Digital Commons Network^™

Evicted Promises: Grants Pass Leaves Housing First Out In The Cold, Emily Cruz

University of the Pacific Law Review

No abstract provided.

Duty To Protect: Why California Should Promptly Adopt A Cybersecurity Cle Requirement, Michaela Thompson

University of the Pacific Law Review

No abstract provided.

Sustainability And Climate-Related Regulations And Due Diligence, Adolf Peter

Asian Management Insights

Why does it matter?

Hey, Bruh . . . I Mean, Your Honor—The Evolution (Or Devolution) Of Legal Communications In Modern Times, Michael J. Fleck

Northern Illinois University Law Review

The ability to effectively communicate, whether such communication is oral or written, is a primary tool in any lawyer’s toolbox. How we communicate is a reflection on our level of professionalism, both as individual attorneys, and as the legal body at large. It is how we convey ideas with our client, with our colleague, and with the court. It is how we persuade through legal reasoning. There is no doubt that the style of communication has evolved over time. One need only to read legal opinions from a century ago to see what was acceptable as proper communication. The standard …

Electronic Will Legislation: A Comparison Of The Uniform Act And Illinois, Jada Stephens

Northern Illinois University Law Review

The Illinois Wills and Remote Witnesses Act is a body of law that was created in response to evolving technology and the COVID-19 pandemic. It addresses how electronic wills and remote attestations should occur in Illinois. Picking up where the executive order allowing for remote attention in Illinois left off, the passing of this Act solidifies processes that allow for different modes of estate planning and attestation to occur. Pennsylvania will be examined as a state that exemplifies the consequences of a lack of electronic will legislation. Illinois is not the first and most likely will not be the last …

Pesticides, Pollinators, And Producers: The Epa’S New Herbicide And Insecticide Strategies And Illinois Farmers, Jonathan Jerkatis

Northern Illinois University Law Review

The Environmental Protection Agency (EPA) has introduced new herbicide and insecticide strategies to comply with the Endangered Species Act (ESA), a move that will have significant implications for Illinois farmers and endangered species. Illinois, a leading producer of corn and soybeans, relies heavily on pesticides. Unfortunately, these chemicals have been identified as a key driver of monarch and other endangered species population decline. This note examines how the EPA’s new strategies aim to balance species protection with agricultural viability, addressing concerns over financial burdens of compliance, the complexity of the strategies, and a lack of enforcement provisions. While Illinois farmers …

Ames, The Seventh Amendment, And The Honest Belief Trap Tautologizing Title Vii, Amos N. Jones

SMU Law Review Forum

A widely covered Sixth Circuit decision on July 29, 2025, against a tenured African American female law professor at the University of Michigan has dramatically materialized in the face of the unanimous decision of the Supreme Court of the United States only weeks earlier in Ames v. Ohio Department of Youth Services, decided on June 5, 2025. The Court had just eliminated another basis for employment-discrimination case dismissals, centering its original-textualist interpretative mode under Title VII of the Civil Rights Act of 1964 and buttressing plaintiffs’ Seventh Amendment rights to trial by jury. Meanwhile, the Michigan panel in Beny …

Recalibrating Risk Under Dobbs, Yvonne F. Lindgren, Michelle Oberman

Faculty Works

In response to mounting evidence of the devastating harms patients have experienced under abortion bans, abortion opponents and the Supreme Court of Texas have argued that the bans are clear but that doctors are willfully refusing to provide care. Instead of reforming the bans, they argue that doctors should be sued in medical malpractice for their failure to meet the standard of care. This Article interrogates that claim, investigating whether the crisis in reproductive healthcare that has resulted from delayed and denied care can be remedied by suing doctors. Specifically, can medical malpractice litigation provide guardrails against the erosion in …

Intellectual Property Futures: Exploring The Global Landscape Of Ip Law And Policy, Graham Reynolds, Alexandra Mogyoros, Teshager W. Dagne

All Faculty Publications

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are …

Third-Party Accommodations, Doron Dorfman

Michigan Law Review

Does disability rights law impose an obligation on employers, schools, and other places of public accommodation to control the behavior of coworkers, students, or other third parties to accommodate an individual with disabilities? This Article examines that unexplored legal question and shows that the law frequently fails to protect people with disabilities from the choices and behaviors of third parties. Judges often consider these major barriers to access beyond the reach of the Americans with Disabilities Act’s reasonable accommodation mandate. This Article argues that this problem results from improperly imposing the privity paradigm, a doctrine that limits the inquiry about …

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

William & Mary Law Review

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

Beyond Mass Deportation, Nancy Plankey-Videla, Huyen Pham, Angela D. Morrison, Luz E. Herrera

Faculty Scholarship

Donald Trump’s threats to carry out the mass deportation of unauthorized immigrants helped propel him to a second term as President of the United States. For the estimated 11 million people in the U.S. without lawful status, those threats have increased fears of forced returns to their countries of origin. While American immigration law is heavily focused on the legal processes leading to deportation, little attention has been paid to the post-deportation experiences of individuals who must reintegrate into their home countries. This gap in understanding is especially alarming given the high stakes of reintegration. A successful transition can empower …

Election Law, Maureen A. Edobor, John J. Martin

University of Richmond Law Review

This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia’s campaign and election laws since 2015. Since then, Virginia’s voting and election statutes have changed significantly, making it one of the most accessible states to vote in, although the campaign finance regulatory framework remains relatively weak. This Article provides a general overview of the state of the law governing (1) campaign finance; (2) voter access and list maintenance; (3) election systems and administration; and (4) redistricting, focusing on significant updates in the past two decades. …

Recalibrating Risk Under Dobbs, Yvonne Lindgren, Michelle Oberman

Fordham Law Review

In response to mounting evidence of the devastating harms patients have experienced under abortion bans, abortion opponents and the Supreme Court of Texas have argued that the bans are clear but that doctors are willfully refusing to provide care. Instead of reforming the bans, they argue that doctors should be sued in medical malpractice for their failure to meet the standard of care. This Article interrogates that claim, investigating whether the crisis in reproductive healthcare that has resulted from delayed and denied care can be remedied by suing doctors. Specifically, can medical malpractice litigation provide guardrails against the erosion in …

When The Taxpayers Are Not Innocent: The Need For Punitive Damages Against Municipalities Under The Fair Housing Act, Charlotte Saltzman

Fordham Law Review

Combatting housing discrimination by municipalities is a core function of the Fair Housing Act (FHA). Courts disagree, however, as to whether punitive damages can be awarded against municipal defendants. The purpose of this Note is twofold. First, it compares the Second Circuit’s recent decision in Gilead Community Services, Inc. v. Town of Cromwell, which held that punitive damages were appropriate against the Town of Cromwell, with the reasoning of district courts that came to the opposite conclusion in reliance on § 1983 precedent. Second, notwithstanding the sufficiency of the statutory analysis, it evaluates the public policy concerns of awarding …

Reading American Anarchy As A Legal History Of Immigrants: Forum On Willrich's American Anarchy Forum: Willrich's American Anarchy, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Michael Willrich’s American Anarchy is at once an extraordinary history of ideas about anarchism and the rule of law, a history of lawyering, and a history of the simultaneous emergence of a capacious administrative state alongside a robust set of judicially protected civil liberties. While Willrich tells a rich and intricate story of illiberal border administration, American Anarchy also shows radical immigrants at work over decades in New York, with the border and its oppressive administrative apparatus little more than a dim memory. This essay explores how the book is more than a history of the border—it’s a history of …

Constructing An Effective Whistleblower Statute: Virginia Is Nearly There, Emma D. Guirlinger

William & Mary Law Review

Whistleblowers are pivotal in ensuring transparency and accountability in numerous public and private industries. They ensure that existing laws are enforced and hold employers accountable when they seek to evade them. Recognizing the significant value provided by whistleblowers, and that private actors within organizations are often in a better position than government enforcement officials to uncover wrongdoing, Virginia has enacted several whistleblower protection statutes, including the Virginia Whistleblower Protection Law (VWPL), which advocates lauded for “provid[ing] broad protections against retaliation and fundamentally alter[ing] the landscape for” Virginia whistleblowers.

While the VWPL seems promising, two provisions of the law, its statute …

Data As Policy, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. …

J Mich Dent Assoc November 2025

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+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The November 2025 (Volume 107, No. 11) issue of the Journal is published in both hard copy and with a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in November.

The November issue focuses on membership along with a reprinted clinical article on the Oral Manifestations …

Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann

Scholarly Works

The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to …

Attorneys And Ai: How Lawyers Use Artificial Intelligence And Analyze Its Impacts, Matthew I. Hall, Christian Turner, Eddie A. Gomez Schieber, Nathaniel Kite, Ari Schlesinger

Scholarly Works

AI systems are testing lawyers' professional ethics obligations of competence, confidentiality, and candor. In the legal profession, the widespread availability of AI systems presents opportunities, like improving the review of documents during the discovery stage of a lawsuit, and challenges, illustrated by the handful of high-profile incidents where lawyers submitted legal briefs in court citing and describing fictitious cases based on AI-generated output. We conducted interviews with 44 legal professionals in the U.S. to understand how attorneys are making sense of AI technology and the impacts these technologies are having on their profession, legal ethics, and legal institutions. We describe …

The Progression Of Deinstitutionalization And Its Effects On The American South: A Judicial Analysis Of 20th-Century United States Supreme Court Decisions, Eva-Marie V. Jones

Honors College Theses

This thesis explores the effects of four landmark Supreme Court cases on the deinstitutionalization movement in the American south. Previous literature frequently discusses the legislative implications of this era; however, no law is applicable without the interpretation and application of the judiciary, which so often contextualizes the greater public perspective. Rarely has an analysis of judicial decisions involving psychiatric care merged with regional focus, and certainly not in a format accessible to the average individual.

From unmarked graves to abandoned infrastructure, the legacy of historic psychiatric care in the United States has been largely obscured – yet its consequences continue …

No Exit, Brian J. Broughman, Matthew Wansley, Samuel N. Weinstein

Articles

Fast-growing startups in search of capital and liquidity have traditionally sought to exit the private capital market through M&A or IPO. Until recently, antitrust enforcers rarely challenged startup acquisitions. But under the Biden administration, enforcers worried about the growing dominance of Big Tech sued to block more startup deals. Since antitrust restricts M&A but not IPOs, one might expect that greater antitrust enforcement would cause startups to substitute one kind of exit for another, leading to more IPOs. That did not happen. While M&A and IPOs both provide liquidity, they are not perfect substitutes. We model heterogeneity in M&A and …

Dei In Virginia Employment: Sword Or Shield In Discrimination Litigation?, Faith A. Alejandro

University of Richmond Law Review

Today’s headlines around diversity, equity, and inclusion (“DEI”) in the workplace are politically charged, raising questions for Virginia’s employers committed to fairness and equal opportunity. As renewed scrutiny is fueled by executive orders and media discourse, this essay clarifies the evolving legal landscape and provides a foundation for employers navigating DEI in compliance with both federal and Virginia law. DEI is a phrase that today stirs fervor from both sides of the political aisle. Opponents criticize DEI as a proxy for “reverse” discrimination, suggesting that it lowers merit-based standards and violates existing anti-discrimination law. Proponents advocate DEI as the approach …

Cultural Property Protection As A National Security Enforcement Priority, Andrew C. Adams

Fordham Law Review

No abstract provided.

Oligarchy, State, And Cryptopia, Julie E. Cohen

Fordham Law Review

Theoretical accounts of power in networked digital environments typically do not give systematic attention to the phenomenon of oligarchy—to extreme concentrations of material wealth deployed to obtain and protect durable personal advantage. The biggest technology platform companies are dominated to a singular extent by a small group of very powerful and extremely wealthy men who have played uniquely influential roles in structuring technological development in particular ways that align with their personal beliefs and who now wield unprecedented informational, sociotechnical, and political power. Developing an account of oligarchy and, more specifically, of tech oligarchy within contemporary political economy therefore has …

It’S A Balancing Act: Analyzing The First Fair Use Factor, Taylor Gluckman

Fordham Law Review

Fair use has always been an important element of copyright law. The first fair use factor, “the purpose and character of the use,” has become especially important after the U.S. Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The “purpose and character” is typically analyzed by determining if a secondary work is “transformative,” but lower courts do not agree on what it means to be transformative. There is also disagreement on how to balance a secondary work’s transformative nature with its commercial nature when deciding whether the first factor favors fair use.

This …

Strengthening Thailand’S Ship-Sourced Oil Spill Management : A Comparative Analysis Of Legal And Response Frameworks In Thailand, The United States, And Singapore, Supranee Wattanapongsakul

World Maritime University Dissertations

No abstract provided.

Anti-Holistic Algorithms, Itay Ravid

Vanderbilt Law Review

This Article presents a critical tension in modern criminal justice between holistic criminal justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as whole persons capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters and potentially destroys the holistic message itself.

In establishing this argument, the Article advances in two stages. It first …

Beyond Autonomy: Rethinking Deception In Sexual Assault Law, Marie Manikis

Vanderbilt Law Review

This Article focuses on recent developments in Britain in which courts have recognised gender deception as a sexual assault by using an autonomy based argument to define deception/fraud that vitiates consent in sexual offences. This Article argues against the defensibility of a framework that criminalizes deception on the basis of an ill defined autonomist based understanding as opposed to a more restrictive standard. It proposes that any adopted standard should incorporate social context and be reflexive of the ways that the state has contributed to these contexts, namely the social conditions under which the deceit takes place as well as …