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Rulemaking Behind Closed Doors: Governor Abbott’S Secret Rulemaking. Worse Yet, All State Agencies Are Colluding With The Governor, Ronald Beal

SMU Law Review Forum

In 2019, the Texas Legislature granted the Governor new powers to review the rulemaking process for certain state agencies. Since then, the Governor has apparently extended this authority of review over the rulemaking process to more agencies than he was authorized to. Some journalists and scholars, including this Author, have attempted to access the proposals and comments submitted to the rulemaking process by the Governor’s Office—and yet the records are withheld by the Texas Attorney General under claimed exceptions to the Texas Public Information Act. Despite the Attorney General’s claims, this Author and others maintain that any records of these …

Remarks On The Evolution Of The Legal Profession, E. Gregory Wells

University of the District of Columbia Law Review

Good afternoon, and thank you for that wonderful introduction. My name is Gregory Wells, I have the privilege of serving as Chief Judge of the Appellate Court of Maryland, and I am honored to be one of your keynote speakers at today’s symposium. Thank you, Jalissa Spalding and the members of the Law Review at the UDC David A. Clarke School of Law for inviting me to give this address as we discuss recent changes in the legal profession. It is a pleasure to be here.

The legal profession evolves with changes in societal norms, philosophy, communication, and transportation. Perhaps …

Think, Reflect, Refine: Shaping The Modern Lawyer, Camesha Little

University of the District of Columbia Law Review

Modern law students are entering the profession during an era when our society is fraught with many atrocities. These societal challenges come at a time when students are increasingly engaged in more social advocacy. Modern law students are also coming into legal training with skills and resources different from those of generations in the past. Additionally, almost daily, our newsfeeds are littered with headlines about the benefits, challenges, and fears of integrating generative artificial intelligence (“AI”) into our world. The legal system is not immune to this conversation. There have been discussions about how generative AI, such as ChatGPT, will …

Beyond Human Discretion: Reconciling Ai Systems With Traditional Legal Frameworks, Daniel Ikem

University of the District of Columbia Law Review

In February 2023, attorneys representing a plaintiff in a personal injury case against Avianca Airlines submitted a legal brief containing multiple citations to nonexistent judicial decisions generated by ChatGPT. When questioned by the court, the attorneys admitted they had relied on research generated by artificial intelligence (AI) without verification, resulting in sanctions and reputational damage. Mata v. Avianca both represents professional negligence by legal professionals and a complex intersection of human and artificial intelligence. Unlike traditional research tools that retrieve existing information, generative AI (GAI) creates novel content that appears authoritative, introducing unique verification challenges that traditional ethical frameworks did …

Encouraging Expanded Producer Responsibility In Agricultural Labor Relations, Emma I. Scott

William & Mary Environmental Law and Policy Review

Over two million farmworkers provide essential support to the country’s food system. As detailed below, their current working conditions, living conditions, and legal protections do not reflect the importance of their contributions. As regulations and enforcement have fallen short in securing their rights and economic position, public incentive schemes can encourage improvements and equip grower-employers to reverse the race to the bottom and instead become leaders in providing dignified work opportunities. This Article looks at recent attempts and opportunities to leverage federal policies and programs to incentivize this type of leadership. It proposes that the U.S. Department of Agriculture (USDA) …

Legal Market Decartelization, Milan Markovic, Nuno Garoupa

Faculty Scholarship

American lawyers’ grip on the legal market is receding. Scholars and policymakers increasingly agree that the public has little to lose and potentially much to gain from legal market decartelization - the weakening of the lawyers’ monopoly over the legal services market. Harkening to deregulatory initiatives abroad and in Arizona and Utah, reformers contend that removing restrictions on the corporate delivery of legal services and unauthorized practice of law will slash costs and expand access to justice.

Drawing on economic theory and recent market developments, this Article offers a cautionary rejoinder. Understandable concerns about cartelization and lawyer rent-seeking have led …

Abuse, Neglect, And Abandonment: The Need To Protect Immigrant Minors Through Standardized Definitions, Bailey Morris Gurr, Lila Bird Williams

Brigham Young University Prelaw Review

Special Immigrant Juvenile Status (SIJS) applications are inconsistently adjudicated across states due to varying definitions of abuse, neglect, and abandonment. This inconsistency creates geographic disparities in protection, leaving vulnerable immigrant minors at risk of deportation; in the worst-case scenario, children who meet the criteria in one state may be denied in another and sent back to unsafe or life-threatening conditions. This paper argues for federal oversight to standardize SIJS criteria by amending the Child Abuse Prevention and Treatment Act (CAPTA) to establish unambiguous definitions of abuse, neglect, and abandonment, ensuring fair and consistent adjudication nationwide. Legal scholars widely recognize the …

Familial Fairness: Guaranteeing The Right To Counsel For Indigent Parents In Juvenile Dependency Proceedings, Jake Toth

Dickinson Law Review (2017-Present)

Fairness principles enumerated in the seminal case Gideon v. Wainwright stand for the proposition that fundamental fairness and due process require appointment of counsel for indigent litigants. However, this principle has been constrained to criminal contexts. Many other types of litigation are just as impactful as a criminal proceeding, including juvenile dependency proceedings. Nevertheless, indigent parents do not enjoy an unqualified representation right.

This Comment traces the history of the representation right and how it has been treated in a juvenile dependency context, beginning with Gideon itself and examining other cases such as Eldridge and Lassiter. It then examines …

21st Annual Diversity Symposium Dinner 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Gold & Blue Law Edition, Spring 2025, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Spring 2025 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Stopping The Zombie Apocalypse, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Against Criminalizing Wage Theft: Lessons From The Antitrafficking Movement, Stephanie Richard

Cardozo Law Review

Criminalizing wage theft is a popular idea. This Article argues that--based on practitioners' experience with human trafficking--workers' rights groups, legislators, and prosecutors should reconsider embracing the criminalization of wage theft as an effective response to preventing this form of abuse. Twenty years of experience with trafficking cases and data show that criminalizing wage theft is likely not only to be ineffective but also to cause further harm to the victims and vulnerable communities who suffer the most from wage theft. A review oflabor trafficking cases and data shows the frequent negative impacts on victims from criminal prosecutions that would be …

Audit Report For Legal Information Assistant (Lia), Keith Porcaro, Dana Han, Madhavi Nambiar, Daniela Pereira Salas, Cher Qin, Lisette-Victoria San Pedro

Duke Center on Law & Technology

No abstract provided.

Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian

Cardozo Journal of Equal Rights & Social Justice

The note critically examines the limitations of Kendra's Law in New York, which provides Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses. While the law aims to balance public safety and individual rights, its strict eligibility criteria often prevent timely intervention, leading to worse outcomes for those in need. The note proposes reforming the law to prioritize clinical assessments over past actions, enabling earlier intervention while respecting individual rights. This reform would address the law's retroactive nature and promote a more proactive, compassionate approach to mental health care.

Rethinking The Litigation Boom, Charlotte S. Alexander

Vanderbilt Law Review

This Article rethinks the functions and functioning of litigation booms. Using an original data set that tracks Fair Labor Standards Act cases during the 2000–2016 period, the Article shows that booms are not anomalies but are instead an expected behavior in our distributed system of civil law enforcement. Specifically, plaintiffs and their lawyers “herd” or converge on a particular type of case, fueled by information transmitted via networks, made available to the general public, or both. The data also reveal that booms can end on their own, reaching a natural tipping point without legislative or judicial retrenchment. This analysis has …

Navigating The Paths To Justice: A Study On The Role Of Social Supports In Responding To Justiciable Events, Andrew Pilliar

Journal of Law and Social Policy

This article reports the results of an in-depth qualitative study of advice-seeking behaviours in a large Canadian city. Nine participants were recruited from neighbourhood houses in the Vancouver area to discuss their experiences in responding to one of two kinds of justiciable event: a personal injury or a government benefits problem. The paper offers a detailed discussion of nuances in how individuals experienced, characterized, and took action in response to their justiciable problem. Notably, many of the research participants spoke about the importance of social supports and the contingent nature of those supports, both in understanding what they had experienced …

Good Newsletter March 28, 2025, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …

A Constitutional Right To Counsel In Eviction Proceedings: Solutions To Ohio's Housing Stability Crisis, Audrey M. Woodward

University of Cincinnati Law Review

No abstract provided.

Book Review: How To Set Up And Run A Law Clinic, Peggy Maisel, Paul R. Tremblay

Faculty Scholarship

This book answers many questions for those tasked with deciding whether and how to fund a law school clinic. It also provides metrics by which to evaluate the operations of a clinic. And finally, this book addresses not just how best to run a clinic, but in many ways how best to deliver legal services to a community in great need of legal help, whether through a law school program or in the neighborhood. It answers questions every legal aid office in the world with limited resources must answer: how to choose clients, how to decide which services the clients …

Breaking Up With The Anti-Hero: How 303(B)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, And Crises, Kelly M. Gamble

Maine Law Review

The American Bar Association’s issuance of Standard 303(b)(3) represents a pivotal shift compelling law schools to adapt their approach to the evolving needs of law students, lawyers, and the profession. The Standard serves as an invitation to re-evaluate the relationship between the primary curriculum and student support frameworks. This Article proposes a comprehensive approach to infuse professional identity development throughout the first year of law school. While professional identity development requires ongoing efforts, sometimes tailored to particular practice interests, this Article contends that all students benefit from early explicit instruction on foundational professional identity competencies. This Article first outlines the …

The Market Value Of Partisan Balance, Brian D. Feinstein, Daniel J. Hemel

Northwestern University Law Review

For the past century, Delaware’s constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political party. Some scholars and jurists theorize that Delaware’s commitment to a politically balanced judiciary increases the state’s attractiveness to out-of-state corporations and adds value to Delaware-chartered firms. These claims echo a larger literature in law and the social sciences positing that ideological diversity improves decisional quality. Recently, a series of federal court decisions in the case of Adams v. Carney put these claims to the test. In December 2017, a federal district court …

"I Was Young And Dumb": Why Age Should Be Considered In The Military Discharge Upgrade Process, Ashlyn Anderson-Keelin

Texas A&M Law Review

Approximately 40% of the United States military is no older than 25. Despite the robust and continued prevalence of young people serving in the Army, Navy, Air Force, Marines, Coast Guard, and Space Force, no special consideration is explicitly given to a servicemember’s age when considering upgrades for those discharged under less-than-honorable conditions. These young people volunteer to risk their lives, expecting to be honorably discharged and eligible to receive the benefits promised to them during recruitment and enlistment; however, many instead find themselves with a less-than-honorable discharge, thereby barred from the benefits that motivated them to join in the …

The Road To Slow Deportation, Elana Fogel, Kate Evans

Duke Law Journal

Traffic stops are the most common form of police-initiated contact with members of the public. The sheer volume of traffic stops combined with their use as a pretext to surveil Black and Latiné communities has generated substantial scholarship and movements for police reform. Yet this commentary assumes that the subjects of traffic stops are U.S. citizens. At the same time, scholarship on the intersection of criminal and immigration law and the convergence of their enforcement methods focuses on traffic stops as the immediate entry point for removal proceedings. This Article addresses the gap in literature by describing the experience of …

Justice On The Home Front: Domestic Prosecution Of Foreign Combatants During Wartime, Katherine K. French

Duke Law Journal

Russia's 2022 full-scale invasion of Ukraine produced a shock to the world order. The conflict has led to immense suffering for the Ukrainian people, many of whom have fled their homes or are directly involved in the fighting. In some instances, the use of improper tactics by both sides exacerbates the devastation, even amounting to war crimes. Although the war rages on, justice efforts have already begun. International tribunals and foreign countries’ domestic courts have initiated investigations into alleged violations of international law and prosecutions of the perpetrators. The most significant effort, though, has been within Ukraine’s own courts. These …

Embrace The Chaos: Contributing To Experience In The Face Of Ai And Nextgen, Margaret Moore Jackson

Pace Law Review

This article asserts that the combination of AI-assisted writing tools and the immediacy of the NextGen Bar compel changes in legal education’s goals, expectations, and delivery methods. Topping off these forces, the ABA is considering increased requirements for additional experiential credits prior to graduation. These challenging mandates provide opportunities for law faculty, who can construct courses that help students learn through integrated experiential credits while promoting and spreading legal knowledge to organizations that lack legal advice.

Through the example of a Housing Discrimination course, this article demonstrates a method for constructing a course that is resigned to the presence of …

Zooming In On Rule 45: Analyzing The Viability Of Using Virtual Testimony To Overcome Rule 45’S Geographic Restriction, Brandon M. Hornlein

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Multidisciplinarity And Interdisciplinarity In Law, Yael Efron, Yossi Korazim-Kőrösy, Mohammed S. Wattad

Cleveland State Law Review

This article aims to dismantle walls and barriers, tracking the contemporary trends in law that acknowledge the significant value of interdisciplinary cooperation. We strive to explore how collaborative contemplation on a legal issue, incorporating two or more academic and practical viewpoints, can enhance interactions across multiple disciplines, improve comprehension of intricate problems, and guide interventions. Ultimately, such collaborations can yield an innovative and synergistic knowledge base, fostering the development of new theories capable of explaining complex human phenomena from varied perspectives. These diverse vantage points are expected to generate superior and more fitting outcomes than those achievable by the field …

Smart Resolutions: Exploring The Role Of Artificial Intelligence In Alternative Dispute Resolution, Nadia Ahmad

Cleveland State Law Review

Artificial intelligence (AI) has had a significant impact on most industries, including the legal landscape. Effective AI incorporation has removed barriers to access to justice, resolving issues such as backlogged court systems and inadequate resources for pursuing claims. Similarly, the expediency and cost-effectiveness associated with alternative dispute resolution (ADR) have established ADR as a mainstay in most countries to enhance legal accessibility. It was inevitable that AI and ADR were integrated to efficiently deliver justice.

Most automated ADR systems implemented thus far have been with human intervention. As machine learning develops, there are efforts to completely automate ADR, and this …

Icca Handbook Supplement 137: Venezuela, Manuel A. Gomez, Gilberto A. Guerrero-Rocca

Faculty Books

i. Introduction This National Report describes the legal framework of domestic and international arbitration in the Bolivarian Republic of Venezuela (“Venezuela”). It includes the most relevant and recent case law, and other important aspects that have shaped the development and use of commercial and investment treaty arbitration in recent times. This Report also discusses the regulation and use of mediation/conciliation given its distinction – alongside arbitration – as a non-judicial form of dispute resolution. The description offered here also considers the social, economic and political context insofar it is relevant to the discussion about arbitration in Venezuela. This Report is …