Digital Commons Network^™

Bruen As Heller: Text, History, And Tradition In The Lower Courts, Leo Bernabei

Fordham Law Review Online

The Constitution and conventional wisdom suggest that lower courts must follow the most persuasive interpretations of U.S. Supreme Court precedent. But that does not always happen. Scholars recognize judicial under enforcement of Supreme Court precedent in several fields. This Essay contributes to this scholarship by analyzing lower court applications of New York State Rifle & Pistol Ass’n v. Bruen, in which the Supreme Court held that firearm laws must be consistent with the nation’s historical tradition of firearm regulation. The lower courts vary widely in their approaches to analyzing gun laws under this standard. On one end, a small …

A Congressional Inappropriation?: Troubleshooting Cfpb V. Cfsa Ahead Of The Supreme Court’S Review, William Weingarten

Fordham Law Review Online

Consumer Financial Protection Bureau v. Community Financial Services Ass’n of America has emerged as one of the most consequential cases before the U.S. Supreme Court this term. The U.S. Court of Appeals for the Fifth Circuit’s judgment below—in Community Financial Services Ass’n of America v. Consumer Financial Protection Bureau—held the Consumer Financial Protection Bureau’s funding structure to be unconstitutional under the Appropriations Clause of the U.S. Constitution. With this holding, the Fifth Circuit created a circuit split with the U.S. Court of Appeals for the District of Columbia Circuit and became the first federal court of appeals to invalidate …

Hukum Perhubungan Dalam Kaitannya Dengan Kerjasama Asean, Dr. Sunaryati Hartono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Obligasi Salah Satu Pilihan Untuk Ber-Investasi, M. Irsan Nasaruddin

Jurnal Hukum & Pembangunan

Abstract

Cambodia’S Campaign To Recover Its National Treasures: A Unique Model Of Collaborative Restitution, Bradley J. Gordon, Melina Antoniadis, Sokunthyda Long

Fordham Law Review Online

No abstract provided.

Power And The Framers: A Nation’S Hope For The Future, John D. Feerick

Fordham Law Review Online

No abstract provided.

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Canaries In The Coal Mine: Rural Women, Maternal Health, And The Future Of Feminist Coalition Building, Lisa R. Pruitt

UMKC Law Review

No abstract provided.

Women, Knowledge Institutions, And Constitutional Law, Vicki C. Jackson

UMKC Law Review

This Essay argues that knowledge institutions are crucial to the ability of historically disadvantaged groups—including women—to correct the injustices they have suffered. In Part II, the Essay begins by defining knowledge institutions and explaining why they need legal recognition and protection in a constitutional democracy. Part III then argues that knowledge institutions are a resource for challenging conventional understandings and assumptions that may produce injustices not readily remedied through political processes. Knowledge institutions have served this role in several important constitutional battles in the United States—over racial equality, gender equality, and discrimination against same-sex couples. The claim is not that …

The Other Side Of The Glass Cliff, Angela Onwuachi-Willig, Kellye Testy

UMKC Law Review

No abstract provided.

Copyright

UC Law Journal

No abstract provided.

Disarming Data: An Empirical Take On The Loaded Debate About Felon-In-Possession Of A Firearm, Jonathan Abel

UC Law Journal

This Article answers a crucial empirical question at the heart of the scholarly and judicial debates about the laws governing felon-in-possession of a firearm: How often do defendants charged with this offense have violent felony convictions? Using a comprehensive dataset of over 27,000 defendants charged in California from 2021 through 2024, the study provides a novel, large-scale analysis of how prosecutors deploy this most-common gun charge. The findings substantiate longstanding concerns that felon-in-possession is overbroad in its application to nonviolent felons—only 8.5% of defendants had a “violent felony” conviction as defined by California law, rising to just 28.8% under a …

Limits Of The Reasonable Inquiry: Artificial Intelligence And The Future Of Rule 11, Celeste Greaves

UC Law Journal

Artificial intelligence (“AI”) burst onto the legal scene and will soon revolutionize practice altogether. Despite enduring technical issues, like hallucinations and implicit bias, AI’s capabilities and potential benefits have created massive impetus toward adoption. Recent cases like Mata v. Avianca highlight the growing need for adaptation in our existing frameworks to ensure the continued legitimacy of representations to the court. The “reasonable inquiry” standard of Rule 11 of the Federal Rules of Civil Procedure is woefully unequipped to meet this challenge for three primary reasons. First, traditional methods for determining whether a new technology has a high level of efficacy, …

Gambling In Pre-Statehood Alaska, Robert M. Jarvis

UNLV Gaming Law Journal

This article concerns gambling in Alaska in the period prior to statehood (1867– 1958). While the courts in this era did not generate very many gambling opinions, the ones they did issue provide a feel for what life was like in the region. In addition, Alaska’s current ban on most forms of gambling can be directly traced back to its first gambling law (1884).

High Stakes And Holy Land: Mormonism, Igra, And The Gamble On Tribal Gaming In Utah, Cianne Wallin

UNLV Gaming Law Journal

No abstract provided.

The Guarantor's Lifebuoy In The Bankruptcy Ocean, E. Jason Dennis, Carter S. Plotkin

SMU Law Review Forum

The Guarantor’s Lifebuoy in the Bankruptcy Ocean is an article by a practicing litigation law firm partner and associate based on their recent real-world experience arguing in Texas state court and federal bankruptcy court and lessons learned. The article is designed to examine an evidently underutilized bankruptcy stay exception and give actionable how-to advice on invoking it to litigators defending guarantors in scenarios they commonly face: a bankrupt principal obligor defaulting on the guarantied debt.

Update On Colorado Non-Compete Agreements For Dentists, Josh Austin

Metro Denver Dental Society Articulator Magazine

Colorado’s Senate Bill 25-083 (SB 83) makes non-compete and non-solicitation agreements unenforceable for associate dentists, regardless of compensation. While non-competes tied to the sale of a dental practice or minority ownership remain valid if reasonable, most employment-based restrictions are now void. The law also preserves dentists’ rights to inform patients of their new practice and maintains penalties for non-compliance.

Foreword: The Professional Socialization Of Lawyers, Matthew Diller

Fordham Law Review

No abstract provided.

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …

The Fourth Amendment's Right To Be Secure, Thomas K. Clancy

William & Mary Bill of Rights Journal

Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.

The Amendment in its …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson

The Business, Entrepreneurship & Tax Law Review

The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …

Note, Kiera L. Doughty

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang

The Business, Entrepreneurship & Tax Law Review

First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …

Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton

The Business, Entrepreneurship & Tax Law Review

The contemporary advertising ecosystem is increasingly dominated by social media platforms, prompting advertisers to devote substantial resources to these venues and, in many cases, to coordinate their efforts through umbrella organizations. When these organizations recommend that members withdraw or redirect advertising away from specific platforms, the line between coordinated market behavior and protected expressive conduct becomes blurred. A pending lawsuit by a major social media company alleges that such a coordinated refusal to deal constitutes an unlawful group boycott rather than protected First Amendment activity. Although the Supreme Court has developed frameworks for distinguishing between expressive boycotts and anticompetitive conduct, …

At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate

The Business, Entrepreneurship & Tax Law Review

Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …

Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard

The Business, Entrepreneurship & Tax Law Review

The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …