect or need.

This installment explores three pillars of Formal Opinion 512: competence, confidentiality, and communication. These pillars focus on what lawyers need to understand about …