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Full-Text Articles in Law

Eulogy For Daniel Subotnik דניאל עזרא בן אליעזר ואהובה Died–March 8 / 29 Adar 1, 57, Rabbi Wayne Franklin Jan 2026

Eulogy For Daniel Subotnik דניאל עזרא בן אליעזר ואהובה Died–March 8 / 29 Adar 1, 57, Rabbi Wayne Franklin

Touro Law Review

No abstract provided.


Send In The Fashion Police!!!, Martin D. Goodman, Miriam Goodman Jan 2026

Send In The Fashion Police!!!, Martin D. Goodman, Miriam Goodman

Touro Law Review

No abstract provided.


A Long, Deep, And Unbreakable Friendship, Henry Ramer Jan 2026

A Long, Deep, And Unbreakable Friendship, Henry Ramer

Touro Law Review

No abstract provided.


Knowing Danny, Suzanne Darrow-Kleinhaus Jan 2026

Knowing Danny, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.


Son Of Orwell, Chesterton, And Mill, Stephen B. Presser Jan 2026

Son Of Orwell, Chesterton, And Mill, Stephen B. Presser

Touro Law Review

No abstract provided.


Dan Subotnik: Teacher, Scholar, And Friend, Rena C. Seplowitz Jan 2026

Dan Subotnik: Teacher, Scholar, And Friend, Rena C. Seplowitz

Touro Law Review

No abstract provided.


In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz Jan 2026

In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz

Touro Law Review

No abstract provided.


Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik Jan 2026

Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik

Touro Law Review

No abstract provided.


For Daniel Ezra Subotnik, Theodore Silver Jan 2026

For Daniel Ezra Subotnik, Theodore Silver

Touro Law Review

No abstract provided.


A Letter To Dan Subotnik, Albert Kleinhaus Jan 2026

A Letter To Dan Subotnik, Albert Kleinhaus

Touro Law Review

No abstract provided.


A Letter To My Father-In-Law, Dan Subotnik, Dina Leytes Jan 2026

A Letter To My Father-In-Law, Dan Subotnik, Dina Leytes

Touro Law Review

No abstract provided.


Touching Our Lives With Love And Grace: A Remembrance Of Dan Subotnik, Dr. Edward Crowe Jan 2026

Touching Our Lives With Love And Grace: A Remembrance Of Dan Subotnik, Dr. Edward Crowe

Touro Law Review

No abstract provided.


Stanley & Daniel: A Lifelong Friendship In Courts & Concert Halls, Stanley Sperber Jan 2026

Stanley & Daniel: A Lifelong Friendship In Courts & Concert Halls, Stanley Sperber

Touro Law Review

No abstract provided.


If I Only Had The Words (To Tell You): Billy Joel Lyrics In Legal And Medical Scholarship, Seuli Bose Brill, Christian H. Brill Jan 2026

If I Only Had The Words (To Tell You): Billy Joel Lyrics In Legal And Medical Scholarship, Seuli Bose Brill, Christian H. Brill

Touro Law Review

Law and medicine are often considered to be among the least accessible professions, partly because of the heavy use of non colloquial jargon. This article examines more than 150 instances in which Billy Joel’s lyrics have been used to improve the accessibility of legal and medical scholarship. Legal and medical professionals have used the words of the “Piano Man” to discuss a variety of topics—everything from civil procedure to property rights and the COVID-19 pandemic to colorectal surgery. Nontraditional communications techniques of this type do not just contribute to the body of legal and medical scholarship; they also help professionals …


The Once And Future Scholar: A Love Letter To Dan Subotnik, Rose Rosengard Subotnik Jan 2026

The Once And Future Scholar: A Love Letter To Dan Subotnik, Rose Rosengard Subotnik

Touro Law Review

No abstract provided.


Dan Subotnik: Life-Long Teacher And Mentor, Rena Subotnik Jan 2026

Dan Subotnik: Life-Long Teacher And Mentor, Rena Subotnik

Touro Law Review

No abstract provided.


Dan Subotnik Tribute, Dr. Patricia Baia Jan 2026

Dan Subotnik Tribute, Dr. Patricia Baia

Touro Law Review

No abstract provided.


Does It Matter What People Lie About?, Stefanie Jung, Peter Krebs, Monika Leszczynska Jan 2026

Does It Matter What People Lie About?, Stefanie Jung, Peter Krebs, Monika Leszczynska

Faculty Scholarship

We investigate whether people’s moral judgments of lies in pre-contractual negotiations differ from their views on whether such lies should give the deceived party a legal right to rescind the contract, and whether these judgments depend on the content of the lie. In a vignette study with 832 German students and 885 participants from Germany, Italy, and the United States, respondents evaluated a range of common negotiation lies. Across samples, participants were generally more likely to deem a lie immoral than to believe it should justify rescission, but the size of this gap varied depending on the lie’s subject. Lies …


The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts Jan 2026

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Faculty Articles

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two …


Report On The 2025-26 Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn, June T. Tai, Sarah Boonin Jan 2026

Report On The 2025-26 Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn, June T. Tai, Sarah Boonin

Other Publications

This report summarizes the results of the Center for the Study of Applied Legal Education’s (CSALE) 2025-26 Survey of Applied Legal Education. The 2025-26 CSALE Survey is CSALE’s seventh triennial survey of law clinic and field placement (i.e., externship) courses and educators. The results provide insight into the state of experiential legal education in areas like program design, capacity, administration, funding, and pedagogy, and the role of clinic and field placement educators in the legal academy. Law schools, legal educators, scholars, and oversight agencies rely on CSALE’s data. The 2025-26 CSALE Survey is composed of two parts. A Survey of …


Ai-Powered Lawyering: Ai Reasoning Models, Retrieval Augmented Generation, And The Future Of Legal Practice, Daniel Schwarcz, Sam Manning, J. J. Prescott, Patrick Barry, David R. Cleveland, Beverly Rich Jan 2026

Ai-Powered Lawyering: Ai Reasoning Models, Retrieval Augmented Generation, And The Future Of Legal Practice, Daniel Schwarcz, Sam Manning, J. J. Prescott, Patrick Barry, David R. Cleveland, Beverly Rich

Articles

Generative AI is set to transform the legal profession, though its most promising uses and ultimate effects are still unclear. While AI models like GPT-4 improve efficiency, they can also “hallucinate” and may undermine legal judgment, particularly in complex tasks typically handled by skilled lawyers. This article examines two emerging AI innovations that may mitigate these concerns: Retrieval Augmented Generation (RAG), which grounds AI-powered analysis in legal sources, and AI reasoning models, which structure complex reasoning before generating output. We conduct the first randomized controlled trial assessing these technologies, assigning upper-level law students to complete legal tasks using a RAG-powered …


Allied Professionals In (Academic) Law Libraries, Part I: Evolving Roles, Skills, And Professional Development Needs, Sarah E. Ryan, Mads Ball, Agnes G. Pearcy, Diana Quinones, Dawn L. Smith Jan 2026

Allied Professionals In (Academic) Law Libraries, Part I: Evolving Roles, Skills, And Professional Development Needs, Sarah E. Ryan, Mads Ball, Agnes G. Pearcy, Diana Quinones, Dawn L. Smith

Library Staff Publications

Allied professionals comprise a significant portion of the law library workforce, yet their experiences and career pathways are often overlooked in discussions about the profession’s future. This article presents findings from a survey examining how allied professionals pursue professional development, upskilling, and career mobility. While respondents demonstrated a strong commitment to growth, opportunities varied widely and were often limited by institutional support. The authors discuss the survey findings, explore the implications for the profession, and offer recommendations for better supporting allied professionals and recognizing their essential contributions to law librarianship. This is the first in a two-part series.


The Lawyer Of The Future: Ethics And Identity In The Age Of Ai, David Yosifon, Michael Santoro, Isaac Nikssarian Jan 2026

The Lawyer Of The Future: Ethics And Identity In The Age Of Ai, David Yosifon, Michael Santoro, Isaac Nikssarian

American University Law Review

The dawn of artificial intelligence (AI) poses a fundamental challenge to the legal profession’s practical function and social identity. We argue that this challenge should be met as an opportunity to reclaim the profession’s core ethical intentions. We approach the emergence of AI as an occasion to define and safeguard what is irreducibly human in legal work. We ground our approach in the ethical imperatives set out in the American Bar Association’s Model Rules of Professional Conduct, while extending them into an invigorated framework for the AI era.

We survey the uses and ethical challenges associated with cutting-edge deployment of …


Measuring Lawyer Mental Illness: Evidence From Two National Surveys, Benjamin David Pyle, Clifford Rosky Jan 2026

Measuring Lawyer Mental Illness: Evidence From Two National Surveys, Benjamin David Pyle, Clifford Rosky

Faculty Scholarship

The American Bar Association declared a “well-being crisis” among lawyers, but the empirical basis for this claim has been contested in recent years. This study systematically compares two high-quality, nationally representative surveys —the National Health Interview Survey (NHIS) and the National Survey on Drug Use and Health (NSDUH)—to measure the prevalence of mental illness and alcohol misuse among lawyers. In both surveys, lawyers report elevated rates of alcohol misuse compared to the general public and similarly educated peers. The NHIS finds that lawyers experience psychological distress at rates lower than the general public and similar to, or moderately higher than, …


Breaking The Cycle: Rethinking Bar Exam Scoring And Portability For Nextgen Examinees, Steven Foster, Nachman Gutowski Jan 2026

Breaking The Cycle: Rethinking Bar Exam Scoring And Portability For Nextgen Examinees, Steven Foster, Nachman Gutowski

Scholarly Works

The development of the NextGen Bar Exam presents a crucial opportunity to address longstanding challenges in both bar exam scoring and portability concerns. The reliance on recent graduates' performance on the Uniform Bar Examination (UBE) as a baseline for setting future standards is flawed due to relative scoring and scaling. In addition to concerns regarding how the future bar exam is scored, there are also concerns regarding how the new scoring metric on the NextGen bar exam will be used for portability and, more specifically, what will happen between 2026 and 2028 as the NextGen bar exam is progressively adopted …


Critical Analysis Of Legal Education: Faculty Perspectives Of Law School's Role In Producing Practice-Ready Graduates, Sophia M. Akel Jan 2026

Critical Analysis Of Legal Education: Faculty Perspectives Of Law School's Role In Producing Practice-Ready Graduates, Sophia M. Akel

Graduate Studies Theses and Dissertations 2026

Legal education has long been the subject of harsh, widespread criticism due to concerns about its ability to adequately prepare students for legal practice. Newer attorneys have reported feeling incapable of performing even the most basic functions of their job after graduation from law school (Merritt & Cornett, 2020). Despite this troubling reality, law schools largely continue to function as they always have (Cramton, 1981). To gain insight directly from important figures in legal academia, this study examined law faculty perceptions on legal education’s role in producing practice-ready graduates. A mixed-methods survey design incorporating both quantitative descriptive and qualitative elements …


Misinformation And The Law, Gustavo Ribeiro Jan 2026

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …


Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota Jan 2026

Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This chapter critically examines the intersection of mandatory continuing legal education (MCLE) and pro bono service in the United States, focusing on the growing practice of awarding MCLE credits for pro bono work. It argues that MCLE, widely justified as promoting lawyer competence, rests on a striking lack of empirical support and is structured in ways that undermine effective professional learning. A pro bono option for earning MCLE credit, introduced as an incentive to expand access to justice, has similarly failed to demonstrate measurable impacts on pro bono participation. Nonetheless, the pro bono option holds untapped potential because, if properly …


In Memoriam: Ken Nunn ’67, James Owsley Boyd Dec 2025

In Memoriam: Ken Nunn ’67, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Over the holiday break we lost a distinguished friend and alumnus with the passing of Ken Nunn ’67. He was 85.

Anyone who’s ever spent time in Indiana has likely seen or heard Nunn. His appearances in television commercials, on highway billboards, and on radio spots made him one of the most recognizable figures in the Hoosier State. And on days when the weather was just right, it was almost an Indiana University rite of passage to spot him—gray hair, sparkling smile—rolling down Kirkwood Avenue in a convertible.


The Kids Aren’T Alright, Amy B. Levin Dec 2025

The Kids Aren’T Alright, Amy B. Levin

Arkansas Law Review

It is not new that students struggle in law school. Research has shown for decades that, while students generally begin law school with healthy well-being, the competitive nature of law school combined with the stress of the Bar and securing post-Bar employment causes increased anxiety, depression, isolation, and related symptoms among students, especially women and underrepresented groups. What is new is the sheer number of law students struggling with serious mental health challenges today—a number that has reached crisis proportions.

This Article is divided into four parts. In Part I, I explore the mental health landscape for high school, college, …