Law Commons^™

Validating Valuation: How Statistical Learning Can Cabin Expert Discretion In Valuation Disputes, Andrew C. Baker, Jonah B. Gelbach, Eric L. Talley

Faculty Scholarship

This article challenges conventional methods used in financial valuation across transactional and litigation domains. We show that conventional valuation methods allow for considerable discretion, making it possible for each side’s experts to submit dramatically varying valuations simply by choosing among facially reasonable values of parameters that must be selected to carry out conventional valuations. We use large-scale empirical simulations powered by real-world data to demonstrate the scope of such discretion. We next consider several alternatives based on data-driven machine learning approaches, and show that they offer both approximately unbiased estimates of valuation and substantially reduced variability in valuation results. Consequently, …

2026 Concise Summer Update To The Corporations Curriculum - Caremark: The Board’S Duty Of Oversight Regarding Work Force Safety & Sexual Misconduct, Sarah Haan

Faculty Scholarship

No abstract provided.

Socially-Minded Investors And Corporate Behavior, Merritt B. Fox, Menesh S. Patel

Faculty Scholarship

Many equity investors are concerned with the world’s worsening social and environmental problems and are losing faith in the capacity of political institutions to respond. Corporate behavior is often contributing to these problems. Some investors, at least if fully informed as to costs and benefits involved, would favor corrective changes to corporate behavior even where that would lessen their investment returns. Two important questions arise: (1) given existing law, are such willing-to-sacrifice equity investors currently affecting firm behavior; and (2) should there be legal reform that makes firms more sensitive to these willing-to-sacrifice investors’ preferences? This Article seeks to answer …

Bar Prep As A Balancing Act: The Process, Pitfalls, And Payoffs Of Juggling Multiple Commercial Bar Review Resources, Tiffane Cochran, Andrea M. Pals

AccessLex Institute Research

AccessLex Institute® undertook a study to understand how Spring 2025 law graduates leveraged commercial bar review resources to prepare for the July 2025 bar exam. Across three surveys administered in April 2025, August 2025, and January 2026, we explored the graduates’ intended and actual use of commercial bar review resources, their approaches to allocating time among bar review resources, and whether those approaches resulted in bar exam success. The data yield a few key observations:

• Nearly all respondents used a commercial bar review course in combination with one to three supplemental resources, ramping up the number of hours they spent …

Sabin Center For Climate Change Law Annual Report 2025-2026, Tiffany Challe

Sabin Center for Climate Change Law

Over the past year, the Sabin Center continued to translate complex legal and scientific questions into practical tools that advance climate action and climate justice across climate litigation, renewable energy, local climate action, model climate laws, carbon management and greenhouse gas removal, climate law and science, and climate and business law.

Explore our 2025–2026 Annual Report to see the research, engagement, and impact behind the numbers — and what’s ahead.

From Understanding To Production: A Qualitative Case Study Of Instructional Alignment And Bar Examination Readiness At One Law School, Mackenzie E. Gray

Education (PhD) Dissertations

Many law students who understand the law struggle to produce it under examination conditions.This qualitative case study examined how instruction in three settings at one ABA-accredited law school (first-year doctrinal, upper-division doctrinal, and for-credit bar preparation courses) shaped students’ perceptions of their readiness for the California Bar Examination. Grounded in metacognitive transfer theory, the study drew on 18 classroom observations across six courses, semi-structured interviews with seven students and four professors, and a simulated bar examination scored against a criterion-referenced rubric, all collected during the Spring 2026 semester. Interview data were analyzed through codebook thematic analysis. Five themes resulted. Students …

Transnational Indigenous Environmental Justice: A Distant Comparative Study Of Nepali And U.S. Environmental Policies And Counter-Archives In Technical Communication, Shankar Paudel

Open Access Theses & Dissertations

This dissertation investigates how institutional communication, state bureaucracy, and Indigenous sovereignty intersect within Rhetoric and Writing Studies (RWS) and Technical and Professional Communication (TPC). Current TPC research increasingly focuses on social justice; however, the field still lacks ethical frameworks to deal with the complicated dynamics of transnational Indigenous Environmental Justice Communication (IEJC). This study addresses this gap by examining how two distinct Indigenous communities - the Tharus of Chitwan, Nepal, and the Ysleta del Sur Pueblo Tigua Indians of El Paso, Texas - communicatively navigate, contest, and resist state environmental policies.

Grounded in decolonial Distant Comparativism, Mestiza Consciousness, Rhetoric of …

The Power Of The Tripartite: Defending Fluoridation Together, Sarah Stuefen Dds

The Journal of the Michigan Dental Association

This article describes a successful grassroots effort to preserve community water fluoridation in Vinton, Iowa. The author details how local dental professionals, state dental associations, the American Dental Association, public health experts, and community stakeholders collaborated to educate decision makers and advocate for evidence-based public health policy. The experience demonstrates the importance of coordinated advocacy and organized dentistry in protecting oral health initiatives.

The Back Page: A Toast To The Future: From Boomers To Gen Z Zoomers, George T. Goodis Dds, Gerald J. Halk Dds

The Journal of the Michigan Dental Association

This article highlights a leadership brunch that brought together multiple generations of dental leaders to encourage engagement in organized dentistry. The gathering emphasized mentorship, leadership development, and the transfer of institutional knowledge to younger dentists. Participants celebrated the future of the profession while discussing the importance of community involvement, leadership participation, and professional growth.

Machine Learning For Predictive Energy And Emissions Modeling Of Vehicles And Power Grids In The United States, S M Tanvir Faysal Alam Chowdhoury

Dissertations

The environmental benefits of electric vehicle (EV) adoption depend on more than replacing internal combustion engine vehicles with electric powertrains. EV adoption reshapes electricity demand, interacts with regional generation mixes, and influences travel behavior and congestion, creating a coupled transportation-energy system in which vehicle and power-plant emissions must be evaluated together. This dissertation develops machine-learning frameworks for predicting energy consumption and emissions from vehicles and power grids under rising EV adoption. The first component forecasts grid emissions from EV charging. Using simulation data from NREL's Cambium database, a Prophet-based time-series framework predicts carbon dioxide, nitrous oxide, and methane emission rates …

The Use And Abuse Of Hearsay In Family Law Matters, Jessica Tueller, Monica Dionisio

Other Faculty Publications

No abstract provided.

Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price

Dignity: A Journal of Analysis of Exploitation and Violence

It is well-documented that legalization and other forms of official protection for prostitution lead to an increase in sex trafficking, including by encouraging demand for prostitution. This paper will consider the relationship between official protection, organized crime, and sex trafficking in pro-prostitution legal regimes, both historical and contemporary. Prostitution is legal in rural counties in Nevada that have fewer than 700,000 residents, if prostitution occurs within a brothel. There is significant overlap between sex trafficking and legal brothel prostitution in Nevada, as well as a nexus to corruption and organized crime, illustrating the normalization of coercion that occurs within legalized …

Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan

Dignity: A Journal of Analysis of Exploitation and Violence

This article examines human trafficking through the lens of organized crime and explores how this perspective can be applied to contemporary trafficking cases in the United States. While trafficking is often prosecuted as an isolated criminal act, many incidents are linked to larger transnational and domestic organized crime networks. The discussion highlights the activities of notorious syndicates, including international cartels, street gangs, and well-funded networks of sex buyers, demonstrating how these entities exploit vulnerable populations for profit. Reframing human trafficking as a sector within organized crime shifts investigative and prosecutorial strategies away from victim-dependent models, which often require survivors to …

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …

The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese

Dignity: A Journal of Analysis of Exploitation and Violence

The primary objective of this research is to develop a description and typology of the nature of serious cases of human trafficking and how traffickers, their victims, and consumers (the demand) overlap and interact across locations. This study examines known human trafficking enterprises for which sufficient evidence has been obtained to result in prosecution. These are also serious cases because US federal and international prosecutions result when the offenses are interstate or international in scope. Using a sample of US cases prosecuted over three calendar years (2021-2024), combined with an international sample of cases, an effort is made to develop …

Sex Buying, Sex Trafficking, And Organized Crime: Introduction To A Special Issue, Marcel Van Der Watt, John A. Winterdyk

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Disrupting The Bonded Economy Of Sex Buying, Sex Trafficking, And Organised Crime Through Policy Change, Dellene Clark

Dignity: A Journal of Analysis of Exploitation and Violence

Emerging criminological research underscores how the economic drivers of trafficking for sexual exploitation reinforce organised criminal markets while reproducing the structural vulnerabilities of those in prostitution. Using South Africa as a case study, this article argues that evidence-based legislative reform is necessary to confront the systemic conditions that enable exploitation. It contends that achieving substantive equality requires recognising the criminogenic role of sex‑buyer demand in sustaining trafficking pipelines and criminal profitability. The Swedish/Nordic demand‑reduction model illustrates how asymmetrical criminalisation can suppress demand, reduce reliance on trafficked persons, and diminish the financial incentives that underpin organised crime. Such an approach reorients …

Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier

Dignity: A Journal of Analysis of Exploitation and Violence

This study investigates the extent to which online sex buyer communities in the United States function as organized criminal networks pursuant to the United Nations Convention against Transnational Organized Crime’s definition of organized criminal groups. Drawing from theories of organized crime, social network analysis, and digital ecosystems, we conceptualize sex buyers not as isolated actors but as participants in coordinated, mutually reinforcing networks that share information to facilitate exploitation, mitigate risk, and sustain criminal behavior. To test this framework, we scraped over 1.2 million posts from a publicly accessible sex buyer forum, comprising 72,974 unique users and nearly 800,000 direct …

Legitimacy, Legality, And Canadian Climate Laws, Adebayo Majekolagbe

Dalhousie Law Journal

In 2021, the Supreme Court of Canada, in the References re Greenhouse Gas Pollution Pricing Act, confirmed that global climate change is real, human activities are the main cause, and climate impacts will be especially severe and devastating in Canada. Against this backdrop, the Court upheld the federal government's authority to set a nationwide minimum standard for the stringency of greenhouse gas pricing. Years after the Court endorsed the GGPPA, the legislation and its carbon pricing policy have struggled to gain legitimacy, meaning the acceptance and support of Canadians. In 2025, the carbon charge component of the law was suspended, …

Timely Trials, Costly Remedies: Remedial Deterrence After Jordan, Maggie Morris

Dalhousie Law Journal

This article critiques the Supreme Court of Canada’s ceiling–stay regime under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, which imposes a presumptive limit on trial delay and mandates a stay when the ceiling is breached. The regime’s design is best understood through the analytical lens of remedial deterrence, which examines how the cost of a strong remedy shapes judicial interpretation of a right. I argue the automatic stay has produced meaningful gains by forcing governments and justice actors to internalize the costs of delay, but its rigidity has also encouraged doctrinal adjustments that risk narrowing …

The Supreme Court And The Constitution, Tom Rozinski

Open Touro Created

2026

The Supreme Court and the Constitution is a casebook for undergraduate students who want to earn about the Constitutional structure of the US government. Since the Supreme Court is responsible for interpreting the Constitution, the book begins with a history of the Court before examining the processes and methods it uses to decide cases. There is also a unit on the development of judicial review and the limitations on the scope of the Court’s actions. One major unit examines the powers of the president in both foreign and domestic affairs, and includes a section on presidential immunities. Another major …

Higher Education And Resilience: An Exploration Of Sexual Misconduct Survivors' Lived Experiences And The Impact On Their Educational Journey, Patricia Denise Williams

Theses & Dissertations

HIGHER EDUCATION AND RESILIENCE: AN EXPLORATION OF SEXUAL

MISCONDUCT SURVIVORS’ LIVED EXPERIENCES  AND

THE IMPACT ON THEIR EDUCATIONAL JOURNEY

Patricia Williams, PhD

University of the Incarnate Word, 2026

This study explored the lived experiences and resilience of victims/survivors of sexual misconduct while pursuing education at an Institution of Higher Learning (IHL). Students between the ages of 18 and 24 are more likely to be sexually victimized than be victims of robbery at IHLs (RAINN, n.d.). The impact of sexual misconduct can leave victims/survivors with long-term trauma, causing negative academic outcomes and a host of behavioral and emotional issues (Banyard et …

The Treatment Of Digital Assets In Insolvency, Nydia Remolina Leon, Aurelio Gurrea-Martinez, Daniel Liu

Research Collection Yong Pung How School Of Law

This article provides a comprehensive analysis of the treatment of digital assets in insolvency. Given that cryptoassets can be the subject of various transactions—including purchase, sale, custody, and lending—understanding their nature and implications in insolvency is relevant for any firm, not just cryptoexchanges. The article begins by offering a general overview of the world of cryptoassets. It then examines the nature of cryptoassets from accounting, financial, and legal perspectives. While much of the literature on insolvency and cryptoassets has primarily focused on the analysis of whether cryptocurrencies constitute property of the estate, this article explores additional issues, such as the …

Data Centers Face Volatile Regulatory Landscape, Michael B. Gerrard

Sabin Center for Climate Change Law

The construction of new data centers for artificial intelligence has become a major engine of the U.S. economy. More than 700 data centers are now under construction across 40 states, with many more to come.

These are typically multi-billion-dollar projects. This boom is facing growing public opposition, which has led to an extremely volatile regulatory land-scape, especially at the state and local levels. That landscape is the subject of this article. This volatility has raised the cost of capital for data centers and led to the cancellation of many, and to heightened due diligence by lenders and others.

From Open Banking To Banking-As-A-Service: Regulatory Challenges In The Evolution Of Financial Intermediation, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

Over the past decade, financial innovation has moved from open banking, centred on consumer-permissioned data sharing, to banking-as-a-service (BaaS), which modularises core banking functions through application programming interfaces. This shift allows fintechs and non-financial platforms to embed financial products seamlessly, reducing transaction costs and fostering innovation. Yet the 2024 collapse of Synapse in the United States exposed the fragility of this model when intermediaries operate outside robust oversight, leaving consumers without recourse and revealing liability fragmentation and regulatory blind spots. This paper distinguishes BaaS from open banking, open finance, and embedded finance, and maps leading global models – from bank-led …

Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Responding to renewed interest in law school as a path to a career “to do well and do good,” this essay examines Nelson, Dinovitzer, Garth, Sterling, Wilkins, Dawe, and Michelson’s The Making of Lawyers’ Careers and its account of inequality and opportunity in the American legal profession. Based on a 20-year study of more than 2,000 lawyers, the book traces how credentials, race, gender, class, and law school selectivity profoundly shape career trajectories. The essay situates those findings within the divide in private practice between corporate practice and people law and interrogates the professional ideology—rooted in the lawyer’s traditional role …

Juvenile Lifers: Adapting To Life While Doing Life, Tristin Faust

Theses, Dissertations and Culminating Projects

This qualitative study examined psychosocial maturation among individuals sentenced to life imprisonment for offenses committed during adolescence. Archival interview and survey data were analyzed for 30 men who had been resentenced and released after serving an average of 31 years in prison. Findings revealed a developmental progression across four stages: pre-incarceration, initial incarceration, catalysts for change, and later incarceration. Participants described entering prison with developmental immaturity compounded by trauma, unstable home environments, educational disruption, and antisocial peer influence. Their early years of incarceration were marked by anger, fear, misconduct, and survival-oriented behavior. Over time, participants identified discrete events and ongoing …

Race, Sex, And Age Disparities In Homicide Clearance Rates In Tennessee: An Intersectional Approach, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence homicide solvability. This study examines the relationship between victim characteristics and homicide clearance rates in Tennessee from 2001 to 2023. Using an intersectional approach, it assesses whether victim characteristics both individually and in combination are related to case solvability. Variables of interest include: (1) victim race, age range, and sex; (2) year the case was reported; (3) crime type; (4) whether the case was cleared; and (5) the circumstances leading to clearance. A total of 11,534 homicide cases from the Tennessee Incident-Based Reporting System were analyzed.

Findings indicate that individual victim characteristics do not significantly predict …

Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy

Journal of Humanistic Mathematics

Pirates have taken the crew of an American ship hostage. They promise to release the hostages only if another pirate who is held in an American prison for commission of piracy crimes against American citizens, is released. Should the U.S. government enter into negotiations with them? Should they send armed forces and risk the hostages? Should they release the prisoner immediately and unconditionally? The article models and analyzes possible policies regarding sensitive situations involving hostages and other related risks using differential equations. The solutions are surprisingly simple, but not necessarily intuitive. Our analysis aims to demonstrate how powerful mathematics is …

Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In light of the philosophy underlying the Lebanese legal system, which is based on accommodating the multiplicity of personal status laws; specifically the family system for individuals in relation to marriage, parenthood, and related matters, according to the different sects and recognized religious denominations, which form an exception to the general legal system known as civil law, the general rule governing other relationships; the study aims to analyze the impact of religion on determining judicial jurisdiction in international and internal relations related to inheritance and personal status affairs.

The objective of this study is as follows:

•             To shed light …