Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2025

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 931 - 960 of 1131

Full-Text Articles in Entire DC Network

Pure Imagination: A World Of Agentive Ai And Anti-Adhesion Contracting, Jeff Lingwall, Steven Hyde Jan 2025

Pure Imagination: A World Of Agentive Ai And Anti-Adhesion Contracting, Jeff Lingwall, Steven Hyde

Belmont Law Review

Jeff Lingwall and Steven J. Hyde’s Pure Imagination: A World of Agentive AI and Anti-Adhesion Contracting examines the transformative—and destabilizing—effects of large language models (LLMs) on contract law. The Article situates LLM-mediated contracting within the historical evolution of contractual formalities, arguing that agentive AI introduces a new phase in which negotiation, offer, acceptance, performance, and even litigation may be conducted without meaningful human mediation. The authors develop a model of legal risk that increases as LLMs shift from human-reviewed drafting tools to autonomous agents purporting to negotiate or bind parties. They then explore the possibility of “anti-adhesive” mass-bespoke contracts, in …


Interview Of Naomi Cahn, June Carbone, And Nancy Levit, Moderated By Claire Hill And Matthew Bodie, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew Bodie Jan 2025

Interview Of Naomi Cahn, June Carbone, And Nancy Levit, Moderated By Claire Hill And Matthew Bodie, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew Bodie

Faculty Works

This conversation occurred at the start of the conference on "Women at Work" on Thursday, October 24, 2024, from 1:45 to 2:45 p.m. The conference, sponsored by the University of Minnesota Law School, was inspired by the new book, Fair Shake: Women & The Fight to Build a Just Economy, by Naomi Cahn, June Carbone, and Nancy Levit. The co-authors were interviewed by two members of the University of Minnesota School of Law faculty, Claire Hill and Matt Bodie. What follows is the conversation, edited for clarity. Questions to the panelists are in italics, while their responses are in regular …


Sam Altman, Openai, And The Importance Of Corporate Governance, Lawrence J. Trautman, Larry D. Foster Ii Jan 2025

Sam Altman, Openai, And The Importance Of Corporate Governance, Lawrence J. Trautman, Larry D. Foster Ii

Journal of Law, Technology, & the Internet

The sudden firing of CEO Sam Altman by OpenAI’s three independent directors highlights concerns about whether a leading AI company, susceptible to internal conflict and unclear accusations, can be trusted to develop a technology with far-reaching consequences for billions of people.

This paper examines how OpenAI’s board of directors terminated CEO Sam Altman’s employment, a decision that risked hundreds of highly skilled employees walking out the door, disrupted billions of dollars in value, and jeopardized critical knowledge of this important technology. It is hoped that corporate directors—whether at for-profit and non-profit companies—along with venture capitalists, technologists, and government regulators can …


Pay To Plead: Finding Unfairness And Abusive Practices In California Debt Collection Cases, Claire Johnson Raba Jan 2025

Pay To Plead: Finding Unfairness And Abusive Practices In California Debt Collection Cases, Claire Johnson Raba

UIC Law Open Access Faculty Scholarship

No abstract provided.


Annual Survey Of Georgia Law: Legal Ethics, Patrick Longan Jan 2025

Annual Survey Of Georgia Law: Legal Ethics, Patrick Longan

Articles

This Survey covers the period from June 1, 2024–May 31, 2025.1 The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.


Linguists: Our Evolving Role, Patricia Macgregor-Mendoza Jan 2025

Linguists: Our Evolving Role, Patricia Macgregor-Mendoza

International Journal of the Linguistic Association of the Southwest

As linguists, we play many roles in and out of the classroom. In our classes, we strive to educate students about the nuances of linguistic systems, encourage them to expand upon their innate knowledge of language and inspire them to use this knowledge to enhance their lives, their careers, and their communities. However, as Bucholtz et al. (2014) remind us, “scholars should not simply speak out as expert advocates on behalf of marginalized groups, as important as this responsibility is, but they must also help empower their research participants to take action themselves (Cameron et al. 1992, 1993)” suggesting that …


Reimagining The Asylum Law In India: A Study On The Duty Of Of Non-Refoulement, Siddeeqa Iram Jan 2025

Reimagining The Asylum Law In India: A Study On The Duty Of Of Non-Refoulement, Siddeeqa Iram

National Law School of India Review

The right of refugees to seek asylum is undisputedly provided by international instruments but traditionally, the right to grant asylum has been the prerogative of the state concerned. States have a duty of non-refoulement under Article 33 of the Refugee Convention, prohibiting the expulsion or return of refugees. Given the correlation between International Human Rights Law and International Refugee Law, non-refoulement comprises non-rejection at the frontiers as well. Despite the principle being a part of customary international law, due to the ambiguity prevailing in its application, it is constantly flouted by the member-states. Further, as the principle of non-refoulement includes …


Universal Public Defense, Alexis Hoag-Fordjour Jan 2025

Universal Public Defense, Alexis Hoag-Fordjour

Faculty Scholarship

No abstract provided.


Private Wrongs, Public Impact: The Case For A Tort Of Family Violence, Pahul Gupta Jan 2025

Private Wrongs, Public Impact: The Case For A Tort Of Family Violence, Pahul Gupta

Canadian Journal of Family Law

This research paper investigates the adequacy of current civil actions available against a particular form of family violence: intimate partner violence (“IPV”). The paper identifies the torts which are most commonly applicable in the IPV context and argues that they fail to capture the cumulative harm associated with such conduct. It identifies the shortcomings of such causes of actions and analyzes the multifaceted factors contributing to the limitations and challenges IPV victims face when pursuing such claims.

The paper provides a brief background on the historical and legal context of family violence before moving on to identifying the various causes …


Sorting Out Surrogacy: Three Considerations For Evidence-Informed Law Reform, Vanessa Gruben, Alana Cattapan Jan 2025

Sorting Out Surrogacy: Three Considerations For Evidence-Informed Law Reform, Vanessa Gruben, Alana Cattapan

Canadian Journal of Family Law

This article draws on novel survey research with surrogates in Canada—the Exploring Surrogates Experiences and Insights Survey—to examine three critical issues for potential law reform: (1) reimbursement and compensation (i.e., payment); (2) the work of surrogacy agencies; and (3) surrogacy arrangements involving foreign intended parents. Following a brief history of the regulation of surrogacy in Canada and a description of the survey’s methods, it explores each of these areas in turn, using the survey results to identify considerations for law reform. It argues that while the current legislative and regulatory framework largely addresses key issues related to commercialization and commodification, …


Testing Our Faith: Why It Is Important To Study The Complexity Of Client Experiences In Family Dispute Resolution, Heather Heavin, Brea Lowenberger, Michaela Keet Jan 2025

Testing Our Faith: Why It Is Important To Study The Complexity Of Client Experiences In Family Dispute Resolution, Heather Heavin, Brea Lowenberger, Michaela Keet

Canadian Journal of Family Law

Increasingly across Canada, court-based processes are being recast as forums of ‘last resort’ for family conflict. Studies inviting lawyers to reflect on the success of their collaborative negotiations, mediations, and settlement conferences show optimism—faith that the quality of their clients’ experiences has been more positive, or, at least, less damaging. As researchers, however, we know less about how the parties in the midst of separation and divorce actually experience those processes. The Saskatchewan study described in this article suggests that ‘the inside’ of dispute resolution (DR) processes in family conflict might be as qualitatively painful, negative, and difficult as the …


Judicial Economy In The Age Of Ai, Yonathan A. Arbel Jan 2025

Judicial Economy In The Age Of Ai, Yonathan A. Arbel

Articles

Individuals do not vindicate the majority of their legal claims because of access to justice barriers. This entrenched state of affairs is now facing a disruption. Lawyers and non-lawyers alike are adopting artificial intelligence (AI) tools to perform legal tasks tools that sharply reduce the costs of generating legal materials. There is finally hope that AI might allow many more to access justice.

Paradoxically, what we gain in access to justice we might lose in the delivery of justice. The problem is not that AI tools are ineffective. Indeed, they are even more effective than most realize affecting every stage …


Housing Justice Pipeline: Harnessing Housing Clinics To Transform The Right To Counsel Movement, Erica Braudy, Thomas Honan, Tuhfa Begum Jan 2025

Housing Justice Pipeline: Harnessing Housing Clinics To Transform The Right To Counsel Movement, Erica Braudy, Thomas Honan, Tuhfa Begum

Seattle Journal for Social Justice

No abstract provided.


Cultivating Thoughtful Dialogue, Shared Humanity, And Emotional Intelligence In Client Counseling Courses, Jacki J. Langum Jan 2025

Cultivating Thoughtful Dialogue, Shared Humanity, And Emotional Intelligence In Client Counseling Courses, Jacki J. Langum

Saint Louis University Law Journal

Historically, client counseling courses in law schools across the country omitted concepts fundamental to a successful attorney-client relationship–thoughtful dialogue, shared humanity, and emotional intelligence. Psychology and the practice of law, including the omitted concepts, are now being integrated into more courses each semester. The essay demonstrates how I integrate them into my own course and work alongside students to help them practice those concepts and the most important skill of active listening. The students’ practice requires thoughtful work around self-awareness, bias, power, and money–topics often neglected because of the discomfort involved in their contemplation and reflection. The earlier students are …


Teaching Client Counseling In The Shadow Of Homelessness, Gregory M. Zlotnick Jan 2025

Teaching Client Counseling In The Shadow Of Homelessness, Gregory M. Zlotnick

Saint Louis University Law Journal

Working with clients at risk of, or experiencing, homelessness teaches personal and professional humility like few other experiences in law school or the practice of law. Yet such sensitive work also provides an opportunity for law students to develop both a keener understanding of their own professional identity—with its capacities and limitations—and critical counseling skills.

This essay draws upon experiences gained in three distinct law school projects that work with clients at risk of, or experiencing, homelessness. After providing a brief overview of each project, the essay will explore methods used for training and supervising students during their counseling sessions, …


A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers Jan 2025

A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers

Saint Louis University Law Journal

Third-Party Litigation Funding (“TPLF”), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff’s pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent-fee agreement, this type of funding model enables a party to bring a lawsuit even if that party does not have the resources to pay the up-front costs of the litigation. The important difference is that the litigation funder is not counsel to a party in the case, and that TPLF …


Technique With Ideals: An Essay On Professional Identity And Cause Lawyering, Patrick Longan, Mark Brown Jan 2025

Technique With Ideals: An Essay On Professional Identity And Cause Lawyering, Patrick Longan, Mark Brown

Articles

The accreditation standards of the American Bar Association Section on Legal Education and Admission require every school to "provide substantial opportunities to students for . .. the development of a professional identity." The standards include Interpretation 303-5, which provides guidance about what professional identity means for lawyers and how law schools should seek to shape the professional identities of their students: "Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being …


Tribal Legal Licensing Of Attorneys, House Counsel Status, And The Opportunity To Redefine The Jd Preferred Position And The Entire Lawyer Ecosystem, Nicholas J. Stamates Jan 2025

Tribal Legal Licensing Of Attorneys, House Counsel Status, And The Opportunity To Redefine The Jd Preferred Position And The Entire Lawyer Ecosystem, Nicholas J. Stamates

Michigan Journal of Race and Law

The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court’s ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of the modern American regulatory system. In fact, the ability of Indian Tribes to license attorneys to practice law within their court systems has largely gone unexamined outside of a few exceptions such as the Tribal Law and Order Act …


Choosing To Use Good Language In The "Adr" Field, John Lande Jan 2025

Choosing To Use Good Language In The "Adr" Field, John Lande

Faculty Publications

On October 30, 2024, Debra Berman posted a message on a listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. This article summarizes the listserv discussion about the term “ADR,” and demonstrates serious misconceptions embodied in popular concepts of “BATNA” and “facilitative” and “evaluative” mediation as well as other problematic language that we frequently use.

Language is a shared resource that can enable people to understand each other accurately and to improve our ideas and techniques. This article describes the many ways that language has huge effects on people’s thoughts and actions, and …


Corporate Law Competition In The Eu Revisited: Italian Corporations Moving North And The Missing German Spacs, Ben W. Fuhrman Jan 2025

Corporate Law Competition In The Eu Revisited: Italian Corporations Moving North And The Missing German Spacs, Ben W. Fuhrman

The University of Chicago Business Law Review

This Article analyzes recent developments in European corporate law to argue that a Corporate Law Competition is emerging in the EU. For nearly half a century, scholars in the U.S. have engaged in a debate about a Corporate Law Competition between U.S. states and its various implications. In the late 1990s and the early 2000s, the European Court of Justice rendered a series of liberalizing decisions that broke with the long-standing prohibition on corporate mobility in the EU. Despite these judgements, scholars generally assert that there is no Corporate Law Competition among EU member states. This Article challenges such consensus …


The Pittsburg Micropolitan Area Economic Profile, 2025, Pittsburg State University Jan 2025

The Pittsburg Micropolitan Area Economic Profile, 2025, Pittsburg State University

Pittsburg Micropolitan Reports

The Pittsburg Micropolitan Area Economic Profile is created by the Business and Economic Research Center (BERC) at Pittsburg State University.


The Pittsburg Micropolitan Area Economic Report, Quarter 4, 2025, Pittsburg State University Jan 2025

The Pittsburg Micropolitan Area Economic Report, Quarter 4, 2025, Pittsburg State University

Pittsburg Micropolitan Reports

The Pittsburg Micropolitan Area Economic Report is created by the Business and Economic Research Center (BERC) at Pittsburg State University.


College Council Newsletter (January 2025), Dmacc Jan 2025

College Council Newsletter (January 2025), Dmacc

College Council

No abstract provided.


Corporate Governance Speech, Sarah Haan Jan 2025

Corporate Governance Speech, Sarah Haan

Faculty Scholarship

No abstract provided.


The Court’S Haphazard Reasoning On The Separation Of Powers, Steven D. Schwinn Jan 2025

The Court’S Haphazard Reasoning On The Separation Of Powers, Steven D. Schwinn

Saint Louis University Law Journal

The Supreme Court in recent years has taken a sharp and decisive turn toward originalism in cases touching on individual rights. Say what you will about the Court’s originalism in individual-rights cases (and there’s much to say), at least it’s an approach. We can’t even say that much about the Court’s treatment of cases touching on the separation of powers.

In short, the Court’s separation-of-powers opinions are a mess. They lack any consistent methodology or any coherent theory across cases. If five or six justices agree on the result in any given case, it seems, the explanation and reasoning are …


Integration Of Mediation Skills As Required By The Nextgen Bar Exam, Christine Rollins Jan 2025

Integration Of Mediation Skills As Required By The Nextgen Bar Exam, Christine Rollins

Saint Louis University Law Journal

The National Conference of Bar Examiners (“NCBE”) developed the NextGen Bar Exam to more actively test a broad range of foundational lawyering skills. The timing of the rollout will take several years with the final adoption date in 2028. The formatting of the questions will change, and the “Integrated Questions Set,” where examinees answer a series of questions about a given scenario, seems to be the hallmark of innovation. The NextGen Bar Exam will also include a performance task where examinees will draft a memorandum, legal brief, letter, or similar document. Faculty striving to adapt to the new assessment requirements …


A Model Approach To Attorney Ai Practice - Function Or Folly In An Age Of Ai?, James A. Sherer, Et Al. Jan 2025

A Model Approach To Attorney Ai Practice - Function Or Folly In An Age Of Ai?, James A. Sherer, Et Al.

California Western Law Review

No abstract provided.


Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura Jan 2025

Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura

Roger Williams University Law Review

No abstract provided.


Empowering Youth Aging Out Of Foster Care: A Needs Assessment To Improve Transitions To Independent Living, Parker Brady, Amy Six-Means, Julia Durante, Anubha Sood, Philip Day, Nora Gimpel, Jill Mcleigh, Kimberly Stone Jan 2025

Empowering Youth Aging Out Of Foster Care: A Needs Assessment To Improve Transitions To Independent Living, Parker Brady, Amy Six-Means, Julia Durante, Anubha Sood, Philip Day, Nora Gimpel, Jill Mcleigh, Kimberly Stone

Health Status, Outcomes, and Literacy and Healthcare Utilization

We aimed to assess the health literacy (HL) of youth transi- tioning out of foster care and how they interact with health information. The Newest Vital Signs survey was administered online to 26 youth who experi- enced foster care. Seven youth and 15 stakeholders also com- pleted focus groups discussing how youth handle health infor- mation. Results indicate that 42% of youth may have lim- ited HL, which places them at risk for poor health outcomes. Future studies should further characterize this population’s HL and study physician and technology-based interventions to address limited HL.

For questions about this study or …


Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Jennifer Morrell, Alexander Scherr, Judy Ann Clausen, Hillary Wandler, Morgan Macisaac-Bykowski Jan 2025

Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Jennifer Morrell, Alexander Scherr, Judy Ann Clausen, Hillary Wandler, Morgan Macisaac-Bykowski

UF Law Faculty Publications

This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …