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Report On The 2025-26 Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn, June T. Tai, Sarah Boonin

Other Publications

This report summarizes the results of the Center for the Study of Applied Legal Education’s (CSALE) 2025-26 Survey of Applied Legal Education. The 2025-26 CSALE Survey is CSALE’s seventh triennial survey of law clinic and field placement (i.e., externship) courses and educators. The results provide insight into the state of experiential legal education in areas like program design, capacity, administration, funding, and pedagogy, and the role of clinic and field placement educators in the legal academy. Law schools, legal educators, scholars, and oversight agencies rely on CSALE’s data. The 2025-26 CSALE Survey is composed of two parts. A Survey of …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 44 (2026)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin J. Milczarek-Desai, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question andfinds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product's patent status conveys little information about whether it is superior to competing offerings. The results hold …

Foreword, Veronica Degennaro

Emory International Law Review

No abstract provided.

Being Accountable To Our Grandchildren: Generational Accountability And The Eccc”, Alexandra A.K. Meise

Emory International Law Review

No abstract provided.

Private Military And Security Contractors And The Challenge Of Accountability Under International Humanitarian Law: Remarks From Laura A. Dickinson, Laura A. Dickinson

Emory International Law Review

No abstract provided.

Remarks From Brian Frenkel, Brian Frenkel

Emory International Law Review

No abstract provided.

Two Heads Are Better Than One: Integrating International Law And Global Public Health Approaches To Firearm Violence To Promote Public Safety And Human Rights, Arturo J. Carrillo, Jonathan Lowy

Emory International Law Review

No abstract provided.

Foreign Official Immunity And The Future Of International Criminal Law, Derek Jinks

Emory International Law Review

No abstract provided.

The Impact Of Digital Surveillance On Workers In Conflict Zones: A Case Study Of Kashmir, Sana Paul

Emory International Law Review

No abstract provided.

From Crime To Constitutional Crisis: The Legality Of El Salvador’S State Of Exception, Alex Jacobs

Emory International Law Review

No abstract provided.

2026 Supplement To The Corporations Curriculum - Caremark: The Board's Duty Of Oversight Regarding Work Force Safety And Sexual Misconduct, Sarah Haan

Faculty Scholarship

No abstract provided.

The Asexual Assumption, Faith K. Whatley-Blaine, Michael S. Sinha

All Faculty Scholarship

Inclusion-focused dating shows such as ‘Love on the Spectrum’ feature individuals with developmental or neurological disabilities on a quest for love. Despite the focus on disability representation, these shows perpetuate stigma against the disabled community by fostering an infantilizing portrayal of individuals with disabilities. This portrayal undermines the premise of encouraging meaningful romantic relationships and reinforces the stigmatizing association of asexuality with disability. This framing aligns with the broader societal narrative that individuals with disabilities are incapable of or lack interest in participating in romantic relationships or physical intimacy.

The stigma that associates asexuality with disability extends beyond mere entertainment, …

Moréteau On Law, Language & Heritage, Agustin Parise, Mariano Vitetta, Michel Séjean

All Scholarship

No abstract provided.

Monopolizing The Harvest: Corporate Influence And Regulatory Gaps In Global Seed Governance, Mia Mahmudur Rahim

Vanderbilt Journal of Transnational Law

No abstract provided.

Voyage Of Injustice: The Socioeconomic Exploitation In The Cruise Industry, Tarissa L. Peterson

Vanderbilt Journal of Transnational Law

No abstract provided.

Age, Law, And Political Economy, Alexander Boni-Saenz

Articles

This Article examines the intersection of age, class, and the law. Its central claim is that age is an essential dimension for the analysis of law and political economy. There are two primary reasons why. First, age is embedded in a large body of legal rules that structure the labor market and address vulnerabilities associated with particular life stages. Child labor laws set minimum ages for entry into the workforce, while social welfare laws use age eligibility criteria to shape the material conditions for older adults. Second, age and its sibling concept, generation, indirectly shape economic and political relations by …

Reframing The Sec’S Disqualification Waiver Decision-Making Process To Protect The Public Interest, Kayla A. Winters

Emory Law Journal

Federal securities law aims to protect investors and the public from fraudulent securities transactions. If an actor violates these laws, the public bears the costs through investor losses, market volatility, reduced economic activity and growth, and general distrust in the market. Entities that face securities enforcement for violations bear sanctions like civil monetary penalties and disgorgement of ill-gotten gains. They also experience collateral consequences, such as disqualifications, that are automatically triggered by the imposition of sanctions or criminal conduct. The purpose of disqualifications is to enable the Securities and Exchange Commission (SEC) to safeguard investors and capital markets from issuers …

A Compulsory License Is Not Enough: How Implementing A Statutory Limit Can Reduce Costs And Increase Creativity In Music, Muntasir Ali

Emory Law Journal

Music sampling has been a staple in the hip-hop and electronic genres for decades, yet artists continue to struggle with legal and economic barriers to sampling others’ works without facing copyright infringement liability. Because copyright law recognizes two distinct types of copyrightable works for music—musical compositions and sound recordings—artists must clear both copyrights to have a legal sample. The existing sample licensing regime is prohibitively expensive, time-consuming, and convoluted, often creating a “holdout” problem where just one party can prevent the release of new, creative music. This has led to “cultural erasure” in the digital streaming era, where seminal works …

Esg Is Not Libertarian: A Response To Jonathan Macey, Allen Mendenhall, Daniel Sutter

Emory Business Law Review

Investing, like any market activity, is voluntary. Investors may invest however they wish, whether to maximize returns, minimize risk, or support what they view as good causes. Is the current Environmental, Social and Governance (ESG) movement a libertarian embrace of socially responsible investing, as Jonathan Macey has argued? We answer with a definite no for several reasons. Government policies impel much ESG investment, most prominently through clean energy transition and financial regulations. Most ESG investment dollars stem not from investor decisions but from potential opportunism by managers of public pensions and sovereign wealth funds. Much investor activism for ESG results …

Oppression On The Blockchain, Erwin J. Kwok, Moin A. Yahya

Emory Business Law Review

When Ethereum (ETH) shifted from a Proof of Work (PoW) protocol to a Proof of Stake (PoS) protocol, not all users were enthused. We use Ethereum’s shift from PoW to PoS as a case study for the broader question of whether developers of a blockchain owe its members certain fiduciary or fiduciary-like duties. We argue that if done properly, in accordance to the rules governing the blockchain, then developers do not necessarily owe fiduciary responsibility to other members of the chain, but they nonetheless may owe fiduciary-like responsibilities to users inadvertently and negatively impacted. We argue these users may be …

Justice On Trial: Integrating Ethics In Law School Advocacy Courses, Veronica J. Finkelstein

Emory Business Law Review

The rule of law depends not only on legal doctrine and institutional design, but on the daily ethical choices of the lawyers who operate within the adversarial system. Trial lawyers, in particular, wield extraordinary power courtroom outcomes, yet law schools too often train future advocates to perform persuasive techniques without meaningful engagement with the ethical obligations that constrain those techniques and the lawyers who wield them. This article argues that the persistent separation between trial advocacy education and legal ethics instruction leaves law students ill-prepared for the moral complexities of litigation and threatens public confidence in the justice system.

Tracing …

Summoning Firms: Promoting Democratic Stability And Economic Prosperity In Times Of Constitutional Crisis, Jon D. Michaels

Emory Business Law Review

No abstract provided.

Illiberal Democracy, Merger Regulation, And Corporate Culture, Brian Jm Quinn

Emory Business Law Review

This Essay examines how the second Trump Administration has weaponized merger regulation and regulatory approval processes as tools of corporate capture in service of democratic backsliding toward an illiberal regime. Drawing on theoretical frameworks of competitive authoritarianism and illiberal democracy, this paper demonstrates how discretionary regulatory authority combined with weakened enforcement mechanisms creates opportunities for grand corruption that systematically undermines liberal democratic institutions.

This Essay accomplishes three primary objectives. First, it establishes the essential characteristics of illiberal regimes which maintain the facade of democratic institutions while systematically skewing the political playing field through selective enforcement and regulatory capture. Second, it …

No 'Dexit': Delaware's New Statutory Corporate Law Loosens The Restrictions On Controlling Shareholder Transactions In Response To Corporate Outlash Following Tornetta V. Musk, Reid A. Manabat

Emory Business Law Review

The recent Tornetta v. Musk decisions caused upheaval in the Delaware corporate community. Throughout 2024, shareholder executives have left or threatened to leave Delaware to incorporate elsewhere in a move termed “DExit.” The threat did not go unnoticed by Delawareans and lawmakers who contemplated a two-billion-dollar loss to the state’s tax revenue. Despite the courts’ willingness to require heightened scrutiny for conflicted-controller transactions, in recent years lawmakers have lowered the bar. I argue that Delaware’s new statutory corporate law does not adequately protect minority shareholders from conflicted controllers. First, the new statutory cleansing mechanisms ignore the unique dangers of conflicted-controller …

Leading From Where You Are: How Projects Build Leadership Skills In Law Libraries, Susan Azyndar, Yan Yu

Journal Articles

Practical ways to develop leadership skills through collaborative projects–no title required.

Acceptance Remarks For The 2026 Distinguished Service Award For Lifetime Achievement: Reflections On Journey, Learning And Paying It Forward, Jack Butler

Emory Bankruptcy Developments Journal

No abstract provided.

Rethinking Priority Rules In Insolvency, Anthony J. Casey, Aurelio Gurrea-Martinez

Emory Bankruptcy Developments Journal

No abstract provided.

U.S. Administrative Law: A Casebook (6th Ed.), Jud Mathews

Faculty Scholarship

The number of administrative law texts is vast. The approach of this one, now in its fifth edition, is simple. It is: (1) to focus on the richest and most canonical cases; (2) to provide more extensive extracts of them than most casebooks; and (3) to keep the notes to a bare minimum. Updated through October 2025, the book contains a number of significant decisions from recent Supreme Court terms, as well as foundational classics that many contemporary casebooks cut, and much in between.

De-Skilling Or Re-Skilling? The Case For Smarter Writing Assignments, John Lande

Faculty Publications

This article challenges the assumption that AI inevitably leads to the de-skilling of law students.  Some faculty understandably fear that students will use AI to bypass critical thinking and avoid meaningful effort.  This article reframes AI as a potential catalyst for improving legal education rather than inherently a threat.

Concerns about de-skilling generally are based on the assumption that faculty will not change traditional writing assignments.  This article analyzes why these assignments often fail to help students develop strong analytical and writing skills. These include limited instruction in basic writing skills, poor design, lack of feedback, and faculty inertia in …