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Articles 31 - 60 of 23630
Full-Text Articles in Entire DC Network
Foreword, Adam Fortier-Brown
Foreword, Adam Fortier-Brown
Maine Law Review
Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …
Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa
Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa
Faculty Scholarship
Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …
Active Limited Partners Flunk Functional Test, Karen Burke
Active Limited Partners Flunk Functional Test, Karen Burke
UF Law Faculty Publications
In 1977, Congress enacted section 1402(a)(13), which exempts limited partners "as such" from self-employment tax on their share of partnership income. A half century later, active investment management professionals have claimed limited partner status to avoid self-employment tax on investment management fees, seemingly standing this anti-abuse rule on its head. While the Treasury twice issued proposed regulations to clarify and modernize the definition of a limited partner, these attempts encountered a firestorm of protest. The Tax Court's controversial Soroban decision rejected claims that state-law limited partners are automatically exempt from self-employment tax, holding that a functional analysis is required to …
There Is No Free Benchmark: An Institutional View Of Legal Ai Benchmarking, Neel Guha, Andy K. Zhang, Christine Tsang, Christopher D. Manning, Julian Nyarko, Daniel E. Ho
There Is No Free Benchmark: An Institutional View Of Legal Ai Benchmarking, Neel Guha, Andy K. Zhang, Christine Tsang, Christopher D. Manning, Julian Nyarko, Daniel E. Ho
Faculty Scholarship
Despite substantial excitement around the use of AI in law, little information exists on the performance and associated risks of the domain’s widely marketed tools. Recent work, for instance, has demonstrated the significant potential for “hallucinations” — wherein models make up facts, law, and precedent — leading Chief Justice Roberts to spotlight this risk in his annual report on the judiciary. We argue that there is a need for public AI benchmarking in law. First, relative to other AI application domains, the legal AI ecosystem lacks legibility — there is little information about the design and performance of many commercial …
Operational Agency: A Permeable Legal Fiction For Tracing Culpability In Ai Systems, Anirban Mukherjee, Hannah H. Chang
Operational Agency: A Permeable Legal Fiction For Tracing Culpability In Ai Systems, Anirban Mukherjee, Hannah H. Chang
Research Collection Lee Kong Chian School Of Business
Modern artificial intelligence (AI) systems act with a high degree of independence yet lack legal personhood—a paradox that fractures doctrines grounded in human-centric notions of mens rea and actus reus. This Article introduces Operational Agency (OA)—a permeable legal fiction structured as an ex post evidentiary framework—and Operational Agency Graph (OAG)—a tool for mapping causal interactions among human actors, organizations, and AI systems. OA evaluates an AI’s observable operational characteristics: its goal-directedness (as a proxy for intent), predictive processing (as a proxy for foresight), and safety architecture (as a proxy for standard of care). OAG operationalizes that analysis by embedding these …
Using Ai Centaur Systems To Strengthen Professional Judgment, John Lande
Using Ai Centaur Systems To Strengthen Professional Judgment, John Lande
Journal of Dispute Resolution
This article encourages dispute resolution practitioners to use artificial intelligence (AI) “centaur” systems, which may perform better than either humans or AI tools operating independently. Centaur systems combine human and AI capabilities so that each contributes complementary strengths in decision-making. This is particularly important in managing legal disputes, where practitioners should integrate analysis of legal issues, tangible and intangible costs, strategic judgment, and ethical considerations.
Beyond City Limits: Access To Adr And Child Client-Directed Counsel In Missouri’S Rural Family Courts, Reghan Matlock
Beyond City Limits: Access To Adr And Child Client-Directed Counsel In Missouri’S Rural Family Courts, Reghan Matlock
Journal of Dispute Resolution
Reba McEntire once sang, “Don’t trust your soul to no backwoods southern lawyer”—a warning that still echoes in today’s debates about rural justice and representation. The catchy murder ballad captures a story driven by dramatic family ties and a broken justice system. While the song exaggerates for effect, it taps into a realistic concern: an existing divide in access to justice between rural and urban communities. This divide impacts all areas of law, including family law—where concerns about confidentiality and privacy are heightened because small communities make it difficult to shield sensitive matters from public view. The divide is troubling, …
Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power, Victoria Seever
Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power, Victoria Seever
Journal of Dispute Resolution
Courts and policymakers often promote family dispute resolution as a faster, less adversarial alternative to traditional litigation. Yet for many women of color, the mediation table often replicates the same racial and gender power imbalances that the legal system claims to mitigate. Family Dispute Resolution (“FDR”) often fails women of color by reinforcing racialized and gendered power imbalances. Alternative dispute resolution (“ADR”), especially mediation, presents both an opportunity and a risk in divorce, custody, and intimate partner violence (“IPV”) cases. IPV cases become especially difficult with the various laws in different states that govern how mediation should be used and …
Aligning Artificial Intelligence To The Law, Jack Boeglin
Aligning Artificial Intelligence To The Law, Jack Boeglin
Villanova Law Review (1956 - )
No abstract provided.
Aging Alone In Malaysia: Social Challenges And Legal Protections, Jal Zabdi Mohd Yusoff, Zulazhar Tahir, Siti Zaharah Jamaluddin
Aging Alone In Malaysia: Social Challenges And Legal Protections, Jal Zabdi Mohd Yusoff, Zulazhar Tahir, Siti Zaharah Jamaluddin
Hasanuddin Law Review
According to The Japan Times, nearly 28,000 elderly individuals in Japan will die alone in the first half of 2024. This alarming trend is not unique to Japan; many countries, including Malaysia, are facing the challenges of an aging population. As Malaysia approaches becoming an aging nation, issues affecting the elderly, particularly those living alone, demand urgent attention. While not all elderly people face the same circumstances, some enjoy stable finances or live with their family, while others live in isolation due to various factors, such as remaining unmarried, widowhood, or estranged familial ties. Some are simply separated by their …
Until The Cages Are Empty: Transgender Criminal Defense As A Necessary Tactic Of Prison-Industrial Complex Abolition, Lark Mulligan
Until The Cages Are Empty: Transgender Criminal Defense As A Necessary Tactic Of Prison-Industrial Complex Abolition, Lark Mulligan
UC Law Journal of Race and Economic Justice
This article is a practical guide in the fight to abolish the prison-industrial complex as well as institutionalized transphobia and cissexism. Focusing specifically on the practice area of criminal defense, this article proposes a model that must be replicated across jurisdictions wherever transgender people are criminalized. By instituting an interdisciplinary team approach that is non-hierarchical, strengths-based, trauma-informed, community focused, holistic, harm-reductionist, and abolitionist, practitioners will find their role in this movement as one of consensus building, knowledge sharing, community empowerment, institutional navigation, and access distribution. As discrimination and violence against trans people continues to rise, practitioners must learn to not …
A Lawyer’S Responsibility To The Rule Of Law, Joseph Mead
A Lawyer’S Responsibility To The Rule Of Law, Joseph Mead
Et Cetera
The American legal system faces a growing crisis as the gap between vested rights and judicial remedies expands. Attacks on the legal profession deter lawyers from taking on lawsuits challenging the federal government, potentially expanding the gap between right and remedy. This essay describes how the legal profession has responded to this moment and urges attorneys to renew their commitment to the rule of law.
The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold
The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold
Undergraduate Theses, Capstones, and Recitals
Despite the large number of attorneys in the United States, the disproportionate concentration of attorneys in urban areas leaves rural residents to navigate the complex legal system on their own. This uneven distribution creates ‘legal deserts’, or areas where residents lack access to attorneys. The Southwestern United States has especially dire legal deserts, and Nevada is no exception. While defendants in criminal matters are guaranteed legal representation, parties in civil legal issues are not granted the same right to representation. Civil legal issues largely impact vulnerable populations and can have profound impacts on individuals’ family, economic circumstances, and physical wellbeing. …
The Commons Of The Mind: Modeling Repeat-Player Behavior In Intellectual Property Infringement Disputes, Eliot Bridges Warner
The Commons Of The Mind: Modeling Repeat-Player Behavior In Intellectual Property Infringement Disputes, Eliot Bridges Warner
University Honors Theses
This thesis investigates the applicability of Marc Galanter's 1974 model of repeat-player (RP) and one-shotter (OS) civil litigation to the domain of intellectual property (IP) infringement disputes. While Galanter's framework predicts that repeat players will enjoy structural advantages over one-shotters, this paper argues that IP deviates from that model in consequential ways. Unique features of IP infringement litigation, including the duty to enforce, the risk of invalidation at trial, the inverse relationship between firm size and infringement stakes, and compounding advantages accruing to large firms, produce a hierarchy of strategic advantage that is more steeply resource-dependent than Galanter anticipates.
Drawing …
From Party Policy To Law: The Formalization Of The Chinese Communist Party’S Role In State-Owned Enterprise Governance, Jie Zeng
San Diego International Law Journal
For the first time, grassroots branches of the Chinese Communist Party (CCP) were formally granted leadership roles and major decision-making authority under Chinese Company Law in 2024. This change has made China the only jurisdiction that has, at the national law level, authorized its main political party to engage directly in corporate governance without being a shareholder. While this may appear to be the result of President Xi Jinping’s party-building campaign, party involvement in corporate governance goes back to the Maoist era. This Article examines the evolution of state-owned enterprise (SOE) governance from 1949 to the present, illustrating that even …
Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith
Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith
Journal of Feminist Scholarship
In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …
Dentistry And The Law: The Need To Designate A Patient Of Record, Daniel Schulte Jd
Dentistry And The Law: The Need To Designate A Patient Of Record, Daniel Schulte Jd
The Journal of the Michigan Dental Association
This legal column addresses the legality of delegating dental procedures to hygienists before a dentist has examined the patient. Author Dan Schulte clarifies that under Michigan’s Administrative Code, procedures may only be delegated if the individual is a "patient of record". This status requires a dentist to have personally performed an evaluation and diagnosis within the previous 24 months. Consequently, seeing new patients for cleanings or X-rays before a dentist's involvement is non-compliant with state law.
The Court Of Small Things, The Curse Of Legal Superstition: The Precipitous Decline Of Small Claims Court, Why It Matters, And What Can Be Done About It, Telia Mary U. Williams
The Court Of Small Things, The Curse Of Legal Superstition: The Precipitous Decline Of Small Claims Court, Why It Matters, And What Can Be Done About It, Telia Mary U. Williams
Nevada Law Journal
This Article addresses the precipitous decline of small claims courts in the United States and argues that their erosion is more than administrative; it is a democratic and constitutional crisis. Small claims courts were once the laboratories of everyday justice, where ordinary citizens could access law without lawyers, ritual, or mystery. The seemingly minor disputes of the small claims court illuminate the democratic soul of American law. Yet, over recent decades, filings have declined dramatically, and the locus of power has shifted from the poor to repeat-player institutional actors. This is in part due to what I call, “legal superstition,” …
Understanding Victim Experiences Within The Criminal Justice System, Carmen Hardin, Caron Lott
Understanding Victim Experiences Within The Criminal Justice System, Carmen Hardin, Caron Lott
Journal of Criminal Justice and Law
This study explores crime victims’ perceptions of participation in criminal justice proceedings. In all, eight (8) interviews and 314 surveys of crime victims were conducted in Arkansas. Among crime victims, 92% reported the crime to the police, 76% felt the case’s outcome served justice, 78% would be okay attending court again, 45% felt very safe in court, and 38% strongly agreed that their needs and wishes were considered in court. Three main themes emerged from the interviews: 1) impact of crime victimization on individual needs, 2) perceived access to mental and physical well-being support, and 3) perceptions of crime victims …
Calvip Cohort 4 Local Evaluation Report: Peace And Justice Law Center’S Legal Services To Support Gang Desistance, Nyla Baxter-Williamson Ma, Kirsten Chaplin Ma, Tori Luna Ma, Topher Mcdougal Phd
Calvip Cohort 4 Local Evaluation Report: Peace And Justice Law Center’S Legal Services To Support Gang Desistance, Nyla Baxter-Williamson Ma, Kirsten Chaplin Ma, Tori Luna Ma, Topher Mcdougal Phd
Kroc IPJ Research and Resources
This Local Evaluation Report assesses the implementation and outcomes of the Peace and Justice Law Center’s Legal Services to Support Gang Desistance (LSSGD) project, funded by the California Board of State and Community Correction’s California Violence Intervention and Prevention Program (CalVIP) Grant, Cohort 4. Through LSSGD, PJLC sought to provide direct legal services to current or formerly gang-involved individuals, as well as those treated by law enforcement as gang-involved, to reduce legal obstacles to desistance, expand access to lawful employment, promote family stability, and improve trust in legal institutions. The Joan B. Kroc Institute for Peace and Justice (Kroc IPJ) …
Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw
Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw
Michigan Law Review
A review of AI Snake Oil.By Arvind Narayanan and Sayash Kapoor.
The Post-Process Apostasy: Canaries, Calculators And Cathedrals, Thomas O. Main
The Post-Process Apostasy: Canaries, Calculators And Cathedrals, Thomas O. Main
University of the Pacific Law Review
No abstract provided.
Rehabilitation Or Retribution? A Socio-Legal Comparison Of Criminal Sanctions And Social Reintegration In Indonesia And Spain, Ridwan Arifin, Izan Mateo Cassandro
Rehabilitation Or Retribution? A Socio-Legal Comparison Of Criminal Sanctions And Social Reintegration In Indonesia And Spain, Ridwan Arifin, Izan Mateo Cassandro
The Indonesian Journal of Socio-Legal Studies
This study examines the legal, institutional, and socio-cultural mechanisms influencing the social reintegration of ex-offenders in Indonesia and Spain. Despite a global trend toward rehabilitative approaches, practical implementation reveals significant divergence due to structural, cultural, and economic factors. Indonesia’s penal system, guided by Law No. 22 of 2022 and the new Criminal Code (KUHP), emphasizes statutory rehabilitation and vocational and spiritual programs. However, challenges such as prison overcrowding, limited post-release support, and societal stigma constrain effectiveness. Judicial decisions indicate cautious application of restorative provisions, reflecting both public expectations and institutional limitations. In Spain, rehabilitation is constitutionally entrenched under Article 25(2) …
Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh
Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh
BYU Law Review
This Article provides an empirically based portrait of a population that is typically hidden from the public eye and has received scant attention in legal scholarship: Christian lawyers who engage in public interest work that falls outside the political right. Throughout the legal profession, lawyers who treat their Christian faith as a component of their professional identity and who actively endorse a politically conservative worldview are visible and active. With such lawyers’ increased prominence, growing political polarization, and reports of shifting levels of religiosity in the United States, the prospect of Christianity being perceived as synonymous with political conservatism seems …
The Bluebook: An Insider’S Perspective, M. Burke Craighead
The Bluebook: An Insider’S Perspective, M. Burke Craighead
Michigan Law Review
A review of The Bluebook: A Uniform System of Citation. Edited by Columbia Law Review Association, Harvard Law Review Association, University of Pennsylvania Law Review and The Yale Law Journal.
When Lawyers Protest, Renee Knake Jefferson
When Lawyers Protest, Renee Knake Jefferson
Michigan Law Review
A review of Lawyer Nation: The Past, Present, and Future of the American Legal Profession. By Ray Brescia and a review of Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. By W. Bradley Wendel.
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
Seattle University Law Review
This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.
This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …
J Mich Dent Assoc June 2026
The Journal of the Michigan Dental Association
Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.
The June 2026 (Volume 108, No. 6) issue of the Journal is published in digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.
The June 2026 issue of the Journal of the Michigan Dental Association provides association updates, legal advice, and clinical …
Reforming Funding To Better Defend Families: Holistic Preventive Legal Advocacy That Checks Cps Agency Power, Joshua Gupta-Kagan
Reforming Funding To Better Defend Families: Holistic Preventive Legal Advocacy That Checks Cps Agency Power, Joshua Gupta-Kagan
Faculty Scholarship
The federal government has provided funds to support legal representation of parents facing allegations of child neglect or abuse since 2019, across administrations of both parties. That funding illustrates the field’s recognition of parent defense’s importance to improving outcomes and reducing harms from the family regulation system, especially once CPS agencies file petitions against parents. Federal Title IV-E funding supports parent representation in those family court cases and for parents at risk of facing such cases. That funding has been an essential boon to parent representation and the benefits that flow from it. It is nonetheless time to take a …
2026 Commencement Exercises, Benjamin N. Cardozo School Of Law
2026 Commencement Exercises, Benjamin N. Cardozo School Of Law
Commencement Programs
Order of Exercises
Processional:
Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald
Presiding:
Selma Botman, PhD, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal
Rabbi Dr. Ari Berman, President, Yeshiva University
National Anthem:
Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008
Remarks:
Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991
Commencement Address:
Hon. Rowan D. Wilson, Chief Judge of the State of New York and the New York Court of Appeals
Student Remarks:
Quentin Decurnes, LL.M. Class Speaker, Class of 2026
Basya Bates, …