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Ai And Legal Malpractice: Are We Due For A Reckoning?, John Browning

Texas A&M Law Review

As the rate of AI adoption by lawyers steadily climbs, unfortunately so has the number of incidents of AI misuse by attorneys. For some time, courts satisfied themselves with giving offending lawyers warnings, ordering them to take additional CLE, and/or administering relatively nominal monetary sanctions. Lately, however, frustrated judges throughout the country have upped the ante by not only assessing increasingly higher sanctions but also imposing case dismissals and suspensions or disciplinary referrals for the lawyers involved. As this article discusses, with their negligence exposed to the public eye and the harsh gaze of their clients, lawyers who misuse AI …

Animus And Heightened Scrutiny: A Way Out Of The ‘Dead End’, Steve Sanders

Texas A&M Law Review

Laws or government actions that are grounded in animus rather than proper public purposes violate the Constitution’s guarantee of equal protection. This principle arises from four canonical cases decided by the Supreme Court between 1973 and 2013. These cases remain good law. Yet in the past decade the Roberts Court has given scant attention to the animus doctrine, and lower courts appear to be in a muddle about how to use it. As a result, the animus doctrine has reached what one prominent scholar calls a “dead end.” The animus cases are often described as exhibiting a more skeptical, more …

“Zoned Communities”: Signage And The Culture Of Property, Noah M. Kazis

Duke Law Journal Online

At the entrance to many small towns and counties can be found signs proclaiming "Zoning Enforced" or "Zoned Community, Permits Required." Such signage purports to be providing notice of local land use law. In the language used on these signs and in their visual cues, they appear to be official, instrumental communications, like a traffic or "no trespassing" sign. Moreover, when asked, that is what the local officials and residents who advocate for erecting such signs understand them to be.

This Essay, however, argues that such signage primarily functions in a subtler, cultural register. These signs' primary purpose is to …

Reconstructing The Administrative State In The Shadow Of The Unitary Executive, William Thomas Worster

ConLawNOW

The Supreme Court’s unfolding embrace of the unitary executive theory has now substantially restricted Congress’s ability to insulate administrative agencies from presidential control. In Trump v. Slaughter, the Court invalidated the Federal Trade Commission’s statutory removal protections and, in turn, shifted its substantial regulatory, adjudicative, and enforcement powers from independence to far more enhanced presidential supervision. The decision thus exposes a fundamental problem in the constitutional organization of, and legislative assumptions supporting, the administrative state, that have evolved over a substantial part of the nation’s history. Modern agencies are classified as “executive,” firmly placed within Article II under the …

Fighting Fraud With Two Hands Tied Behind Your Back: Health Care Fraud In The New Administrative State, Joan H. Krause

Journal of Law and Health

Although not directed at health care fraud, recent Supreme Court administrative law decisions—particularly Loper Bright Enterprises v. Raimondo and SEC v. Jarkesy—have destabilized the administrative foundations of federal health care fraud enforcement. The end of Chevron deference has shifted interpretive authority from agencies to courts, potentially increasing challenges to regulations and other administrative interpretations while encouraging agencies to rely more heavily on informal and less stable forms of guidance. Jarkesy further complicates enforcement by threatening the legality of civil monetary penalties, a common administrative penalty in health care fraud cases. Heightened judicial scrutiny, regulatory uncertainty, shifting executive priorities, …

From Premiums To Taxes: Financing Strategies For Single-Payer Health Care, David Gamage, James G. Kahn

Journal of Law and Health

Debates over financing single-payer health care reform proposals often discuss tax increases as costs without accounting for savings from the premiums and out-of-pocket payments that those taxes would replace. This Article evaluates the most important federal tax instruments that could be used to fund a national single-payer health care reform and then models three integrated approaches for financing such a reform that vary in their progressivity. Applying this to illustrative households, we find that each approach raise the revenues necessary to fund the reform while making the vast majority of low- and middle-income households better off, because their savings from …

Hope Springs Eternal: Phantom Visions For Deregulated Health Insurance, Mark A. Hall

Journal of Law and Health

Opponents of the Affordable Care Act (ACA) no longer seek explicitly to "repeal and replace" this widely popular law. Instead, opponents increasingly have turned to promoting deregulated alternatives like short-term health insurance, association health plans, and ministries that circumvent the ACA’s core requirement requirements, claiming that they offer better coverage options at substantially less cost. This essay explains, however, why comprehensive health insurance cannot remain affordable if the ACA's core regulatory structure is easily avoided.

The key insight is that, because health care costs are highly skewed across the population —such that the top 20% of spenders account for 80% …

Care After Insurance, Elenore Wade

Journal of Law and Health

This essay describes the theoretical and doctrinal problems caused by viewing healthcare and medicine through the framework of risk-based insurance. It also explains how the framework affects agency and institutional behavior in non-insurance medical payment programs and how it affects public political discourse on healthcare.

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Cookies Crumble: Reimagining Internet Personal Jurisdiction Post Briskin V. Shopify, Gabriel Wherley

University of Cincinnati Law Review

No abstract provided.

Birthright Citizenship Deserves Universal Injunctions, Jin Lim

University of Cincinnati Law Review

No abstract provided.

Punishing Homelessness: An Analysis Of Criminalizing Outdoor Sleeping, Maggie Hazelbaker

University of Cincinnati Law Review

No abstract provided.

Turning The Page Backward: Reconciling The Current Circuit Split On Whether The First Amendment Can Be Used To Challenge Modern Book Banning, Stella Brocker

University of Cincinnati Law Review

No abstract provided.

The More You Know, The More You Realize You Don't Know: The Impact Of Loper Bright On Traditional Notions Of Judicial Philosophy, Benjamin Baioni

University of Cincinnati Law Review

No abstract provided.

From Pickering To Participation: Rebalancing Speech And Equality In Government Employment, Madeline Pendleton, David Schultz

University of Cincinnati Law Review

Public employees occupy a uniquely precarious position in American constitutional law. They retain First Amendment rights as citizens while simultaneously operating within institutional hierarchies that may legitimately regulate their expression. Title VII and the Fourteenth Amendment’s Equal Protection Clause protect them from discrimination, yet the doctrinal frameworks designed to safeguard them often pull in opposite directions. This Article examines the resulting doctrinal confusion, arguing that the intersection of the Pickering/Garcetti framework governing public employee speech with Title VII’s hostile work environment doctrine and the Equal Protection Clause’s intent requirement has generated genuine uncertainty about the scope of constitutional protection—uncertainty that …

Modular Securities Regulation, Anita K. Krug

University of Cincinnati Law Review

Securities regulation is not supposed to look like corporate law, yet in the market for interval and tender-offer funds, it increasingly does. The SEC’s modern exemptive practice for these registered investment vehicles—funds that offer periodic liquidity while investing in less-liquid strategies—is doing more than granting individualized relief. In effect, it is transforming the Investment Company Act’s closed-end structural constraints from mandatory architecture into conditional defaults that permit product modularity (particularly in terms of multiple share classes and distribution and servicing fees) when paired with governance and disclosure safeguards. The result is a distinctly corporate-governance-like move in federal securities regulation: The …

An Analysis Of The Increasingly Popular Evidentiary Objection That "The Opposing Expert Has 'Cherry-Picked' The Information Supporting Their Opinion"—An Objection That Is At Once Colorful And Dangerous, Edward J. Imwinkelried

University of Cincinnati Law Review

No abstract provided.

Bending The Arc: The Long Fight For, Over, And With Justice, Jon Hanson, Lica Porcile, Dean A. Strang

University of Cincinnati Law Review

No abstract provided.

Did College Football Betting Markets Correctly Assess Game-Shortening Rule Changes?, Kevin Krieger, Justin Davis

UNLV Gaming Research & Review Journal

Established rules and norms are standard within competitive sports. However, changes are often made to create better functioning contests or improved viewer experiences. We examine the impact of one such change on sports wagering markets. To shorten college football games, starting in 2023, the National Collegiate Athletic Association (NCAA) adopted rule changes that would, in part, enable the game clock to run more frequently. This decision might create games with fewer plays, and scoring in such games might also be lower. We document the impact of these changes and question whether the sports betting markets quickly ascertained the impacts of …

When The Monsoon No Longer Returns: Climate Racism And Displacement In Pakistan, Ayman Irfan

Pace Environmental Law Review

International law does not recognize climate displacement as a distinct legal category. Refugee law protects those fleeing persecution, not environmental collapse. Climate treaties regulate emissions and finance but avoid enforceable responsibility for the human consequences of warming. Human rights law intervenes only at extreme thresholds. This fragmentation leaves millions displaced by climate-intensified disasters without coherent protection. Using Pakistan’s 2022 floods as a case study, this Article argues that climate-induced displacement must be treated as a foreseeable legal consequence of atmospheric harm. Pakistan contributes less than one percent of global greenhouse gas emissions yet ranks among the most climate-vulnerable states. The …

Citizenship At Sea: A Comparative Perspective On Blue Justice In The Andaman Sea And The Mediterranean In The Context Of Climate Change, Emilio Cocco

Pace Environmental Law Review

Discourses of the ocean in the sociological and socio-legal world have, until recently, been approached from majoritarian, terrestrial, profane and nation-centric perspectives. These perspectives are embedded in legal and regulatory regimes to the detriment of Indigenous and marginalized maritime communities. Drawing on the blue turn in sociology and socio-legal scholarship, this Article, in comparing the experiences of the Moken people of the Andaman Sea with those of migrants, fishers, and island communities in the Mediterranean, exposes the violence of such narratives. Through a comparative analysis of maritime borders, marine protected areas, tourism, and fisheries regulation, the Article explores how governance …

Mass Resettlement Politics And The Future Of Hyper-Local Climate Migration Strategies, Sarah Rogerson

Pace Environmental Law Review

Climate change is requiring state and local governments to engage in short- and long-term strategic thinking and municipal planning. Critically, the movement of people from communities that have become uninhabitable due to climate change to other communities in more resilient areas (sometimes called “climate havens”) is a reality that most municipalities in the United States are not currently well-equipped to address. Experts predict as many as 1.2 billion climate-related migrants worldwide by 2050, with at least 93 million Americans expected to relocate to more habitable places by 2070. To put this into perspective, 93 million people is just under the …

Climate Migration And Reparations: Reflections On The Icj Advisory Opinion On Climate Change, Carmen G. Gonzalez

Pace Environmental Law Review

Climate mobility governance is at an inflection point. Major developments, such as the International Court of Justice (ICJ) Advisory Opinion on climate change, are opening legal pathways to climate reparations and reshaping global policy debates on climate-induced migration. Climate-vulnerable states and peoples are calling for reparations for the intertwined injustices of slavery, colonialism and climate change and for legal frameworks that recognize the right to stay and the right to migrate based on the right to self-determination. This article examines the legal and ethical basis for reparative approaches to climate-induced migration. The article discusses the link between climate change and …

Introduction To Degrees Of Displacement: The Climate Crisis And The Future Of Migration, Ryan York

Pace Environmental Law Review

The Introduction to the 2026 Pace Environmental Law Review and Pace International Law Review Symposium, Degrees of Displacement: The Climate Crisis and the Future of Migration

Buddy, Can You Spare A Claim?: Sparing Debtors' Claims From Dismissal Under The Doctrine Of Judicial Estoppel, Post-Keathley V. Buddy Ayers Construction, Inc., Abigail Bright Willie

ConLawNOW

In Keathley v. Buddy Ayers Construction, Inc., the Supreme Court considered the (decidedly) unglamorous issue of the proper standard for determining when judicial estoppel may be applied. While the case did not attract front page news, those in the bankruptcy law world knew the stakes, as evidenced by the amicus briefs filed by retired bankruptcy judges, bankruptcy scholars, and national bankruptcy organizations. They recognized that, if a merely inadvertent omission by a debtor in required disclosure documents could result in dismissal on judicial estoppel grounds of an otherwise prosecutable claim, there would be profound implications for the estate and …

V.63-3, 2026 Masthead

San Diego Law Review

No abstract provided.

Perception Is Reality: The Obvious Interest Of State And Local Governments In Fighting Corruption Through The Enactment Of Contribution Limits, Jordan Al-Rawi

San Diego Law Review

Individual campaign contribution limits are one of the few remaining constitutional tools in a state or local government’s toolkit for fighting corruption, or its appearance, in elections.  Because contribution limits marginally burden a contributor’s First Amendment freedoms, a challenged limit must survive an arduous tailoring analysis to ensure that the limit is closely drawn to the government’s purported interest in combatting actual or perceived quid pro quo corruption.  However, before a challenged limit is subjected to this tailoring analysis, the government must first demonstrate that it has an individualized interest in addressing the existence of actual or perceived quid pro …

Calling Balls And Three Strikes, Tobie J. Smith

San Diego Law Review

The Supreme Court has revitalized the jury’s role in criminal sentencing over the past quarter century, reaffirming that the Sixth Amendment right to trial by jury extends to factfinding that increases the punishment range for a conviction.  But one class of sentencing findings—those related to a defendant’s criminal history—has been excluded.  The Court has upheld an exception to the jury right where the fact to be found is whether a defendant has a prior conviction.  Relying on that prior-conviction exception, many jurisdictions have continued to allow judges to increase the possible sentence based on their own preponderance-of-the-evidence findings about disputed …

Stigma-Based Credentials: Reentry, Record-Based Exclusion, And The Rights Of Permatemps, Sarah Sallen

San Diego Law Review

Employers’ use of background checks to exclude long-term temporary workers (“permatemps”) with criminal records from permanent employment —despite proven performance—creates a hidden barrier to advancement in the labor market.  Permatemping, where workers remain in the same role for months or years through a staffing agency, has grown alongside the rapid expansion of temporary work, which has nearly tripled since the 1990s. U.S. staffing agencies now hire nearly 13 million temporary and contract workers each year, and a significant portion of this workforce has criminal records.  For many, staffing agencies are not just a last resort, but a deliberate pathway to …

Supreme Selection, Renee Knake Jefferson, Hannah Brenner Johnson

San Diego Law Review

For more than two centuries, the highest judicial body in the United States systematically excluded women. In 2026, just over five percent of all justices have been women, and only two have been women of color. No woman or minority has ever served as chief justice.

This Article is the first to delve into the extraordinary and often overlooked journeys of minority women who were shortlisted—and, in two historic instances, selected—for the United States Supreme Court. It traces a long arc of exclusion and partial progress, beginning with Sandra Day O’Connor’s groundbreaking confirmation in 1981 as the first female justice …