Digital Commons Network^™

Recalibrating Risk Under Dobbs, Yvonne Lindgren, Michelle Oberman

Fordham Law Review

In response to mounting evidence of the devastating harms patients have experienced under abortion bans, abortion opponents and the Supreme Court of Texas have argued that the bans are clear but that doctors are willfully refusing to provide care. Instead of reforming the bans, they argue that doctors should be sued in medical malpractice for their failure to meet the standard of care. This Article interrogates that claim, investigating whether the crisis in reproductive healthcare that has resulted from delayed and denied care can be remedied by suing doctors. Specifically, can medical malpractice litigation provide guardrails against the erosion in …

Systemic Exploitation Of Farmworkers: The Depreciation Of H-2a Farmworkers' Wages And The Effect On Similarly Situated Domestic Jobs, Brady Clark

William & Mary Business Law Review

Immigration has played a key role in helping the U.S. economy grow and provide labor to a variety of industries. One of the key pieces of this growth has been the H-2A visa program, which allows farm workers from other countries to come to the United States to help farmers plant, grow, and harvest. Yet, the H-2A program is riddled with problems that give complete power to the farm owner and strip the farm worker of any ability to stop a farm owner’s abuse. Because of this power, farm owners can take advantage of their H-2A workers, paying them lower …

Toward Digital Corporate Law: Revisiting Corporate Law's Responses To Technology, Chen Wang, Ke Xu

William & Mary Business Law Review

This Article examines the dynamic relationship between emerging technologies and corporate law, raising fundamental questions about whether these technological advancements require reshaping traditional legal doctrines. It investigates key aspects of corporate law—including corporate formation, governance, and finance—through a comparative analysis of Chinese and U.S. legal frameworks. This Article critically assesses the ability of contemporary corporate law to respond effectively to technological challenges posed by artificial intelligence (AI), particularly in relation to evolving fiduciary duties of corporate agents and shifts in the balance of power between shareholders and management. Furthermore, this Article proposes innovative strategies for future corporate law development, advocating …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Take It Down Or Take It Too Far? The Legal Fallout Of New Online Takedown Powers, Taylor Greeno

North Carolina Journal of Law & Technology

No abstract provided.

Code As Counselor: How Robo-Will Platforms Are Productizing Estate Planning Services, John Speirs

North Carolina Journal of Law & Technology

No abstract provided.

Piggy Banks To Paychecks: Ensuring Child Content Creators' Protection Against Financial Exploitation By Parents And Guardians, Spencer S. Vora

North Carolina Journal of Law & Technology

No abstract provided.

Sovereign Power Constitutionalism, Curtis A. Bradley

University of Chicago Law Review

The text of the U.S. Constitution seems to be missing a host of governmental powers that we take for granted, including powers relating to immigration, Indian affairs, acquisition of territory and resources, and the regulation and protection of U.S. citizens abroad. The Supreme Court suggested an explanation for these and other missing powers in its famous 1936 decision, United States v. Curtiss-Wright Export Corp. Upon becoming a nation, the Court contended, the United States automatically acquired powers “equal to the right and power of the other members of the international family”—powers that inhered in the government “as necessary concomitants of …

The Contractualization Of Disability Rights Law, Yaron Covo

University of Chicago Law Review

What body of law determines the content and scope of disability rights in the United States? The conventional wisdom is that the rights of disabled individuals are enshrined in and shaped by an array of civil rights statutes. While this answer is correct, it is incomplete. As this Article shows, U.S. disability rights are also built upon contract law concepts and doctrines. For example, in interpreting disability rights statutes, courts have turned to the parol evidence rule, the duty of good faith, and the doctrines of impossibility, materiality, duress, and mistake. Although not explicitly enumerated in disability rights statutes, these …

Legal Realignment, Richard Re

University of Chicago Law Review

The United States is undergoing a legal realignment, in that salient legal views recently associated with the right are now being espoused by the left, and vice versa. The clearest example involves Chevron deference: a doctrine once championed by conservatives like Justice Antonin Scalia has now been overruled in Loper Bright v. Raimondo—over dissenting votes by all three of the Court’s liberals. Similar points can be made about standing, stare decisis, textualism, positivism, and more. The basic reason for this transformation is straightforward: legal ideologies in power favor discretion, whereas those out of power favor constraint. Conservatives now firmly control …

Complete Preemption Via Historical Evolution, Ryan Jain-Liu

University of Chicago Law Review

Complete preemption is a jurisdictional doctrine that applies when a federal statute so wholly envelops certain state law claims that those claims effectively cease to exist. Aside from an explicit complete preemption hook, the Supreme Court has recognized just one way for a federal statute to completely preempt state law claims: it must provide an exclusive federal remedy and also have a special nature that makes it especially federal. Courts shirk this second prong to their own detriment. One example of complete preemption generating confusion is § 303(i) of the Bankruptcy Code, which provides remedies for involuntary debtors against bad …

The Progression Of Deinstitutionalization And Its Effects On The American South: A Judicial Analysis Of 20th-Century United States Supreme Court Decisions, Eva-Marie V. Jones

Honors College Theses

This thesis explores the effects of four landmark Supreme Court cases on the deinstitutionalization movement in the American south. Previous literature frequently discusses the legislative implications of this era; however, no law is applicable without the interpretation and application of the judiciary, which so often contextualizes the greater public perspective. Rarely has an analysis of judicial decisions involving psychiatric care merged with regional focus, and certainly not in a format accessible to the average individual.

From unmarked graves to abandoned infrastructure, the legacy of historic psychiatric care in the United States has been largely obscured – yet its consequences continue …

Candid Traffic Cameras: Why Illinois’S Automated License Plate Reader System Should Be Restricted, Michael Lathwell

Northern Illinois University Law Review

This article examines the constitutionality of automated license plate reader (ALPR) cameras. ALPR cameras are permanently affixed on the highway and record the license plate number of every passing vehicle. The system is used by police to locate stolen vehicles, track fleeing suspects, and for other crime prevention purposes. In 2019, the Tamara Clayton Expressway Camera Act was passed by the Illinois General Assembly, which allowed for the installation of these cameras in Illinois. But the constitutionality of these cameras has been challenged as a Fourth Amendment violation, because although the camera network has many valid purposes, it also poses …

Above The Law? Exploring Satellite Surveillance Under The Illinois Bill Of Rights, Maxwell A. Ruttenberg

Northern Illinois University Law Review

Since the Soviet Union’s launch of the Sputnik 1 satellite in 1957, our atmosphere has seen a boom in the number of satellites in orbit. Today, it is estimated that there are between five and ten thousand satellites in orbit, most of them owned by private corporations. Our skies will continue to be filled in the coming years as current players increase their satellite fleets, new players arise in the aerospace industry, and nations continue their focus on the uses of space exploration and technology. With the increase of satellites above, communities must now be on alert to an invasion …

Vol. 46, No. 1, Fall 2025: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 46, Issue 1 of the Northern Illinois Law Review

Ames, The Seventh Amendment, And The Honest Belief Trap Tautologizing Title Vii, Amos N. Jones

SMU Law Review Forum

A widely covered Sixth Circuit decision on July 29, 2025, against a tenured African American female law professor at the University of Michigan has dramatically materialized in the face of the unanimous decision of the Supreme Court of the United States only weeks earlier in Ames v. Ohio Department of Youth Services, decided on June 5, 2025. The Court had just eliminated another basis for employment-discrimination case dismissals, centering its original-textualist interpretative mode under Title VII of the Civil Rights Act of 1964 and buttressing plaintiffs’ Seventh Amendment rights to trial by jury. Meanwhile, the Michigan panel in Beny …

Competition, Comity, And Confusion: Reconciling The Ftaia’S Import Exclusion With Its Direct Effects Provision, Elliot Lam

Fordham Law Review

The debate surrounding the Sherman Act’s extraterritorial scope represents a tension between two competing objectives: protecting the U.S. economy from foreign anticompetitive conduct on one hand and respecting the sovereign authority of other nation-states on the other. Applying U.S. law abroad risks undermining sovereign authority by regulating foreign economies, though such regulation appears necessary in some cases to protect U.S. consumers.

Congress’s attempt to square these objectives through enacting the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) failed to settle the matter. The statute left courts with two new questions: how to distinguish “import” from “nonimport” commerce, and how …

Remarks, Amassador Abubakar Jidda

Fordham Law Review

No abstract provided.

The Hcpo Way: Resolving Claims Through Cooperation, Anna Rubin

Fordham Law Review

The Nazi regime systematically stripped Jews and other persecuted groups of property through a framework of laws that gave their spoliation a veneer of legality. Postwar restitution programs, though groundbreaking in their efforts to provide individual victims with either compensation or the return of their property, were hampered by strict legal limitations, inconsistent procedures, and the slow pace of resolution. Contemporary restitution efforts increasingly recognize that legal avenues alone cannot fully redress these injustices. This Essay examines the work of the Holocaust Claims Processing Office (HCPO) of the New York State Department of Financial Services, which has developed a model …

Defining “Cases” Or “Controversies”: A Fundamental Confusion In Article Iii Standing Doctrine And Its Consequences In Multi-Plaintiff Litigation, Dominic Signa

Fordham Law Review

The United States Supreme Court has addressed the absolute core requirements of standing under Article III of the U.S. Constitution on several occasions. However, the Court has not clearly articulated what purpose standing serves relative to Article III’s limitations on the exercise of judicial power to only “cases” or “controversies,” and this has led to major downstream effects in the realm of multi plaintiff litigation. Specifically, the Court has not explained whether standing is meant to ensure (1) that all potential plaintiffs demonstrate that they are properly parties to the same case or controversy before a federal court or (2) …

Critical Approaches To Jurisdiction: The Struggle For Control Of Indigenous Lands And Resources, Dayna Scott

Articles & Book Chapters

This chapter questions the starting assumptions in thinking through questions of “jurisdiction” in public law, specifically in relation to assertions of inherent Indigenous territorial governing authority. It reviews the common conceptual images of jurisdiction we employ in law schools and offers resources from critical interdisciplinary theory for new conceptions. In highlighting examples of the present exercise of Indigenous territorial jurisdiction, such as the Kunst'aa guu— Kunst'aayah Reconciliation Protocol and the Tsleil-Waututh Sacred Trust Assessment of the Trans Mountain Expansion (TMX) project, the chapter urges public law scholars to adopt an orientation of prefiguration in order to bring into being conceptualizations …

Chimeric Contacts And Consent: The Ill-Reasoned Expansion Of Corporate Jurisdictional Exposure, James P. George

William & Mary Business Law Review

Two recent Supreme Court decisions have imposed aspects of general jurisdiction in a way that exposes corporations and possibly other legal actors to litigation in spuriously connected forums. One case—Ford Motor Company v. Montana—reached a fair result but with strained reasoning that will support unfair results. The second case—Mallory v. Norfolk Southern Railroad Company—was wrong on the facts and the law, imposing general jurisdiction based on a vaguely worded corporate registration statute validated by a more than century-old precedent based on Pennoyer v. Neff’s limited territorial model.

Both decisions were the result of conceptual corners …

Embattled Sec Climate-Related Disclosure Regulation, Thomas M. Madden

William & Mary Business Law Review

This Article informs the reader as to the current state of the U.S. Securities and Exchange Commission’s (SEC or Commission) Release No. 33-11275, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules), approved and then stayed by the Commission in March of 2024 and now being challenged in the Eighth Circuit Court of Appeals. It argues that the Final Rules are sound and should be upheld for seven articulated reasons, taking into account the arguments made by petitioners and amici curiae in the Eighth Circuit. Moreover, the Article argues that even with Chevron overturned, the Final Rules …

Say Neigh To Handshake Deals: An Economic And Ethical Argument For Written Warranties In The Sales Of Thoroughbred Racehorses, Kate Coulter

William & Mary Business Law Review

Horse racing is one of the largest, most lucrative industries in the United States, but state laws regulating the exchange of billions of dollars through the sales of Thoroughbred racehorses remain inconsistent. Moreover, ethical issues such as poor breeding practices tarnish the reputation of the sport, detracting viewers and consequently endangering the future livelihood of the racing industry. Litigation over birth defects in Thoroughbreds is common, prone to appeal, and expensive. But, this litigation could be mitigated through the use of written warranties in the sale of these highly valuable horses, pursuant to and supplementing the statute of frauds and …

Sustainability And Climate-Related Regulations And Due Diligence, Adolf Peter

Asian Management Insights

Why does it matter?

Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili

SAIPAR Case Review

Transformative constitutionalism requires Courts to adjudicate in a manner that advances substantive justice, protects rights, and ensures that all exercises of public power are justified in constitutional terms. In Brenda Mpashi, the Constitutional Court adopted a formalistic interpretive approach that prioritised administrative finality over constitutional accountability. By accepting Regulation 10A as an effective ouster clause, the Court insulated presidential action from judicial scrutiny and weakened the culture of justification, which is a fundamental principle in a constitutional democracy.

A more transformative approach would have scrutinised the constitutionality of the ouster clause, assessed its compatibility with Article 18(9) and the principle …

Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge

SAIPAR Case Review

The abstract below was generated using artificial intelligence. It has not been endorsed by the author.

This article analyzes Yellow Card (T) Ltd v. Nyamwero Michael Nyamwero (HC Commercial Case No. 12171 of 2024), a landmark Tanzanian case addressing the legal status of cryptocurrency transactions in a jurisdiction lacking a formal regulatory framework. The dispute arose from the alleged misappropriation of funds by a former company director and his subsequent breach of a settlement agreement requiring repayment. The court held in favor of the plaintiff, concluding that although cryptocurrency activities remain unregulated in Tanzania, they are not inherently illegal. Accordingly, …

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Hey, Bruh . . . I Mean, Your Honor—The Evolution (Or Devolution) Of Legal Communications In Modern Times, Michael J. Fleck

Northern Illinois University Law Review

The ability to effectively communicate, whether such communication is oral or written, is a primary tool in any lawyer’s toolbox. How we communicate is a reflection on our level of professionalism, both as individual attorneys, and as the legal body at large. It is how we convey ideas with our client, with our colleague, and with the court. It is how we persuade through legal reasoning. There is no doubt that the style of communication has evolved over time. One need only to read legal opinions from a century ago to see what was acceptable as proper communication. The standard …

Revealing Hidden And Concealed Vehicle Compartments. A Survey Of States’ Efforts At Addressing Prohibition Era Tactics, Douglas A. Kash, Diya Rattan

Northern Illinois University Law Review

The transportation of contraband such as controlled substances, illegal firearms, stolen items, and proceeds from criminal activities can take many forms and are subject to the ever-evolving creative efforts by traffickers and criminal organizations to avoid detection by law enforcement. However, one of the simplest and most straightforward mechanisms of transport is in hidden or “trap” compartments in motor vehicles. However, given the legitimate use of discreet compartments (sometimes referred to as “automotive safes” or “traps”) in motor vehicles to secure personal items, important paperwork, and even licensed firearms, a question arises as to whether hidden and false compartments in …