Digital Commons Network^™

Statutory Copy-Pasting In The Law Of Sovereign Immunity, Chimène I. Keitner

William & Mary Law Review

Congress sometimes copy-pastes language from one statute into another statute. While this can serve the goals of consistency and efficiency, copy-pasting can cause problems when done across disparate legal regimes, such as different sovereign immunity doctrines. When Congress enacted the Foreign Sovereign Immunities Act (FSIA) of 1976, it borrowed language from the Federal Tort Claims Act (FTCA) of 1946 that exempts the exercise of “discretionary functions” from tort jurisdiction. Both statutes allow private damages claims against governmental entities in defined circumstances. Despite this superficial similarity, the statutes were enacted in very different contexts and serve fundamentally different purposes. Nonetheless, courts …

The History And Tradition Of Voir Dire: Why Maryland Should Expand Its Jury Selection Procedures, Dallon Danforth

University of Baltimore Law Forum

No abstract provided.

Maryland’S Voir Dire Reform: The 2025 Pilot Program And The Path Toward Fairer Juries, David A. Harak, Patrice M. Clarke

University of Baltimore Law Forum

No abstract provided.

The Right To Rest: An Examination Of Maryland’S Patchwork Laws On Sepulcher, Burial Grounds, Human Remains, Derek Van De Walle

University of Baltimore Law Forum

No abstract provided.

Contempt Power In The Province Of Maryland, Joshua T. Carback

University of Baltimore Law Forum

No abstract provided.

Reforming Maryland’S Loss Of Chance Doctrine: Expanding Recovery For Cancer Patients With Survival Chances Below Fifty Percent, Iman Aziz

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Walton V. Premier Soccer Club, Inc., Katelin Carter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Crawford V. State, Allison Comess

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Mooney V. State, Whitney Dudley

University of Baltimore Law Forum

No abstract provided.

Recent Developments: In Re Estate Of Schappell, Jamison Young

University of Baltimore Law Forum

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Much Ado About Critical Race Theory, Matthew Patrick Shaw

Washington and Lee Law Review

This Article offers novel observation and critical intervention in the challenge to state laws which have been adopted, allegedly, to prevent the teaching of critical race theory

(CRT) in public schools. Against the trend of recent scholarship that understands these laws as curricular censorship of topical subjects and seeks to contest their validity on those grounds, this Article more accurately identifies them as pedagogical censorship: Limits on teaching methods, which raise different, potentially more dispositive questions about the states’ educational decision-making authority—questions that the U.S. Supreme Court has long sought to avoid. But exposing these so-called “anti-CRT” laws as neither …

Dalsa Gbm, Disability Advocacy Law Student Association (Dalsa)

2025–2026 Flyers

General Body Meeting.

The First Amendment & Censorship: Is This A New Era, Cardozo Center For Rights And Justice, Alexander Reinert, David Rudenstine, Olivier Sylvain

2025–2026 Flyers

No abstract provided.

Unsafe At Any Speed: "Safe Third Country Agreements" - Offshoring And Eroding Legal Protections Owed To Refugees And Asylum Seekers, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Part I of this Article analyzes third country agreements and refugee transfer practices of the United States and the European Union. Part II demonstrates that, under international law, all countries are obligated to protect refugees and are prohibited from directly or indirectly sending them to a country where there is a substantial basis for believing that their life or freedom would be threatened. Part II will likewise show that the notion of "safe third country" transfer agreements and practices is often a fallacy, an oxymoron. Instead of keeping refugees safe, such agreements and practices seriously erode the fundamental non-refoulment obligation …

The Future Of Diplomatic Asylum In Latin America, Regina Romero-Garza

The International Law Review Association Student Forum

Latin American Countries (“LAMC”) maintain a distinct set of diplomatic practices that differ from those commonly observed around the world. One observable distinction is the doctrine of diplomatic asylum, which allows political refugees of other countries to seek asylum in foreign embassies. The concept of diplomatic asylum is seldom recognized outside of the Latin American region, leaving LAMC as one of the few that recognize and use this locally recognized right. Various cases have arisen over the years involving disputes between the countries receiving the refugee (receiving state) and the country that wants the refugee in their custody (territorial state). …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2025

Nebraska Transcript

Dean’s message

Nebraska Law students achieve outstanding results in competitions

Nebraska Law recognized for excellence in mental health and well-being

Clifton, ’08, honored as 2025 Alumni Master

Uecker, ’25, selected as a 2025 Next Generation Leader

Unexpected path to Nebraska Law leads Haratsis, ’25, to home, calling

Client Counseling program celebrates 50 years

Big Ten law schools present series of panel discussions on rule of law

A reflection of the past six years, College’s strategic plan now complete

A culture of strengths: CliftonStrengths and the College of Law

Celebrating 50 years of Ross McCollum Hall

Johnson studies how election law …

Texas S.B. 8 V. Rights: Restoring Judicial Power With The State Action Remedy, Kobi J. Grossman

Undergraduate Honors Theses

While the constitutional right to an abortion was the law of the land in the U.S., Texas sought to restrict that right in line with their political agenda by passing S.B. 8 (2021), referred to as the “Texas Heartbeat Act”. This statute made access to abortions illegal past six weeks, or once a heartbeat is detected. The enforcement structure created in the law did not look to the state to exercise its role as the executor of the public good, but rather, to private citizens in creating a right of action for individuals to sue anyone who “aids or abets” …

The Jurisprudence Of Constitutional Entitlement, David Schraub

William & Mary Bill of Rights Journal

Lawyers are accustomed to thinking of constitutional law as a familiar binary: Either a given governmental policy or practice is constitutional and therefore permitted, or unconstitutional and forbidden. But not all constitutional laws are created equal. A state practice which may be constitutional in concept (such as the death penalty) may, in some or many applications, violate specific constitutional rules and become impermissible. When a policy which has been affirmed to be constitutional in general repeatedly runs up against problems as-applied, a legal tension emerges: can the state implement the policy or not? This dilemma illuminates a third constitutional category: …

Ten Commandments In The Public Square And Public Schools, Mark David Hall, Andrea Picciotti-Bayer

William & Mary Bill of Rights Journal

The Ten Commandments are of paramount importance to the Jewish and Christian faiths, and they are viewed by many as a source of Western law. In America, they have been (and are) taught in churches and synagogues, and throughout much of this nation’s history they have been taught by parents, tutors, and teachers in private and public schools. They are regularly displayed in courthouses and statehouse grounds, and some states have desired to display them in public schools. Predictably, those who would scrub religion from the public square have argued that Ten Commandment displays on public property violate the First …

Regulating Deception To Protect Democracy: Global Election Misinformation Regulations Analyzed Under U.S. First Amendment Doctrine, Stephanie Hoke

William & Mary Bill of Rights Journal

This Note argues that the marketplace of ideas may not always be a workable theory for the election misinformation that pervades social media platforms. Social media is a unique medium because it does not have the same safeguards as television, radio, and newspapers that are used to filter out false claims and information. Due to the lack of safeguards and the algorithms that promote misinformed posts, social media platforms provide a thriving environment for election misinformation. In addition, the presence of online “echo chambers” and the speed at which misinformation can spread calls for some form of government regulation. In …

Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri

Articles

Lawmakers and technology companies are regulating online sexuality in the name of feminism. Whereas libertarian ideals dominated early debates about internet governance, "safety" has become the rallying cry to regulate online activity in the age of Big Tech. Legislators across the political spectrum and companies around the world are devising interventions meant to keep people - and especially women safe from the risks of online sexuality. Through law and technology, they target everything from privacy invasions to unwanted messages to sexual deepfakes. We call this regulatory and ideological trend Big Tech feminism.

This Article interrogates the feminist strands animating Big …

Antitransgender Legislation And Needs Of Transgender Floridians, 2018–2024, Callan Hummel, Kim-Phuong Truong-Vu, Kathryn Nowotny, Ashley Mayfaire, Beaux Ramos, Jasmine Mckenzie, Charlton C. Copeland, Tiffany R. Glynn

Articles

Objectives. To document transgender Floridians’ service needs before and after antitransgender state legislation.

Methods. We conducted descriptive and change point analyses of intake survey data collected by a transgender-led community-based organization in Florida from 701 clients who requested services between 2018 and 2024.

Results. Findings show enrollment for services increased during the rise in antitransgender legislation, with pressing needs for legal and financial support for name changes and gender-affirming health care. The percentage of clients requesting sexual health resources increased, especially among Black clients.

Conclusions. Findings underscore the urgency of (1) understanding the impact of antitransgender legislation on service needs, …

University Of Baltimore Law Review, Volume 54, Issue 2, Fall 2025

University of Baltimore Law Review

No abstract provided.

Unveiling Injustice: An Analysis Of Four Prosecutor-Led Conviction Integrity Units, Erin M. Daneker

University of Baltimore Law Review

No abstract provided.

Dumping The Fence: Unifying Tower Dumps And Geofence Searches As Reverse Location Searches, Philip Glaser

University of Baltimore Law Review

No abstract provided.

Changing The Game Plan: Using Section 504 To Protect Transgender Athletes From Title Ix’S Shortcomings, Christina Charikofsky

University of Baltimore Law Review

No abstract provided.

Dexit Stage West: You Can Incorporate Anytime You Like, But Can You Ever Leave?, Caroline Grady

Vanderbilt Law Review

A company has the freedom to choose which state’s laws will govern its internal affairs when first deciding where to incorporate. Once established and operating under the laws of a particular jurisdiction, the corporation’s shareholders receive a set of rights they opted into by purchasing shares. Many Fortune 500 companies have chosen Delaware as their home due to its robust body of corporate law. Recently, however, some fiduciaries at high-profile companies have grown frustrated with the shareholder-friendly trend in Delaware courts—one that makes it easier for shareholders to sue. In response, western states—particularly Nevada and Texas—have gained the attention of …

Ip @ The U - September 2025, Jorge L. Contreras

Law School Historical Documents

Welcome to IP @ the U, a periodic newsletter for students, alumni, faculty and friends of the University of Utah College of Law's Program on Intellectual Property and Technology Law. This issue covers highlights from Summer and Early Fall 2025.

Compassionate Causation In The Domestic Violence Survivors Justice Act, Zoë Lewis Ewing

University of Chicago Law Review

This Comment evaluates the implementation of the Domestic Violence Survivors Justice Act (DVSJA), a New York law passed in 2019 to provide shortened sentencing ranges for domestic violence survivors convicted of crimes. It identifies an inconsistency in sentencing courts’ application of the law’s causation standard, which requires that a petitioner’s experience of domestic violence be a “significant contributing factor” to their criminal conduct. Some courts interpret the prong narrowly, while others apply a broad causation standard. This Comment argues that courts should opt for the latter approach and consider causation in the DVSJA satisfied if domestic violence was “sufficiently significant …