Digital Commons Network^™

Predicting Federal Third-Party Funding Regulation, Victoria Shannon Sahani

Utah Law Review

Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee …

Third-Party Funding Of Patent Litigation: Problems And Solutions, Korok Ray, Adam Olson

Utah Law Review

This Article documents the rise of third-party funding in patent litigation. We track funding sources for patent lawsuits in the United States from 2002 to 2021, which show an increase in cases and percentage funded by third parties. While we cannot say third-party funding increased patent litigation, we can observe the correlation. The use of the champerty doctrine by patent trolls distorts the marketplace and causes frivolous litigation.

The secondary patent market created a robust litigation market in which non-practicing entities (NPEs) can buy from innovators and sue defendants. Capital investments bet on litigation, hoping for a return without interest …

Does Third Party Litigation Funding Need Regulations On Consumer Protection, Ronen Avraham, Eric Schuller, Tony Sebok

Utah Law Review

Transcript of a roundtable discussion during the Third-Party Litigation Symposium at the S.J. Quinney College of Law

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a brief examination of the United States Court of Appeals for the Eleventh Circuit’s most important criminal law opinions in 2024. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from only the most noteworthy, published decisions. Section II of this Article addresses substantive criminal offenses, such as economic crimes, drug offenses, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the federal sentencing guidelines and other sentencing issues, and …

Federal Income Taxation, Andrew Todd

Mercer Law Review

In 2024, the United States Court of Appeals for the Eleventh Circuit issued only one published opinion, Green Rock LLC v. Internal Revenue Service, and a handful of unpublished opinions involving U.S. federal income tax issues. Green Rock presented an issue of first impression in the Eleventh Circuit: the validity of an Internal Revenue Service (IRS) Notice that designated transactions as “listed transactions” without following the notice and comment rulemaking procedures prescribed by the Administrative Procedure Act (APA). This Article surveys that opinion.

Immigration Law, Bianca N. Dibella, Hannah L. Baskind

Mercer Law Review

In 2024, the United States Court of Appeals for the Eleventh Circuit issued only one published opinion, Green Rock LLC v. Internal Revenue Service, and a handful of unpublished opinions involving U.S. federal income tax issues. Green Rock presented an issue of first impression in the Eleventh Circuit: the validity of an Internal Revenue Service (IRS) Notice that designated transactions as “listed transactions” without following the notice and comment rulemaking procedures prescribed by the Administrative Procedure Act (APA). This Article surveys that opinion.

From Exceptional To Accountable: Judicial Challenges To Tax Agency Procedures Under The Apa, Clay Wright

Mercer Law Review

This Comment examines the increasing scrutiny of the procedural practices of the Treasury Department and the Internal Revenue Service (IRS) in tax rulemaking, focusing on how the Administrative Procedure Act (APA) applies to their regulatory frameworks. It examines the evolving intersection of tax and administrative law, in light of courts beginning to alter long-standing notions of tax exceptionalism, where tax agencies have historically been shielded from the procedural standards that apply to other federal agencies. The Comment navigates these issues through key case law developments, highlighting how APA procedural challenges are reshaping the regulatory landscape

Barking Up The Right Tree: The Eleventh Circuit Tightens The Leash On Egregious Police Conduct In Plowright V. Miami-Dade County, Jack Chenette

Mercer Law Review

No abstract provided.

Table Of Contents

Mercer Law Review

No abstract provided.

To Keep Our Nation Breathing: The Impact Of State Legislation And The Prep Act On Covid-19 Liability Immunity Defenses For Healthcare Providers In The Eleventh Circuit, J. Bailey Hotard

Mercer Law Review

This Comment is not intended to patronize you with statistics related to the COVID-19 pandemic. The odds suggest that you or someone you love dealt with these gruesome realities in real-time. Instead, allow me to paint a picture:1 You direct hospital operations. You have built your career at a trauma hospital, so you are familiar with the stress that comes with a daily ratio of six patients to one nurse—and yet, COVID-19 brings constantly evolving challenges that no one anticipated. On a typical day, during the height of the pandemic, your consecutive twelve-hour workdays become a blur as you and …

Anything No Longer Goes: How The Eleventh Circuit Has Settled On One Standard To Determine Deliberate-Indifference Claims, Sarah Beth Scarborough

Mercer Law Review

Deliberate indifference to the medical care of a loved one, or oneself, rightly causes outrage. When such an occurrence takes place behind prison walls, inmates or loved ones on their behalf, file a deliberate indifference claim under 42 U.S.C. § 1983,and they allege a violation of their Eighth Amendment right to be free of cruel and unusual punishment. However, the test for deliberate indifference has been misconstrued and misapplied for decades within the United States Court of Appeals for the Eleventh Circuit. Such a malleable test leads to different standards of proof for a plaintiff to meet, and confusion among …

Repugnant Verdicts For $1000: Navigating The Intersection Of Double Jeopardy And Conflicting Verdicts In Mcelrath V. Georgia, Talia Levine

Mercer Law Review

“No man is to be brought into jeopardy of his life, more than once, for the same offense.” This ancient maxim, preserved in the Double Jeopardy Clause of the Fifth Amendment, is a hallmark of the American justice system. The Double Jeopardy Clause gives a criminal defendant the constitutional right not to be tried again for the same offense after being acquitted. This guarantee stands as “[p]erhaps the most fundamental rule in the history of double jeopardy jurisprudence.”

The Supreme Court of the United States has repeatedly upheld these principles; by refusing to allow retrial following an acquittal, the Court …

The Future Is In Their Care: Justice And The Washington Constitution, Steven González

Washington Law Review

No abstract provided.

J Mich Dent Assoc June 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is the leading monthly digital publication serving Michigan’s oral health community and the MDA’s 6,200+ members. Distributed globally through the searchable ADA Commons publishing platform, it is the primary channel for news, clinical insights, and professional resources for Michigan dentists.

June Issue Highlights:

• Cover Feature: An in-depth report on the MDA’s advocacy efforts beyond insurance reimbursement, highlighting recent legislative wins and member services that support practice profitability and success.
• Workforce Well-being: A special feature on the stages of stress and burnout, with strategies and resources to support mental health and resilience.
• Compliance Update: …

Dentistry And The Law: Can I Use Patient Information To Respond To Internet Criticism?, Daniel Schulte J.D.

The Journal of the Michigan Dental Association

This legal guidance addresses dentists' inability to respond to negative online reviews using patient information. The article explains that HIPAA and Michigan's Dentist-Patient Privilege Statute prohibit healthcare professionals from disclosing patient information without authorization, even when defending against false or defamatory online posts. Unlike patients who can freely share information about their treatment, dentists face significant legal restrictions. The author notes that legal recourse is often difficult due to challenges in proving poster identity, distinguishing factual statements from opinions, and demonstrating specific damages. The recommended approach is to avoid responding to negative posts and instead focus on reputation management through …

The Mda's Impact: Going Beyond Insurance Reimbursements, Todd Christy D.D.S.

The Journal of the Michigan Dental Association

Dr. Todd Christy, MDA Immediate Past President, acknowledges that inadequate insurance reimbursement rates are a major concern for dental practices. He explains that federal antitrust laws restrict the MDA from directly intervening to "fix" these rates. However, the article emphasizes that the MDA provides significant value and advocacy in many other areas crucial to dentists. Key achievements include eliminating the tax on dental prosthetics, legislating network leasing protections, expanding kindergarten oral health assessments, and regulating mobile dentistry. The MDA also offered vital support during the COVID-19 pandemic, advocated for increased Medicaid facility fees for anesthesia procedures, and assists members with …

Be Aware Of These Hazard Communication Standard Changes, Jennifer Cosey

The Journal of the Michigan Dental Association

Executive Summary: This regulatory update outlines OSHA's revised Hazard Communication Standard published on May 20, 2024, with staggered compliance dates ranging from 18 to 42 months after publication. The changes primarily affect manufacturers and distributors, who must now provide Safety Data Sheets (SDSs) with their first shipments and updates. For dental practices, the standard applies to products containing 1% hazardous ingredients or 0.1% carcinogens, such as disinfectants, medications, amalgam, and adhesives. Key changes include new definitions for liquids, solids, and physical hazards, updated labeling requirements for small containers (≤100 ml), and improved accessibility requirements for SDSs. Manufacturers must now provide …

Contract Quality Feature Extraction Using Llm, Aaron C. Washington

Theses and Dissertations

This study explored the potential insights generated from linguistic complexity measurements and large language model (LLM) based assessments on the quality of contract documents. By combining structured True/False prompts with log-probability analysis and ambiguity scoring, the study introduced novel contract-quality assessment methods. Results support a feature-driven approach to contract evaluation, one that offers automated, scalable insights for triaging risk and improving drafting practices. These assessment methods contribute to the growing field of legal natural language processing by offering modular tools for effective contract analysis.

Supreme Court Lgbtq Orthodoxy, Carlos A. Ball

Missouri Law Review

This Article argues that the Supreme Court has relied on two simplifying assumptions in First Amendment exemption cases involving LGBTQ issues. The first assumption is that the government’s interest in addressing and remedying discrimination is irrelevant to the matter at hand. The second assumption is that state officials, in enforcing sexual orientation antidiscrimination laws against individuals who object to them on religious or moral grounds, seek to force the dissenters to speak in ways they do not want to speak. As the Article explains, the Court has abided by neither simplifying assumption in exemption cases involving the application of race …

Whose Bot Is It Anyway? Determining Liability For Ai-Generated Content, John G. Browning

Northern Illinois University Law Review

As Chief Justice John Roberts noted in his State of the Judiciary address in late December 2023, artificial intelligence has not only had a seismic effect on society and the legal profession, but it is also presenting courts with novel questions to resolve. To date, most of the legal scholarship discussing generative AI has focused on areas like the ethical dimensions of its use, copyright infringement implications, AI governance issues, and the evidentiary questions raised by the use of this technology. However, a void in the scholarship exists with respect to the question of who should be liable for AI-generated …

Avoiding Dupe Process, Kevin Frazier

Northern Illinois University Law Review

Advances in artificial intelligence (AI) combined with increased documentation of human overreliance on AI recommendations demands a reexamination of content moderation processes. Social media platforms—reacting to internal values, social pressure, regulatory mandates, or some combination of all three—have carried over procedural due process norms to content decisions. One common procedural protection is a “human-in-the-loop” (HITL) requirement. These requirements insist that a human provide some oversight role prior to an automated decision becoming final.

A review of the core values of due process—namely, accuracy, fairness, legitimacy—and the nature of hybrid decisional frameworks—those that involve AI and human inputs—show that HITL requirements …

The Emerging Danger Of Ai-Generated Child Sexual Abuse Material And An Unprepared Criminal Code, Jessica L. Terkovich

Northern Illinois University Law Review

The development and dissemination of child sexual abuse material (“CSAM”) using artificial intelligence (“AI”) is becoming easier and easier with technological advancements. This Article argues that traditional child pornography statutes should be extended to encompass fully AI-generated images. The Article outlines the history of the nation’s current federal CSAM laws and details the results of a nationwide survey of statutes which determined that few states have effective laws on the books regarding AI-generated CSAM. This Article also offers recommendations for constructing effective laws against AI-generated CSAM and concludes that harm comes from the very existence of CSAM, no matter how …

Under The Limelight Of Fame: Life, Success, And Revenge Porn—A Public Figure’S Right To Privacy Versus Speech On Matters Of Public Concern, Jose Garcia

Northern Illinois University Law Review

The twenty-first century continues to evolve technologically and socially. However, the main constant in society is the public’s devotion to celebrity culture. Celebrity culture constantly has the public’s attention, from Travis Kelce’s and Taylor Swift’s relationship, to the controversies surrounding President Donald Trump. As a result, being a public figure in a technologically advanced society comes with a limited right to privacy. Public figures over the years have become victims of nonconsensual pornography with limited options for recovery and accountability. California Civil Code Section 1708.85 is a prime example of a statute that poses a challenge to a public figure …

Vol. 45, No. 3, Summer 2025: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 45, Issue 3 of the Northern Illinois Law Review

How Domestic Institutions Shape The Global Tech War, Anu Bradford, Eileen Li, Matthew C. Waxman

Faculty Scholarship

The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function of its internal features, including basic constitutional powers, domestic legal institutions, and the relationships between the government and …

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Faculty Scholarship

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford

Faculty Scholarship

Courts around the world are putting their data online, making information about caseloads, parties, and decisions available to the public. Yet, this data is far from complete, and often only reflects a portion of courts’ dockets. We offer and validate a set of tools for leveraging serialized bureaucratic data from courts to estimate the proportion of cases available to the public and the time courts take to make decisions. Using data from more than 3,000 courts in China, our methods allow us to assess patterns of missingness in court data across provinces and cities by type of case and to …

After Notice And Choice: Reinvigorating “Unfairness” To Rein In Data Abuses, Lina M. Khan, Samuel A.A. Levine, Stephanie T. Nguyen

Faculty Scholarship

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and exploiting vast troves of personal data. The agency’s historical approach, rooted in outdated assumptions about self-correcting markets and an ideologically cramped view of the FTC’s authorities and mandate, helped usher in a digital economy where data abuses became routine.

During the Biden Administration, the FTC …

Bound: The Imaginative Surplus Of Contractual Intent, Elizabeth F. Emens

Faculty Scholarship

Contract law is generally understood in terms of enforcement. The legal definition of a contract is a promise that the state will enforce. Individuals are empowered by contract law to create legal arrangements that the state will step in and enforce. And yet most contracts never make it to court.

This Article inverts the conventional focus on enforcement through a study of extralegal contracts. These are formal written agreements that parties call contracts but are not intended for legal enforcement. Examples of these extralegal contracts include no-suicide contracts and contracts for sexual slavery.

Examining extralegal contracts offers multiple insights. First, …

The Past, Present, And Future Of Proxy Voting Choice, Dorothy S. Lund

Faculty Scholarship

This article provides an early attempt at understanding what voluntary pass-through voting could mean for the marketplace. I first provide an overview of my argument in my 2018 Journal of Corporation Law article and the events that followed. I then survey passthrough voting initiatives that have taken hold at three asset managers — BlackRock, Vanguard, and State Street. I then conclude with some preliminary observations about how voting choice is likely to affect the proxy voting landscape and outline open questions.