Digital Commons Network^™

Punishment And Regret, Michelle Madden Dempsey

Faculty Publications

This essay is a contribution to a symposium on Adam Kolber’s Punishment for the Greater Good. As the title suggests, the essay focuses on the issues of punishment and regret. Its main thrust is a critique of Kolber’s failure to acknowledge the salience of retrospective normativity. This failure divorces Kolber’s attempt to justify punishment from our actual current carceral practices, which are fundamentally backward-looking responses to past (actual or supposed) wronging. It also limits Kolber’s ability to account for the normative reasons we have to regret these practices: mistaking regret as solely a matter of feeling and human psychology, while …

Expanding Access To Justice Through Legal Tech Innovation And Education: Aals Panel Discussions, Miguel Willis, April Dawson, Antonio Coronado, Diego Alcalá Laboy, Mark Williams, Margaret Hagan, Leighanne Thompson, Drew Amerson, Dan Jackson, Andrew Perlman

Seattle University Law Review Online

The 2025 AALS Annual Meeting featured a half-day AALS Symposium entitled, “Expanding Access to Justice Through Legal Tech Innovation and Education." Panel One was moderated by Miguel Willis and featured three panelists: April Dawson, Antonio Coronado, and Diego Alcalá Laboy. Panel Two was moderated by Mark Williams and featured two panelists: Margaret Hagan and LeighAnne Thompson. Panel Three was moderated by LeighAnne Thompson and featured four panelists: Drew Amerson, Dan Jackson, Andrew Perlman, and Miguel Willis. This article features transcripts from all three panels, edited for clarity and readability.

Adversaries And Experts: Legal Tradition Versus Empirical Science, André M. Peñalver

Seattle University Law Review Online

The modern courtroom can become a battleground between two epistemologies: the adversarial logic of law and the empirical rigor of science. Using a case involving a neuropsychological exam under Washington Civil Rule 35, this Article explores the tension between these traditions. While medicine embraced the Scientific Revolution, law remains tethered to its medieval Scholastic roots. The Article argues for humility and integration of evidence-based reasoning within the adversarial process.

Father Of The Bride: Vindicating Deanda’S Claim Against 42 C.F.R. § 59.10(B), Matthew S. Mcguire

Helms School of Government Undergraduate Law Review

Across the judicial landscape of U.S. Circuit Courts of Appeals, no state shall deprive any person of life, liberty, or property, without due process of law or at the prerogative of Congress and HHS. Veiled behind the complexity of administrative law, 42 C.F.R. § 59.10(b) precludes parental consent notifications for all Title X services for all parents. In 2020, the HHS Final Rule came to light after the District Court for the Northern District of Texas vacated the directive. Although the 5th Circuit affirmed and reversed in part, HHS does not enforce § 59.10(b) in Texas. For the rest of …

Fi-Fractured Policy: Problematic Preemption Provisions Under The Epa’S Fifra, Eric Mathemeier

Helms School of Government Undergraduate Law Review

The American people have long believed that nutrition is the main factor they should consider when purchasing produce. However, Americans are starting to worry that pesticides are infiltrating their food, namely their fruits and vegetables, and they would not be incorrect. Across many studies, surveys consistently find that 60% of Americans believe pesticides are bad for their health and have admitted to refraining from buying produce due to pesticide labeling. Only one in four Americans trusts the federal government with the responsibility of trustworthy and safe pesticide use.

Because of this, the United States Environmental Protection Agency (EPA) has worked …

Finding Research Datasets And Evaluating Data Quality, Ibis Anette Moreno-Lozano Phd.

Day Family Research Lab Workshop Series

No abstract provided.

Supreme Court Decision: Skrmetti And The Future Of Trans Rights, Floersheimer Center For Constitutional Democracy, Zalman Rothschild, Jessica Clarke, Ben Eidelson, Katie Eyer, Kate Redburn

2025–2026 Flyers

No abstract provided.

Criminal Appellate Defense, Criminal Law Society

2025–2026 Flyers

Join us for an insightful vent from the talented and accomplished Kayla Kelly, who will discuss her work in criminal appellate defense and law school advice.

The Fashion Law Names Cardozo A Top Law School For Fashion Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Fashion Law recognized Cardozo School of Law as one of its Top Law Schools for Fashion Law, highlighting the school's interdisciplinary curriculum, the FAME Center, and its student-run Fashion Law Society. The announcement also notes the upcoming celebration honoring Barbara Kolsun and the FAME Center's anniversary.

Ethics Of Artificial Intelligence For Lawyers: That Is The Sound Of Inevitability: Legislatures And Regulators Step In, Cliff Mckinney

Arkansas Law Notes

In The Matrix, the evil artificial intelligence entity, Agent Smith, corners the human hero, Neo, on the subway tracks. Agent Smith says, “You hear that Mr. Anderson? . . . That is the sound of inevitability. . . .” And if there is one thing that is inevitable, it is that regulations will quickly develop around the way that we interact with and utilize artificial intelligence.

No matter how innovative or disruptive artificial intelligence may be, lawmakers and regulators will not allow it to operate unchecked. Congress recently elected not to impose a moratorium on state regulation, and California has …

Artificial Intelligence In The Prosecution Of International Crimes, Marta Bo

International Law Studies

International criminal prosecutions face growing evidentiary challenges due to the vast and heterogeneous digital material generated during conflicts, including user-generated videos, social media, and intercepted communications. This article examines the potential role of artificial intelligence (AI) in supporting investigations and trials before the International Criminal Court (ICC). Rather than replacing judicial decision-making, AI can assist with specific tasks, particularly in establishing contextual elements and linkage evidence central to international crimes. The article explores three main areas: AI-driven biometric tools for facial and speech recognition; AI techniques for detecting patterns of violence and mapping command structures; and applications during trial proceedings, …

Cosby V. Leslie, 142 Nev. Adv. Op. 11 (Feb. 12, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

In Cosby v. Leslie, the Nevada Supreme Court held that "intrusion" under NRS 200.364(9) requires entry into a genital or anal opening, meaning conduct lacking such intrusion does not constitute sexual assault under Nevada law.

Gold Standard Ventures (Us) Inc. V. Thorson, 142 Nev. Adv. Op. 10 (Feb. 12, 2026), Lauren Jung

Nevada Supreme Court Summaries

The Court affirmed the district court's dismissal of Orla's petition for judicial review, finding that a party must have an existing personal or property right affected by the challenged decision to have standing. The Court therefore found that Orla had no standing to bring suit.

"Zekerheidsoverdracht & Zekerheidscessie", Ridwan Suselo

Jurnal Hukum & Pembangunan

Abstract

Sedikit Tentang Undang-Undang Pokok Agraria (U.U.P.A.) Dan Praktek Pelaksanaannya, Abdurahman S.H.

Jurnal Hukum & Pembangunan

Abstract

Pertanggungan Jawaban Hukum Mengenai Masalah "Tanah Oloran" "Tanah Bantaran" Pada Aliran Bengawan Solo, Wisnu Susanto

Jurnal Hukum & Pembangunan

Abstract

Aspek Hukum Pasar Modal (Bagian 2), Soemantoro Fhui

Jurnal Hukum & Pembangunan

Abstract

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

From Presumed Intent To Programmed Performance: Smart Contracts And The Future Of Contract Law, Amir Bushansky

Cleveland State Law Review

Smart contracts—self-executing agreements operating on decentralized blockchain networks—challenge the fundamental assumptions underlying traditional contract law. This Article challenges the prevailing scholarly approach that seeks to reshape smart contracts to fit existing doctrinal frameworks. Instead, it argues for adapting contract law itself to better accommodate smart contracts, given their unique advantages in cyberspace. Building on two complementary premises—that contract law primarily operates as “mimicking law,” reflecting the presumed expectations and preferences of contracting parties, and that default rules function as behavioral reference points that shape party behavior—the Article develops a positive theory predicting the expectations and preferences of parties entering into …

Valentine Act And Sherman Act: Separate And Distinct Antitrust Regimes, Thomas J. Collin

Cleveland State Law Review

The Ohio Supreme Court has held that the Valentine Act was patterned after the Sherman Act and should be interpreted in light of federal court interpretations of the Sherman Act. The Court was wrong, and its error persists. With the exception of a private right of action provision and a borrowed definition, nothing in the Valentine Act was derived from the Sherman Act. The holding ignores text and legislative history and has foreclosed development of any independent jurisprudence for a statute intended by the General Assembly to address grave antitrust abuses. This Article analyzes the Court’s error, details the origins …

The Taxing Ambiguity: Defining "Return" In Bankruptcy Dischargeability Cases, Elizabeth Tsai

Cleveland State Law Review

This Note examines the circuit split over the dischargeability of tax debts tied to late-filed returns, which has led to inconsistent bankruptcy outcomes and inequitable treatment of debtors across jurisdictions. Some courts, adopting the strict “one-day-late” rule, hold that any tax return filed even a single day past its deadline is not a “return” for bankruptcy discharge purposes, permanently barring relief. Others apply a more flexible standard grounded in the Beard test, considering a debtor’s good-faith compliance efforts. This inconsistency contradicts the fresh start principle of bankruptcy law, disproportionately harms low-income debtors, and fails to serve the government’s tax collection …

The Fallacies Of Originalism: Why Treating History And Tradition Alone As Dispositive Is Not Superior To The Tiers Of Scrutiny, Gage A. Johnson

Cleveland State Law Review

The goal of this Article is to develop the current history and tradition standard. I argue that the Bruen use of history and tradition is not a more principled or better way of interpreting the Constitution than the infamous tiers of scrutiny. This argument is supported by analyzing the way the Court has used history and tradition in reviewing restrictions on the Second Amendment and the push for it to be used under the First Amendment. I argue that Justice Thomas’s rigid application of history and tradition is essentially an ends-justifying-the-means analysis that is no different than the so called …

Creative Prison Food, Benjamin N. Cardozo School Of Law, Death Penalty And Criminal Defense Clinic

2025–2026 Flyers

In our True Crime era, we have seen videos, TV shows and and other outlets talking about the creativity of those who are incarcerated. Join us for Q&A and time to make food often prepares by incarcerated individuals.

Ice, Minneapolis, And Beyond, Center For Rights And Justice (Crj), Cardozo Civil Rights Clinic, Kathryn O. Greenberg Immigration Justice Clinic, Haiyun Damon-Feng, Betsy Ginsberg, Lindsay Nash, Alexander Reinert, Jessica A. Roth

2025–2026 Flyers

Join Cardozo professors for a timely discussion examining ICE enforcement, civil liberties, and the evolving legal landscape. The panel will explore recent developments in Minneapolis and their broader national implications..

Special Screening And Panel: The Alabama Solution, Perlmutter Center For Legal Justice At Cardozo Law, Death Penalty And Criminal Defense Clinic, Derrick Hamilton, Jose Saldana, Donna Hylton, David Garlock, Sumeet Sharma

2025–2026 Flyers

No abstract provided.

Take It To The Court: The Legal Tightrope Of The Nba’S Promise Of Players, Madeline M. Law

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Unprotected: The Lack Of Legal Safeguards For Child Entertainers, Paul Simpson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Second Amendment Right To Bear Arms, Or Lack Thereof: Assessing The Prohibition Of Unlawful Immigrants From Possessing Firearms, Anna Egensperger

Et Cetera

This Note looks at the hot button issue of whether unlawful immigrants should have the constitutional right to bear arms. Thus far, the Circuit Courts have come to different conclusions which require the input of the United States Supreme Court. Although intertwined with political views, this Note attempts to take a non-partisan stance which prioritizes the application of case law and a consistent reading of the Constitution. To provide the full context of this issue, this Note begins by describing the facts and holding of Columbia v. Heller which creates the first test for establishing a right protected under the …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Authentication Of Art, Herbert I. Lazerow

Cleveland State Law Review

The authentication of items permeates our law and our markets. While it is important for many consumer goods, authentication is crucial for artworks and artifacts where the value difference between the authentic and the inauthentic is huge. The question is raised most frequently in conflicts between buyer and seller of art where it is claimed that a warranty was breached, or between the owner of artwork and an authenticator where the claim sounds in tort. It also arises in any situation where the value of the art is important, such as tax or antitrust. Authentication of artwork can be difficult …