Law Commons^™

International Transportation Law, James Henry Bergeron, Attilio M. Costabel, Andrew M. Danas, Gregory C. Maddaleni, Rebecca Fenneman

The Year in Review

No abstract provided.

International M&A And Joint Ventures, Renata Antiquera, Jason Saltzman, Sydney Dennis-Birnbaum, Francisco Ugarte, Alejandra Daroch, Luigi Pavanello, Pawel Sikora, Anton Dzhuplin, Kristina Akalovich, Natella Kortiashvili, Albert Garrofé, Idoya Fernández, Lola Tejero, Mark Howard

The Year in Review

No abstract provided.

International Energy, Natural Resources, And Environmental Law, Jonathan Mcgowan, Josè Sampaio, Mariana Ardizzone, Ricardo Alves Silva, Sara Frazão

The Year in Review

No abstract provided.

International Contracts, Deana Davis, Izak Rosenfeld, Alison Strongwater, Martin E. Aquilina, Vicky Li, Willem Den Hertog

The Year in Review

No abstract provided.

South Asia/Oceania & India, Namrata P. Rastogi, Aseem Chawla, Soniya Dodeja, Sanjay Notani, Naghm Ghei, Amit Gupta, Vidhi Goel, Hari Sankar Mahapatra, Katherine Maddox Davis, Alisa Rukbankerd

The Year in Review

No abstract provided.

China, Yanling Zheng

The Year in Review

No abstract provided.

Mexico, Kelsey Quigley, Josè Luis Lizárraga, John Walsh, Danielle Morris, Maria Camila Hoyos, David Ross, Lauren Mandell, Noah Guiney, Carlo Cannizzo, Enrique García, Vanessa Romero

The Year in Review

No abstract provided.

Canada, Jacob Mantle, Danny Yeo, Peter Jarosz, Tayler Farrell, Gannon Beaulne, Megan Steeves, Adam Mauntah, Salma Kebeich

The Year in Review

No abstract provided.

International Legal Developments Year In Review: 2021, Jason S. Palmer, Kimberly Y. W. Holst

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.

A Principled Approach To Equitable Compensation Undea Principled Approach To Equitable Compensation Under Erisa § 502(A)(3)R Erisa § 502(A)(3), Gabriel Juedemann

University of Chicago Law Review

In many cases, a beneficiary of an employee benefit plan suffers an injury due to a fiduciary’s misfeasance, but the beneficiary does not have a claim under ERISA’s benefit-recovery provision. In these circumstances, the beneficiary’s only path to relief is § 502(a)(3)’s authorization of “appropriate equitable relief.” But whether that provision permits monetary compensation when a beneficiary sues a fiduciary is a question the Supreme Court has not cleanly resolved, and circuit courts have fractured as a result.

This Comment argues that equitable compensation—or surcharge—should be available under § 502(a)(3) when a beneficiary sues a fiduciary, but only under certain …

Administrative Acquiescence: An Analysis Of Nonadverse Litigation Involving Administrative Agencies, Sami Winawer

University of Chicago Law Review

When an administrative agency declines to defend the constitutionality of its structure, courts must grapple with the unusual scenario in which the parties before it agree—or at least do not disagree—on the merits of the constitutional question at issue. This Comment seeks to provide some clarity to this area of the law by proposing a multifactor framework for courts to use at the standing stage when determining the justiciability of a question when the Executive declines to defend a federal statute, and explaining how these factors can be weighed in cases in which an administrative agency declines to defend some …

The Non-Binding Bind: Reframing Precatory Stockholder Proposals Under Delaware Law, Kyle A. Pinder

Michigan Business & Entrepreneurial Law Review

Rule 14a-8 under the Securities Exchange Act of 1934 allows stockholders to submit proposals for inclusion in a company’s proxy materials. The rule assumes that Delaware law provides stockholders with the right to submit non-binding proposals for stockholder approval. But as many have observed, this assumption lacks a firm basis in state law, particularly in Delaware. If such a right exists, a stockholder conducting its own proxy solicitation could submit numerous precatory proposals, including those advancing narrow or special interests. This article concludes that, under Delaware law, stockholders do not have an inherent right to submit precatory proposals. Accordingly, a …

Navigating The Eu’S Corporate Sustainability Due Diligence Directive: Strategic Implications For Us Companies, Silvia Ciacchi, Michael Faure, Sharon Oded

Michigan Business & Entrepreneurial Law Review

The European Union’s (“EU”) Corporate Sustainability Due Diligence Directive (“CSDDD” or the “Directive”) introduces new human rights and environmental obligations that reshape global corporate governance. This paper explores its impact on US companies, with a particular focus on compliance strategies under both direct and indirect applicability. It contrasts tactical compliance, which emphasizes risk mitigation while meeting minimum legal requirements, against strategic compliance, where companies use sustainability to gain a competitive edge in the market.

This paper highlights how varying enforcement levels across EU Member States may incentivize companies to “forum shop” or choose jurisdictions with more relaxed enforcement. It also …

Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom

Michigan Journal of Race and Law

With the question of birthright citizenship before the Supreme Court this term in Trump v. Barbara, this Article explores the last time that federal courts confronted an attempt to restrict birthright citizenship. It tells the story of two lawsuits, Regan v. King and Fisk v. Wade, filed in 1942 by organizations seeking to overturn United States v. Wong Kim Ark, the 1898 Supreme Court decision that affirmed the broad scope of birthright citizenship under the Fourteenth Amendment. While the cases left little mark doctrinally, their history sheds light on a dimension of birthright citizenship litigation that has …

Police Surveillance And The Perils Of Techno-Solutionism, Prithika Balakrishnan

Michigan Journal of Race and Law

This Article charts domestic law enforcement’s use of video surveillance, beginning in the backlash to the Civil Rights movement in the late 1960s, continuing through the War on Terror and, more recently, in the context of the post-George Floyd public critiques of policing. The undergirding philosophy of policing’s embrace of surveillance technology is techno-solutionism, the view that all complex social situations can be simplified to measurable data primed for quick-fix, unbiased, algorithmic answers. While technology may have initially been adopted by police to respond to specific problems, it has changed the problems themselves, altered the array of potential solutions, and …

The Vanishing Voice: Juror Disenfranchisement In Capital Cases And The Erosion Of Constitutional Protections, Yacenda Hudson

Michigan Journal of Race and Law

After years of battling to have an uninfringed right to vote and participate on a jury panel, the removal of the unanimity requirement for a death penalty recommendation threatens to disenfranchise minority jurors, thereby implicating the Sixth and Fourteenth Amendments. The death penalty is one of the most controversial issues in our society, and it has evolved over time. Due to a paradigm shift in beliefs, the death penalty’s constitutionality was challenged under the Eighth and Fourteenth Amendments. Pivotal legal decisions, such as Furman v. Georgia and Hurst v. Florida, required states to institute changes to the death penalty. …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis A. Bradley

University of Chicago Law Review

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

Native Marburys: Judicial Review In Tribal Courts, Elizabeth Hidalgo Reese

University of Chicago Law Review

Not all of America’s courts have judicial review. This Article is the first to dis- cuss a body of judicial review case law in which this extraordinary judicial power has been rejected, is a recent development, or is not yet a settled question—judicial review cases from tribal courts. In a time when skepticism about the power that judicial review gives to the federal courts is at an all-time high, it is that much more important that we look to other examples of government systems wrestling with whether to give their courts the power of judicial review—to other courts that are …

Establishing A Right To Civil Transcription, Shruti Bax

University of Chicago Law Review

Court reporters have long been a fixture of American jurisprudence, but tightening state budgets and a nationwide shortage of certified reporters have left many state court civil proceedings without any form of verbatim transcription at public expense. While litigants with means can hire private court reporters to accompany them to their proceedings, indigent parties must go without—even though the absence of a transcript is often deadly to one’s chances of prevailing on appeal, no matter how meritorious the claim.

In the 1956 case Griffin v. Illinois, the Supreme Court held that the principle of equal justice demands that “[d]estitute defendants …

When Dentists Spoke Up, The Law Changed, Timothy Rath

The Journal of the Michigan Dental Association

This article details how grassroots member advocacy led to the passage of Michigan Senate Bill 105. Championed by the Michigan Dental Association, the law requires insurers to offer at least one fee-free payment method for dental reimbursements, protecting practices from being forced to pay transaction fees of 3% to 5% to access virtual credit card payments. Once a dentist opts out under the new law, insurers must maintain the alternative payment method. This legislative victory highlights the power of organized dentistry in relieving the administrative and financial burdens faced by individual practitioners amid rising operational overhead costs.

Evaluating The Case Against Fda Independence, Patricia J. Zettler, Rachel E. Sachs

Utah Law Review

Many former FDA officials, both politically-appointed leaders and those from the career ranks, as well as numerous FDA scholars have advocated for increased FDA independence in varied forms, and for good reason. At the same time, there are advantages to FDA’s current structure, and there may be ways to insulate career scientific experts’ decisions from political influence and to address other problems by generating independence, without overhauling the agency’s design. Policymakers should consider all options, as particular independence features may, or may not, be the best way, to address concerns about FDA’s capacity to carry out its vital public health …

Fda In 2050: Best- And Worst-Case Scenarios, Michael S. Sinha

Utah Law Review

In 2025, the Trump administration disrupted many critical aspects of the biomedical research infrastructure in the United States. The Food and Drug Administration (FDA) was not spared. Robert F. Kennedy, Jr., a known vaccine denier with no health care experience, was confirmed as Secretary of the U.S. Department of Health and Human Services (HHS) in February 2025, followed by the confirmation of Dr. Martin Makary as Commissioner of the FDA in April. Departures of long-time FDA scientists, coupled with appointments of key personnel, seemingly because of their public stances on COVID-19 mRNA vaccines, have resulted in a tumultuous year for …

A Primer Of Medical Device Regulation: How To Go From Reactive To Proactive To Better Protect Patient Safety, Sneha Dave, Rita F. Redberg

Utah Law Review

FDA oversight of medical devices has too often been reactive, following preventable disasters rather than based on a proactive commitment to patient safety. The history of the device framework, the expansion of expedited pathways, weak postmarket surveillance, broad preemption, and conflicted patient advocacy together create a perfect storm of a regulatory environment that tolerates uncertainty and externalizes costs onto patients. Reforms such as time‑limited breakthrough status, mandatory and enforceable postmarket studies, requirements for more robust safety and efficacy data, and strengthened reporting duty for clinicians would move device regulation closer to FDA’s statutory mandate to protect public health. It would …

Fireproofing The Fda: Power, Politics, And Public Health, Daniel G. Aaron

Utah Law Review

On September 26, 2025, the S.J. Quinney College of Law hosted the Lee E. Teitelbaum Utah Law Review Symposium — Fireproofing the FDA: Power, Politics, and Public Health. The symposium is available on YouTube. Participants discussed problems longstanding and new in an attempt to chart a path for this vital agency. Topics included (1) What is the purpose of FDA?; (2) In what ways are the current Administration’s actions precedented or unprecedented?; (3) What is the current and ideal relationship between law and politics?; (4) How can law serve as an agent of public health?; and (5) How do we …

Fda Policymaking In The Trump Deregulation Era, Jordan Paradise J.D.

Utah Law Review

This Article endeavors to contribute to and continue the conversation about how the Trump deregulatory agenda is impacting a vital national public health agency, the FDA, and our national collective public health in ways that deviate from longstanding agency policy and practice. Various other FDA policy actions deserve concerted attention by legal scholars, including the agency’s recent moves in the direct-to-consumer marketing (DTC) drug space through targeted warning letters and publicity about reforming the “adequate provision” standards, food additives and generally recognized as safe (GRAS) listing processes and directives to industry, adjustments to the biosimilar interchangeability requirements through guidance document, …

Medical Device Regulation: We Can’T Just Go Back (Nor Should We), George Horvath

Utah Law Review

For much of the twentieth century, the federal Food and Drug Administration maintained its reputation as the preeminent regulatory agency, renowned for providing vigilant and scientifically rigorous oversight that ensured the safety and effectiveness of drugs and medical devices. But a former FDA commissioner recently lamented that “[t]he FDA as we’ve known it is finished.” Many commentators have raised concerns that reductions in force will leave the Agency understaffed, that these shortages will prolong review times, and that the standards applied to premarket evaluations of medical products will allow unsafe and ineffective products to reach the market. But in the …

The Fda’S New Clinical Decision Support Software Guidance And Its Implications For Artificial Intelligence, Sara Gerke

Utah Law Review

Artificial Intelligence (AI) is transforming healthcare. While the U.S. Food and Drug Administration (FDA) has authorized the marketing of more than 1,400 AI-based products classified as devices under Section 201(h)(1) of the Federal Food, Drug, and Cosmetic Act, many other AIbased products, including certain clinical decision support (CDS) software tools that provide recommendations to health care professionals about diagnosis, treatment, or prevention of a disease or condition, have been placed on the U.S. market without FDA premarket review. On January 6, 2026, the FDA issued a revised CDS Guidance, which superseded the September 28, 2022 CDS Guidance. Shortly after, the …

Post-Approval Problems, Anjali D. Deshmukh M.D., J.D.

Utah Law Review

Sitting across from 4-year-old Jessica’s parents, I whispered the truth: the most promising drug to fight their daughter’s disease was a therapy approved for adults, not for children her age. We could estimate the dose, monitor her organs, and hope the toxicity would not outpace the benefits, but there was no high-quality clinical trial data proving it was safe for kids like her yet, despite congressional mandates. Unexpected safety issues are often identified after drugs are approved and used outside of a closely controlled clinical trial, especially in understudied populations like children, the elderly, and pregnant women. When I asked …

A Sign Of Our Times: Cities, Protest And Public Space, Susan Drucker

Proceedings of the New York State Communication Association

The U.S. is a country born out of protest, a nation which enshrined in its Constitution the right to assemble and petition the government, which includes the right to protest peacefully. Cities are spatial media and the site of much current contentiousness and controversy in the Trump administration’s America.  Cities can be symbols of protest such as sanctuary cities. Appropriation of everyday urban spaces and activities has been key to opposition politics. City streets have historically been the site of sign toting protesters watched o masked members of U.S. Immigration and Customs Enforcement (ICE). This paper explores the historical and …