Digital Commons Network^™

Deepfake Liability, Ayelet Gordon-Tapiero, Yotam Kaplan, Gideon Parchomovsky

North Carolina Law Review

No abstract provided.

The Illusion Of Justice: How Criminalizing Status Undermines The Rule Of Law, Luz M. Payán

Immigration Law Blog

In May of 2025, United States Senator Cornyn introduced the Justice for American Victims of Illegal Aliens Act. The Act creates an additional aggravating factor in determining whether to impose the death sentence. The aggravating factor would only be applicable when a noncitizen is found guilty of killing a United States citizen. This Article first argues that this Act would create grave constitutional concerns and severely undermine the rule of law. Next, this Article urges that, in order to truly promote public safety, our government should focus on policies meant to empower communities.

The Illusion Of Justice: How Criminalizing Status Undermines The Rule Of Law, Luz M. Payán

Immigration Law Blog

In May of 2025, United States Senator Cornyn introduced the Justice for American Victims of Illegal Aliens Act. The Act creates an additional aggravating factor in determining whether to impose the death sentence. The aggravating factor would only be applicable when a noncitizen is found guilty of killing a United States citizen. This Article first argues that this Act would create grave constitutional concerns and severely undermine the rule of law. Next, this Article urges that, in order to truly promote public safety, our government should focus on policies meant to empower communities.

The Untold Story Of 150 Years Of Women In State Judiciaries, Elizabeth D. Katz

UF Law Faculty Publications

A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.

Developing Legal Protections For Family Integrity, Elizabeth D. Katz

UF Law Faculty Publications

A commentary on Laura Savarese's article, The Origins of Family Rights and Regulations: A Dual Legal History, 78 Stan. L. Rev. 63 (2026).

Trade, Tariffs, Sanctions, And Security: A Framework For Judicial Review, Cory Alexander Evans

UF Law Faculty Publications

National security and international trade, and their intersections, have become critical focuses for recent administrative action. It was once rare to invoke national security as a justification for tariffs and restriction on foreign investment, but it has now become increasingly common. Courts reviewing these measures have largely defaulted to deferential approaches developed in an earlier era—one in which such actions were infrequent and rarely litigated. But in an era where assertions of national security are more common, this dogmatic jurisprudential approach lacks coherence. A new framework is needed to better guide judicial review.

This Article proposes that new framework. It …

Anatomy Of A Shakedown: The Carried Interest Case, Charlene Luke

UF Law Faculty Publications

A review of Edward J. McCaffery & Darryll K. Jones, The Curiouser and Curiouser Case of Carried Interests, 66 Ariz. L. Rev. 357 (2024).

The Free Exercise Of Religion As A Privilege, Kyron Huigens

Georgia State University Law Review

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to a general exemption from secular law for the faithful by ceding the question of what counts as an exercise of religion to the faithful themselves. This Article proposes reading the free exercise of religion as a privilege in response to these changes. This privilege stands against secular law in the …

Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles

Journal of Dispute Resolution

“Long story short, it was a bad time.” The lyrics from Taylor Swift’s 2020 song Long Story Short resonated strongly with her fans in 2022 when they attempted to purchase tickets to her record breaking Eras Tour. The self-proclaimed “Swifties” waited for weeks to purchase presale through the tour’s official ticketing partner, Ticketmaster. Ticketmaster, an American ticketing giant owned by Live Nation, handles over seventy percent of all ticket transactions in the country. November 15 arrived and the Swiftie army entered the virtual queue with hopes of securing tickets to see their hero. Ticketmaster, however, did not prepare for the …

Masthead

UC Law Journal

No abstract provided.

That's Rick, Edward H. Cooper

UC Law Journal

No abstract provided.

Celebrating The Neutral And Gradual: An Ode To Professor Richard Marcus, Lee H. Rosenthal

UC Law Journal

No abstract provided.

A Reporter For All Seasons, Robert M. Dow Jr.

UC Law Journal

No abstract provided.

Beyond Exceptionalism: The Illusory Ideal Of Access To Justice, Alan Uzelac

UC Law Journal

No abstract provided.

Discovering Rick Marcus, Diego Zambrano

UC Law Journal

No abstract provided.

Civil Litigation In The Nineteenth Century Landraad Of The Former Dutch East-Indies (Indonesia): Simplification Aimed At Access To Justice?, Cornelis H. Van Rhee

UC Law Journal

No abstract provided.

Michigan's Humble "Rules Of The Road" And How They Drive The Law, Virginia C. Thomas

Law Faculty Research Publications

The author traces the Michigan Secretary of State's publication, What Every Driver Must Know, from its first edition in 1937 to show how it has guided Michiganders' understanding of the state's motor vehicle laws.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Regulating Foreign Political Advocacy, John J. Martin

North Carolina Law Review

No abstract provided.

The 107 Longest Supreme Court Cases, Benjamin H. Barton

North Carolina Law Review

No abstract provided.

Proactive Or Reactive? Defining Landlord Duties In Terry V. Public Service Company Of North Carolina, Ben Stroud

North Carolina Law Review

No abstract provided.

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

Copyright

UC Law Journal

No abstract provided.

Richard Marcus, Master Of Rules, Elizabeth J. Cabraser

UC Law Journal

No abstract provided.

Transforming Indigent Appellate Advocacy, Rachel T. Goldberg, Estelle M. Mckee

Cornell Law Faculty Publications

Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw …

“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel

Journal of Dispute Resolution

This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …

Description

Journal of Dispute Resolution

No abstract provided.

The Poly Problem In Zoning: Redefining "Family" For A Changing Society, Aric K. Short, Tanya Pierce

Faculty Scholarship

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated …

Transforming Blood Management Systems In Developing Countries Through Technological And Artificial Intelligence-Driven Innovations, Sandeep Bhargava, Shaun Aaron Abram, Srividhya Ragavan

Faculty Scholarship

It is critical to ensure the safe and quality supply of blood among various stakeholders; however, this remains a significant challenge in today’s world, especially in developing countries. These countries face severe problems, including blood shortages, fragmented regulatory frameworks, and inconsistent quality control measures. To tackle these challenges, countries like India are trying to implement the use of artificial intelligence (AI) and its derivative platforms to transform blood collection, testing, storage, and distribution by enabling interoperability, real-time compliance monitoring, automated donor screening, optimized inventory management, and advanced component separation. The article argues that developing countries must adopt both regulatory reform …

The Exactions Illusion: Sheetz’S Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Faculty Scholarship

In April 2024, the Supreme Court unanimously handed down Sheetz v. County of El Dorado, a land use exactions case billed as narrow, inevitable, constitutionally compelled, and obviously correct.  It was none of those things. Sheetz instead ushered in an open-ended shift of policy control over the built environment from state and local legislatures to courts. By its terms, the holding extended the Court’s stringent “exactions” test—which requires the government to prove nexus and proportionality between development conditions and development impacts—beyond its original context of parcel-specific administrative bargains to reach an unspecified set of legislated property conditions. Yet the decision’s …