Digital Commons Network^™

Patriot, Aysha Affaneh

Northwestern Law Journal des Refusés

No abstract provided.

Three Women, Caroline Faye

Northwestern Law Journal des Refusés

No abstract provided.

Unveiling Injustice: The Case For Ending Guantanamo Bay And Extrajudicial Detention, Aasiyah Wasif

Northwestern Law Journal des Refusés

No abstract provided.

Letter From The Editor, Laya Reddy

Northwestern Law Journal des Refusés

No abstract provided.

Imposing Restrictions On The First Step Act’S Retroactive Application To Vacated Sentences, Isabelle M. Carbajales, Lauren O’Neil Hamilton

University of Miami Law Review

The First Step Act has been called “the most significant criminal justice reform bill in a generation.” Until recently, the Eleventh Circuit had not weighed in on whether Section 403 of the First Step Act’s sentencing reforms applies to defendants whose initial sentences were vacated and who face resentencing after the Act’s enactment. On July 2, 2024, the Supreme Court agreed to squarely consider this issue, despite the Department of Justice siding with defendants yet calling the issue “shallow.” On July 8, 2024, the Eleventh Circuit held these defendants are not entitled to the benefits of the First Step Act …

The Form Doesn’T Know Anything: A Response To Chowdhury, Chudkowski & Gulati, Glenn D. West

University of Miami Law Review

Merger and acquisition agreements differ significantly from sovereign bonds. While I have criticized the stubborn persistence of harmful or ineffective boilerplate in the M&A deal world, this persistence does not stem from a desire for uniformity or blind adherence to a sacred form. The dynamics involved in negotiating merger and acquisition agreements often dictate that comments on a form agreement be kept to a minimum, making the improvement of the form a secondary goal. Moreover, what one party considers bad boilerplate may be seen as beneficial by another. Many of the myths supposedly debunked by Chowdhury, Chudkowski & Gulati may, …

Integrating Positive Psychology And Spirituality To Foster Meaning And Well-Being In Older Adults, Crystal Morris

Adultspan Journal

This perspective article explores the integration of positive psychology interventions (PPIs) and spirituality in therapy to foster meaning and well-being in older adults. It highlights exercises such as the positive introduction, positive legacy, character strengths, mindfulness, mindful-based yoga, and a manifestation prayer journaling. The interventions presented are tools to support older adults that may experience depression, difficult life transitions, and the search for renewed meaning. Therapists who integrate PPIs and spirituality into therapy can promote a holistic, non-pathological approach to treatment.

The Form Knows Best, Tara Chowdhury, Faith Chudkowski, Mitu Gulati

University of Miami Law Review

Law students learn that contracts are carefully negotiated, precisely drafted, and shaped by doctrine. But lawyers tell a different story. This article compares six pillars of contract law with what we heard in over 170 interviews with senior transactional lawyers across M&A, sovereign bonds, and leveraged loans. The result is a gap between the Official Story taught in classrooms and the Unofficial Story told by practitioners—where boilerplate dominates, case law is rarely consulted, and market custom often prevails over efficient design. We suggest that many contract provisions are better understood as historical artifacts: products of inherited forms and production pressure. …

Foreword, Hon. Nancy G. Abudu

University of Miami Law Review

No abstract provided.

The Scope Of The Subchapter V Corporate Debtor’S “Fresh Start”: The Eleventh Circuit Is Poised To Weigh In, Robert J. Landry, Iii

University of Miami Law Review

The fifth anniversary of the effective date of The Small Business Reorganization Act of 2019 (SBRA) was February 19, 2025. This is a significant milestone in bankruptcy law as SBRA represents the most significant reform to Chapter 11 since the enactment of the Bankruptcy Code in 1978. SBRA created Subchapter V— a new tool for small businesses to rescue such businesses in financial distress. A significant body of caselaw has developed on a host of legal issues arising under SBRA over the last five years. One area that is evolving pertains to the scope of discharge available to small business …

What’S In A Name? How The Eleventh Circuit Ignored The Fourth Amendment To Hold That A Warrant For One Person Authorizes The Detention Of Others, Jared Mcclain, Dylan Moore

University of Miami Law Review

Odds are, your name isn’t all that unique. Most people share the same first and last name with hundreds, if not thousands, of other Americans. The frequency with which people share a name raises an important question of civil rights: What happens when officers arrest and detain an innocent person based on an arrest warrant that was issued for someone else with the same name?

In the Eleventh Circuit, the answer is almost always “nothing.” So long as a mistaken detention lasts three days or fewer, officers are free from accountability for apprehending the innocent—even if those officers have good …

Erie Mistakes: The Eleventh Circuit Misconstrues Already Problematic Georgia Precedent On Choice Of Law, Jeffrey A. Van Detta

University of Miami Law Review

This Article explores the Eleventh Circuit’s precedent that has struggled with an unusual Georgia choice-of-law rule. The rule in question applies when the conflicting law of a sister state is a common law rule or doctrine (such as in tort or contract law) rather than a specific statute and has been a feature of Georgia law since the 19th century. The approach has lingered in scattered Georgia and related federal cases over many decades but was not given much attention in modern times until the Georgia Supreme Court decided to reaffirm and amplify it unanimously and defiantly in Coon v. …

The Legal Acrobatics Of Dealing With International Arbitral Awards Rendered In The United States, Damon R. Duchenne

University of Miami Law Review

International arbitration has become a preferred method for resolving cross-border commercial disputes, largely due to its efficiency and flexibility compared to traditional court litigation. However, the post-award phase, particularly the process of vacating or enforcing arbitral awards, presents significant complexities, especially in the United States. Despite the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) guiding the international recognition and enforcement of arbitral awards, the U.S. has introduced an anomaly by categorizing certain awards rendered within its jurisdiction as “nondomestic,” subjecting them to the Convention’s framework. This has led to confusion regarding whether such awards are …

(The Lack Of) Fan Fiction Litigation: Why Do Creators Refrain From Suit?, Channah Klapper

Northwestern Journal of Technology and Intellectual Property

This Note explores the status of contemporary fan fiction under United States copyright law. It begins by tracing the historical development of fan fiction and then examines fan fiction’s legal treatment in the internet age, with a focus on the potential application of the fair use doctrine. It surveys relevant case law and considers the notable absence of litigation by content creators against fan fiction authors. Finally, it offers a number of possible explanations for this reluctance to pursue legal action.

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

The Need For A New Sexual Assault Charge In The Texas Penal Code For Victims Of Intimate Partner Sexual Assault, Brianna Hollien Ruiz

St. Mary's Law Journal

No abstract provided.

Cardozo Law News Brief: May 9, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the May 9, 2025 Cardozo Law News Brief include:

• Professor Britta Redwood was selected for the 2025 Harvard/Stanford/Yale Junior Faculty Forum.

• Alumnus Jaime Leggett ’10 appeared on the SPARKS podcast to discuss his legal career.

• Professor Peter Markowitz was quoted in The New York Times on immigration enforcement.

• Professor Jessica Roth appeared on CNN to discuss jury selection in the Diddy trial.

• Other faculty news includes speaking events and editorial work by Professors Codrington, Zelinsky, and Drucker-Albert.

How Well Do Sinkler And Hopson Float?: Vital Operations, Nondelegable Duties, And Agency In Fela And Jones Act Cases, Thomas Galligan Jr., Andrew Hughes

St. Mary's Law Journal

No abstract provided.

In Praise Of Attainder, Nathan Ristuccia

St. Mary's Law Journal

No abstract provided.

Differences In Treatment Regarding Affirmative Action And Legacy Admissions, Vanesa Chavez

St. Mary's Law Journal

No abstract provided.

Normative Contestation In The International Order: Is China Remaking Global Governance?, Kal Raustiala

International Law Studies

This essay explores China’s approach to global order. China’s remarkable rise has coincided with increasing engagement with the institutions of global governance. These institutions—in particular the United Nations—make up the core of what U.S. leaders have often referred to as the liberal world order or the rules-based order. Many U.S. officials see China as a deep threat intent on challenging, and perhaps even seeking to replace, this rules-based order. This essay, however, makes the case that China’s near-term goals for global governance appear more modest. Much of China’s behavior within institutions such as the UN suggests that what it seeks …

Towards A Human Rights-Based Approach To Energy Transition In Africa, Oyeniyi Abe

Pacific Faculty Work

African countries have increasingly emphasized adopting lower carbon, more efficient and environmentally responsible energy systems. Despite these efforts, little progress has been made in addressing the adverse human rights impacts of energy transition programs and projects, and the responsibilities of extractive sector corporations and operators. Existing legal and institutional frameworks supporting human rights face hindrances in adapting to local contexts to pursue clean energy transition and energy justice. Through the lens of community engagement, gender equality and other rights-based approaches, this article argues that socially excluding vulnerable groups in accessing energy markets is primarily a function of consolidating energy delivery …

Differing Judicial Perspectives: A Look Into The Evolution And Constitutionality Of The United States' Administrative State, Buchanan Albert Cook

Honors Theses

Over time the United States’ administrative state has evolved into something that is quite unrecognizable from its inception in the early years of the nation. This essay will provide an account of the founding of the United States Constitution while recognizing the intent and design of the framers of the Constitution. In juxtapositioning this account with the current state of administrative agencies, questions over the constitutionality of such agencies will be posed. To answer these questions, an overview of the history of administrative agencies in the United States will be given alongside accompanying and significant Supreme Court Cases. This overview …

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Northwestern Journal of Technology and Intellectual Property

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …

Who Holds The Hammer? A Private Ordering Framework As The Key To Carpenter’S Privacy Puzzle, Matthew Green

Northwestern Journal of Technology and Intellectual Property

This Note builds on the Supreme Court’s reasoning in Carpenter v. United States, suggesting that its technology-specific approach may be insufficiently elastic to address the complexities of modern data privacy. Through an analysis of several exemplars, this Note advocates for a private ordering framework—where data collectors respond to consumer expectations of privacy through self-regulating practices—as a more adaptive and effective means of safeguarding digital privacy. This approach preserves the third-party doctrine while reducing the burden on courts to draw technological boundaries in a rapidly evolving digital environment.

Towards A Regulatory Theory Of Platform Rule: Corporate “Sovereignty” Through Immunities, Uta Kohl

St. Mary's Law Journal

No abstract provided.

Asegurar La Frontera: Expansion Of Governor Greg Abbott’S Powers Over Border Security, Marshall B. Lloyd

St. Mary's Law Journal

No abstract provided.

Law Library Blog (April 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law, Kathleen Macandrew, Erin Orsini

Law Library Newsletters/Blog

No abstract provided.

Antiracist Development Institute Workshop At Rwu School Of Law May 5, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.