Digital Commons Network^™

The Court’S Haphazard Reasoning On The Separation Of Powers, Steven D. Schwinn

Saint Louis University Law Journal

The Supreme Court in recent years has taken a sharp and decisive turn toward originalism in cases touching on individual rights. Say what you will about the Court’s originalism in individual-rights cases (and there’s much to say), at least it’s an approach. We can’t even say that much about the Court’s treatment of cases touching on the separation of powers.

In short, the Court’s separation-of-powers opinions are a mess. They lack any consistent methodology or any coherent theory across cases. If five or six justices agree on the result in any given case, it seems, the explanation and reasoning are …

Integration Of Mediation Skills As Required By The Nextgen Bar Exam, Christine Rollins

Saint Louis University Law Journal

The National Conference of Bar Examiners (“NCBE”) developed the NextGen Bar Exam to more actively test a broad range of foundational lawyering skills. The timing of the rollout will take several years with the final adoption date in 2028. The formatting of the questions will change, and the “Integrated Questions Set,” where examinees answer a series of questions about a given scenario, seems to be the hallmark of innovation. The NextGen Bar Exam will also include a performance task where examinees will draft a memorandum, legal brief, letter, or similar document. Faculty striving to adapt to the new assessment requirements …

Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura

Roger Williams University Law Review

No abstract provided.

Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Jennifer Morrell, Alexander Scherr, Judy Ann Clausen, Hillary Wandler, Morgan Macisaac-Bykowski

UF Law Faculty Publications

This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …

Ethics & Independence In Trump’S War On Big Law, Christopher D. Hampson, Elise Bernlohr Maizel

UF Law Faculty Publications

In his second term, President Donald Trump has launched an unprecedented assault on the nation's largest law firms. Through a series of executive orders and highly unusual EEOC (Equal Employment Opportunity Commission) actions, the Trump regime has sought to undermine the independence of the private bar. In response, targeted firms have been forced to make a choice: to appease the administration or to fight back. This Essay considers those choices the interrelated nature of parallel settlements and suits-and the choice that the majority of firms have made to stay silent. We argue that Big Law's independence is essential and that …

Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii

SMU Law Review

Approximately 98% of federal cases are resolved by means of a guilty plea. Thus, it is the guilty plea hearing, not the jury trial, that is the heart and lungs of our criminal justice system. Given the frequency of its use, coupled with the deeply impactful personal consequences that necessarily accompany a conviction, district courts play a critical evaluative and safeguarding function. As famously stated by the Supreme Court in Brady v. United States, the decision to plead guilty “is a grave and solemn act to be accepted only with care and discernment . . . .”

Guilty Pleas …

Do Federal Circuit Courts Of Appeal Provide Adequate Assistance To Self-Represented Litigants? A Review Of The Circuits’ Websites Resources, Jona Goldschmidt

Indiana Journal of Law and Social Equality

No abstract provided.

A Call For Trained, Trauma-Informed Attorneys To Represent And Support Unaccompanied Children In Removal Proceedings By Petitioning For Special Immigrant Juvenile Status, Will Sheehan

Roger Williams University Law Review

No abstract provided.

Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii

UF Law Faculty Publications

Approximately 98% of federal cases are resolved by means of a guilty plea. Thus, it is the guilty plea hearing, not the jury trial, that is the heart and lungs of our criminal justice system. Given the frequency of its use, coupled with the deeply impactful personal consequences that necessarily accompany a conviction, district courts play a critical evaluative and safeguarding function. As famously stated by the Supreme Court in Brady v. United States, the decision to plead guilty “is a grave and solemn act to be accepted only with care and discernment . . . .”

Guilty Pleas …

Private Equity In College Sports: Enthusiastic Partner Or Meddling Force?, Kent Miller

Marquette Sports Law Review

No abstract provided.

Remarks On The 20th Anniversary Of The Founding Of The District Of Columbia Access To Justice Commission, Anna Blackburne-Rigsby

University of the District of Columbia Law Review

I'm very excited to be here and honored that you invited me to be one of the speakers for this very timely and amazing symposium. I'm especially excited because you're also recognizing the 20th anniversary of the District of Columbia's Access to Justice Commission. The topic of the symposium is the evolution of the legal profession, A Different World. Looking at the phoenix on the UDC Law school logo, the flames are really appropriate now when we talk about the evolution of the legal world with all the technological developments and other interesting issues that we confront.

First, I want …

Socially Responsible Ai In The Gpt Era, Yussuf A. Aleem

SMU Law Review

Recent advancements in artificial intelligence (AI) showcase its rapid evolution and promise, with the potential to profoundly transform decision-making, self-expression, and even the practice of law. However, AI also presents formidable challenges, including the further entrenchment of societal inequalities, widespread labor disruption, and existential threats to humanity. Modern AI systems show early signs of general intelligence, enabling them to perform a wide range of tasks beyond those of chatbots in both virtual and physical environments. Despite industry assurances of responsible AI development, these technologies are easily exploited and often exhibit troubling behaviors that even their creators struggle to understand.

This …

The Quad (The 2025 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating a Century of Legal Excellence
• Dedman Family Honored
• Jurist in Residence: Chief Judge Jeffrey Sutton
• International Alumni Spotlight: Mauricio Celis '19
• Honoring Chief Justice Nathan L. Hecht '74
• Trailblazer lecture series
• Faculty Spotlights: Professors Hillel J. Bavli, Christine Hurt, Marc I. Steinberg, and Jenia Iontcheva Turner

Stubhub For Courts? Technology, Markets, And New Solutions To Court Congestion, Ronen Avraham, William H. J. Hubbard

Public Law and Legal Theory Working Papers

Rescheduling of court hearings is ubiquitous but virtually ignored by academic scholarship. This is so, despite its contributions to court congestion, a perennial problem for courts that has been the subject of repeated, and repeatedly unsuccessful, efforts at reform. In this Article, we aim to show that rescheduling merits scholarly attention, and by diagnosing why and how it contributes to court congestion and delay, we both explain why most efforts at reducing delay fail and identify new possibilities for speeding up dockets. We draw inspiration from online platforms such as StubHub and SpareFare, technologies that have facilitated rescheduling through easy-to-use …

Presidential Brokering In The Regulatory State, Jennifer Nou

Public Law and Legal Theory Working Papers

Presidents seeking to make regulatory policy face formidable hurdles—most recently, heightened litigation risk, reduced judicial deference, and political polarization. In response, they have increasingly relied upon the Executive Office of the President (“EOP”) to manage these challenges. This Foreword spotlights the practice of presidential brokering, a structured process often led by White House policy councils such as the Domestic Policy Council and National Economic Council. Brokering involves the delegated authority to generate and test regulatory options through moderated deliberation with the rulemaking agency and other components of the EOP, ultimately shaping select rules to align with the highest presidential priorities. …

Determinants Of Socially Responsible Ai Governance, Daryl Lim

Faculty Scholarship

The signing of the first international AI treaty by the United States, European Union, and other nations marks a pivotal step in establishing a global framework for AI governance, ensuring that AI systems respect human rights, democracy, and the rule of law. This article advances the concepts of justice, equity, and the rule of law as yardsticks of socially responsible AI—from development through deployment—to ensure that AI technologies do not exacerbate existing inequalities but actively promote fairness and inclusivity. Part I explores AI’s potential to improve access to justice for marginalized communities and small and medium-sized law firms while scrutinizing …

Role Call: Can A Backbench Legislator Practice As A Criminal Defence Lawyer? A Legal Ethics Analysis, Andrew Flavelle Martin, Brandon Trask

Articles, Book Chapters, & Popular Press

Legislators come from a range of backgrounds. Many legislators happen to be lawyers. Parliamentary rules typically allow legislators who are not members of Cabinet to practice a profession part-time. However, the part-time practice of law poses special legal ethics challenges. In this article, we consider the legal ethics issues that arise when a backbench legislator of the governing party practices criminal defence law part-time. We argue that such a dual role engages three serious, unavoidable, and perhaps even unresolvable legal ethics issues. The first issue is the time constraints imposed by outside interests. The second issue is conflicts of interest, …

Crown Prosecutors And Government Lawyers: A Legal Ethics Analysis Of Under-Funding, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Crown prosecutors and government lawyers are reliant on governments for their funding but exert no meaningful influence or control over such funding decisions. Nonetheless, this article demonstrates that as a question of law, under-funded Crown prosecutors and government lawyers risk violating their professional duties. If so, they must promptly inform the government, refuse new matters and, if necessary, withdraw from existing matters. If the government purports to block such refusal or withdrawal and does not provide adequate funding, resignation will become necessary. While law societies will likely not prioritize disciplinary action against such lawyers, the policy reasons to forego such …

Pro Bono Publico Versus Pro Bono Presidential, S. I. Strong

Faculty Articles

In March and April 2025, the Trump Administration issued a series of executive orders directed at various law firms that had represented clients or undertaken actions with which the President disagreed. Those executive orders imposed various sanctions capable of destroying the firms financially. The Administration also threatened numerous other law firms with similar types of executive orders.

Although a few law firms challenged the executive orders in court, the majority of firms targeted by the President entered into informal settlement agreements whereby the firms promised to provide between $40 million and $125 million worth of free “pro bono legal services” …

A Holistic Treatment Team For Autism: The Professional Education Benefits Of A Medical-Legal Partnership For Autism Involving Students From Graduate Programs In Law, Applied Behavior Analysis, And Occupational Therapy, Melina Healey, Kayla Finuf, Karrie Lindeman, Rena B. Purohit, Linda Rini

Journal of Race, Gender, and Ethnicity

This article will outline the distinct special education and related service needs of children with autism and describe a new model for a medical-legal partnership tailored to address those needs and educate the professionals who work with children with autism. We will share results supporting the use of this model from a series of Interprofessional Education (“IPE”) case studies and consultations the authors conducted through interdisciplinary coursework shared among several graduate schools within Touro University. Part I explains the legal and client-centered framework within which the medical-legal partnership operates. Part II identifies the advantages of Applied Behavioral Analysis (ABA) and …

Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Faculty Scholarship

Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …

Teaching Client Counseling In The Shadow Of Homelessness, Gregory Zlotnick

Faculty Articles

Working with clients at risk of or experiencing, homelessness teaches personal and professional humility like few other experiences in law school or the practice of law. Yet such sensitive work also provides an opportunity for law students to develop both a keener understanding of their own professional identity-with its capacities and limitations and critical counseling skills. This essay draws upon experiences gained in three distinct law school projects that work with clients at risk of or experiencing, homelessness.

After providing a brief overview of each project, the essay will explore methods used for training and supervising students during their counseling …

Space For The Departed: Burial, Land Scarcity, And Bone-Ash Apartments In China, Xinyi Wu

Pitzer Senior Theses

The rise of bone ash apartments in China reflects a layered response to urban land scarcity, shifting funeral policies, and real estate speculation. As the state mandates cremation and restricts private cemetery development, traditional burial customs are increasingly reshaped by spatial limitations, economic pressures, and political regulation.

For some families, bone ash apartments function as modern ancestral halls—domestic spaces for remembrance and ritual continuity. For others, they represent a pragmatic investment strategy, offering long-term storage of ashes within assets that retain market value.

This thesis examines how urban planning, state funeral policy, real estate dynamics, and the disintegration of neighborhood …

25th Anniversary Report, Law And Government Institute

Law and Government Institute Collections

The Law and Government Institute is one of Widener University Commonwealth Law School's signature programs. The Institute focuses on the complex intersection of legislation, regulation, public policy, and the law.

The celebration of the 25th anniversary of the Institute in 2024 prompted the development and issuance of this report. It discusses the history and leadership of the Institute, provides an overview of the Institute's programs, and presents the results of a recent survey of Institute alumni.

This report covers activities and events through the end of the 2024-25 academic year.

Busting Ghosts: How Regulatory Gaps Fail To Address Ghost Guns, And What Can Be Done Post-Bruen, Wyatt Lutenbacher

Minnesota Journal of Law & Inequality

No abstract provided.

Survivors Speak Out: Analyzing Minnesota's Anti-Slapp Law Through The Lens Of Johnson V. Freborg, Taylor Anderson

Mitchell Hamline Law Review

No abstract provided.

Preparing Students For The Artificial Intelligence Era: The Crucial Role Of Critical Thinking Skills, Samantha A. Moppett

Mitchell Hamline Law Review

As artificial intelligence transforms the legal profession, the role of critical thinking skills among legal professionals becomes increasingly vital. This Essay argues that while AI will automate many routine le-gal tasks, successful legal practice in the AI era will require lawyers to possess robust critical thinking abilities to effectively evaluate AI out-puts, develop strategic solutions, and handle complex analytical work that AI cannot replicate. However, at this crucial juncture, evidence suggests a significant deficit in critical thinking skills among incoming law students. This deficit poses particular challenges as the legal profes-sion increasingly integrates generative AI tools that can handle routine …

Manufacturing False Convictions: Lies And The Corrupt Use Of Jailhouse Informants, Russell D. Covey

University of Colorado Law Review

No abstract provided.

Between A Rock And A Hard Place: Army Judge Advocates, Zach Cohen

University of Colorado Law Review

No abstract provided.

Bank Of America Foundation Fellowship 2015–2024, Bank Of America Foundation, Notre Dame Law School

Student, Faculty, and Staff Awards

The Bank of American Foundation Fellowship, launched in 2015, covers the cost of salary and benefits for two graduating class members to work for two years at a city agency or nonprofit organization of their choice. The fellows’ work must advance community sustainability and provide legal services to low-income or underrepresented populations.