Law Commons^™

Crisis Convergence, Sarah Medina Camiscoli

Northwestern University Law Review

Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …

Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke

Northwestern University Law Review

Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …

Constitutional Futurisms, Jeremiah Chin

Northwestern University Law Review

How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …

Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi

Northwestern University Law Review

The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …

Law School News : A New Class Of Changemakers : Record-Breaking Class Of 2028 Begins Legal Education 08-26-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

Vol. 69, No. 03 (September 8, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 69, No. 02 (September 1, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 69, No. 01 (August 25, 2025)

Indiana Law Annotated

No abstract provided.

Inaction As Nonformal Reaction: Rethinking Crime Perception In The Era Of Data Breaches, Irnasya Shafira Hadi

Jurnal Kriminologi Indonesia

This study analyses the Indonesian public’s response to government data breaches and advocates for an expanded defintion of nonformal reactions to crime in the digital context. It argues that existing criminological frameworks, particularly Mustofa’s (2021) model—which views nonformal reactions as active and confrontational behaviours such as demonstrations or vigilantism—should also acknowledge inaction, apathy, and emotional disengagement as valid public reactions. This paper employs a conceptual-qualitative approach, combining an interdisciplinary literature review, interpretive policy analysis of the Personal Data Protection Law, and triangulation with digital behaviour data to develop its analysis. This paper reframes apathy as a significant criminological indicator of …

In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy

Indian Journal of Law and Technology

A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology. Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable. By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of …

Cardozo Law Launches The National Immigration Habeas Institute, As Part Of Its New Center For Immigration Innovation, National Immigration Habeas Institute, Center For Immigration Innovation

Cardozo Law News Archive

Cardozo School of Law has launched the Center for Immigration Innovation, which will serve as a hub for immigration-related initiatives, including the new National Immigration Habeas Institute (NIHI). A partnership with the National Immigration Litigation Alliance, NIHI will train attorneys to litigate federal habeas petitions—an increasingly critical tool to protect noncitizens facing detention or deportation. The Center will also house the Kathryn O. Greenberg Immigration Justice Clinic and a new Immigration Research Institute, which will host scholarship workshops, speaker series, and service-learning trips. Co-Directors Peter Markowitz and Lindsay Nash emphasized that the Center will strengthen advocacy, scholarship, and hands-on training …

Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language, Christian B. Dollar

Doctor of Philosophy Dissertation

The language of subjective, individual rights has become the primary way of speaking about the rights and wrongs of human life together. Since the end of World War II, one subset of this language—that of human rights—has achieved a global influence. The various Christian traditions of the west have, in large part, adopted this language of human rights to articulate and supplement their assorted social teachings. Yet, the adoption of human rights language has been contested by a dedicated cadre of Roman Catholic and Protestant theologians concerned about the potentially anti-Christian implications inherent in the grammar of rights. Christian rights …

Cardozo School Of Law And Yu Global Launch Online Master’S In Labor And Employment Law For Non-Lawyers, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law, in partnership with YU Global, has launched a fully online Master of Studies in Law (MSL) in Labor and Employment Law designed for non-lawyers in fields such as HR, compliance, and management. The 30-credit program equips professionals with legal knowledge to strengthen compliance and advance their careers, offering flexible online coursework taught by leading New York City scholars and practitioners. With a focus on real-world application, the curriculum covers topics such as employment discrimination, workplace investigations, and social media/privacy issues. Dean Melanie Leslie and Dr. Danielle Wozniak emphasized the program’s value in providing professionals with a …

Law School News : Rwu Law Named A 'Best Law School' By The Princeton Review 08-04-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Rwu Law Named A 'Best Law School' By The Princeton Review 08-04-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Teaching Law Through Art: On Magic, Emotions, And Resistance, Hamsini Marada

Socio-Legal Review

This is an auto-ethnographic article in which the author reflects on her research in art and law, the legal academic culture, and the ways in which her art practice (painting and photography) informs her teaching pedagogy. The author uses theoretical works of scholars like Paulo Friere and bell hooks as foundational texts to address how an emotional and care-based approach to teaching can be developed through engagement with art in law classrooms. This theory is substantiated with anecdotes from the author's experience of teaching electives on art and law and core courses like Criminal Law and Intellectual Property Rights. By …

Oriented Data-Generating Processes: A Categorization Of Roc Curves, Claude Fluet, Murat C. Mungan

Faculty Scholarship

Decision makers attempting to classify a binary state of the world may commit two types of errors. Even when the two alternative states have equal prior probabilities and when the two types of errors are equally costly, a classification criterion may be chosen which leads to one type of error being committed more frequently than the other, because of asymmetries in the data that informs their decisions. We formalize this possibility through a categorization of data-generating processes (DGPs), which may be ‘oriented’ towards evidence favoring one of the two alternatives, or which may be ‘unoriented’. We identify the shape properties …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Articles

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

Legislatively Inhibiting Children's Development Of The Mens Rea To Commit Genocide During Adulthood, Susan H. Bitensky

University of Florida Journal of Law & Public Policy

This Article concerns how legislatures in America are stanching development of the criminal intent to commit genocide. Lawmakers have taken aim at genocide, not through the barrel of a gun, but, rather, by imbuing schoolchildren with values and psychological attributes that gradually counteract development of a génocidaire’s mens rea. Of course, sans mens rea, sans perpetration of this, the “crime of crimes.”

The counteractant process is the result of joining a substantively targeted pedagogy with the force of law so as to create state genocide-education mandate statutes. There has been a certain prescience in this. Accumulating expert opinion, studies, and …

A Quiet Privilege: Garrity, Internal Investigations, And The Need For A Preference Of Silence Among Public Employees, Jacob Abel

University of Florida Journal of Law & Public Policy

When a public employee is asked to testify against themselves or face termination, they are presented with a trilemma. They may choose to respond to questions falsely, answer truthfully, and suffer criminal sanctions, or remain silent and lose their job. In Garrity v. New Jersey, the Supreme Court resolved this trilemma by ruling that, when a public employee is compelled to answer questions, the Fifth Amendment grants the employee immunity for their testimony. The Supreme Court “solved” the trilemma again, in Gardner v. Broderick, by saying that an employee who is fired for invoking their Fifth Amendment right …

Where "Woke" And The Written Word Go To Die: How Florida's Newest Book Ban Law Violates The Fourteenth And First Amendments, Sarah N. Powell

University of Florida Journal of Law & Public Policy

The fight over banned books is as old as the nation itself. However, the number of book objections and removals in public schools has increased dramatically in the past two school years. According to PEN America, a national free speech group, Florida currently leads with the highest number of book bans in the nation: “[o]ver 40 percent of all book bans [in the U.S.] occurred in school districts in Florida.”

Vague statutory language and procedures in recent legislation have made banning books even easier. This Note challenges the constitutionality of section 1006.28, Florida Statutes (2024), one of Florida’s newest book …

27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act (Powerpoint Slides) 08-01-2025, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act 08-01-2025, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Changemakers : Camille Capraro : Juris Doctorate : Working For The Ocean State's Future 08-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Danger Of Dobbs: Substantive Due Process, Fundamental Rights, And A Critique Of The Theory Of Historical Tradition, Parker J. Wilkson

University of Florida Journal of Law & Public Policy

Central to the Supreme Court’s holding in Dobbs v. Jackson Women’s Health Organization that the right to obtain an abortion would no longer be recognized as a fundamental right is the theory of historical tradition: the view that the only liberty interests recognized as fundamental rights under the Due Process Clause are those that are “deeply rooted in this Nation’s history and tradition.” This Note argues that the theory of historical tradition should not set the outer boundaries of fundamental rights. In demanding that a fundamental right find support in the Nation’s history and tradition, the Supreme Court imports a …

Delayed & Denied: How One Court's Interpretation Of Emtala Obstructs Emergency Abortion Care & Threatens Women's Health, Christina Dalton

University of Florida Journal of Law & Public Policy

This Note addresses whether EMTALA preempts state abortion bans in the context of a medical emergency. Part I provides background information on the Dobbs decision and how states responded, discusses the Department of Health and Human Services’ interpretation of EMTALA’s preemptive effect, and introduces the competing district court cases. Notably, the analysis of these district court cases focuses on the relevant state abortion bans as they existed at the time of each decision. Part II discusses EMTALA, specifically Congress’ intent in enacting the statute and the obligations it imposes on hospitals and physicians. Part III then provides an overview of …

Will The Court Use Dobbs To Overturn Sullivan? Revisiting The Sullivan Decision In The Age Of Digital Media, Skylar Tess Ivey Detjen

University of Florida Journal of Law & Public Policy

New York Times Co. v. Sullivan is a landmark Supreme Court decision that significantly expanded protection for the press under the First Amendment by limiting public officials’ ability to sue for defamation. The ruling established the “actual malice” standard, requiring public officials to prove that defamatory statements were made with knowledge of their falsity or with reckless disregard for the truth. In recent years, Justice Thomas has repeatedly criticized Sullivan, arguing that the decision is more a product of judicial policymaking than of constitutional interpretation, with minimal grounding in the text or history of the First or Fourteenth Amendments. …

Constitutional Futurisms, Jeremiah Chin

Articles

How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …