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None But The Sheriffs Statute, University Of Alabama School Of Law Jan 2026

None But The Sheriffs Statute, University Of Alabama School Of Law

Manuscript Collections

None But the Sheriffs, full title "None But the SHERIFFS ought to name and return JURORS to serve in Inquests before Commissioners of Oyer and Terminer," is a statute that states that no one but sheriffs should name and bring people to serve as jurors on court cases. The author's intention is unclear, as it oscillates between stating the statute as fact, and insulting sheriffs and calling them untrustworthy.


Law Spouse Club Scrapbook Collection, University Of Alabama School Of Law Jan 2026

Law Spouse Club Scrapbook Collection, University Of Alabama School Of Law

Manuscript Collections

The Law Spouse Club Scrapbook Collection contains nine scrapbooks containing newspaper clippings, photographs, invitations, newsletters, and other materials from the School of Law Wives Club, which was renamed the Law Spouse Club in 1984. The scrapbooks span the period from 1957-1995.


Buying Blind: Corruption Risk And The Erosion Of Oversight In Federal Ai Procurement, Jessica Tillipman Jan 2026

Buying Blind: Corruption Risk And The Erosion Of Oversight In Federal Ai Procurement, Jessica Tillipman

GW Law Faculty Publications & Other Works

The United States is accelerating toward a corruption crisis of its own making. In its race to rapidly acquire artificial intelligence (AI), current policy risks undermining longstanding procurement integrity safeguards. This article examines how AI increases traditional corruption risks and introduces new vulnerabilities that current oversight mechanisms are ill-equipped to address.

Recent federal AI policies have accelerated adoption while simultaneously narrowing regulatory oversight, effectively leaving “regulation by contract” as the primary—and profoundly inadequate—mechanism for embedding safeguards. The consequence of these policies is that the government is “buying blind,” acquiring AI technologies without adequate transparency, audit rights, or testing requirements. These …


Ethnonationalism By Algorithm, Spencer A. Overton Jan 2026

Ethnonationalism By Algorithm, Spencer A. Overton

GW Law Faculty Publications & Other Works

In the United States, artificial intelligence (“AI”) policy has become a critical arena for ethnonationalism—an ideology that defines national belonging through shared ancestry, culture, and language. Amid rapid demographic change and cultural anxiety, the second Trump Administration has harnessed federal AI governance to advance its broader agenda of dismantling diversity—most notably through Executive Order 14,179, “Removing Barriers to American Leadership in Artificial Intelligence” and related legal directives. By eliminating safeguards against algorithmic bias and recasting equity as an ideological threat to innovation, the policies facilitate exclusion under the guise of neutrality. These moves are not merely deregulatory; they represent a …


The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia Jr., Bradford R. Clark Jan 2026

The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia Jr., Bradford R. Clark

GW Law Faculty Publications & Other Works

Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions. Among the substantive canons, the so-called “federalism canons” have been singled out for special scrutiny. The federalism canons are a family of canons that require courts to avoid interpreting an act of Congress to divest states of certain sovereign rights or powers—including …


Deploying The “Trade Bazooka”: How The Anti-Coercion Instrument Reshapes Eu Public Procurement, Amanda Lythgoe, Christopher R. Yukins Jan 2026

Deploying The “Trade Bazooka”: How The Anti-Coercion Instrument Reshapes Eu Public Procurement, Amanda Lythgoe, Christopher R. Yukins

GW Law Faculty Publications & Other Works

As trade disputes continue to batter the relationship between the U.S. and its partners in the European Union, a new countermeasure by the EU—the Anti-Coercion Instrument (ACI)—has emerged as a serious threat to trade flows, including in public procurement. Although formally framed as a trade-defense mechanism, the ACI is a legal instrument capable of addressing a broad range of economic coercion. Notably, although the ACI is presented as a means of deterrence and de-escalation, the ACI authorizes countermeasures that extend well beyond tariffs, and can severely restrict foreign firms’ access to EU public procurement markets. This article provides an historical …


Brief Of Amicus Curiae Professor Steven L. Schooner In Support Of Petitioners' Petition For Certiorari In King V. United States (U.S. Supreme Court), Aram A. Gavoor, Eric Frank, Giovanna Milano, Matt Novotny, Tegan Oliver, Kaci Waguespack, Steven L. Schooner Jan 2026

Brief Of Amicus Curiae Professor Steven L. Schooner In Support Of Petitioners' Petition For Certiorari In King V. United States (U.S. Supreme Court), Aram A. Gavoor, Eric Frank, Giovanna Milano, Matt Novotny, Tegan Oliver, Kaci Waguespack, Steven L. Schooner

GW Law Faculty Publications & Other Works

This is an amicus brief in support of a U.S. Supreme Court petition for certiorari in King v. United States (No. 25-856), in which GW Law School's GW Law’s Administrative Law, Issues, and Appeals Clinic represented government contracts expert, GW Law Professor Steven L. Schooner). Petitioners—retired UPS employees William King, Stephen Dardzinski, and the Estate of Anthony Gugliuzza (on behalf of a class of retirees and pension beneficiaries)—challenge the Federal Circuit’s novel “underlying assets” test (created in reviewing a matter initially decided in the U.S. Court of Federal Claims), which withholds per se Takings Clause protection for vested rights to …


Feature Comment: Twenty-Five Cent Ai: The Hidden Costs Of Promotional Ai Deals, Jessica Tillipman Jan 2026

Feature Comment: Twenty-Five Cent Ai: The Hidden Costs Of Promotional Ai Deals, Jessica Tillipman

GW Law Faculty Publications & Other Works

The General Services Administration’s OneGov initiative offers federal agencies access to leading AI platforms—including ChatGPT, Claude, Gemini, Grok, Copilot, and Perplexity—at promotional prices ranging from free to one dollar per agency. This Feature Comment examines how these nominal price points function as the procurement equivalent of loss-leader pricing: low enough to accelerate adoption while obscuring lifecycle costs, operational dependency, and diminished negotiating leverage at renewal. Drawing on the Federal Acquisition Regulation’s buying-in framework (FAR 3.501), switching-cost theory, and publicly available reseller pricing data, the Comment demonstrates that the gap between promotional and post-promotional pricing can be substantial—and that most renewal …


The Unacceptable Risks Of Uninsured Nonbank Stablecoins: Written Testimony Presented To The Uk House Of Lords' Financial Services Regulation Committee, Arthur E. Wilmarth Jr. Jan 2026

The Unacceptable Risks Of Uninsured Nonbank Stablecoins: Written Testimony Presented To The Uk House Of Lords' Financial Services Regulation Committee, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This written testimony was submitted to the Financial Services Regulation Committee of the United Kingdom House of Lords, in response to that Committee’s “Call for evidence” on the “Growth and proposed regulation of stablecoins in the UK,” https://committees.parliament.uk/call-for-evidence/3845/. This testimony provides an overview of the global stablecoin market and the current leading uses of stablecoins. The testimony also describes the unacceptable dangers that uninsured nonbank stablecoins pose to financial stability, economic welfare, consumer protection, monetary policy, regulatory compliance, and law enforcement. The testimony presents the following policy recommendations:

(1) Stablecoins should be regulated in the same way as bank deposits. …


Information Regulation As Antidiscrimination, Naomi Schoenbaum Jan 2026

Information Regulation As Antidiscrimination, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

Employment discrimination law is under sustained retrenchment, nowhere more so than in hiring, the gateway to work and the foundation of equal employment opportunity. A recent executive order declared the disparate impact theory—a key doctrine of hiring equality—unconstitutional and barred its use by the federal government. The Supreme Court’s curtailment of race-conscious admissions has cast serious doubt on the future of affirmative action in employment. Enforcement agencies have redirected their efforts, abandoning disparate impact suits, scrutinizing employers’ diversity initiatives, and soliciting claims by white men. These developments further weaken a regime that has long struggled to redress discrimination at the …


Brief For International Law Scholars As Amici Curiae In Support Of Respondents, Cisco Systems, Inc. V. Doe I, William S. Dodge Jan 2026

Brief For International Law Scholars As Amici Curiae In Support Of Respondents, Cisco Systems, Inc. V. Doe I, William S. Dodge

GW Law Faculty Publications & Other Works

This amicus brief was filed with the U.S. Supreme Court on behalf of international law scholars in Cisco Systems, Inc. v. Doe I. The brief addresses whether claims for aiding and abetting violations of international human rights may be brought under the Alien Tort Statute. Part I argues that, under Sosa v. Alvarez-Machain (2004), whether aiding and abetting claims are actionable is determined by customary international law rather than U.S. domestic law. Part II argues that customary international law’s prohibition against aiding and abetting human rights violations meets the Sosa standard. Drawing on instruments establishing the Nuremberg tribunals, the International …


Brief Of Amici Curiae Professors Steven L. Schooner And Gregory C. Sisk In Support Of Petitioners' Combined Petition For Panel Rehearing And Rehearing En Banc In Syneren Technologies Corp., Et Al, V. United States (U.S. Federal Circuit), April 6, 2026., Steven L. Schooner, Gregory C. Sisk, Travis L. Mullaney Jan 2026

Brief Of Amici Curiae Professors Steven L. Schooner And Gregory C. Sisk In Support Of Petitioners' Combined Petition For Panel Rehearing And Rehearing En Banc In Syneren Technologies Corp., Et Al, V. United States (U.S. Federal Circuit), April 6, 2026., Steven L. Schooner, Gregory C. Sisk, Travis L. Mullaney

GW Law Faculty Publications & Other Works

This is an amicus brief in support of a petition for rehearing (and rehearing en banc) in Syneren Technologies Corp., et al, v. United States (No. 2024-1424). Amici are law professors interested in ensuring that bedrock principles of administrative law, including Administrative Procedure Act (“APA”) standards, are applied to ensure that federal agencies act with integrity, accountability, and engage in fair and regular processes that do not subject contractors to arbitrary and capricious government action.

The brief advocates for U.S. Federal Circuit en banc rehearing on the issue of whether a federal agency can unilaterally, and without leave of the …


The Gsa’S Draft Ai Clause Is Governance By Sledgehammer, Jessica Tillipman Jan 2026

The Gsa’S Draft Ai Clause Is Governance By Sledgehammer, Jessica Tillipman

GW Law Faculty Publications & Other Works

The General Services Administration's proposed contract clause, GSAR 552.239-7001, attempts to embed AI governance into federal procurement through a single default instrument applied across GSA's commercial buying channels. The clause addresses real gaps in federal AI acquisition, including inadequate transparency, weak exit rights, insufficient testing authority, opaque supply chains, and unchecked vendor dependency. But it responds by aggregating buyer protections, operational control, sourcing mandates, and politically derived performance conditions into one overburdened clause. This essay examines what the draft gets right, where it overreaches, and why the federal government's rapid shift from an AI governance vacuum to a sweeping, politically …


Taking Stock Of Comparative Law Teaching In U.S. Legal Education, Francesca Bignami, Irene Calboli Jan 2026

Taking Stock Of Comparative Law Teaching In U.S. Legal Education, Francesca Bignami, Irene Calboli

GW Law Faculty Publications & Other Works

For over 25 years, U.S. law schools have sought to globalize their curricula, reflecting the increasing interconnectedness and international scope of legal practice. Although there have been efforts to take stock of the impact of globalization on law schools, the vast majority have focused on international law, not comparative law. This U.S. National Report, written for the International Academy of Comparative Law’s 2026 Congress, fills the knowledge gap. In summer and fall 2024, we conducted a survey that examined course offerings, requirements, and opportunities for JD students. The survey was supplemented by interviews and a literature review of law schools …


The Evolving Procurement Fraud Landscape: Emerging Risks For Government Contractors, Jessica Tillipman, Sarah Needham Jan 2026

The Evolving Procurement Fraud Landscape: Emerging Risks For Government Contractors, Jessica Tillipman, Sarah Needham

GW Law Faculty Publications & Other Works

This Briefing Paper examines the evolving procurement fraud enforcement landscape and identifies emerging risk areas that government contractors should monitor. While procurement fraud has long been an enforcement priority across administrations, the current Department of Justice has aggressively expanded its use of the False Claims Act (FCA) and related authorities, embedding fraud enforcement into the contractor compliance infrastructure through new task forces, mandatory contract clauses, Federal Acquisition Regulation deviations, and disclosure obligations aligned with current policy priorities including cybersecurity, anti-discrimination, and trade compliance.

The Paper begins by mapping the federal fraud enforcement taxonomy, distinguishing among criminal fraud provisions under Title …


Misinformation In Parental Alienation Discourse Can Mislead Courts And Endanger Children, Joan S. Meier Jan 2026

Misinformation In Parental Alienation Discourse Can Mislead Courts And Endanger Children, Joan S. Meier

GW Law Faculty Publications & Other Works

Common social science assertions by parental alienation proponents – in expert opinions, judicial trainings and scholarship – can persuade judges that parental alienation is both so real and so destructive that it requires the draconian remedies of removal of children from a loving, physically safe parent and/or forcing them into contact with a parent they fear. These assertions are typically stated as though they are research-based or well-established. Review of cited or other relevant research, however, shows that these assertions are misinformation, unsupported by and/or contrary to established research. This article explores two such claims: first, that children’s fear or …


Clickwrap Accountability, Alicia Solow-Niederman Jan 2026

Clickwrap Accountability, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

Picture a public-facing generative AI chatbot on a government website that can answer questions about benefits eligibility.  Systems like these expose a sociotechnical-legal divide: they route around the standard due process framework, because there has been no formal government determination, yet they induce reliance from users, above and beyond past rounds of automated legal guidance.  Moreover, if there is an error, current doctrine on government errors and equitable estoppel makes relief unlikely.

This Essay focuses on government deployment of public-facing generative AI chatbots and critically assesses the front-end power dynamics that determine who is filtered out of government programs before …


Selective Prosecution In The Age Of Trump: The Presumption Of Regularity Problem, Cynthia Lee Jan 2026

Selective Prosecution In The Age Of Trump: The Presumption Of Regularity Problem, Cynthia Lee

GW Law Faculty Publications & Other Works

After taking office for the second time in January 2025, President Donald J. Trump repeatedly and openly called for then-U.S. Attorney General Pam Bondi and the Department of Justice, which she led, to investigate and prosecute Trump’s perceived enemies. At the same time, several of Trump’s current and former cabinet members, who allegedly had committed similar or worse criminal acts, were not prosecuted, raising concerns that the Department of Justice is not administering justice fairly.

Even though the prosecutor’s charging discretion is broad, it is not supposed to be unfettered. One way that prosecutorial charging discretion can be checked is …


The Future Of Governance, Richard J. Pierce Jr Jan 2026

The Future Of Governance, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this contribution to a symposium, Professor Pierce describes the traditional ways in which we have governed the federal regulatory process and then describes the major changes in the legal and political environment that require us to create a new regulatory governance structure. He concludes that we need to take three steps: (1) change the primary election process in every state from a closed primary to either an open primary or a bipartisan primary; (2) defend the rulemaking process from the many attacks on it; and (3) be prepared to abandon the traditional structure of agency adjudications in favor of …


Law Library Blog (January 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2026

Law Library Blog (January 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Roman V. City Of Providence, 333 A.3d 74 (R.I. 2025)., Alexander I. Sanchez Jan 2026

Roman V. City Of Providence, 333 A.3d 74 (R.I. 2025)., Alexander I. Sanchez

Roger Williams University Law Review

No abstract provided.


Nothing To See Here. Yet. Ames V. Ohio Department Of Youth Services, Michael J. Yelnosky Jan 2026

Nothing To See Here. Yet. Ames V. Ohio Department Of Youth Services, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.


Pona V. State, 329 A.3d 485 (R.I. 2025)., Trina Capezza Jan 2026

Pona V. State, 329 A.3d 485 (R.I. 2025)., Trina Capezza

Roger Williams University Law Review

No abstract provided.


Sepulveda V. Buffum, 334 A.3d 98 (R.I. 2025)., Jack A. Burum Jan 2026

Sepulveda V. Buffum, 334 A.3d 98 (R.I. 2025)., Jack A. Burum

Roger Williams University Law Review

No abstract provided.


Thornton V. State, 332 A.3d 912 (R.I. 2025)., Matthew Alden Zeller Jan 2026

Thornton V. State, 332 A.3d 912 (R.I. 2025)., Matthew Alden Zeller

Roger Williams University Law Review

No abstract provided.


Receiverships V. Bankruptcy As A Secured Creditor, Benjamin Nicholas Jan 2026

Receiverships V. Bankruptcy As A Secured Creditor, Benjamin Nicholas

Bankruptcy Research Library

(Excerpt)

Since the COVID-19 pandemic of 2020, the Commercial Real Estate (CRE) Market, which is the fourth-largest asset market in the US, has faced high uncertainty.  Many workers were either unemployed or working from home, and many consumers were forced to shop online instead of visiting traditional brick-and-mortar storefronts. These market shifts significantly impacted Commercial Real Estate Companies (CRECs), as high vacancy rates were observed in corporate offices, and many retailers struggled to attract customers to their stores.

Although five years have passed since the pandemic, many CRECs are still struggling to recover from COVID-19’s lasting impact on the economy. …


Batting Around Section 363: Sports Franchise Sales, League Consent, And The Boundaries Of Bankruptcy, Katelyn Pantano Jan 2026

Batting Around Section 363: Sports Franchise Sales, League Consent, And The Boundaries Of Bankruptcy, Katelyn Pantano

Bankruptcy Research Library

(Excerpt)

The question presented is whether a bankruptcy court may authorize the sale of a professional sports franchise without league consent, and whether bankruptcy courts should permit such sales as a matter of policy.

The client, The New York Bets (“the Bets”), is a professional baseball franchise experiencing financial distress and is considering filing for Chapter 11 bankruptcy to facilitate a sale to a new owner. The MLB’s governing documents require league approval, a three-quarters vote of all club owners, for any ownership transfer. The client is now considering Chapter 11 bankruptcy to avoid this approval process and instead have …


Corporate Cybersecurity Governance: Director Liability Under Europe’S Nis2 Directive And The Emerging Fiduciary Duty Of Proactive Cybersecurity Oversight, Stacey B. Barrack Jan 2026

Corporate Cybersecurity Governance: Director Liability Under Europe’S Nis2 Directive And The Emerging Fiduciary Duty Of Proactive Cybersecurity Oversight, Stacey B. Barrack

American University Business Law Review

This Comment examines the implications of the European Union’s Network and Information Security 2 Directive (“NIS2”) on corporate cybersecurity governance, with a particular focus on the fiduciary duties of directors in multinational corporations operating in the United States. The NIS2 Directive, adopted in 2023 and currently being transposed into national law by EU member states, mandates that boards of directors must directly approve and oversee—and can be liable for—the cybersecurity risk management measures taken by their companies. 

This Comment delves into the intersection of NIS2 with Delaware corporate law and examines how NIS2 influences the fiduciary duty of oversight for …


The Future Of Monetary Federalism: Rethinking Supremacy In The Stablecoin Era, Richard H. Fair Jan 2026

The Future Of Monetary Federalism: Rethinking Supremacy In The Stablecoin Era, Richard H. Fair

American University Business Law Review

[INTRODUCTION] In the summer of 2023, the State of Wyoming enacted a law authorizing its state treasurer to issue a blockchain-based, state-backed digital stablecoin known as the Wyoming Stable Token (“WYST”). Two years later, Congress passed the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act, GENIUS, or the Act), moving to establish a comprehensive federal regulatory regime for stablecoins. These dueling initiatives have sparked more than regulatory confusion; they have set the stage for a structural clash between state financial innovation and federal monetary supremacy. At the heart of this confrontation lies a question that the Constitution …


Can Corporations Be Trusted? Voluntary Compliance And The Limits Of Non-Coercive Business Regulation, Yuval Feldman Jan 2026

Can Corporations Be Trusted? Voluntary Compliance And The Limits Of Non-Coercive Business Regulation, Yuval Feldman

American University Business Law Review

This Article extends the voluntary compliance framework developed in Can the Public Be Trusted? The Promise and Perils of Voluntary Compliance, to the corporate context. While recent scholarship has explored when states can rely on non-coercive regulatory approaches with individual citizens, comparatively little attention has been paid to whether these insights translate to business entities. This Article argues that corporations present both greater challenges and greater opportunities for voluntary compliance regimes. On one hand, the instrumental orientation of corporate decision-making, amplified by fiduciary duties and competitive pressures, may systematically undermine the intrinsic motivations that voluntary compliance frameworks depend upon. Drawing …