Digital Commons Network^™

Caremark's Politics, Itai Fiegenbaum

Cardozo Law Review

What propels the evolution of Delaware corporate law? In a series of persuasive articles, Professor Mark Roe explains Delaware corporate law developments as an effort to preempt federal intervention. If public outrage over corporate governance failures reaches Congress, federal lawmakers may impose reforms that undercut Delaware’s prominence and ultimately harm those that benefit from the prestige and lucre that come with it. To avoid this, Delaware courts strategically adjust doctrines to appear vigilant in protecting investors. Delaware’s adjudication of director oversight failures aligns with this account. In re Caremark, the seminal case renowned for its declaration of a proactive board-level …

Curricular Choices: Misconceptions Regarding Law School Courses, Constance Backhouse, Holland Stille, Avery Esford

Dalhousie Law Journal

Canadian law schools offer their upper-year students a wealth of optional curricular choices. Yet many students choose narrowly and poorly. This article addresses the misconceptions that many hold as they select their second- and third-year courses. Often students believe they need certain courses to get a job, to prepare for articling, to pass the bar exams, or to prepare for future legal careers. In most cases, these concerns are erroneous. This article urges students to choose based on factual evidence rather than imagined anxieties and on personal interest rather than the “group think” rigidity that infects much of the curricular …

Countering The Criminalization Of Solidarity: An Analysis Of Legal Frameworks Proposed To Protect Humanitarian Aid For Migrants And Asylum Seekers, Katherine E. Smart

William & Mary Journal of Race, Gender, and Social Justice

Thousands of migrant fatalities are reported each year all across the globe, and as staggering as current numbers are, they are likely an undercount. These deaths are a direct result of government policies that funnel migrants into dangerous routes through deserts and seas to deter immigration. Further, when individuals and groups step forward to provide immediate aid to migrants—such as food, water, shelter, first aid, and search and rescue (SAR)—they are often targeted by intimidation, harassment, discipline, and even criminal prosecution. Thus emerges a question: what legal framework can protect the rights of humanitarian aid workers acting in solidarity with …

Case Global: A Winning Tradition, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Volume 17, No. 1 (2025)

• CWRU once again ranked among the best in 2025 PreLaw magazine and US News & World Report rankings of International Law Program...
• Case Western Journal of International Law Tackles the Need to Update the Geneva Conventions
• Building on a Winning Tradition
• CWRU Launches New International Development Law Lab
• CWRU Establishes Spring Break in the Hague Program
• Professor Michael Scharf leads Team to Prepare Ukrainian Judges and Prosecutors to Try Environmental War Crimes
• Professor Rapp teaches Comparative Law to Saudi Administrative Judges in Riyadh
• Yemen Accountability Project publishes two new White Papers
• Immigration Clinic Builds Momentum …

Legal Insurance And Its Limits, Nora Freeman Engstrom

Michigan Law Review

Courts are buckling under the weight of a staggering access-to-justice crisis. In three-quarters of cases, at least one side lacks a lawyer, default judgments are on the rise, and most Americans with valid claims never take legal action. The situation is dire, and it understandably has policymakers casting about for a fix. On the menu are a range of uncontroversial reform ideas, such as expanding legal aid, supporting system simplification, and promoting pro bono. But it is increasingly clear that those measures—even if accomplished—would not make a dent in the problem. Attention is thus turning to other reform ideas, such …

Dispute Resolution Tailored For Digital Assets, Michele Kallo

Cardozo Journal of Conflict Resolution

As digital asset markets continue to expand, the need for efficient and reliable dispute resolution mechanisms has grown increasingly pressing. In May 2022, alone, over 200 individual and class action lawsuits related to digital assets were filed, with cases only deepening in nuance. Traditional litigation, with its high costs, slow timelines, and jurisdictional complexities, often falls short in resolving such disputes. In reaction to these limitations, decentralized arbitration platforms have emerged as spaces for dispute resolution. While innovative, these platforms’ susceptibility to issues such as market volatility, barriers to juror diversity, and impartiality limitations raise questions about their effectiveness as …

Precipitated By The Pandemic: From Remote Witnessing To Electronic Wills, Edward Ti, Hang Wu Tang

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic exposed the rigidity of will-making laws requiring in-person witnessing. Jurisdictions responded differently: some introduced temporary measures, others implemented permanent reforms allowing remote witnessing. This article compares responses in England and Wales, selected Australian states, Singapore, and Hong Kong SAR, tracing developments toward potential recognition of electronic wills. The central argument is that law reform should balance accessibility with safeguards against fraud and undue influence, avoiding overly burdensome formalities that deter compliance. The article concludes by examining how national digital identity systems could be used for the execution of electronic wills.

Are Your Secrets Safe?: Imposing A Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information, Lauren Quinn

Fordham Law Review

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States. However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers …

How The Billable Hour Can Survive Generative Ai, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The legal profession is rapidly adopting generative AI technology. With this shift has come an increasingly common assumption that generative AI will significantly reduce or even bring an end to hourly billing. The logic underlying this conclusion seems intuitive: if AI reduces the time lawyers spend on certain tasks while eliminating others altogether, then the total number of billable hours will fall. That decline, in turn, could threaten the financial viability of hourly billing, despite its place as the dominant law firm compensation model over the past half century.

This Article challenges this assumption. It argues instead that the billable …

Dentistry And The Law: Sponsoring A Foreign National To Work As A Dentist, Kate Mccarroll Jd

The Journal of the Michigan Dental Association

To employ a foreign national as a dentist in the U.S., a valid immigration status that permits employment is necessary, usually requiring employer sponsorship. The H-1B visa is the most common option, and requires the individual to hold a bachelor's degree and a state license for patient care. H-1Bs are limited in number, with far more applicants than available visas, and selections are made through a random electronic lottery every March. Exceptions to the cap exist for foreign nationals changing employers and those sponsored by cap-exempt institutions, such as universities, allowing private practices to “borrow” this status. For Canadian or …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 32 (2025-26)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Richmond Law Magazine: Autumn 2025

Richmond Law Magazine

Danielle Stokes and the energy discussion

Beyond the page

The mentorship web

Private Law Without Precedent, Danielle D’Onfro

Vanderbilt Law Review

A common-law system assumes that judges regularly issue new opinions that clarify and update the law over time. At the same time, our federal system assumes that state courts will do the bulk of judicial lawmaking, especially in private law. And, with a few exceptions, our broader legal system assumes that state private law has allocated entitlements and obligations into a coherent system. None of these assumptions has been true for a long time. This Article offers a comprehensive account of when and why these assumptions about the proper functioning of private law fail. It then uses this account to …

Children’S Rights At The United States-Mexico Border: Is The United States Of America Breaking International Laws?, Avery Anderson

Immigration and Human Rights Law Review

The treatment of migrant children at the United States-Mexico border has become a contentious issue worldwide. International human rights frameworks set certain standards for the treatment of migrant children, and there are growing allegations that the United States has violated international legal obligations due to its inadequate detention conditions. This article argues that while the United States is not explicitly violating international treaties due to specific reservations, its border policies are in direct contradiction with global norms for the humane treatment of children. Through a review of the legal obligations under customary international law and international treaties, this article highlights …

Before “Once Upon A Time”: Creative Class Exercises That May Foster Law Student Proficiency In Gathering Information During A Client Interview, Laura A. Frase

St. Mary's Law Journal

No abstract provided.

Transcending Tradition Through Inclusive Online Pedagogy, Areto A. Imoukuede

St. Mary's Law Journal

No abstract provided.

Empathy By Design: Rethinking Law School Engagement For Critical Thinking In The Age Of Artificial Intelligence, Jon M. Garon

St. Mary's Law Journal

No abstract provided.

Access Denied: The Poor's One-Hundred Year Long Fight For Judicial Equality, Austin Jones

The Ozark Historical Review

This work discusses Reginald Heber Smith's Justice and the Poor and the framework that is described within to provide equal access to the judicial system. The writer posits that this goal has yet to be reached.

Access To Algorithmic Justice Working Paper: Introducing The A2aj’S Canadian Legal Data: An Open-Source Alternative To Canlii For The Era Of Computational Law, Simon Wallace, Sean Rehaag

Commissioned Reports, Studies and Public Policy Documents

The Access to Algorithmic Justice project (A2AJ) is an open-source alternative to the Canadian Legal Information Institute (CanLII). At a moment when technology promises to enable new ways of working with law, CanLII is becoming an impediment to the free access of law and access to justice movements because it restricts bulk and programmatic access to Canadian legal data. This means that Canada is staring down a digital divide: wellresourced actors have the best new technological tools and, because CanLII has disclaimed leadership, the public only gets second-rate tools. This article puts CanLII in its larger historical context and shows …

Significant Montana Cases, Isabella Fossum, Emily Howke

Montana Law Review

No abstract provided.

Report Of The National Expert For The United States In Mapping Third Party Litigation Funding In The European Union, Maya Steinitz

Faculty Scholarship

Commercial third-party litigation funding (“TPLF”) is not centrally regulated in the United States.  It is subject to the overlapping jurisdiction of state and federal courts, state and federal legislatures, regulatory agencies, and bar associations. Legislation, regulation, and oversight of TPLF is being undertaken at each of those levels – much of it centered around the questions of when and whether TPLF should be disclosed; how to mitigate conflicts of interest created by TPLF (including the potential for claimants to lose control over their case to funders); and the identification of any foreign individuals, entities, or countries that may be providing …

Solving The No-Reading Problem With Ai, Royi Ashkenazi

The Business, Entrepreneurship & Tax Law Review

Standard form contracts bear a consistent curse: consumers do not read them. While AI-powered tools like ChatGPT are now capable of parsing and interpreting such complicated contracts efficiently, the mere existence of these technological capabilities does little to solve the core “no-reading problem”—consumers must actually adopt and use AI for this purpose. This paper proposes a novel regulatory regime that could fundamentally alter consumers’ approach to SFCs through two mandatory requirements: first, that sellers embed in their contracts direct hyperlinks or QR codes connecting to certified AI systems with pre-prepared prompts; second, that all SFCs contain a prominent clause explicitly …

Good Newsletter September 2, 2025, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Law School News: The Surprising Impact Of Pro Bono Opportunities 9-2-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Changemakers: Nate Reid : L'26 : The Surprising Impact Of Pro Bono Opportunities 09-02-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

California Public Defense Workloads And Staffing, Malia N. Brink, Pamela R. Metzger, Andrew L.B. Davies, Cynthia G. Lee

Deason Center Reports

This report assesses the current workloads and staffing of California public defense providers. The report concludes that California’s public defense attorneys are almost universally burdened by workloads that far exceed nationally recommended standards. Additionally, compared to district attorneys’ offices in the same jurisdictions, public defender offices typically have 20-45% fewer attorneys.

This report also details how public defense providers in California also lack the appropriate support staff – investigators, social workers, paralegals, and administrative assistants – necessary to efficiently and effectively represent their clients. At their current workload and staffing levels, public defense attorneys simply cannot do all that their …

Bars To Asylum For Disabled And Criminalized Noncitizens: Particularly Serious Crimes And Mental Health Evidence In Immigration Court After Matter Of B-Z-R-, Elizabeth Jordan

University of Arkansas at Little Rock Law Review

A criminal conviction can prohibit a noncitizen from accessing certain forms of relief from deportation in immigration court. Notably, certain convictions may bar a noncitizen from asylum. But what happens when that conviction is based on the manifestation of mental health disabilities? This Article is the first to explore and critique the current immigration law framework for accounting for the criminalization of a noncitizen’s mental health disability, focusing primarily on the Attorney General’s recent decision In re B-Z-R- and the missed opportunity it represents to ensure that criminalized, disabled noncitizens are still able to access justice in the form of …

Representation In The Age Of Repression: America’S Real Immigration Crisis Is The Lack Of Representation In Immigration Court, Paul Wickham Schmidt

University of Arkansas at Little Rock Law Review

No abstract provided.

Synthesis Theorization, Gauri Pillai

Denver Journal of International Law & Policy

Finding a space for reproductive rights within constitutions that are silent on them has been a perennial challenge. Most common responses fall into one of three categories. First, reading them into the right to privacy (or liberty). Second, and more recently, eschewing privacy and turning to the right to equality. And third, and most comprehensively, adding or combining privacy and equality. I argue that while rights addition avoids the need to choose between privacy and equality in framing reproductive rights, it falls short of capturing the intertwined lived reality of rights infringement. I source from within Indian constitutional law a …

Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes

Faculty Scholarship

The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.² A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.³ Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …