Digital Commons Network^™

No More Wild West: The Need For Wellness Professional Standards, Barbara Zabawa

Faculty Works

The burgeoning wellness industry attracts a lot of practitioners who are largely unregulated. This “wild west” of wellness creates uncertainty for insurers, employers, consumers and practitioners as to what services and items wellness practitioners can offer, whether those practitioners are qualified and whether they behave in an ethical manner. Some guideposts for these wellness stakeholders would be welcome and may reduce consumer harm. Guideposts for wellness is especially crucial in a time when the Braidwood v. Becerra case threatens the delivery of preventive care services by the health care sector. As we have learned from the health care sector, the …

Historical Perspectives On Family Law: An Annotated Bibliography, Allen Roston

Faculty Works

This bibliography lists articles and books that provide historical perspectives on major aspects of family law. It focuses on legal history, but it includes some works that look at family relationships and issues through the broader lenses of social history, cultural history, or other historical approaches.

Interview Of Naomi Cahn, June Carbone, And Nancy Levit, Moderated By Claire Hill And Matthew Bodie, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew Bodie

Faculty Works

This conversation occurred at the start of the conference on "Women at Work" on Thursday, October 24, 2024, from 1:45 to 2:45 p.m. The conference, sponsored by the University of Minnesota Law School, was inspired by the new book, Fair Shake: Women & The Fight to Build a Just Economy, by Naomi Cahn, June Carbone, and Nancy Levit. The co-authors were interviewed by two members of the University of Minnesota School of Law faculty, Claire Hill and Matt Bodie. What follows is the conversation, edited for clarity. Questions to the panelists are in italics, while their responses are in regular …

Policing In Pixels, Lea Cazaudumec Lucas

Journal of Law, Technology, & the Internet

Artificial Intelligence (AI) is transforming border security and law enforcement, with facial recognition technology (FRT) at the forefront of this shift. Widely adopted by U.S. federal agencies such as the FBI, ICE, and CBP, FRT is increasingly used to monitor both citizens and migrants, often without their knowledge. While this technology promises enhanced security, it’s early-stage deployment raises significant concerns about reliability, bias, and ethical data sourcing. This paper examines how FRT is being used at the U.S.-Mexico border and beyond, highlighting its potential to disproportionately target vulnerable groups and infringe on constitutional rights.

The paper provides an overview of …

Foreword: On The Trust Relationship, Alexandra Fay

Tulsa Law Review

No abstract provided.

The Right To Truth, Maureen Edobor

Scholarly Articles

This Article argues that today’s anti-CRT statutes, book bans, and “divisive concepts” laws are not isolated culture-war skirmishes but the latest chapter in a long campaign—dating back to the Lost Cause and the United Daughters of the Confederacy—to legislate white innocence as national identity. By sanitizing slavery, suppressing discussions of systemic racism, and threatening educators with punitive ambiguity, these laws flatten historical truth and convert classrooms into zones of anticipatory obedience. The result is a state-engineered amnesia that undermines the core First and Fourteenth Amendment protections the Supreme Court has recognized for more than a century, from Meyer and Barnette …

The Ivf Exception: Strengthening Free Exercise Challenges To Abortion Bans, Io Jones

UC Law Constitutional Quarterly

The fallout of the Dobbs v. Jackson Women’s Health Organization decision has included two seemingly distinct but critically related dynamics. First, religiously motivated plaintiffs are filing lawsuits challenging abortion bans on free exercise grounds. These lawsuits argue, in accordance with current free exercise doctrine, that a state’s compelling interest in protecting “fetal life” is undermined by secular exceptions to abortion bans. Second, state lawmakers have been forced to confirm that their state abortion bans do not apply to in vitro fertilization (IVF), a fertility treatment that regularly requires the discarding of embryos. This confluence of factors raises a critical question …

Conference Speakers, Speakers

Canada-United States Law Journal

Proceedings of the 2nd Wilson Canada-United States Legal Issues Symposium

6. Mark: Sources And References, Matthew Lipman

Secondary School Curriculum

This sequential bibliography matches the 1980 edition of Mark page by page. It contains both sources—works that influenced Matthew Lipman in writing the novel—and references to philosophical works he and Ann Margaret Sharp recommend to explore the novels’ philosophical themes.

The Silicon Valley No-Poach Conspiracy, Eric A. Posner, Ruth Zheng

Coase-Sandor Institute for Law & Economics Research Paper Series

The Silicon Valley no-poach conspiracy is the most important cartel no one has heard of. It is rarely discussed in the cartel literature and is lost to public memory. More than forty tech firms, including Apple and Google, agreed not to poach employees from one another over three decades, causing an estimated $3.1 billion in lost wages. The Justice Department discovered and broke apart the cartel in 2010, but did not punish the cartel members, who quickly settled with employees and never admitted guilt. However, the case foreshadowed, and perhaps helped spur, two major developments in antitrust law a decade …

Pay To Plead: Finding Unfairness And Abusive Practices In California Debt Collection Cases, Claire Johnson Raba

UIC Law Open Access Faculty Scholarship

No abstract provided.

To Insure Domestic Tranquility And Provide For The Common Defence: The Preamble's Concern With Internal And External Threats, Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

University Of South Carolina Joseph F. Rice School Of Law Commencement Program, May 10, 2025, University Of South Carolina Joseph F. Rice School Of Law

Commencement and Hooding Programs

No abstract provided.

The Emerging Framework For The Recognition & Enforcement Of Annulled Arbitral Awards In U.S. Jurisprudence, Sarah Klim

Articles

The recognition and enforcement of foreign awards are governed almost universally by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"). However, this recognition and enforcement necessarily invokes national judicial power. The New York Convention does not devise a harmonized set of rules for courts to follow when faced with a request to recognize and enforce an annulled award. This has resulted in divergent approaches by national courts, which derive "not from any perversity of judges but from good faith variants in perspectives on how to construe the treaty."  This paper seeks …

Annual Survey Of Georgia Law: Legal Ethics, Patrick Longan

Articles

This Survey covers the period from June 1, 2024–May 31, 2025.1 The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.

Our Partisan Supreme Court And An Essential First Step Toward Reclaiming What's Been Lost, Gary Simson

Articles

Partisan decision-making by even only one Supreme Court Justice in a single case is not a trivial matter. The ill effects are greatly compounded when five or more Justices of a similar partisan bent regularly deliberate about, and decide, cases in a partisan way. At that point, we’ve got what can fairly be described as a partisan Supreme Court.

I argue in this Article that, to all of our great misfortune, a partisan Supreme Court is very much what we’ve got today. On a more hopeful note, though, I also argue that although reforming the Court to be a much …

The Dangers Of Denying Prosecutorial Independence: Wrongful Convictions, Official Misconduct, And Public Corruption, Meagan R. Hurley

Articles

In recent years, desires to limit prosecutorial discretion have become the focus of a national dialogue on the authority of the elected officials, allegations of their misconduct, and the need for stronger accountability measures. Legislatures across the country have considered a slew of bills aimed at diminishing prosecutorial power by prohibiting “progressive” office policies, creating oversight commissions, and promulgating simplified processes to recall or remove prosecutors entirely. In various jurisdictions, those proposals are now coming to fruition. While heightened scrutiny for some of the legal system’s most powerful leaders may seem attractive, an analysis of national trends aimed at curtailing …

The Centerline Presumption And Easements: A Property Owner's Guide To Understanding Property Rights In Land Ownership Disputes For Inverse Condemnation Lawsuits, Grant Houske

Law Student Works

In this Pathfinder guide, you will find a comprehensive analysis concerning the legal doctrine known as the centerline presumption combined with easements as two foundational requirements to establish liability as a basis for landowner property rights in asserting claims for an inverse condemnation claim/ "takings" claim, or quiet title lawsuits.

The research for this pathfinder will include history on the evolution of the centerline presumption, the "strip and gores" doctrine, easements, and the application of an easement with respect to potential ownership rights in real property subject to the possible application of the centerline presumption where a property owner can …

Concealed Carry And The Right To Self Defense In Missouri, Andrew Stafford Ii

Law Student Works

Firearm regulation, both nationally and in Missouri, sits at the center of ongoing constitutional debate and evolving public policy. Missouri’s legal landscape reflects a significant shift over the past two decades. The state moved from a traditional permit-based concealed carry system to a broad permitless carry framework that allows most adults to carry concealed firearms without a permit. This shift follows major developments in federal Second Amendment case law, including District of Columbia v. Heller, McDonald v. Chicago, and New York State Rifle & Pistol Ass’n v. Bruen, as well as Missouri’s 2014 constitutional amendment requiring courts to evaluate restrictions …

Causation's Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes

Faculty Publications

For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has established a consistent Fourteenth Amendment due process approach in punitive damages and personal jurisdiction cases, which is rooted in antecedents tracing to the nineteenth century and relies on a nexus of interests that balances individual rights, state interests, and federalism concerns. This framework, we argue, has …

Money Moves: Taxing The Wealthy At The State Level, David Gamage, Brian D. Galle, Darien Shanske

Faculty Publications

It's widely understood today that inequality is a major social problem that in turn contributes to other crises. By most accounts, tax systems are supposed to be our engines of equality. Yet in today’s United States, state and local tax systems mostly do the opposite: they take a greater percentage of the resources of the poor and middle class than of the rich.

Perhaps surprisingly, the traditional view among fiscal policy experts has been that this state of affairs is correct. In this standard account, only national governments should impose progressive or redistributive taxes. While acknowledging that there would be …

#Taxback? Prohibiting State Real Property Taxes On Land In Indian Country, Pippa Browde

Marquette Law Review

Land is a critical asset of Indian tribes. As tribes wrestle with how to create sustainable economies to support their sovereignty, the use and management of tribal land is integral. Taxation is a key component of economic development. This Article is about taxation of land within Indian country. It considers existing law that allows for state taxation of some land within Indian country. It makes a normative claim as to who the proper taxing sovereign should be based on tax policy principles and principles that support tribal self-governance and tribal sovereignty.

In Part II, this Article provides the background for …

Warning: What You Don’T Know May Kill You: Why California Needs Fentanyl-Specific Legislation, Fredrick, Abygail

Santa Clara Law Review

The lack of fentanyl-specific legislation in California is causing an overdose crisis throughout the state. This is partly attributed to the potency of fentanyl with low doses often resulting in death. Despite this increased risk of danger, however, current legislation merely lumps fentanyl punishment with the designated punishment for other controlled substances. Yet, these criminal statutes have consistently proven unsuccessful as the use of fentanyl continues to rise and unintended consequences continue to grow.

The ineffective management of this threat by our legislative branch has caused vigilante prosecutors to use illegal tactics of prosecution. Prosecutors are now charging dealers with …

South To Justice: Using International Law To Defend Against U.S. Border Externalization Policies Through The Example Of Forcibly Disappeared Migrants In Mexico, Cadwalader, Natalie

Santa Clara Law Review

The United States is increasingly employing border externalization controls as a primary means of preventing immigrants and asylum seekers from accessing due process and protection on U.S. soil. From Title 42, to metering, to the Remain in Mexico program, to Texas’s State Bill 4 today, no country has been more instrumental in facilitating or halting this suite of policies than Mexico. In this paper, I address the rise of border externalization policies in the United States, describe key differences between Mexican and U.S. human rights frameworks, and show how U.S. lawyers have mischaracterized enforced disappearances of migrants at the U.S.-Mexico …

Modeling Meaning: Causal Inference Under The California Racial Justice Act, Ball, W. David

Santa Clara Law Review

In order to evaluate claims arising under the California Racial Justice Act (RJA), judges and attorneys need to learn how to draw inferences about racial disparity from data—and, equally importantly, to learn how to avoid drawing inaccurate inferences from data. The key questions in many RJA claims are, first, how to determine what constitutes “defendant[s] who have engaged in similar conduct and are similarly situated” and, second, what might supply race-neutral reasons for those disparities. In other words, how can practitioners learn to distinguish between permissible disparities driven by offender characteristics and conduct and impermissible disparities driven by factors the …

The Disparity In Litigating Racial Disparity Claims: The Need For California Courts To Articulate A Framework For Assessing Racial Justice Act Challenges To Charging, Conviction, And Sentencing, Romo, Lisa M.

Santa Clara Law Review

Under California’s Racial Justice Act (RJA)—codified in Penal Code section 745—the state may not seek or obtain a criminal conviction or sentence on the basis of race, ethnicity, or national origin. There are four pathways to establishing an RJA violation. Two of the pathways proscribe discriminatory or biased conduct or language inside or outside the courtroom by specified criminal legal system actors, including judges, attorneys, law enforcement officers, and expert witnesses. The other two are based on disparities in charging, conviction, or sentencing associated with defendant race, ethnicity, or national origin and alternatively, in the case of sentencing, that of …

Rulemaking Petitions In A World Without Deference To Agencies: A New Lease On Life?, Daniel E. Walters

Faculty Scholarship

Often overlooked in the study and practice of administrative law, rulemaking petitions are means by which interested persons can prompt federal agencies to implement the statutes they administer in particular ways. After the Supreme Court’s 2024 decisions in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), and Ohio v. Environmental Protection Agency, 144 S. Ct. 2040 (2024), rulemaking petitions are about to experience a renaissance—one that could reshape environmental law, should environmental advocates choose to leverage the procedure.

The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu

Faculty Scholarship

Generative AI, machine learning and other computational uses of copyrighted works pose profound questions for copyright law. This article conducts of global survey of how different countries have attempted to answer these questions in relation to the unauthorized use of copyrighted works for training. Although the world has yet to achieve international consensus on this issue, an international equilibrium is emerging. Jurisdictions with common law and civil law traditions, and with varying economic conditions, technological capabilities, political systems, and cultural backgrounds, have found ways to reconcile copyright law and AI training. In this equilibrium, countries recognize that text data mining, …

The Great Unsettling: Administrative Governance After Loper Bright, Cary Coglianese, Daniel E. Walters

Faculty Scholarship

“Chevron is overruled.” These three words surely captured more attention than any others in the U.S. Supreme Court’s thirty-five-page opinion in Loper Bright Enterprises v. Raimondo. For forty years, the Chevron doctrine had been virtually synonymous with administrative law. Now that the Court has taken a step that many scholars thought unfathomable even just a few years ago, speculation abounds about the possible downstream impacts of Loper Bright on both what agencies will be able to do in the future and how lower courts will respond when reviewing agency action. The vast majority of early expert commentaries suggest …

Moral Politics Theory Applied To Abortion: Utopias, Dystopias, And Dobbs, Susan Ayres

Faculty Scholarship

This article examines Moral Politics Theory (MPT) as a way to understand current tensions in the US concerning reproductive justice. MPT, as developed and researched for over thirty years by cognitive scientist, George Lakoff, provides a way to explain differences in political worldviews. According to Lakoff’s research in Moral Politics and Don’t Think of an Elephant!, conservatives tend to hold a strict-father model, and progressives hold a nurturant-parent model. People in the political middle tend to endorse both models; Lakoff labels those in the middle as “biconceptuals,” and discusses how this group is most susceptible to persuasion because metaphors frame …