Digital Commons Network^™

Defending Bad Men: Public Perceptions Of Female Advocates In A Post-#Metoo Society, Grace Wallis

Saint Louis University Law Journal

As the dust settled on the heavily publicized, 2022 defamation trial of actors Johnny Depp and Amber Heard, an unlikely star stepped into the limelight: Johnny Depp’s attorney, Camille Vasquez. Over the span of the seven-week trial, Vasquez gained social media notoriety due to her frequent objections and stern trial demeanor. Vasquez’s cross-examination of Heard on May 16 and 17 of 2022 called into question Heard’s credibility and increased Vasquez’s online celebrity by a significant margin. In fact, according to Google search trends, public interest in the search terms “Camille Vasquez” reached peak popularity on May 18, 2022. Vasquez’s instant …

Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

The Ai Advocate: Tracking The Impact Of Artificial Intelligence On Trial Advocacy, John G. Browning

Loyola University Chicago Law Journal

In his annual State of the Judiciary address on December 31, 2023, Chief Justice John G. Roberts chose to focus on the use of generative AI. He cautioned that while AI "has great potential to dramatically increase access to key information for lawyers," its use "requires caution and humility" because of the risk of "dehumanizing the law." Chief Justice Roberts' timely warning, made at the height of concerns nationally about lawyers relying on fabricated case citations caused by the "hallucinations" of generative AI, could have just as easily been targeted not only to the legal profession generally, but to trial …

Public Schools: Immigration & Customs Enforcement’S Unconstitutional And Inhumane Hunting Ground, Ma Camille Briones

Roger Williams University Law Review

No abstract provided.

Institutional And Procedural Aspects Of Military Justice, Frank Rosenblatt

Journal Articles

The U.S. military justice system exists to “promote justice, to deter misconduct, to facilitate appropriate accountability, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.” It provides for disciplinary and penal sanctions of U.S. military members anywhere in the world. Given the size of the U.S. military and the scope of its operations around the world, the military justice system plays a consequential role in accountability for core international crimes, also known as atrocity crimes. The U.S. …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

Bibliography On Indigenous Rights In Canada, 1995-2025, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

The New Assault On Plyler V. Doe, Cori Alonso-Yoder, Gabriel Sanchez

SMU Law Review

The second Trump Administration has disregarded a history of bipartisan support in avoiding immigration enforcement actions in schools. Certain states have acted to further target children at school—advancing measures to exclude many from public education based on immigration status. While the Supreme Court in Plyler v. Doe affirmed the state and national interests in educating students regardless of status, the Heritage Foundation has called on states to pass legislation to overturn that decades-old precedent. While no state has yet adopted these measures, many states have tried, marking a new attack on the precedent in Plyler.

This Article builds on …

Gendered Outcomes In Student Loan Bankruptcy, Jason Iuliano

Emory Bankruptcy Developments Journal

Women are winning more student loan bankruptcy cases than men, a notable reversal that challenges what we know about gender and legal outcomes. Drawing on hand-coded data from over 1,300 adversary proceedings spanning 2007 to 2023, this Article documents a sharp post-2022 shift. Women now succeed in 89% of cases compared to 82% for men.

The puzzle is that financial metrics cannot explain this gap. Men and women who file these cases look indistinguishable on paper: similar debt loads, comparable assets, and equivalent incomes. Legal representation explains part of the story. Women are slightly more likely to hire attorneys, and …

The Hidden Cost Of Prescription Drug Discount Programs And The Lack Of Legal Protections To Protect Consumers, Gina Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Dual Purposes Of A Plea Bargaining Simulation: Pedagogical Skills Training And Controlled Data Collection Experiment About Crime Victim’S Access To Justice Via Counsel, Tung Yin

Indiana Journal of Law and Social Equality

No abstract provided.

Masthead And Table Of Contents, Vol. 26 No. 2, Wyoming Law Review Editorial Board

Wyoming Law Review

No abstract provided.

From "Amateurs" To Employees: How Nil Has Reshaped The Employment Status Of College Athletes, Joey Griesinger

Wyoming Law Review

The emergence of Name, Image, and Likeness (NIL) compensation has fundamentally reshaped college athletics, exposing a growing disconnect between the National Collegiate Athletic Association’s (NCAA) “student-athlete” model and the economic reality of modern-day college athletics. While courts have historically deferred to the principle of amateurism, this Comment argues that NIL has eroded the factual and legal foundations underlying that deference.

This Comment reframes the employment-status inquiry through the Fair Labor Standards Act’s (FLSA) economic-reality test, arguing that many college athletes today meet the statutory definition of “employees.” Drawing on Johnson v. NCAA as a structured articulation of longstanding FLSA principles, …

Ai-Powered Lawyering: Ai Reasoning Models, Retrieval Augmented Generation, And The Future Of Legal Practice, Daniel Benjamin Schwarcz, Sam Manning, J.J. Prescott, Patrick Barry, David R. Cleveland, Beverly Rich

Articles

Generative AI is set to transform the legal profession, though its most promising uses and ultimate effects are still unclear. While AI models like GPT-4 improve efficiency, they can also “hallucinate” and may undermine legal judgment, particularly in complex tasks typically handled by skilled lawyers. This article examines two emerging AI innovations that may mitigate these concerns: Retrieval Augmented Generation (RAG), which grounds AI-powered analysis in legal sources, and AI reasoning models, which structure complex reasoning before generating output. We conduct the first randomized controlled trial assessing these technologies, assigning upper-level law students to complete legal tasks using a RAG-powered …

Full Issue, Wyoming Law Review Editorial Board

Wyoming Law Review

No abstract provided.

Barriers Behind Bars: The Prison Litigation Reform Act And Prisoner Litigants' Struggle For Access To Justice, Brooke Stivers

South Dakota Law Review

Access to the courts is a constitutionally recognized right; however, prisoner litigants seeking to pursue this right through 42 U.S.C. § 1983 actions are significantly constrained by the procedural barriers imposed by the Prison Litigation Reform Act. Congress enacted the PLRA in response to a surge in prisoner litigation in the federal courts, and in effect established stringent procedural requirements that prisoner litigants must satisfy before filing a claim. This comment focuses on the requirements that a prisoner litigant must exhaust all administrative remedies and plead a plausible claim. Prisoners’ attempts to fulfill the procedural requirements of the PLRA often …

Scrappy Or Strategic? Law Firm Decision-Making In Light Of Executive Orders, Nancy B. Rapoport

Emory Business Law Review

Some of President Donald J. Trump’s early 2025 Executive Orders targeted specific law firms.  These Executive Orders have created a stir within our legal community.  Why did some firms fight those Executive Orders and other firms agree to quick settlements with the Trump administration?  In this article, I use some rudimentary concepts taken from game theory (as in, “I won’t use numbers or mathematical proofs,” so I expect actual game theorists to roll their eyes at my analysis) to analyze two games:  the game of “who within the firm will decide whether to fight or settle” and the game of …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

Revisiting Law Society Disciplinary Powers Over The Attorney General: Professional Discipline For Policy Decisions?, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In this article, I assess whether the law society can, and should, discipline the attorney general for their policy decisions and those of the cabinet. In addition to a parallel to policy immunity in tort law, I also consider other potential restrictions applicable to policy decisions, including the scope of parliamentary privilege—and related concepts—as apparently broadened in more recent decisions by the Supreme Court of Canada.

This article consists of five parts after this introduction. I begin in Part II by revisiting the statutory jurisdiction of the law society and the impact of the rule of law considerations embodied in …

Statutory Immunity Of The Attorney General From Law Society Discipline In Alberta: A Comment In Justice Statutes Amendment Act, 2025, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In December 2025, Alberta became the second Canadian province to grant its Attorney General statutory immunity from law society discipline. This comment analyzes this amendment to the Legal Profession Act and the rationales and critiques that emerged during the legislative process. It argues that, while some of the critiques were misplaced, the rationales given by the government are problematic in themselves and insufficient to justify the tension between the immunity of the Attorney General to law society discipline and the constitutional principle of the rule of law. In the absence of a more clearly articulated and justified rationale for adopting …

Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods

Journal of Criminal Law and Criminology

This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.

This study …

Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth

Dalhousie Law Journal

Supervision has been described as the “beating heart” and the “core” of clinical legal education. Yet lawyers who supervise law students in clinical programs have challenging and poorly understood roles within Canadian legal education. This article analyzes interviews with lawyers who supervise students in Canadian law-school affiliated legal clinics. Supervising lawyers describe the tensions between their roles as lawyers, supervisors and mentors, university or non-profit employees, social justice advocates, members of law societies, and clinic team members. These tensions often exist within an environment of lower pay, poor job security, substandard treatment by colleagues, and inadequate training. Despite these challenges, …

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Are We In Oz? The Constitutionality Of Inhumane Treatment In Noncitizen Detainment Centers, Grace Callahan

Student Works

No abstract provided.

Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland

Student Works

No abstract provided.

Disclose Tenant Rights: A Call For Congress To Pass A Conditional Spending Grant For State-Mandated Tenant Disclosure Forms, Salvatore Imbornone Iii

Student Works

No abstract provided.

The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster

Scholarly Works

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers …

Ensuring Ai Adequacy For Class Members, Alissa Del Riego

Nova Law Review

No abstract provided.

Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This chapter critically examines the intersection of mandatory continuing legal education (MCLE) and pro bono service in the United States, focusing on the growing practice of awarding MCLE credits for pro bono work. It argues that MCLE, widely justified as promoting lawyer competence, rests on a striking lack of empirical support and is structured in ways that undermine effective professional learning. A pro bono option for earning MCLE credit, introduced as an incentive to expand access to justice, has similarly failed to demonstrate measurable impacts on pro bono participation. Nonetheless, the pro bono option holds untapped potential because, if properly …

Maine Law Magazine - Issue No. 100, University Of Maine School Of Law

Maine Law Magazine

Features

• Maine Law’s Privacy Program Continues to Innovate
  How Maine Law’s privacy and innovation programs are preparing students for emerging legal challenges.

• New Business & Law Clinic
  Strengthening Maine’s economy one startup at a time.

• Global Experiential Learning
  From the Arctic Circle to U.N. climate negotiations, students engage with environmental law where it happens.

• Rural Access to Justice
  The Rural Practice Clinic’s impact on Maine’s growing justice gap.

• Law & Conservation Efforts
  How Maine Law alumni steward change and safeguard the future through environmental advocacy.

• Supporting Maine’s Vulnerable
  The Refugee & Human Rights Clinic expands access to justice across Maine. …