Law Commons^™

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …

Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant

Pace Law Review

This article evaluates the challenges that have arisen from the growth of social media and its influence on the right to the fair trial process in high-profile cases. Pretrial publicity through media exposure can bias potential jurors, potentially leading to decisions based on outside information rather than courtroom evidence. The article highlights the risks associated with jurors being exposed to external information through various media sources, which can significantly impact their objectivity and ability to make impartial judgments. It scrutinizes the limitations of the existing legal framework in addressing these challenges, including the reliance on jurors’ assurances of impartiality and …

The Curious Case Of Justice Neil Gorsuch, Justin Burnworth

Pace Law Review

Justice Gorsuch has a propensity for unexpected decisions. His opinions in Bostock v. Clayton County, United States v. Vaello Madero, and McGirt v. Oklahoma confounded the legal community at large. Some argue that his Western upbringing played a role. Others argue that his time clerking for Justice Kennedy primed him for unpredictable decisions. These explanations do not get at the core of Justice Gorsuch’s legal reasoning. This article dives into the depths of these opinions to extract his “Enduring” theories of law. I argue that legal scholarship has incorrectly viewed these three decisions as isolated incidents when they are best …

Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman

Pace Law Review

This Article addresses whether Congress intended for consumers to bring implied warranty claims on consumer products under the Magnuson-Moss Warranty Act in all instances or only when a defective product is covered by a written warranty. The question, unresolved almost fifty years after the Act’s passage, is of great practical importance because consumers who bring claims under the Act are eligible for attorneys’ fees and other potential advantages not available to plaintiffs bringing warranty claims under state law. This Article analyzes the two current approaches courts have taken to address the issue: a broad approach where consumers can bring a …

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …

Bailing On The Bondsman: An Argument For Abolishing Monetary Bail, Sean Freeland M.S., J.D.

Lincoln Memorial University Law Review Archive

Money bail as a condition for pretrial release has existed throughout American history. Two out of every three inmates held in jails across the United States have not been tried for a crime and are only held because they cannot afford to pay the cost of their bail. The longer a defendant awaits trial in detention, the higher the chance they will be convicted of a crime and sentenced to a longer term than a defendant who is awarded pretrial release. The prolonged time awaiting trial in detention contributes to recidivism and increased criminalization for individuals and their communities. For …

Empowering The Eeoc: An Enforcement Strategy To Tackle Workplace Sexual Harassment, Noah Bloomberg J.D.

Lincoln Memorial University Law Review Archive

This Note argues that for Title VII to adequately combat workplace sexual harassment on a national scale, the EEOC needs stronger enforcement authority. Though Congress intended the EEOC to be the main mechanism for enforcing Title VII, it is currently too limited by federal law. Using the framework employed by the Obama Department of Education with Title IX, the EEOC can enforce Title VII in a way that not only remedies individual cases of widespread sexual harassment but also institutes a sea of change within workplace policies as a means of proactively addressing sexual misconduct, similar to how Title IX …

Lethal Injections: Protocol Plagued With Secrecy And Flaws Ushering In The New Era Of Botched Executions, Willow Van Skyhawk

Lincoln Memorial University Law Review Archive

Since its adoption as the primary means of execution in the United States, lethal injections have exasperated issues of cruel and unusual punishment. Despite having the best public sentiment, lethal injection protocols are plagued with serious ethical concerns. The government’s attempt to humanize the death penalty resulted in medical abuse and botched executions. This Note explores such malign lethal injection protocols, the remedial efforts made to address such protocols, and whether the legal injection system can exist without harm. The reformation of lethal injection protocols is a societal responsibility. Americans must decide how comfortable society should be with the inconsistency …

Originalism's Time Machine: A Resurrected Relationship To The State, Douglas B. Mckechnie J.D.

Lincoln Memorial University Law Review Archive

For almost sixty years, the constitutional understanding of physical autonomy in the U.S. included the right to end a pregnancy. This modern understanding of constitutional rights began with the Supreme Court’s evolutive interpretation of the Constitution in the mid-Twentieth Century and continued to expand into the Twenty-first Century. In Dobbs v. Jackson Women’s Health Organization, however, the Court reasoned that the right to physical autonomy it had identified fifty years earlier, in Roe vs. Wade, was not deeply rooted in the nation’s history and thus wrongly established by the Court. This Originalist interpretation of the Constitution rearranged the constitutional order. …

Prosecutorial Misconduct: Conviction By Any Means Necessary, Walter W. Harding Jr.

Lincoln Memorial University Law Review Archive

Prosecutors serve as advocates of victims and the community in criminal proceedings. Prosecutors’ primary role is to serve proper justice during these criminal proceedings. When the focus of the prosecutor is on quantity of convictions rather than quality of convictions, only injustice can result. Currently, prosecutors are expected to self-regulate their own offices to prevent prosecutorial misconduct. Yet, all attorneys and all judges have rules of professional and judicial responsibility to report such misconduct. Furthermore, sovereign and qualified immunity protects prosecutors, who commit misconduct, to gain convictions. There is a need to remove these immunity protections from prosecutors, who commit …

Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady

Maine Policy Review

Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …

Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang

Washington Law Review

Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …

Rights Without Remedies: How The Illinois Post-Conviction Hearing Act’S Standing Requirement Has Failed Defendants, Nate Nieman

Northern Illinois University Law Review

The Illinois Post-Conviction Act is a procedural mechanism that allows a criminal defendant to assert that his federal or state constitutional rights were substantially violated during trial or at sentencing. The passage of the Act expanded a defendant’s ability to challenge his conviction and sentences collaterally, where before the Act, he had only been able to raise these challenges on direct appeal. However, the Act’s strict standing requirement precludes defendants from relief once they have completed their sentence, ignoring the fact that many important, life-altering civil consequences resulting from criminal convictions occur after a sentence has concluded.

This Article argues …

The Future Of Employee Job Security In Illinois, Daniel S. Alcorn

Northern Illinois University Law Review

The at-will employment doctrine is more than a century and a half old. Illinois has long subscribed to the at-will employment doctrine, but the doctrine is dying a slow death. The doctrine has positive and negative aspects, but the lack of employee job security will prove to be a fatal flaw. The doctrine is not so well founded in reason or legal history to save it. Employee job security is becoming increasingly desirable and important. The legislatures and courts are making significant inroads on the doctrine to protect employee job security. A bill to abrogate the doctrine and require cause …

Illinois’S Marijuana Madness: A Protectionist Scheme Of An Illegal Market In The Shadow Of The Constitution, Alec C. Moehn

Northern Illinois University Law Review

From prohibition to legalization, Marijuana has had a storied legal history in the United States, but its story is not quite over. A new gray area is coming to the forefront of the legal field: Marijuana is illegal federally but legal in many states. This Note discusses how some states, including Illinois, are operating in that gray area to better their political and economic goals, but the Constitution places a barrier to do so with the Dormant Commerce Clause. States are not free to discriminate against other states or out-of-state economic actors, and Illinois does just that with the Cannabis …

A Right To Fly: Navigating The Air Carrier Access Act And The Americans With Disabilities Act Following Alexander V. Sandoval, William Belles

Northern Illinois University Law Review

There are approximately 54 million disabled individuals in the United States. Those 54 million American citizens live their day to day lives differently than the average person, facing difficulties most others cannot comprehend. While legislation has come a long way in recent decades, one area that has remained stagnant is how we treat disabilities on airplanes. Despite legislation remaining relatively stagnant, judicial opinions have not. In fact, many United States Circuit Courts have determined that the Air Carrier Access Act, which provides limited protections on airplanes, does not confer a private cause of action for violations. As a result, the …

Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps

The Cardinal Edge

This paper begins by examining the unionization efforts of the Louisville Metro Public Defender Corporation and seeks to link those conditions with national trends to cultivate a rich understanding of why the attorneys are unionizing and what policy solutions they hope to achieve. After surveying the sources of funding and oversight for indigent defense across varying state systems, it synthesizes a policy recommendation wherein federal intervention (National Labor Relations Board), state and local government budgetary oversight and appropriations powers (Kentucky General Assembly, Louisville Metro Council), and the collective bargaining and unionization process (concerted activity), protected by law, are utilized in …

Constitutional Law—Filling The Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism, Madalyn J. Goolsby

University of Arkansas at Little Rock Law Review

No abstract provided.

Defamation In The Twenty First Century: Some Observations And A Brief Taxonomy, John G. Culhane

Lincoln Memorial University Law Review Archive

Defamation law has had a bumpy ride lately. Designed as a mechanism for the restoration of unfairly sullied reputations, recent high-profile cases have revealed the tort’s limitations in the era of social media saturation and virality. Some of these cases should never have been brought, while others would more naturally have been based in other torts, including intentional infliction of emotional distress or interference with business relations.

Beginning with a brief, targeted history of defamation law that focuses on its essential purpose, this article then discusses several recent, high-profile cases that have both exposed the limitations of defamation law and …

A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk

St. Mary's Law Journal

No abstract provided.

On Bringing Alternative Methods To Legal Research Instruction, Tanya M. Johnson

Northern Illinois University Law Review

Legal research is typically taught in a predictable, traditional way, but this doctrinal approach does not provide the skills and techniques needed for research in support of social justice efforts. This essay discusses a legal research course that I teach called Research for Social Justice, which incorporates critical and alternative methodologies that are not usually taught in legal research classes. After describing the content of the course, I focus on explaining what alternative legal research would entail, including a discussion of some alternative methods and strategies that I teach in my course with the goal of introducing students to a …

Notes For A New Legal Research Pedagogy, Nicholas Mignanelli

Northern Illinois University Law Review

Do societal power structures shape the organization of legal information? Do they embed biases in legal research tools? If so, how can the insights of critical legal theory assist us in contending with this phenome-non? An entire body of scholarly literature using the lenses of critical legal studies, feminist legal theory, and Critical Race Theory to examine legal information and the legal research process has grown up around answering these questions. However, the theories, methods, and strategies proffered by the scholars writing in this area are rarely taught in the legal research classroom.

I begin this Essay with a discussion …

Integration & Transformation: Incorporating Critical Information And Literacy And Critical Legal Research Into Advanced Legal Research Instruction, Courtney Selby

Northern Illinois University Law Review

Today’s law students exist in an information ecosystem where access to information is plentiful. Between the open web and the proliferation of databases offering countless research resources, retrieving potentially relevant search results is relatively easy. The struggle for our students is filtering through seemingly endless search results to find the best resources for the legal problem at hand. For many of us, the summer of 2020 was a watershed moment, not because of the pandemic, but because of the brutal murder of George Floyd. Make no mistake, there was a genuine need for CIL and CLR in our legal research …

Jane Crow Constitutionalism, Evan D. Bernick

Northern Illinois University Law Review

On June 24, 2022 The United States Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization; overturning Roe v. Wade, and destroying fifty years of precedent to protect the constitutional right to abortion in the United States. This overturning sets a dangerous, new precedent that reinforces the State’s control of reproduction, and criminalizes a woman’s right to choose, with very few exceptions. In states like Mississippi, Black women are already experiencing the highest rates of maternal mortality, incarceration, and poverty.

This article posits that Dobbs operates to maintain a racialized and gendered underclass, and names this phenomenon …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

Asking For It: Gendered Dimensions Of Surveillance Capitalism, Jessica Rizzo

Emancipations: A Journal of Critical Social Analysis

Advertising and privacy were once seen as mutually antagonistic. In the 1950s and 1960s, Americans went to court to fight for their right to be free from the invasion of privacy presented by unwanted advertising, but a strange realignment took place in the 1970s. Radical feminists were among those who were extremely concerned about the collection and computerization of personal data—they worried about private enterprise getting a hold of that data and using it to target women—but liberal feminists went in a different direction, making friends with advertising because they saw it as strategically valuable.

Liberal feminists argued that in …

Blatant Discrimination Within Federal Law: A 14th Amendment Analysis Of Medicaid’S Imd Exclusion, J. Michael E. Gray, Madeline Easdale

University of Massachusetts Law Review

A discriminatory piece of Medicaid law, the institution for mental diseases (IMD) exclusion, is denying people with serious mental illness equal levels of treatment as those with only primary healthcare needs. The IMD exclusion denies the use of federal funding in psychiatric hospitals for inpatient care. This article discusses the history and collateral implications of the IMD exclusion, then examines it through the lens of the Equal Protection Clause of the Fourteenth Amendment, argues that people with severe mental illness constitute a quasi-suspect class, and that application of intermediate scrutiny would render the IMD exclusion unenforceable.

Comment: Instilling Ordered Procedure In Assessing Motions For Reduced Sentences Under Section 404 Of The First Step Act, Michael C. Vega

Northern Illinois University Law Review

This Comment discusses the lack of ordered procedure in assessing motions brought pursuant to § 404 of the First Step Act of 2018. For nearly a quarter century, federal cocaine sentencing subjected crack-cocaine offenses dealing in one-hundredth the quantity of drug to the same statutory penalty as powder-cocaine offenses. This disparate treatment of drug offenses impacted primarily African Americans. The Fair Sentencing Act of 2010 reduced the disparity but applied only prospectively. Section 404 of the First Step Act made certain provisions of the Fair Sentencing Act retroactive. In the ensuing years, the federal courts have disagreed on the precise …

Renegotiating The Colorado River Compact: How A One Size Fits All Approach Has Led To A State Centric Future, And How The Commerce Clause Can Solve It, Erica Porvaznik

Northern Illinois University Law Review

While equitable division of water supplied by the Colorado River has been dictated by the Colorado River Compact for over one hundred years, this agreement has only served to create an inequal, power dynamic amongst all the states and parties to the Compact.

The current provisions controlling the apportionment and usage of the water are set to expire in 2026. Therefore, there is a path forward for the water to be divided in a new way, specifically, by Congress. I argue that Congress should assume authority over the Colorado River and apportion the water under their Commerce Clause power, as …

Comment: The Unjust Side Of Civil Asset Forfeiture In Illinois: Innocent Victims And Corrupted Incentives, Sarah Farwick

Northern Illinois University Law Review

Under the broad scope of modern civil asset forfeiture, law enforcement agencies routinely deprive citizens of their property without ever formally charging them with a crime. This system diminishes the ideal values of American justice, yet the Supreme Court has long held that civil asset forfeiture is constitutional, leaving prospects of judicial reform unlikely. Therefore, it is crucial that individual states take action to protect their citizens by abolishing the use of civil asset forfeiture. In 2017, the Illinois General Assembly attempted to reform its civil asset forfeiture system, but upon close analysis and application of the statute, it is …