Digital Commons Network^™

Electronic Will Legislation: A Comparison Of The Uniform Act And Illinois, Jada Stephens

Northern Illinois University Law Review

The Illinois Wills and Remote Witnesses Act is a body of law that was created in response to evolving technology and the COVID-19 pandemic. It addresses how electronic wills and remote attestations should occur in Illinois. Picking up where the executive order allowing for remote attention in Illinois left off, the passing of this Act solidifies processes that allow for different modes of estate planning and attestation to occur. Pennsylvania will be examined as a state that exemplifies the consequences of a lack of electronic will legislation. Illinois is not the first and most likely will not be the last …

Pesticides, Pollinators, And Producers: The Epa’S New Herbicide And Insecticide Strategies And Illinois Farmers, Jonathan Jerkatis

Northern Illinois University Law Review

The Environmental Protection Agency (EPA) has introduced new herbicide and insecticide strategies to comply with the Endangered Species Act (ESA), a move that will have significant implications for Illinois farmers and endangered species. Illinois, a leading producer of corn and soybeans, relies heavily on pesticides. Unfortunately, these chemicals have been identified as a key driver of monarch and other endangered species population decline. This note examines how the EPA’s new strategies aim to balance species protection with agricultural viability, addressing concerns over financial burdens of compliance, the complexity of the strategies, and a lack of enforcement provisions. While Illinois farmers …

Recalibrating Risk Under Dobbs, Yvonne F. Lindgren, Michelle Oberman

Faculty Works

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 …

A Schönberg Approach To Devillier V. Texas: Synthesizing Text, Structure, And History Of The Takings Clause, Jordan Fortunati

University of the Pacific Law Review

No abstract provided.

A Fake Friend? Ai Companions Are Exactly That, Seow Hon Tan

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Tan Seow Hon discussed how AI companions, which promise emotionally intelligent companionship, have blurred the line between human and machine relationships by mimicking empathy, memory, and affection. She suggested that while such technologies may ease loneliness, they risk fostering narcissism, diminishing real human connection, and replacing authentic friendship with comforting illusions that erode the capacity for love and community.

Holistic Criminal Justice, Hadar Dancig-Rosenberg

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task. Holistic criminal justice is not a single method or intervention. It is a reorientation—a conceptual framework and …

Evicted Promises: Grants Pass Leaves Housing First Out In The Cold, Emily Cruz

University of the Pacific Law Review

No abstract provided.

Duty To Protect: Why California Should Promptly Adopt A Cybersecurity Cle Requirement, Michaela Thompson

University of the Pacific Law Review

No abstract provided.

Safe Or Not? A Constitutional Review Of California’S Safety Act, Avery Bernard

University of the Pacific Law Review

No abstract provided.

Beyond Mass Deportation, Nancy Plankey-Videla, Huyen Pham, Angela D. Morrison, Luz E. Herrera

Faculty Scholarship

Donald Trump’s threats to carry out the mass deportation of unauthorized immigrants helped propel him to a second term as President of the United States. For the estimated 11 million people in the U.S. without lawful status, those threats have increased fears of forced returns to their countries of origin. While American immigration law is heavily focused on the legal processes leading to deportation, little attention has been paid to the post-deportation experiences of individuals who must reintegrate into their home countries. This gap in understanding is especially alarming given the high stakes of reintegration. A successful transition can empower …

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

William & Mary Law Review

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

Attorneys And Ai: How Lawyers Use Artificial Intelligence And Analyze Its Impacts, Matthew I. Hall, Christian Turner, Eddie A. Gomez Schieber, Nathaniel Kite, Ari Schlesinger

Scholarly Works

AI systems are testing lawyers' professional ethics obligations of competence, confidentiality, and candor. In the legal profession, the widespread availability of AI systems presents opportunities, like improving the review of documents during the discovery stage of a lawsuit, and challenges, illustrated by the handful of high-profile incidents where lawyers submitted legal briefs in court citing and describing fictitious cases based on AI-generated output. We conducted interviews with 44 legal professionals in the U.S. to understand how attorneys are making sense of AI technology and the impacts these technologies are having on their profession, legal ethics, and legal institutions. We describe …

Dentistry And The Law: There Will Be No Ban On Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission (FTC) voted on September 5, 2025, to accept a federal court ruling that it had exceeded its authority in proposing a ban on covenants not to compete (CNTCs), ending two-and-a-half years of speculation. Consequently, the enforceability of CNTCs will primarily be determined by Michigan statutory and common law. Guidelines for drafting enforceable CNTCs include setting a reasonable term, typically two years or less for employees, though purchase agreements may allow up to five years. The restricted geographic territory must be limited to what is necessary to protect the practice’s current patient population, such as a 10-mile …

J Mich Dent Assoc November 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The November 2025 (Volume 107, No. 11) issue of the Journal is published in both hard copy and with a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in November.

The November issue focuses on membership along with a reprinted clinical article on the Oral Manifestations …

Opening Remarks, Gideon Taylor

Fordham Law Review

No abstract provided.

Remarks, Ellen Germain

Fordham Law Review

No abstract provided.

Remarks, The Honorable Michael Mukasey

Fordham Law Review

No abstract provided.

Cultural Property Protection As A National Security Enforcement Priority, Andrew C. Adams

Fordham Law Review

No abstract provided.

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Fordham Law Review

No abstract provided.

Seeing The Humanity In Each Object: Finding Justice Amid The Law, Gideon Taylor, Ruth J. Weinberger

Fordham Law Review

The restitution of Nazi-looted cultural and religious property remains an important aspect of providing a measure of justice for Holocaust victims and their heirs. The United States has played a leading role, from early postwar restitution efforts to shaping international principles, such as the Washington Conference Principles on Nazi-Confiscated Art (the “Washington Conference Principles”), the Terezin Declaration, and the recent Best Practices for the Washington Conference Principles. Yet restitution within the United States continues to rely largely on litigation, with varying outcomes and limited provenance research compared to some European countries. The following Essay examines America’s contributions and challenges and …

Oligarchy, State, And Cryptopia, Julie E. Cohen

Fordham Law Review

Theoretical accounts of power in networked digital environments typically do not give systematic attention to the phenomenon of oligarchy—to extreme concentrations of material wealth deployed to obtain and protect durable personal advantage. The biggest technology platform companies are dominated to a singular extent by a small group of very powerful and extremely wealthy men who have played uniquely influential roles in structuring technological development in particular ways that align with their personal beliefs and who now wield unprecedented informational, sociotechnical, and political power. Developing an account of oligarchy and, more specifically, of tech oligarchy within contemporary political economy therefore has …

It’S A Balancing Act: Analyzing The First Fair Use Factor, Taylor Gluckman

Fordham Law Review

Fair use has always been an important element of copyright law. The first fair use factor, “the purpose and character of the use,” has become especially important after the U.S. Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The “purpose and character” is typically analyzed by determining if a secondary work is “transformative,” but lower courts do not agree on what it means to be transformative. There is also disagreement on how to balance a secondary work’s transformative nature with its commercial nature when deciding whether the first factor favors fair use.

This …

Omahe Rak Usah Apik-Apik: Adequate Housing Problems Of The Urban Poor Along Railway Tracks, Syahwal -

The Indonesian Journal of Socio-Legal Studies

As urban development accelerates, urbanization has simultaneously grown as an inseparable phenomenon. However, beneath this transformation lies a crisis within the capitalist system known as overaccumulation, which has led to the marginalization of urban poor groups. This phenomenon results in the creation of slums, one of which is found in the periphery of railway tracks, where the urban poor reside. Semarang the capital of Central Java Province, Indonesia, is an apt example of such developments,. This study takes as starting point that the right to adequate housing is an integral part of human rights and addresses the issue of why …

Reading American Anarchy As A Legal History Of Immigrants: Forum On Willrich's American Anarchy Forum: Willrich's American Anarchy, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Michael Willrich’s American Anarchy is at once an extraordinary history of ideas about anarchism and the rule of law, a history of lawyering, and a history of the simultaneous emergence of a capacious administrative state alongside a robust set of judicially protected civil liberties. While Willrich tells a rich and intricate story of illiberal border administration, American Anarchy also shows radical immigrants at work over decades in New York, with the border and its oppressive administrative apparatus little more than a dim memory. This essay explores how the book is more than a history of the border—it’s a history of …

Judicial Review Of Prosecutorial Discretion: Missed Opportunities, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Director of Public Prosecutions v Durham (also called Bouye), decd and others [2024] UKPC 21; [2024] 1 W.L.R. 3900 involved an application for judicial review of a decision to prosecute. The Privy Council rightly refused that application on the ground that the evidence did not disclose a ground for judicial review, and the criminal trial would be the more appropriate forum to investigate any further evidence. Unfortunately, the Privy Council missed several opportunities to address various lingering problems with the law on judicial review of prosecutorial decisions.

From Great “Liberator” To “Landlord Seeking Rent”: The Implications Of U.S. Reciprocal Tariffs Policy In Asia And Beyond, Henry S. Gao

Research Collection Yong Pung How School Of Law

The post-war international economic order was, to a large extent, underwritten by U.S. leadership. Nowhere was this more visible than in Asia, where the United States not only financed post-colonial development but also provided open access to its huge market, laying the foundation for export-led growth across the region. It underpinned regional stability through a blend of military, diplomatic, and economic engagement, including costly interventions in the Korean and Vietnam wars. That legacy, however, was fundamentally disrupted on April 2, 2025, when the Trump administration unveiled sweeping tariffs targeting key Asian economies. As Singapore’s defense minister wryly observed, the United …

Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Assoc. Prof. (Dr.) Tan Seow Hon delivered the keynote address at Cultivate SG’s second annual conference, “Unfiltered – The Family on Trial”, on 17 November 2025. In her speech titled “Singapore Awakened: How Success – and the Alternative of Flourishing – Shape Family”, Dr Tan reflects on the “Singapore Dream”, the narrow mindset of success in contrast with the concept of flourishing, and how these impact marriage and family. She concludes by offering some thoughts on how to move from success to flourishing.

Constructing An Effective Whistleblower Statute: Virginia Is Nearly There, Emma D. Guirlinger

William & Mary Law Review

Whistleblowers are pivotal in ensuring transparency and accountability in numerous public and private industries. They ensure that existing laws are enforced and hold employers accountable when they seek to evade them. Recognizing the significant value provided by whistleblowers, and that private actors within organizations are often in a better position than government enforcement officials to uncover wrongdoing, Virginia has enacted several whistleblower protection statutes, including the Virginia Whistleblower Protection Law (VWPL), which advocates lauded for “provid[ing] broad protections against retaliation and fundamentally alter[ing] the landscape for” Virginia whistleblowers.

While the VWPL seems promising, two provisions of the law, its statute …

Textualism Wins?: The Supreme Court’S 2024 Labor & Employment Law Cases, Nicole B. Porter

Faculty Publications

The Supreme Court decided five primary labor and employment law cases in 2024—two discrimination cases, two arbitration cases, and one labor law case. This article also discusses a sixth case, Loper Bright Enterprises v. Raimondo, because it will undoubtedly affect labor and employment law despite the facts and underlying issue having nothing to do with the workplace.

I was initially underwhelmed with this year’s cases. None of them addresses any major substantive labor and employment law issue. However, upon further consideration, the cases are noteworthy for three reasons. First, three of them are pro-plaintiff with outcomes that benefit workers— …

Presuming Justice For Temp Workers, Andrew Elmore, Kati L. Griffith, Sachin S. Pandya

William & Mary Law Review

Workers need to know who their employers are. Who is responsible for remedying workplace dangers? Who can they sue for restitution when they are discriminated against at work, or do not get paid for all of the hours they work? Temp agency contracts complicate these seemingly simple questions. In workers’ rights cases involving “temps,” courts and administrative agencies often engage in protracted, resource-intensive joint employer inquiries to decide whether the temp agency clients share in employer obligations and liabilities with the agencies. This is the case even when the temp agency client has the key markers of an “employer,” such …