Digital Commons Network^™

Pay-To-Play: Access To Justice In The Era Of Ai And Deepfakes, Rebecca A. Delfino

Seton Hall Law Review

No abstract provided.

The False Promise Of Rescheduling, Robert A. Mikos

Tulsa Law Review

No abstract provided.

"A Rose By Any Other Name Would Smell As Sweet": Economics And Consumer (I.E., Client) Benefit From Keyword Bidding On Competitor Names Among Law Firms, Angel Reyes Iii

Tulsa Law Review

No abstract provided.

Symposium Foreward, Stephen Galoob

Tulsa Law Review

No abstract provided.

Cannabis Law Practice: Lessons For The Legal Profession In The Twenty-First Century, Eli Wald

Tulsa Law Review

No abstract provided.

Access To Algorithmic Justice: Defending A Right To Expert Assistance For Indigent Defendants, Meghna Melkote, Madhavi Nambiar

Duke Law Journal Online

No abstract provided.

A Lawyer’S Duty To Maintain Prospective Client Confidentiality To Avoid Disqualification In Bankruptcy Matters, Victoria Rey

Bankruptcy Research Library

(Excerpt)

The legal profession imposes strict ethical duties on attorneys to maintain client confidentiality. While this duty is traditionally associated with formal attorney-client relationships, it also extends to prospective clients–individuals who consult an attorney about potential representation, even if they do not ultimately retain the attorney. In bankruptcy proceedings, where prospective clients often disclose sensitive financial information, the duty of confidentiality is crucial. This duty is essential for preserving the integrity of the bankruptcy process, preventing conflicts of interest, and ensuring fairness for all parties involved. As a result, a breach of this duty may warrant the disqualification of counsel. …

Dignity In Detention: Addressing Gynecological Healthcare Needs Of People Detained By U.S. Immigration Authorities, Glykeria Teji, Esq., Shira Wisotsky, Esq.

Annals of Health Law and Life Sciences

People who require gynecological and obstetric care and who are detained by U.S. federal immigration authorities face unique challenges. This article examines how the current legal and administrative landscape fails to hold those responsible for providing healthcare accountable, effectively blocking access to gynecological care, and, assuming no immediate abolition of immigrant detention facilities, how international human law principles can and should guide a reimagining of the system. We also propose interim steps that U.S. authorities can take to protect access to basic and needed gynecological care for the people that they detain. Beginning with an overview of immigration detention as …

Policing As General Warrants, Warren Buff, Brandon Hasbrouck

Scholarly Articles

The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst abuses they had experienced under English rule. Prominent businessmen—many of them engaged in smuggling— found their homes ransacked in search of contraband on flimsy evidence and without any reason given for the disruption of their business and consequent enrichment of government agents. The Fourth Amendment addressed the use of general warrants and writs of assistance to allow government agents to conduct broad searches with limited scrutiny. In the early years of the Constitution, this had little practical effect, because public …

Equip For Equality: Education Access For Incarcerated Individuals With Disabilities, René J. Valenzuela

Children's Legal Rights Journal

No abstract provided.

Registry Systems As Gatekeepers: How Patent Registries Create Systemic Barriers To Innovation, Miriam Marcowitz-Bitton, Ori Sharon

Fordham Intellectual Property, Media and Entertainment Law Journal

Picture an inventor. Anyone at all. We bet you imagined a man, is that right? If you did, that’s not surprising—our study of over 140,000 patent applications reveals that three out of four patents name all-male inventors, and only three percent of patents represent the inventions of women-only teams. But this massive gender gap is not just about who chooses to invent—it’s about who gets to protect their innovations through the patent system.

This Article presents groundbreaking evidence that women face systemic barriers in securing patents, even when they clear the hurdles to become inventors. Drawing on an unprecedented dataset …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Joan O'Sullivan, Ellen A. Callegary, Rebecca Hall, James F. Silver

Faculty Scholarship

No abstract provided.

Flagrant Fouls: The First Amendment, Legal Speech, And Attacks On Law Firms And The Rule Of Law, Raymond H. Brescia

Nevada Law Journal Forum

This Essay explores the Trump Administration’s unprecedented campaign targeting major U.S. law firms for retribution and examines such actions in light of the First Amendment’s relationship to these actions. Drawing on historical and doctrinal analyses, the Essay introduces and defends the concept of “legal speech” as a critical cluster of First Amendment protections encompassing the rights of lawyers to speak, associate, petition, and advocate on behalf of clients in an unfettered way and without government retaliation. Executive actions against Covington & Burling, Paul Weiss, Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey purport to revoke security clearances, bar access …

Corporate Governance Speech, Sarah C. Haan

Scholarly Articles

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including information forcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance …

2025-2026 Factbook, Tennessee. General Assembly

Factbook

This Fact Book provides an overview of the state's budget for the fiscal year.

Ai In The Courtroom: The Boundaries Of Robolawyers And Robojudges, Hadar Y. Jabotinsky, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

Artificial intelligence (AI) is rapidly developing and undoubtedly impacting every aspect of our lives. From lethal drones, to Apple’s Siri, and improved cancer diagnostics, AI algorithms are also increasingly integrated into decision-making. This article illuminates the impact of AI on the legal system and profession.

Currently, AI legal tools support lawyers’ and judges’ work and can assist in tasks such as due diligence, legal analysis, classification of documents by Technology-Assisted Review (TAR), providing legal advice, and engaging in predicting legal judgments. AI can even assist judges in decision making for risk assessments during sentencing. The …

The First Competition Law Association In Bulgaria – Activity Report In 2024, Ekaterina Rousseva

Yearbook of Antitrust and Regulatory Studies

Activity report 2024

Kansas, Elizabeth Ford

Thin Blue Advantage: Police Exceptionalism and the Two-Tier System of Public Sector Collective Bargaining

The Kansas system of public sector collective bargaining grants very limited rights to bargaining to both police and non-police units. In particular, the Kansas Public Employer Employee Relations Act (PEERA) sets the scope of bargaining very narrowly, and Kansas Public Employee Relations Board (PERB) construes its own authority to order bargaining even more narrowly. For those reasons, there are very few PERB decisions and even fewer that deal with the scope of bargaining. Of the bargaining decisions that exist, most are in the police or firefighter context, which may be an indication that the Board is more likely to order …

Should Decisions Of Independent Accountability Mechanisms Be Binding?, Lalanath De Silva, Giada Giacomini

Perspectives

In this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs …

A Restorative Justice Alternative For Trafficking Survivors: The Need For A Collaborative Approach In Establishing A Pilot Program Addressing Survivor-Articulated Needs, Stephanie Richard, Suzanne S. La Pierre

Connecticut Law Review

Human trafficking survivors not only suffer physical and psychological harm during the commission of the crimes against them, but also are often further harmed through forced involvement in the criminal justice system. With the current focus on apprehending and punishing perpetrators as the primary tool promoted in the United States to prevent trafficking, survivors forced to be witnesses against their perpetrators lose their self-determination in ways replicating the abusive patterns of their traffickers. To aid investigation and prosecution of traffickers, they are required to provide testimony reliving their experiences. Forced testimony is also often the only option available for avoiding …

Technologically Competent Reprised: Ethical Practice In An Ai Age And Considerations For Our Courts In A Burgeoning Ai Era, Heidi L. Frostestad

College of Law Faculty Publications

The recent explosion of artificial intelligence and generative AI undeniably impacts our federal and state courts. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for an ethical practice. This Article will identify the technical competence obligations embodied in Model Rule 1.1 and examine the implications of AI for technological competence standards. After reviewing the timeline of cases that invoke AI hallucinations and other issues and current scholarly literature, this Article will propose a more specific ethical standard for baseline knowledge of various AI technologies according to current practice and use of ever-expanding technologies …

Representing Climate Wreckers, Camila Bustos

Elisabeth Haub School of Law Faculty Publications

In recent years, lawyers have become increasingly aware of the implications of the climate crisis for legal practice. Amidst this context, United Nations Secretary General Ant6nio Guterres has urged recent graduates to decline work on behalf of "climate wreckers." This Article examines how professional responsibility rules and principles in the United States should be interpreted on a warming planet, particularly in the context of attorneys representing so-called "climate wreckers" in civil matters. I use the term "climate wrecker" to refer to fossil fuel corporations and trade associations that have engaged in public disinformation campaigns to stall climate action and sow …

Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)

Case Western Reserve Journal of International Law

"Michael Scharf: Welcome to “Talking Foreign Policy,” the quarterly radio show and podcast produced by Case Western Reserve University and Ideastream Public Media.2 I’m your host Michael Scharf, Dean of Case Western Reserve University School of Law.3 Today we’re going to be talking about the need to update the seventy-five-year-old Geneva Conventions on the Law of War in light of the twenty-first century developments related to autonomous weapons, cyber warfare, and space war, as well as responding to modern-day terrorist groups. I’ve assembled an allstar panel of experts for today’s conversation."

Out Of Sight, Out Of Rights: The Human Toll Of New York's Guardianship Crisis, Quinn Decicco, Sarah Michelle Smith

City University of New York Law Review

New York’s Article 81 guardianship system, intended as a last-resort protection for individuals unable to manage their personal or financial affairs, has become a default intervention that too often strips people of autonomy and dignity. Overburdened guardians, minimal training requirements, and inadequate judicial oversight leave incapacitated persons vulnerable to neglect, exploitation, and “civil death.” This Comment uses Cody’s Story to humanize the systemic failures and evaluates Resolution 561, recently adopted by the New York City Council, which calls for a statewide public guardianship system. While the Resolution represents a critical step toward reform, it lacks the structural safeguards necessary for …

Generative Contracts, Spencer Williams

Faculty Scholarship

This Article examines how consumers can use generative artificial intelligence to write their own contracts. Popularized by “chatbots” such as OpenAI’s ChatGPT, generative AI is a form of artificial intelligence that uses statistical models trained on massive amounts of data to generate human-like content such as text, images, music, and more. Generative AI is already being integrated into the practice of law and the legal profession. In the context of contracting and transactional law, most generative AI tools are focused on reviewing and managing large volumes of business contracts. Thus far, little attention has been given to using generative AI …

Artificial Intelligence And The Self-Represented Inventor, Brenda M. Simon

Faculty Scholarship

Lack of access to competent legal representation is pervasive throughout the justice system. Unfortunately, the patent system is no exception. Self-represented inventors are far less likely to obtain patents than those with legal representation. Increasing access to artificial intelligence (AI) can mitigate some of the disadvantages of self-representation, but the use of AI will also raise new challenges. To the extent that AI systems can help self-represented inventors, they can begin to address one of the underlying causes of the patent gap—lack of access to high quality legal services. Women and people of color hold fewer patents, in part, because …

In Defense Of Pro Se Parents, Matthew F. Gillam

Fordham Law Review

Who gets to represent children in federal court? Adults have long been permitted to represent themselves in federal court under the plain meaning of 28 U.S.C. § 1654. And, many adults do just that every year. But what if the real party in interest is a minor child? Who, if anyone, can exercise that child’s right to proceed pro se?

This Note argues that the correct reading of 28 U.S.C. § 1654 would permit parents to litigate pro se in federal court where the real party in interest is their minor child. This is based on a straightforward, grammatically correct …

Taming The Kangaroos, Matt Garcia

University of Michigan Journal of Law Reform

Low-level state courts frequently disregard federal law. And though the judgments of these courts have profound legal consequence for millions of Americans, they receive little oversight. Rather than bastions of justice, low-level state courts are too often sites of lawlessness, earning them the shameful label “kangaroo courts.” This article proposes a path forward by which advocates can curb that lawlessness and enforce critically important federal protections.

As part of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, a broad legislative effort to protect the national economy and public health infrastructure, Congress altered mandatory procedures in eviction suits. Evictions …

The Causes And Impact Of Evictions In Southern Nevada, Mohit Pande

Student Research

As the Southern Nevada region continues to quickly grow, evictions have become a structural feature of the region’s rental market. The region has one of the highest eviction filing rates in the country and this trend has continued to increase in the wake of the Covid-19 pandemic. This paper examines the availability of market-rate affordable housing and the expansion of subsidized affordable housing to understand how the local housing conditions contribute to the number of evictions in Southern Nevada. Additionally, the paper studies local legal processes, such as the summary eviction system and habitability procedures, to understand the relationship between …

Legal Deserts Or Mirages? Lawyers, Legal Services, And Respect For Law In Rural Wisconsin And Rural America, Joseph A. Ranney

Marquette Law Review

In recent years the legal profession has raised alarms about a perceived shortage of lawyers in rural America. State legislatures, courts, and bar associations have created rural lawyer recruitment (RLR) programs to address the perceived shortage, which include stipends, logistical support, and training for law students and lawyers willing to make a commitment to rural practice. Is there really a crisis? If so, are current RLR programs an effective means of stemming the crisis?

This Article examines these questions from several different angles, singling out rural Wisconsin for particular attention. It concludes that although lawyer density ratios (the proportion …