Digital Commons Network^™

Professor Dan Subotnik, Nancy Fox

Touro Law Review

No abstract provided.

My Friend Dan Subotnik, Harvey Gilmore

Touro Law Review

No abstract provided.

In Memory Of Dan Subotnik—Friend And Scholar, David M. Phillips

Touro Law Review

No abstract provided.

Memories Of Marian Pink, Marian Pink

Touro Law Review

No abstract provided.

A Long, Deep, And Unbreakable Friendship, Henry Ramer

Touro Law Review

No abstract provided.

Touching Our Lives With Love And Grace: A Remembrance Of Dan Subotnik, Dr. Edward Crowe

Touro Law Review

No abstract provided.

A Letter To My Father-In-Law, Dan Subotnik, Dina Leytes

Touro Law Review

No abstract provided.

In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz

Touro Law Review

No abstract provided.

Memories Of My Father, Daniel Ezra Subotnik, Joseph E. Subotnik

Touro Law Review

No abstract provided.

Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik

Touro Law Review

No abstract provided.

The Once And Future Scholar: A Love Letter To Dan Subotnik, Rose Rosengard Subotnik

Touro Law Review

No abstract provided.

If I Only Had The Words (To Tell You): Billy Joel Lyrics In Legal And Medical Scholarship, Seuli Bose Brill, Christian H. Brill

Touro Law Review

Law and medicine are often considered to be among the least accessible professions, partly because of the heavy use of non colloquial jargon. This article examines more than 150 instances in which Billy Joel’s lyrics have been used to improve the accessibility of legal and medical scholarship. Legal and medical professionals have used the words of the “Piano Man” to discuss a variety of topics—everything from civil procedure to property rights and the COVID-19 pandemic to colorectal surgery. Nontraditional communications techniques of this type do not just contribute to the body of legal and medical scholarship; they also help professionals …

Revisiting “Of Arms And The Militia: Gun Regulation By Legislatively Defining ‘Ordinary Military Equipment’”, Edward J. Curtis ,Jr.

Touro Law Review

In 2021, I published an article arguing that semi-automatic rifles and semi-automatic handguns, among other weapons, could be most effectively regulated by defining the “ordinary military equipment” that the states’ militia members were expected to produce in the event they were called to service. I based my argument on the rationale employed by the United States Supreme Court in its 1939 decision in United States v. Miller, which upheld the National Firearms Act of 1934.

Durbin’S Ripple: How Fee Caps Reshaped Banking And Boosted Fintechs: Exploring The Unintended Consumer Impacts And Regulatory Gaps In The Wake Of The Durbin Amendment, Rebecca M. Reeve

Touro Law Review

This Article explores the implications of the Durbin Amendment on consumer protection, financial innovation, and market competition. Initially intended to cap interchange fees and foster cost savings for merchants and consumers, the Amendment’s effects have diverged from its legislative intent. Financial institutions offset lost revenue by increasing other consumer fees, unintentionally spurring a financial technology (fintech) boom as consumers sought low-cost alternatives. This Article examines the administrative rulemaking challenges the Federal Reserve faced in implementing the Amendment, the rise of fintech solutions as a response to shifting bank priorities, and the potential regulatory gaps affecting consumer protection in a rapidly …

One Step Forward, Two Steps Back: How The New York Appellate Division Slowed The Progress Of Judge Cardozo’S Effort In Macpherson V. Buick Motor Co. To End Privity’S Stranglehold Over Negligence Claims In Product Injury Cases, Jeffrey A. Van Detta

Touro Law Review

This article aims to tell the story of how the various Departments of the New York State Appellate Division sometimes helped—and just as often hindered—the development of the product injury law in the wake of MacPherson v. Buick Motor Co. (1916). Hailed for loosening the privity requirement that barred persons injured by products from suing manufacturers and suppliers for negligence, MacPherson has become the stuff of legal legend. No one put it more picturesquely than Dean William L. Prosser, who in a justly famous law review article described privity as a “citadel” and presented MacPherson’s author, Judge Benjamin Nathan Cardozo, …

High Stakes And Random Rewards: A Critical Look At Loot Boxes And Illegal Gambling, Brian T. Wersan

Touro Law Review

Since their inception in the mid-2000s, loot boxes have been legal and virtually unregulated in the United States. Ever-growing mountains of evidence demonstrate the harms of loot boxes, but their structure has not yet been found to be in violation of any current U.S. gambling law, leading to a complete lack of recovery for victims. Certainly, if people experience harm, a legal avenue providing justice must exist. While other avenues are referenced, this Note ultimately argues that loot boxes can be interpreted by courts to satisfy the elements of, and thus, violate multiple state gambling laws, revealing a path to …

Scrappy Or Strategic? Law Firm Decision-Making In Light Of Executive Orders, Nancy B. Rapoport

Emory Business Law Review

Some of President Donald J. Trump’s early 2025 Executive Orders targeted specific law firms.  These Executive Orders have created a stir within our legal community.  Why did some firms fight those Executive Orders and other firms agree to quick settlements with the Trump administration?  In this article, I use some rudimentary concepts taken from game theory (as in, “I won’t use numbers or mathematical proofs,” so I expect actual game theorists to roll their eyes at my analysis) to analyze two games:  the game of “who within the firm will decide whether to fight or settle” and the game of …

Pharmaceutical-Telehealth Confederacies, Michelle Onder, Michael S. Sinha

Emory Business Law Review

Access to prescription pharmaceuticals has historically been controlled by a physician’s pen. As a result, pharmaceutical companies spend billions of dollars on advertising and promotion to mitigate this barrier: first and primarily, to physicians and other prescribers, and more recently, to the general public through direct-to-consumer advertising. The success of these promotional efforts can be seen in the greater prescribing of costly brand-name medicines, even in settings where lower-priced, comparably efficacious generic alternatives exist. Brand-name prescriptions now make up only 10% of all prescriptions written yet account for 88% of drug spending. Despite these substantial returns on investment, companies continue …

Fallen Unicorns, Xuan-Thao Nguyen

Emory Business Law Review

Tech unicorns, from healthcare, teledentistry, space, ecommerce, trucking logistics, pre-owned cars, wearables, design, image search, to home-building sectors, receive effusive praises and secure enviable venture capital investments. Very soon after garnering notoriety, these unicorns die. This Article theorizes why unicorns suddenly collapse shortly after they have achieved the mythical status of being the rare tech startups with valuations of one billion dollars or more. With an in-depth case study of fallen unicorns, the Article identifies and examines the reasons for their tragic deaths, offering a critique of the fear of missing out (FOMO), overfunding, and irrational exuberance investors heaped on …

The Internet At War: An Empirical And Legal Analysis Of Harmful Narratives On Social Media During Armed Conflict, Bailey Ulbricht, Allen Weiner

Michigan Technology Law Review

This Article empirically investigates the connection between harmful narratives on social media and violent acts perpetrated against persons protected under international humanitarian law (IHL) during armed conflict, and then examines the legal implications of such a relationship. First, examining comprehensive datasets from two inter-state armed conflicts (Russia-Ukraine and Armenia-Azerbaijan) as case studies, this Article documents patterns in Telegram data indicating that more violent acts are preceded by increases in harmful narratives than decreases in such content. This suggests that harmful narratives on social media platforms may plausibly contribute to the incidence of real-world violence committed against protected persons during armed …

The New Legal Tender Debate: Surveying State-Level Attempts To Regulate Central Bank Digital Currencies, Jacob Gerszten

Michigan Technology Law Review

This Note explores the growing wave of state-level legislation aimed at regulating Central Bank Digital Currencies (CBDCs). CBDCs, digital forms of central bank-issued money, have sparked intense political debates between proponents who see them as the logical next development in monetary technology and critics who perceive them as threats to privacy and financial system stability. Although a widely available CBDC appears unlikely without Congressional authorization, sixteen states have enacted laws designed to preempt its development, with more statutes likely to follow. These state statutes employ various legal mechanisms, including redefining terms in the Uniform Commercial Code, prohibiting CBDC-related payments to …

Rules Of The Road: Toward National Regulation Of Autonomous Vehicles, Adam Raviv

Journal of Law and Mobility

After decades of promise, self-driving cars are now becoming a meaningful reality on our roads. Yet not a single federal law or regulation governs autonomous vehicle operation in the United States—despite widespread agreement among policymakers, advocates, and industry stakeholders that a national safety framework is necessary. This article provides the first comprehensive legal analysis of what a federal safety regulation for autonomous vehicles can and should look like. It describes the current landscape of autonomous technology. It analyzes both the existing federal legal regime for vehicle safety regulation as well as state, local, and international standards that apply to autonomous …

The Hard Law-Soft Law Nexus: Autonomous Vehicles As A Case Study, Gary Marchant, Chase Martins, Vrinda Gupta

Journal of Law and Mobility

The technology governance debate often focuses on the dichotomy of hard law versus soft law as competing models. Both hard law and soft law have their strengths and weaknesses. But framing soft law versus hard law as a dichotomous choice is often unrealistic—every technology will be governed by a mix of hard law and soft law. So, the more realistic questions are where hard law works best and where soft law succeeds, and how these two types of governance interact and integrate. After reviewing the strengths and weaknesses of hard law and soft law, this Article identifies six different hybrid …

Hardwiring Hercules?, Courtney M. Cox

Faculty Scholarship

It is time to reorient the debate over the right to a human decision. Within that debate, the strongest arguments in favor of human decisionmakers are Arguments from Explanation: AI technology is increasingly and necessarily opaque, and so machines should not replace human decisionmakers because machines cannot give the required explanations. Or so the humanist argument goes. Meanwhile, machinists argue that most humanist principles have been deflated by the Better Decision Argument, which reframes such principles as grounding not a right to a human decision, but merely to a “better” decision— whether by human or machine.

This Article turns that …

The Canonical-Legal Status Of Autocephaly And Autonomy In The Context Of Pan-Orthodox Dialogue, Ivan Yovchev

Occasional Papers on Religion in Eastern Europe

Historical procedures for granting autonomy and autocephaly are not strictly standardized in canonical law and often rely on local traditions, agreements, and specific historical-political circumstances. This leads to a diversity of practices – from unilateral tomoses (decrees) of autocephaly issued by the mother church to decisions supported by a broader pan-Orthodox consensus. At the pan-Orthodox level, the question of how new autocephalous and autonomous churches are proclaimed has been under discussion since the Pan-Orthodox preparatory commissions of the 20th–21st centuries. Preparatory documents envisage the need for a pan-Orthodox agreement, with autocephaly to be granted through a tomos signed by the …

A New Frontier For An International Right With No Frontiers: Freedom Of Expression & Generative Ai Outputs, Evelyn Aswad

Faculty Articles

As people debate whether the First Amendment protects generative AI outputs, we should also reflect on what the global freedom of expression standard has to say on the matter. This standard will affect discussions around national and regional regulatory approaches to generative AI throughout the world. In addition, global corporate responsibility standards call on companies to respect international human rights in their operations, which may also impact how businesses that provide generative AI services approach their activities.

I argue that the global free expression standard protects the rights of individuals to seek and receive information of any kind, including gen …

People's Upr Written Record, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

Irene Feagin Scott Collection, University Of Alabama School Of Law

Manuscript Collections

The Irene Feagin Scott Collection contains awards, letters, memorabilia, and photographs related to the life and legal career of attorney and United States Tax Court Judge, Irene Feagin Scott. The collection was generously donated by Tom Scott.

Albert John Farrah Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains materials that were used to compile "Albert John Farrah: Addresses, Papers, and Letters," a University of Alabama School of Law publication honoring Dean Farrah.

William Shelton Sparks Collection, University Of Alabama School Of Law

Manuscript Collections

The William Shelton Sparks Collection contains two ledgers which illustrate the business life of a justice of the peace in the small town of Kansas, Alabama.