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Joint Bank Accounts: Who Needs Them?, Reid K. Weisbord, Stewart E. Sterk

Articles

Joint bank accounts, once known as a “poor man’s will,” emerged more than a century ago as a probate avoidance device. This Article contends that joint accounts no longer serve a useful estate planning function, and they pose an unacceptably high risk to banking consumers because the legal framework governing lifetime ownership rights is deeply flawed and underdeveloped. Courts typically apply one of two prevailing models for allocating lifetime rights: (1) the traditional joint tenancy approach, which presumes equal ownership of account funds by each party; and (2) the Uniform Probate Code’s approach, which presumes ownership in proportion to each …

Putting Labour Law To Work: Imperative Of Race Conscious Labour Law, Harshini Arumugam

Dalhousie Law Journal

History shows that race and labour are deeply connected in Canada. For the labour movement to advance racial equality, it must contend with this reality. Through a critical race analysis, this paper examines how race-evasive approaches in labour laws and practices have contributed to systemic racial inequality. It argues that race-conscious strategies are essential for addressing the specific experiences and needs of racialized workers. By leveraging existing legal tools and intentionally incorporating race-conscious approaches into areas such as collective bargaining, the collective agreement, and the duty of fair representation, labour law can be a powerful mechanism for achieving racial justice …

The Impact Of Ai Companions On Family Law, Clare Huntington

Cardozo Law Review

People of all ages and backgrounds regularly use AI companions—virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As a policy …

Adoption And The Illusion Of Choice After Dobbs V. Jackson Women’S Health, Solangel Maldonado

Cardozo Law Review

Thalia, a twenty-eight-year-old mother of two, has struggled with a substance use disorder for several years. Her children, ages five and seven, are in foster care. Thalia was homeless when she learned that she was fourteen weeks pregnant. She wanted to have an abortion, but her state banned abortions after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The closest abortion care provider in a neighboring state was 400 miles away, and a medical (non-surgical) abortion was no longer an option.

Unable to access abortion care, Thalia was forced to carry the pregnancy to term. Her …

The Judicial Subjectivity In The Fair Use Analysis Of Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith And Its Implications, Donna Khademi

Theses

The case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith demonstrates the subjective nature of the fair use doctrine. Scholars suggest that judges are often forced to interpret expressive works without specialized training in art, leading to inconsistent rulings. These discrepancies can lead to legal ambiguity and potentially weaken First Amendment protections. A deeper understanding of authorship, appropriation, and contemporary art highlights their crucial role in evaluating expressive works. By examining current legislation and judicial precedents, this paper shows the subjective and inconsistent nature of the present legal framework and offers a set of related proposals. It …

Susceptibility To Memory Errors Created By Leading Questions Based On The Perceived Authority Of Interviewer, Clay K. Wollard

Undergraduate Honors Theses

It has been well established that memory of an event can be modified by introducing misinformation through questioning. This study fills a gap in the research literature by testing the potential relationship between perceived authority and susceptibility to misinformation. This was measured through showing participants a video of a traffic accident and asking them questions about the events they witnessed. Participants were also asked to rate their confidence in the correctness of each answer to determine if there are any correlations between authority, correct answers, misinformation, and confidence. Authority was conveyed through the clothing worn by the researcher during each …

Understanding The Impact Of Childhood Trauma On Recidivism Among Justice-Involved Youth, Jasmine Valencia, Karina V. Garcia, Genaro Fabela

Electronic Theses, Projects, and Dissertations

Adverse Childhood Experiences (ACEs) are especially common among youth involved in the juvenile justice system, and research has consistently linked these early traumatic experiences to a variety of negative behavioral and developmental outcomes. Still, we do not fully understand how strongly cumulative ACE exposure predicts whether detained youth will reoffend, or whether trauma-informed rehabilitation programs can help reduce that risk. This proposed quantitative study explores the relationship between ACE scores and recidivism among youth ages 11–18 detained at the San Bernardino County Juvenile Detention Center. Grounded in trauma theory and ecological systems theory, the study focuses on two primary questions: …

Analyzing Social Implications Of The Gender Wage Gap, Jessie A. Clarke

Electronic Theses, Projects, and Dissertations

The researcher seeks to understand the gender wage gap in the United States. The research question studied is “Why do women in the United States on average earn less income than men?” Women gain less power and resources as they earn less income than men. The researcher explores the phenomenon in this paper. This research proposal utilizes qualitative methods via interviews, and analysis through coding. In previous research, there is a lack of inclusion on the gender wage gap regarding various identities such as sexual orientation, other gender identities, and race/ethnicity. The researcher hopes to fill in these gaps in …

Public Opinion And State Abortion Policy, Gender, Age, And Ideology: Agreement With Dobbs Vs. Jackson Women’S Health Organization (2022), Jack Mcroberts

Bates College Undergraduate Law Review

No abstract provided.

The Paradox Of Equal Protection: Anti-Subordination Rhetoric In Service Of Anti-Classification Ends, Aanya Ghosh

Bates College Undergraduate Law Review

This article examines the evolution of Equal Protection jurisprudence through the competing lenses of anti-classification and anti-subordination. Anti-classification holds that the Constitution prohibits governmental use of racial categories regardless of purpose; anti-subordination holds that the Equal Protection Clause targets the perpetuation of racial hierarchy rather than the mere use of racial categories. Beginning with the foundational ambiguity of Brown v. Board of Education (1954) and tracing the doctrinal trajectory through Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), Parents Involved in Community Schools v. Seattle School District No. 1 (2007), and Students for Fair Admissions …

Reassessing Mining Share Divestment In Indonesia: Legal Challenges And Environmental Accountability, Ida Sumarsih, Luo Yuan Yuan

Indonesia Law Review

This article examines mining share divestment in Indonesia as an instrument of state control over natural resources and assesses the legal, institutional, and environmental challenges affecting its implementation. Using a normative legal approach, the study analyzes the applicable constitutional, statutory, and regulatory framework, supported by cases involving PT Kasongan Bumi Kencana, PT Newmont Nusa Tenggara, and PT Freeport Indonesia. The analysis identifies recurring problems relating to delayed compliance, fragmented institutional authority, limited financial capacity among Indonesian participants, and disputes concerning share valuation. Public Choice Theory and Rational Choice Theory are employed as supplementary analytical lenses to explain governmental decision-making concerning …

Human Dignity In The Foundational Political Documents Of The United States, Kalista Roades

Honors Theses

Human dignity is integral to modern discussions of human rights and liberties, but this connection can be found stretching back through history to the early developments of human rights. This paper begins with modern philosophical definitions of human dignity, especially from Rosen and Kateb. Rosen discusses four “strands” of dignity- Intrinsic Dignity, Status Dignity, Manner Dignity, and Respect Dignity. This paper then uses that framework to find human dignity implicit within the founding documents of the United States including the Declaration of Independence, the Constitution, and the Bill of Rights, as well as “Common Sense” and the Magna Carta to …

Bates College Undergraduate Law Review: Volume Iii, Issue I, Spring 2026, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.

From Dissent To Terrorism: The Formation Of A Security Grammar In Malaysia, Haezreena Begum Binti Abdul Hamid Dr

Indonesia Law Review

The absence of a universally accepted definition of terrorism has enabled states to exercise wide discretion in naming, governing, and exceptionalising violence. This article argues that, in Malaysia, “terrorism” did not emerge as a neutral legal category but as the product of a historically evolving security grammar, a patterned way of interpreting ideology, dissent, and conflict through the lens of existential threat. Employing a qualitative doctrinal socio-legal methodology, the study integrates analysis of international and Malaysian legal frameworks with case-based examination of key episodes, including Memali, Al-Arqam, Al-Ma’unah, Lahad Datu, and ISIS-linked incidents. Statutes, judicial decisions, policy materials, and regional …

Early Educational Benefits In Criminal Justice Learning And Practice: Efficacy Of High School-Level Criminal Justice Programs, Richard Brewer

Doctoral Dissertations and Projects

The value of educational progress and placing optimally educated agents into the criminal justice career field has been carefully examined throughout the history of justice, and the procurement of skills and knowledge applicable to field operations is aligned with several core Peelian tenets. The safe assumption is that every police action is observed or documented, and efforts must be made to build bridges to amend the law enforcement misconducts of yesteryear. One methodology to reduce the number of undesired incidents, expand occupational growth, and obtain optimal confidence levels among personnel in the volatile policing arena is implementing earlier learning development …

Voices From The Field: A Phenomenology Exploring Elementary Teachers’ Experiences Of The Impact Of Policy On Teaching Reading, Donna T. White

Doctoral Dissertations and Projects

The purpose of this transcendental-phenomenological study was to understand the lived experiences of reading teachers who implement policy-driven reading practices in elementary schools within urban school districts in Maryland. The theory guiding this study was Bandura’s theory of self-efficacy. The policies governing how teachers teach reading in Maryland's elementary schools informed this study. The Central Research Question was, " How do elementary teachers’ lived experiences of implementing reading policy in the classroom affect reading instruction? A transcendental-phenomenological research design was combined with purposive sampling and involved responses from 10 participants from urban school districts in Maryland. Transcript coding was used …

Ai Mistakes: "Confabulation" And Abduction, Not "Hallucination", Stephen M. Mcjohn, Ian Mcjohn

Suffolk University Law School Faculty Works

"Hallucination" has become the common term for errors by AI systems, yet it implies a misleading analogy to human perception. LLM's process tokens. They do not have conscious experience or conscious perception. A hallucination is an experience, and (to our knowledge, to date) LLM's do not experience anything. This paper suggests that legal scholars follow the lead of a small number of AI researchers who have suggested that "confabulation" is a more accurate term, a metaphor grounded in psychology. People confabulate when they unknowingly invent spurious explanations or facts. We then take this terminological question and stretch it into a …

Whose Fault Is It Anyways?: An Investigation Into Mississippi Divorce And Contested Custody Laws In Practice, Charles Conner

Honors Theses

When compared to almost any other state in the country, Mississippi is an outlier when it comes to divorce and child custody laws. Mississippi still retains a fault-based system to adjudicate contested divorces and still maintains best interest of the child as the default custody standard in court. These standards make Mississippi an exception nationally, requiring dedicated hearings to assign blame for the collapse of a marriage. This thesis aims to study how this unique system has impacted those going through it by surveying attorneys in the state who practice family law. This thesis will compare experiences both nationwide and …

Waking Up From The Resident Duty-Hour Nightmare, Olivia Jack

Health Matrix: The Journal of Law-Medicine

Lengthy, grueling hours have long been the tradition for physicians-in-training, but resident exhaustion is a threat to patient and resident safety in the United States. This Note outlines the historical development of resident duty-hour regulation and examines the political and professional forces that continue to shape the current system. It argues that the current accreditation-based approach, that nearly all states rely on, inadequately protects residents and patients. This Note proposes several legislative and regulatory solutions, but suggests that in this moment of history, states are uniquely positioned to fill the regulatory gap. Such solutions include mandatory automated duty-hour tracking, regular …

It's Magic?: Ozempic, Addiction Treatment, And The Law, Amandeep S. Grewal

Health Matrix: The Journal of Law-Medicine

The world may finally have a cure for drug addiction: Ozempic. That drug, popularly used for weight loss treatment, has spawned miracles for many patients. Their cravings for alcohol, opioids, nicotine and other addictive substances have disappeared along with their waistlines. But the legal system might not be ready to handle Ozempic. Some laws and policies discourage medication-assisted addiction treatment, especially in drug court systems. Drug court participants often face pressure to achieve sobriety through Alcoholics Anonymous and other twelve-step programs, rather than with medical assistance. Legal scholars and harm reduction advocates probably go too far in the other direction. …

Female Genital Cutting In American Foreign Policy – Proposal For Harm Reduction, Charlotte Racine

Bates College Journal of Political Studies

Female Genital Cutting/Mutilation (FGC/M) has gained international attention as an issue of human rights and violence against women and girls. The United States, as a leading world power, has openly opposed its practice and actively condemns it in communities and countries of the Global South, yet it fails to oppose or condemn as staunchly identical procedures within its borders. The simultaneous condemnation of FGC when it occurs in “undeveloped” countries and acceptance of American procedures like cosmetic genital modification surgeries, male circumcision, and “corrective” surgeries on intersex infants produces a narrative of cultural superiority and imperialism that harms the international …

Public Perceptions Of The Use Of Artificial Intelligence In Voir Dire, Carson Snyder

Honors Projects

Attorneys have increasingly utilized AI tools to improve efficiency, and one area of application is in jury selection, or voir dire. Public concerns involving AI can have negative implications on how the use of AI tools in voir dire would be received. This study seeks to answer how an attorney’s use of AI in voir dire impacts the public’s perception of the process. Previous research is limited, though findings relating to privacy being a leading concern, increased perception of risk for when error outcomes are more serious, and historical abuse of peremptory challenges outline potential reasons for public disapproval of …

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Occupational Stressors Correlated With Depression And Burnout Among Criminal Defense Attorneys, Fay Frances Spence

Walden Dissertations and Doctoral Studies

No prior studies have compared occupational stressors of criminal defense lawyers by practice setting (public defender, court-appointed, or retained). In this mixed-method study, the goal was to identify occupational stressors perceived by criminal defense lawyers in different settings and to determine if those stressors were correlated with depression, anxiety, and burnout, using Maslach’s burnout-engagement continuum as the theoretical framework. Based on stressors identified in semistructured interviews with 15 criminal defense lawyers, the Criminal Defender Stress Survey (CDSS) was created to measure the frequency and perceived intensity of identified stressors. The CDSS was incorporated into an online survey, along with the …

The Florida “Educational” And Employer Censorship Statutes: Constitutional Challenges, Joel E. Davidson

UC Law Constitutional Quarterly

No abstract provided.

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

“Tolling For The Outcast”: A Therapeutic Jurisprudence Consideration Of The Relationship Between The Americans With Disabilities Act, Death Row Conditions, And Capital Punishment, Michael L. Perlin, Esq., Talia Roitberg Harmon, Maren Geiger, Chelsea Henning

San Diego Law Review

The press has regularly reported on the level of abysmal conditions on death rows in those states that have retained capital punishment. Death-row prisoners are often incarcerated in solitary confinement, and are subject to much more deprivation and harsher conditions than other prisoners. As a result, many experience declining mental health, and it has become clear that persons with mental illness are disproportionately put to death. Some litigants have turned to the Americans with Disabilities Act (ADA) as a potential source of relief; the Supreme Court’s decision in Pennsylvania Department of Corrections v. Yeskey underscored that the act’s language “unmistakably …