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Turner Reavis Collection, University Of Alabama School Of Law Jan 2026

Turner Reavis Collection, University Of Alabama School Of Law

Manuscript Collections

This collection includes documents, photographs, and materials pertaining to the life, career, and extended family history of Turner Reavis (June 18, 1812 - June 13, 1872). Reavis was a businessman, attorney, judge, state senator, and a published author.


Timing Whistleblowing, Andrew K. Jennings Jan 2026

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …


Generative Ai And The Purpose Of Legal Scholarship, Michael L. Smith Jan 2026

Generative Ai And The Purpose Of Legal Scholarship, Michael L. Smith

Faculty Articles

What does generative artificial intelligence mean for the future of legal scholarship? The topic has been the talk of the town around academic watercoolers. Some legal scholars have tried their hand at producing legal scholarship using generative Al. The accompanying commentary is varied, but advocates for the technology suggest that generative Al may become a common tool for legal scholars, leaving those who refuse to adapt at a severe disadvantage.

In this article, I contemplate a world in which legal scholars routinely use generative Al to produce academic writing. I argue that an instrumental view of legal scholarship's value-a view …


Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark Jan 2026

Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark

Faculty Articles

This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose …


Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze Jan 2026

Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

Articles

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …


Cedaw's General Recommendation No. 37: A Sweeping Reconceptualization Of Women’S Rights In The Climate Crisis And A Tool To Assess State’S Compliance With Them, Ingrid Nifosi-Sutton Jan 2026

Cedaw's General Recommendation No. 37: A Sweeping Reconceptualization Of Women’S Rights In The Climate Crisis And A Tool To Assess State’S Compliance With Them, Ingrid Nifosi-Sutton

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: Climate change is one of the most formidable challenges of our time that threatens our way of life and the very existence of humankind. While climate change has negative impacts on all persons, it affects women and girls disproportionately. During floods and severe storms fueled by climate change, for example, women are more likely to die than men because they lack access to essential information on how to survive in these emergencies. In certain regions of the world—such as Sub-Saharan Africa—women smallholder farmers are bearing the brunt of climate change because, in the aftermath of droughts, these women have …


Donor Impact Report 2025-2026, University Of San Diego School Of Law Jan 2026

Donor Impact Report 2025-2026, University Of San Diego School Of Law

Donor Impact Report

No abstract provided.


Interpreting Anti-Boycott Laws In The Shadow Of The First Amendment, Joseph A. Tomain Jan 2026

Interpreting Anti-Boycott Laws In The Shadow Of The First Amendment, Joseph A. Tomain

Articles by Maurer Faculty

Thirty-eight states have enacted “anti-BDS” laws. These laws require people or entities doing business with the state to certify that they do not participate in the Boycott Divestment Sanction movement against Israel. Typically, these laws define boycott as a “refusal to deal, terminating business, or other actions” that limit commercial relations with Israel or Israeli entities. It is highly contested in the courts and commentary whether these anti-boycott laws violate the First Amendment. Assuming arguendo that the “refusal to deal” and “terminating business” clauses do not implicate the First Amendment, that leaves the residual clause. At least one court and …


Annual Report, Fiscal Year 2026, Tennessee. Department Of Correction Jan 2026

Annual Report, Fiscal Year 2026, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.


A Two-Pronged Approach To Addressing Unmet Legal Needs On The Pine Ridge Indian Reservation, Elaine Yellow Horse, Jillian Yellow Horse Jan 2026

A Two-Pronged Approach To Addressing Unmet Legal Needs On The Pine Ridge Indian Reservation, Elaine Yellow Horse, Jillian Yellow Horse

South Dakota Law Review

This Article, which marries theory and praxis, provides a focused literature review and concrete solutions for immediate implementation. It begins by exploring the existing scholarship pertaining to unmet legal needs and (in)access to justice in Indian country. It considers the overlapping yet distinct roles of licensed attorneys and lay advocates, prosecutors, and judges and how tribes have endeavored to draw the lines around these roles. After reviewing this background, the Article pivots and contributes a more nuanced perspective that concentrates on the legal system on the Pine Ridge Indian Reservation in particular. Rather than endorsing a single apparent answer to …


Access To Justice In Indian Country: Empowering Pro Se Criminal Defendants Through Holistic Defense And Resource Creation, Ilse Turner, Johanna Farmer Jan 2026

Access To Justice In Indian Country: Empowering Pro Se Criminal Defendants Through Holistic Defense And Resource Creation, Ilse Turner, Johanna Farmer

South Dakota Law Review

The question of the right to counsel for indigent criminal defendants has consumed various courts and academic journals for decades. Part of this question has revolved around the rights of indigent defendants being prosecuted in tribal courts. There has been scholarly attention devoted to the study of the rights of indigent defendants in tribal courts and the impacts of case law and congressional acts on these rights. This Article seeks to expand the scholarly works around indigent defendants in tribal courts and provide tangible solutions tribes can begin to execute without an act of Congress. This Article will discuss the …


Increasing Access To Justice Through The Use Of Indigenous Restorative Justice And Trauma Informed Practices, Carrie E. Garrow, Danielle J. Mayberry, Micaelee Horn Jan 2026

Increasing Access To Justice Through The Use Of Indigenous Restorative Justice And Trauma Informed Practices, Carrie E. Garrow, Danielle J. Mayberry, Micaelee Horn

South Dakota Law Review

Tribal judiciaries are paramount to tribal sovereignty and accessed by court users for many purposes. Access to justice ensures that everyone should be able to understand and assert their rights in a fair tribal justice system. This can be a challenge for rural areas, but even more so in Indian Country due to the complex web of factors such as legal and jurisdictional complexities, the colonization of Indian Nations by federal and state governments, and resource restraints. Due to these barriers and as an effort to serve their communities, tribal justice systems develop mechanisms that are solution based and at …


The Tribal Wills At Usd's Knudson School Of Law: A Study In Mutuality, Nimbleness, And Persistence, Thomas E. Simmons Jan 2026

The Tribal Wills At Usd's Knudson School Of Law: A Study In Mutuality, Nimbleness, And Persistence, Thomas E. Simmons

South Dakota Law Review

No abstract provided.


It’S (Not All) Personal: Civil Litigation And The Values Of Rights Of Action, Hanoch Dagan, Avihay Dorfman, Issi Rosen-Zvi Jan 2026

It’S (Not All) Personal: Civil Litigation And The Values Of Rights Of Action, Hanoch Dagan, Avihay Dorfman, Issi Rosen-Zvi

American University Law Review

Existing approaches to civil litigation, both regarding its theoretical underpinnings and its practical instantiations, take diametrically opposing perspectives on the value of personal rights of action. Some view them as inviolable and thus vehemently oppose any mandatory arbitration clauses and treat class actions as presumptively dubious. Others have no principled objection to either, as they perceive personal rights of action as mere technologies that are painlessly dispensable if the substantive values underlying the claim at hand can be realized more effectively through a more efficient mechanism.

In this Article, we reject both of these ‘all or nothing’ approaches and offer …


“Necessary” Jurisdiction: Veterans’ Rights In Article Iii Courts, Dana Montalto Jan 2026

“Necessary” Jurisdiction: Veterans’ Rights In Article Iii Courts, Dana Montalto

American University Law Review

U.S. veterans should possess the same access to courts as other Americans, but a misreading of a federal law has led many veterans to be denied an opportunity to assert their civil rights in any judicial forum. That law—38 U.S.C. § 511—grants exclusive jurisdiction over certain federal veterans benefits appeals to a specialized Article I court, the Court of Appeals for Veterans Claims. But federal judges and Department of Veterans Affairs leaders have mistakenly interpreted that grant of exclusive jurisdiction to also close the door to Article III courts, leading veterans’ meritorious claims of systemic discrimination and injustice to be …


Silenced By Fear: Undocumented Immigrant Victims Of Sexual Assault, Adriana Isabel Herrera Jan 2026

Silenced By Fear: Undocumented Immigrant Victims Of Sexual Assault, Adriana Isabel Herrera

FIU Law Review

Imagine being sexually assaulted and then having to choose between justice or deportation. In today’s climate of heightened immigration enforcement, many undocumented immigrant victims of sexual assault understandably remain silent. After all, who would risk everything just to report a crime that might get them deported? The fear of being separated from their families, ripped from the lives they have built, and sent back to dangerous conditions in their home countries prevents these victims from coming forward and seeking justice. Additionally, the current protections available to them are flawed and insufficient—primarily due to the U visa cap and prolonged processing …


Informed Applicants: Anti-Discrimination Enforcement Based On The Use Of Criminal Records, Benjamin David Pyle Jan 2026

Informed Applicants: Anti-Discrimination Enforcement Based On The Use Of Criminal Records, Benjamin David Pyle

Faculty Scholarship

Navigating the labor market with a criminal record is treacherous. Countless job applicants will be turned down immediately after a potential employer learns they have had contact with the criminal legal system. Criminal records reflect and exacerbate long-standing racial and economic inequalities in the United States. Thus, the use of records in employment decisions will often implicate anti-discrimination laws. However, successfully enforcing these protections requires job applicants to, at minimum, understand why they were not hired. Many applicants never learn why they were not hired and thus will never be able to protect their rights. This Article argues that understanding …


Race And Racism In Canada’S Immigration Detention System, Efrat Arbel, Prasanna Balasundaram, Hanna Gros, Nana Yanful Jan 2026

Race And Racism In Canada’S Immigration Detention System, Efrat Arbel, Prasanna Balasundaram, Hanna Gros, Nana Yanful

All Faculty Publications

Race and Racism in Canada's Immigration Detention System is the first comprehensive, independent study to examine race and racism in Canada's immigration detention system. Grounded in rigorous legal analysis and qualitative research, the study draws on interviews with 50 participants, including people with lived experience of immigration detention, as well as lawyers, paralegals, and service providers who work in immigration detention. The research was guided by an advisory board of people with lived-experience in immigration detention and co-led by a collaborative research team.


Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa Jan 2026

Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa

Scholarly Works

No abstract provided.


Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw Jan 2026

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Scholarly Works

This paper argues that the legal ethics of AI extend far beyond competence and hallucinations. It shows how AI often functions as a mirror, exposing deeper ethical questions about institutional incentives, lawyer wellbeing, access to justice, and AI's broader social and environmental impacts.


Integrating Human Rights Into State And Federal Court Litigation, Lauren E. Bartlett Jan 2026

Integrating Human Rights Into State And Federal Court Litigation, Lauren E. Bartlett

All Faculty Scholarship

Human rights have never been more important in the United States as they are today. After more than 10 years of dormancy, the seminal work that guides public interest attorneys in incorporating human rights work has been finally updated. The Human Rights in the U.S. Handbook for Public Interest Attorneys is a handbook that provides practical direction to public interest attorneys, including clinical law teachers, legal aid attorneys, public defenders, and others, on how to use human rights in their everyday work. The Handbook invaluably advises attorneys on best practices for using human rights arguments before U.S. state and federal …


Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley Dec 2025

Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley

University of Cincinnati Law Review

No abstract provided.


Torts, Kelly Cahill Timmons Dec 2025

Torts, Kelly Cahill Timmons

Mercer Law Review

2024–2025 was a big year for tort law in Georgia, particularly on the legislative side. Governor Brian Kemp achieved his primary goal for the 2025 legislative session, working with the Georgia General Assembly to enact significant tort reform measures. These measures change Georgia law on the collateral source rule, the relevance of seatbelt evidence, and—most notably—in the area of negligent security. All of these changes benefit tort defendants. The Supreme Court of Georgia also made its mark on tort law during the Survey period, deciding several cases involving the liability of professionals and adopting rules that— more often than not—benefited …


Legal Ethics, Patrick Emery Longan Dec 2025

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2024–May 31, 2025. The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.


Recortes Federales Amenazan La Ayuda A Sobrevivientes De Violencia Doméstica En Nueva York, Ilvea Lezama Melendez Dec 2025

Recortes Federales Amenazan La Ayuda A Sobrevivientes De Violencia Doméstica En Nueva York, Ilvea Lezama Melendez

Capstones

Este reportaje examina el impacto de los recientes recortes federales en el financiamiento de organizaciones sin fines de lucro en Nueva York. Esas que brindan servicios a sobrevivientes de violencia doméstica y dependen en gran medida de subvenciones federales y fondos públicos para operar refugios, líneas de ayuda en crisis, servicios legales, consejería y apoyos culturalmente específicos. La reducción de recursos ha provocado interrupciones en los servicios y una disminución en la capacidad de atención, justo cuando la demanda de apoyo por parte de las sobrevivientes dentro de comunidades inmigrantes. A través de entrevistas con proveedores de servicios y expertos …


Law School Should Not Be The Only Path To A Law License, Drew Thornley Dec 2025

Law School Should Not Be The Only Path To A Law License, Drew Thornley

Widener Commonwealth Law Review

No abstract provided.


Looking Down The Road: The First Steps To A Public Interest Law Career, Amy Leipziger Dec 2025

Looking Down The Road: The First Steps To A Public Interest Law Career, Amy Leipziger

Vanderbilt Social Justice Reporter

No abstract provided.


April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder Dec 2025

April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder

Vanderbilt Social Justice Reporter

No abstract provided.


A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues Dec 2025

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …


Betrayal Of Trust, Restoration Of Hope: How To Enforce The Law And Transform The Lives Of Immigrants Ripped Off And Damaged By Bad Lawyers And Scammer Notarios, Vanessa Merton Dec 2025

Betrayal Of Trust, Restoration Of Hope: How To Enforce The Law And Transform The Lives Of Immigrants Ripped Off And Damaged By Bad Lawyers And Scammer Notarios, Vanessa Merton

St. John's Law Review

(Excerpt)

Immigrants seeking lawful status, or otherwise facing denial of entry or deportation, have no right to counsel at government expense. Not even the most sophisticated immigrant can effectively navigate the morass of U.S. immigration law, frequently described by federal judges as “labyrinthine,” “baffling,” “arcane,” and “almost as impenetrable as the Internal Revenue Code.” Competent, ethical representation is essential and, in theory, available from lawyers or accredited representatives. Yet, for most, such representation is shockingly hard to locate and prohibitively expensive. While over 200 nonprofit organizations provide low-cost or free representation to noncitizens, they can assist only a small fraction …