Digital Commons Network^™

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 …

Disclosure Puzzles In Patent Law, Jonathan S. Masur, Lisa Larrimore Ouellette

University of Chicago Law Review

Since its inception, patent law has required that inventors publicly disclose information about their inventions in exchange for receiving patent rights. This foundational requirement is policed through multiple doctrines: patents fail “enablement” if “undue experimentation” is needed to practice the invention, and they lack adequate “written description” when they fail to establish the inventor’s “possession” of the invention.

Despite disclosure doctrines’ centrality, fundamental puzzles about their application remain unresolved. What are the boundaries between enablement and written description? Do equivalents claimed via the doctrine of equivalents have to be enabled or described? Are the rules different for after-arising technologies? Federal …

Necessary Developments: Calibrating The Fair Housing Act’S Reasonable Accommodation Provision, Ben Griswold

University of Chicago Law Review

The Fair Housing Act prohibits denying people with disabilities “reasonable accommodations.” But courts have long split over how to interpret this provision. At the center of the divide is the statutory requirement that an accommodation be “necessary to afford . . . equal opportunity to use and enjoy a dwelling.” Courts diverge over whether the statute imposes a strict-necessity standard, requiring that an accommodation be truly indispensable, or a lenient-necessity standard, requiring only that the requested accommodation ameliorate the plaintiff’s disability.

Rather than pick one interpretation, this Comment suggests that courts should tailor the necessity standard they employ to the …

Sullivan. V. Baker Ranches, Inc., 141 Nev. Adv. Op. 36 (2025), Andre Anaya

Nevada Supreme Court Summaries

No abstract provided.

Law School Record, Vol. 72, No. 1 (Fall 2025), Law School Record Editors

Law School Record

• Message from the Dean
• How the Law School is Incorporating AI into the Curriculum
• Café D'Angelo Builds Community One Cold Brew at a Time
• Adam Chilton Becomes Dean
• The Corporate Speech Dilemma
• Theory in Practice
• Counselors of Crypto
• Asked & Answered - Richard Robbins, '91 Director of Applied AI
• Seven Alumni Begin Clerkships for Supreme Court Justices
• Professor John Rappaport Discusses his New Criminal Law Casebook
• Two New Faculty Members Join the Law School
• Other Faculty News and Recognition's
• The Law School Launches the Dean's Fellow Program
• Meet the Class of 2028 (by the numbers)
• Development News
• In Memoriam
• Giving …

Last Chance Lawyers: Mercer's Habeas Project And Lessons Learned From A New Generation Of Service Learners, Meagan R. Hurley

Articles

Late on a Sunday night, the conference table in Mercer Law’s Habeas Project classroom was buried under transcripts, cases and drafts of a soon-to-be finished appellate brief. Third-year law students Chyna Carter and Valerie Pallos sat shoulder-to-shoulder, tightening arguments, double-checking citations and calculating word counts yet again. They’d spent weeks working with classmates, meticulously researching their client’s case and poring over a voluminous record, in preparation of filing a habeas appeal with the Supreme Court of Georgia.

“We thought we had a convincing argument and just needed to get it reflected on paper,” Carter, now an associate at McLain & …

The Racialized Retaliatory State: Weaponizing Immigration Law To Criminalize Dissent, Karla Mckanders

William & Mary Journal of Race, Gender, and Social Justice

This Essay examines how systemic racism impacts the ways immigration laws operate to retaliate and criminalize immigrants who dissent. Criminalizing dissent—which recently has become more widespread—is one tool within the immigration system that reinforces America’s racialized caste system. This Essay frames immigration exceptionalism as a continual state that excludes nonconforming bodies and ideologies to instill fear as a means of authoritarian governance. This Essay challenges the history of immigration exceptionalism as an objectively neutral system of governance, arguing that it has historically criminalized racialized migrants to suppress dissent and ideological viewpoints that are not aligned with America’s racialized project. Immigration …

“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee

Washington Law Review

This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the state. This Article focuses on the misnaming of Indigenous, Asian, and Latine people, beginning first with the way misnaming is done by the administrative state. The authors then discuss misnaming as it has operated in legal proceedings, providing both historical and contemporary examples from federal and …

A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin

Washington Law Review

This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in state-run inmate work programs. This statutory carveout is contrary to the rehabilitative purpose of Washington’s prisons because it impedes incarcerated people’s ability to afford necessities, participate in rehabilitative programs, and reintegrate into society. This exemption is unconstitutional under the state’s cruel punishment clause, because it is disproportionately cruel punishment and an excessive fine that incarcerated workers cannot afford. The exemption is also unconstitutional under the state’s privileges and immunities clause, because …

أحكام المسؤولية الجنائية وأجهزة الذكاء الاصطناعي, Fatmah Ali Al Dhanhani

Theses

The Criminal Liability Provisions of Artificial Intelligence (AI) Actions

This study aims to define the concept and levels of artificial intelligence (AI) to understand its legal nature, personality, and impact on criminal liability. It analyzes the current legal frameworks and examines existing legislation related to AI, assessing their ability to address issues concerning criminal responsibility for the actions of these systems. The study begins by defining the precise concept of criminal liability to understand how it can be applied in a technological environment. It then defines AI and explores its legal nature, to analyze current frameworks and how effectively they …

Res Gestate 2025 Fall Issue, Lindsay Wilcox, Angela Turnbow, Austen Diamond, Lexie Kite, Violet Maw, Henry Randolph, Robert Rice, Dave Titensor, Elizabeth Kronk Warner

Law School Historical Documents

The Alumni Magazine for the S.J. Quinney College of Law, University of Utah

Legal Models For Public-Private City Greening Partnerships, Daniel J. Metzger

Sabin Center for Climate Change Law

Cities are significantly hotter than their surrounding areas. That difference, known as the “urban heat island” effect, is driven in significant part by the dark-colored buildings, sidewalks, roadways, and similar surfaces that dominate urban spaces, absorbing solar energy and later radiating it outward as thermal energy that heats the nearby air. This Comment suggests and describes one avenue through which cities and local community-based organizations (CBOs) could tackle extreme heat: partnering with one another to transform paved surfaces into green or reflective ones. Partnerships of this kind could combine the resources and desire to create green spaces that nongovernmental groups …

Understanding Output-Based Pricing Systems, Wei Cui

All Faculty Publications

In recent years, Canada has implemented a distinctive carbon pricing regime, known as “output-based pricing systems” (OBPS), to incentivize emission reductions for large industrial facilities. This regime has come un-der heightened scrutiny as a more general carbon tax, the federal fuel charge, was cancelled in 2025 due to political controversy. However, OBPS regimes have received no prior economic analysis; commentators have mostly criticized the weakness of the emission trading markets within them. This article argues that OBPS should be viewed as primarily implementing a carbon tax with an intensity-based exemption. OBPS further introduces emissions trading into this carbon tax regime, …

Teaching Students To Write Well With Ai (Even If You're Still Learning It): A Guide For Faculty Who Want To Teach - Not Play Detective, John Lande

Faculty Publications

As generative artificial intelligence (AI) tools rapidly enter legal education, faculty need practical ways to guide student writing and promote academic integrity.  This one-page guide offers concrete strategies to help faculty teach students to think and write more effectively with AI tools.  As students increasingly use AI on their own, faculty face two related challenges:  preventing misuse and promoting deeper learning.

This guide frames the instructor’s role not as a detective, but as a coach who helps students use AI responsibly.  It outlines techniques to clarify expectations, promote good writing, and foster critical engagement with AI.  Adapted from the short …

Did Your Student Or A Bot Write This Paper?: Teaching And Grading In The Age Of Ai, John Lande

Faculty Publications

Generative artificial intelligence (AI) is disrupting traditional assumptions about law students’ authorship of their written assignments.  Faculty are concerned about their ability to tell whether students are writing their own papers or simply using AI tools like ChatGPT.  This article offers practical strategies for addressing this problem, focusing on teaching and grading practices that promote transparency, accountability, and learning.

It recommends that faculty require students to include AI use certification cover sheets with their papers, disclosing whether and how they used AI tools during the writing process.  The article also explains how faculty can shift from purely summative to use …

Faculty Use Of Artificial Intelligence In Teaching, John Lande

Faculty Publications

This report presents findings from a 2025 survey of U.S. law faculty about their own use of generative artificial intelligence (AI) tools such as ChatGPT and how their students use them as well.  Most respondents reported using AI at least occasionally for teaching-related purposes, and many estimated that a majority of their students used it in their courses.

Faculty identified benefits such as time savings, idea generation, and improved clarity. They also reported significant concerns about students’ over-reliance on AI, as well as the unreliability of its outputs.

Most faculty had revised assignments and assessment practices and provided guidance to …

The Art Of Ai Prompting In Law And Dispute Resolution Practice, John Lande

Faculty Publications

This short article offers a practical guide for using AI tools to improve the judgment and efficiency of lawyers, mediators, and arbitrators.  It cites ABA Ethics Opinion 512, which describes lawyers’ ethical duty of technological competence under the ABA Model Rules.

The article encourages practitioners to begin by selecting AI tools appropriate to their tasks such as general-purpose platforms or specialized tools listed in the article.  It explains how to write effective prompts, use follow-up questions to refine outputs, and apply professional judgment when reviewing results.  It includes a list of suggested follow-up prompts.

Getting useful results from AI tools …

Improving Regulatory Notice, Joshua Ulan Galperin, E. Donald Elliott

Elisabeth Haub School of Law Faculty Publications

Effective notice of law is the cornerstone of any legal system, and yet many federal administrative agencies do not give small businesses, NGOs, and interested citizens notice of the vast amount of new or modified law they produce. They merely publish the text in the Federal Register, which works tolerably well for larger enterprises but not their smaller competitors and citizens' groups. Despite these facts, few scholars have explored how agencies provide notice of the law. Even fewer have proposed ways that agencies could improve the methods they use for giving more effective notice of significant regulatory changes and thereby …

Citizen Led Initiatives - Constitutional Amendments & Statutes, Priya Baskaran

Research Reports & White Papers

50-state survey of provisions for amending state constitutions.

The Loyalty Trap: How Loyalty Programs Hook Us With Deals, Hack Our Brains, And Hike Our Prices, Samuel A.A. Levine, Stephanie T. Nguyen

Center for Law and the Economy

This paper examines the devolution of loyalty programs — from simple coupon programs to major lines of business transforming the retail experience. This devolution is happening in three stages. In the first stage — the hook — companies entice consumers by promising generous upfront benefits if consumers enroll. In the second stage — the hack — companies use loyalty programs to extract deep insights into our spending habits and willingness to pay, effectively hacking our brains. And in the third stage — the hike — companies make these programs worse for consumers — raising fees, devaluing points, limiting redemption options, …

The Future Of Virtual Proceedings In The Federal Courts, Jeremy Fogel, Mary S. Hoopes

Indiana Law Journal

The federal courts are notoriously hesitant to modify their procedures and policies. Much of this “small c” conservatism is driven by a concern that their rules be “trans-substantive” and suited to a wide range of circumstances. For years, they stubbornly resisted allowing remote proceedings and similar uses of technology in the courtroom because of concerns that permitting them could affect the quality of lawyering and decision-making, compromise the safety of jurors and witnesses, and diminish the public’s perception of the courts. The COVID-19 pandemic abruptly changed this, forcing judges to alter radically the way they conducted proceedings.

Nearly five years …

The Siren Song Of Territoriality, Robin J. Effron, Alan M. Trammell

Indiana Law Journal

Territoriality—the theory that a state’s physical borders determine its power and sovereignty—boasts a long, venerable history. For centuries, it served as the dominant political theory for myriad ideas. It defined a wide range of doctrines, including personal jurisdiction, choice of law, and prescriptive jurisdiction. By the middle of the twentieth century, though, this rigid territoriality no longer described or responded to the challenges of a society that had grown increasingly mobile and interconnected. Courts replaced inflexible territorial theories with more functional theories rooted in fairness and state regulatory interests.

In recent years, territoriality has seen a curious resurgence. The Supreme …

A Municipal Finance Theory Of Local Government, Michael A. Francus

Indiana Law Journal

The United States is awash in local governments. Not only does every state create local governments, but every state relies on those local governments to carry out the day-to-day functions of government. These local governments, though, are not the state. They are distinct legal entities vested with their own legal personhood. That is, they sue and are sued, they own property, and they enter into contracts—all in their own names.

Many rich accounts detail the historical reasons why local governments arose. But a different, theoretical question remains: What can a state achieve with local governments that it cannot achieve without …