Digital Commons Network^™

Redefining Authorship And Licensing In The Age Of Generative Ai: Navigating The Future Of Copyright Law, Sara Sabri

DePaul Law Review

No abstract provided.

Pharmaceutical Drug Regulation After Loper Bright, Aleja Norton-Abad

DePaul Law Review

No abstract provided.

Riding The Waves Of Bipa Litigation: Illinois Courts' Rulings On Insurers' Duty To Defend, Tetyana Kasiyan

DePaul Law Review

No abstract provided.

The Supreme Court's Pragmatic Turn On The Separation Of Powers: Refining Appointments Clause And Nondelegation Doctrine, Peter Margulies

DePaul Law Review

Pragmatism is the hallmark of two recent Supreme Court

decisions on the separation of powers, Kennedy v. Braidwood

Management, Inc., and Federal Communications Commission

(FCC) v. Consumers’ Research. These cases, which dealt with the

Appointments Clause and the nondelegation doctrine (public and

private) respectively, reject a rigid, literalist approach. Instead,

these decisions strive to make government workable, in the process

facilitating implementation of Congress’s plans.

Both Braidwood and Consumers’ Research decline to require

Congress to recite “magic words” or lock in future executive branch

officials with mechanical formulas or caps on fees. Instead, each

decision looks at legislation …

Kidfluencer Protection Laws: The Good, The Bad, And The Best Fit Legislative Safeguards Against The Harms Of Monetized Sharenting, Emma Lee

DePaul Law Review

No abstract provided.

Son Of Sam Laws And The Alternative Methods For Addressing The Underlying Policy Considerations: It Takes More Than Good Moral Intuition To Make A Good Law, Kyra Holzmacher

DePaul Law Review

No abstract provided.

Hail Kisor? Why Stinson Controls Sentencing And Courts Must Defer To The Commentary Of The U.S. Sentencing Guidelines, S. Tony Eyer

DePaul Law Review

No abstract provided.

To Defer Or Not To Defer, That Is The Question: Whether It Is Better To Follow The Bia's Interpretation Of Deportable Crimes Or Conduct An Independent Analysis Of Applicable Criminal Statutes, Kristen Dant

DePaul Law Review

No abstract provided.

The Black Hole Of Capital Gains: Etf Swap Funds, Jeffrey M. Colon

DePaul Law Review

ETFs have begun to challenge mutual funds as the dominant

U.S. public pooled asset vehicle. Their constant liquidity, exposure

to an ever-widening range of investment strategies, and highly

touted tax efficiency have driven the explosive growth in the assets

under management of ETFs over the last fifteen years. The tax

efficiency is due to Section 852(b)(6), which permits ETFs to

distribute appreciated property tax free and eliminate all fund-level

taxable gains even while making portfolio adjustments, which

mutual funds cannot do.

Fund sponsors have developed various strategies to exploit the

benefits of Section 852(b)(6), with the newest being the launch …

"Distributed Voice" During Deliberations: What Real Juries Tell Us, Mary R. Rose, Shari S. Diamond

DePaul Law Review

Juries are supposed to represent the views of their community,

but securing representative bodies will not meet fair cross-section

aims if deliberations fail to actually produce contributions from a

wide variety of voices. This Essay develops the concept of

“distributed voice,” or the ability of a jury to spread out talk across

more jurors. Analyses examine what factors predict a jury’s

likelihood of producing more egalitarian distributions of speaking

turns and of words spoken. Data from actual deliberations of fifty

civil juries demonstrate that talk patterns on juries are more widely

distributed when there is a greater diversity of views …

Reflections On Danny Kahneman's Influence On Legal Scholarship, Jennifer K. Robbennolt

DePaul Law Review

No abstract provided.

Intuitions In Tort Law And Theory, James Macleod

DePaul Law Review

This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.

What The Law Can--And Cannot--Do About Bias In The Mind, Neil A. Lewis Jr.

DePaul Law Review

No abstract provided.

Procedural Justice In Trump's America, Rebecca Hollander-Blumoff

DePaul Law Review

No abstract provided.

Procedural Justice And Trial By Jury, Valerie P. Hans

DePaul Law Review

No abstract provided.

Probabilistic Injury And Presumptions Of Prejudicial Preferences, Erik J. Girvan

DePaul Law Review

No abstract provided.

Noneconomic Tort Damages And Biased Beliefs About Vulnerability To Harm, Roseanna Sommers, Nathan Cheek

DePaul Law Review

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a fiveyear- old from a high-SES family more severely than one from a low- SES family. This Essay examines …

Subjective Due Process As A Legal Standard: Using Lay Judgments As A Basis For Evaluating Emerging Remote And Impersonal Civil Procedures, Tom Tyler

DePaul Law Review

The forums through which the civil justice system operates are

rapidly changing toward the adoption of remote and impersonal

procedures. These changes are being driven by efforts to manage

large case loads through a system which has limited resources.

Authorities supporting these evolving forums suggest that they

respond to litigant concerns for rapid and inexpensive case

management procedures. A review of research suggests that, in

contrast to this perspective, people are actually very sensitive to

whether they believe they receive due process. Such due process

concerns have been identified through the literature of procedural

justice. They reflect four judgments about …

The Criminal Prosecution Of Public Employees: Between The Binding Effect Of Criminal Judgments And The Administration’S Disciplinary Authority A Comparative Analytical Study Under Iraqi And Lebanese Law, Mohammed Aboud Faisal Al-Janabi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Administrative discipline of public employees is regarded as an autonomous punitive system that is distinct from other sanctioning regimes in terms of its objectives, characteristics, and the authority responsible for its enforcement. Nevertheless, this autonomy does not preclude the existence of a close relationship between administrative disciplinary law and criminal law, nor does it prevent the former from being influenced by the latter in several respects. The same factual conduct that the administration characterizes as a disciplinary offence may simultaneously constitute a criminal offence punishable under the law. Consequently, a public employee may be subject to both disciplinary and criminal …

The White Hat Hacker's Approach: A Vulnerability Analysis Of U.S. Cyber Laws, Carlissa R. Carson

Montana Law Review

No abstract provided.

Punishing The Pursuit Of Punitive Damages: The Constitutional Flaws In Montana's Punitive Pleading Bar, Colin P. Spear

Montana Law Review

No abstract provided.

The Montana Supreme Court, The Montana Legislature, And Judicial Reform, Brit Englund

Montana Law Review

No abstract provided.

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski

Montana Law Review

No abstract provided.

Strategic Surveillance Against Newsgathering, Courtney C. Douglas

Montana Law Review

No abstract provided.

Court-Connected Mediation In Montana: Law, Practice, And Recommendations For Reform, Paul F. Kirgis, Brianna Anderson, Brock Flynn

Montana Law Review

No abstract provided.

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.

2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest

Montana Law Review

No abstract provided.

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.

Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association

Montana Law Review

No abstract provided.

Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the constitutional distribution of legislative and regulatory powers concerning public service rules in Morocco. Under the 1962 Constitution, only "basic guarantees granted to civil and military state employees" fell within the legislative domain, with all other public service rules relegated to the regulatory sphere. The 1970 Constitution maintained this approach. Despite constitutional provisions allowing for the adoption of organic laws to clarify and delimit these domains, no such laws were ever enacted for public service. Consequently, between 1962 and 1972, most public service rules remained within the regulatory domain, including some initially adopted by legislative acts, which …