Law Commons^™

Tariffs And The Progressive Fiscal Constitution, Lawrence J. Liu, Alex Zhang

Scholarship@WashULaw

For more than a century, progressive taxation has constituted the American fiscal state. A resurgent and expanding tariff regime, however, threatens that commitment to progressive distribution. Given the ongoing popularity of tariffs, this Article examines how they might be designed and administered in a way that mitigates their regressive distributive impact. The Article thus develops and assesses proposals to (1) vary tariff burdens in accordance with the consumption of imported goods, (2) reduce income- or payroll-tax burdens on lower-income households, and (3) earmark tariff revenue for specified spending programs. Although none is perfect, we seek to articulate possibilities and highlight …

Tax Exceptionalism After Loper Bright, Conor Clarke, Noah Hertz Marks

Scholarship@WashULaw

We consider how tax regulations should be reviewed in a post-Chevron world. In 2011, the Supreme Court’s Mayo Foundation decision subjected Treasury regulations to ordinary Chevron deference, rejecting National Muffler’s tax-specific standard of review and declaring that the Court was “not inclined to carve out an approach to administrative review good for tax law only.” In 2024, Loper Bright overruled Chevron. This Article asks what Loper Bright means for Mayo—and, in turn, for National Muffler.

We reject the simple inference that Loper Bright automatically revives National Muffler. But we argue that National Muffler nonetheless …

C.A.S. Full Assessment Report: State Of Florida Government Portal, Delante Clark

Graduate Scholarship and Creative Works

The purpose of this assessment is to evaluate the cognitive overhead, transparency, and attentional integrity of

official State of Florida digital interfaces using the Cognitive Attentional Standards (C.A.S.) platform.

While the Florida Digital Bill of Rights (FDBR) establishes strict regulatory guardrails for consumer data

transparency, tracking opt-outs, and attentional safeguards, the State of Florida explicitly exempts its own

government agencies, public universities, and non-profit entities from complying with these rules.

This assessment serves to investigate the tension between legislative intent and government execution. By

analyzing public sector websites through the C.A.S. platform, this project will establish a “state-enforced vs.

state-executed” …

Digital Emblems In Cyberspace: A Deterrent Or A Target?, Fatemah Albader

Emory International Law Review Recent Developments

In 2022, the ICRC proposed a digital emblem to identify and protect medical and humanitarian digital assets during armed conflict. While this initiative marks a pivotal evolution of IHL into cyberspace, its effectiveness depends on whether states can ensure accountability, attribution, and compliance. This article argues that digitalizing IHL’s distinctive emblems, such as the red cross, is not optional but mandatory under both conventional and customary law. Once developed, states must adopt and regulate the digital emblem to protect hospital networks and medical personnel online as they are protected offline. However, emblem digitalization alone cannot deter deliberate cyberattacks or unintentional …

How International Law Failed To Minimize U.S. Use Of Burn Pits During Operation Iraqi Freedom, Sophia Mcwilliams

Emory International Law Review Recent Developments

No abstract provided.

Law Student As Client: Applying Client-Centered Lawyering Skills To Law Student Development, Rachel Johnson

Newsletters & Other Publications

In this article I demonstrate how I’ve brought my client advising skills into my work with law students. My work with law students is informed by my use of the client-centered lawyering model as adapted from my practice background. I will address how the skills of client-centered lawyering model translate remarkably well advising law students through what I call the law student-centered development model. This model of working with law students helps advisors train the next generation of lawyers in key lawyering skills through the modeling of those skills.

Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The CMC Grant Program remains a vital statewide investment in equitable access to justice and community well-being in Massachusetts. In FY2025, the Commonwealth allocated $3,100,202 to the Program, with $2,376,002 awarded directly to 12 community mediation Centers for operational support, technical assistance, and participation in statewide initiatives. These funds continued to serve as the financial foundation of the community mediation system, accounting for half of Centers’ collective revenue and enabling them to leverage an additional $2,435,797 from private, municipal, state, and federal partners—demonstrating strong public return on state appropriations. Despite a funding reduction in FY2025, the Program generated …

Nest Eggs And Lifelines: The Overlooked Strain Of Economic Volatility On 401(K) Participants, Samantha Prince

Faculty Scholarship

Many Americans rely on defined contribution plans like 401(k) plans for retirement savings. These plans do not guarantee a fixed retirement benefit; rather, the benefit is based on accumulated contributions and investment performance. When the stock market drops, so do retirement account balances. When inflation hikes living expenses, money does not go as far. President Donald Trump's policies, including those associated with tariffs, are causing economic and resource volatility leading to financial hardship. Americans worry as they watch living costs increase and their retirement savings diminish. It is well known that retirees rely on 401(k) plan balances to fund their …

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

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 …

H. Thomas Wells, Jr. Aba President (2008-2009) Collection, University Of Alabama School Of Law

Manuscript Collections

The H. Thomas Wells, Jr. ABA President (2008-2009) Collection consists of two cubic feet of correspondence, remarks, and speeches from his time as president of the organization.

To see a digital version of this collection, please visit the H. Thomas Wells, Jr. ABA President (2008-2009) Collection.

Minutes Of The Farrah Order Of Jurisprudence Notebook, University Of Alabama School Of Law

Manuscript Collections

This 58-page, typewritten notebook contains minutes of the Farrah Order of Jurisprudence of the University of Alabama, the law school's academic honor society (1937-1969). The notebook mostly contains the names of new members inducted at each meeting, as well as general housekeeping matters.

John D. Saxon Collection, University Of Alabama School Of Law

Manuscript Collections

The John D. Saxon Collection consists of documents and newspapers collected and used by attorney John D. Saxon during his time on the Associate Council Committee of the Iran-Contra Committee.

Irene Feagin Scott Collection, University Of Alabama School Of Law

Manuscript Collections

The Irene Feagin Scott Collection contains awards, letters, memorabilia, and photographs related to the life and legal career of attorney and United States Tax Court Judge, Irene Feagin Scott. The collection was generously donated by Tom Scott.

Hugo L. Black Collection, University Of Alabama School Of Law

Manuscript Collections

The Hugo L. Black Collection consists of an extensive book collection containing upwards of 950 titles, a replica of Justice Black's Alexandria, Virginia study, various Hugo Black exhibits, personal correspondence, tapes and transcripts of interviews, descriptions of court decisions, office materials, biographical and bibliographical information, photographs, student papers, lecture notes, and personal memorabilia.

Nina Miglionico Collection, University Of Alabama School Of Law

Manuscript Collections

The Nina Miglionico Collection contains books, scrapbooks, manuscripts, awards, and other materials from her professional life.

Public Law Institute Photograph Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains a series of photos and awards given to students participating in the Public Interest Institute and include the Dean's Community Service award, Order of Samaritan, and completion of the Certificate in Public Interest Law.

Aba Diamond Jubilee 3 Cent Stamp With Commemorative Cachet Collection, University Of Alabama School Of Law

Manuscript Collections

The ABA Diamond Jubilee 3 Cent Stamp with Commemorative Cachet Collection is a First Day Cover envelope bearing a stamp canceled on the date the stamp was first available for postal use.

H. L. Hall Docket Collection, University Of Alabama School Of Law

Manuscript Collections

This docket book was owned by Justice of the Peace H.L. Hall and used between 1875 and 1882. In it is recorded cases he oversaw in Cumberland County, North Carolina, which include assault charges and disputes over property, money, and children.

Jerome T. Fuller Collection, University Of Alabama School Of Law

Manuscript Collections

The Jerome T. Fuller Collection consists of documents and several volumes representing an assortment of books, legal notebooks, and practice materials from Centerville, Alabama attorney Jerome T. Fuller.

Tony Freyer Papers, University Of Alabama School Of Law

Manuscript Collections

The Tony Freyer Papers consist of research materials for Freyer's and Timothy Dixon's "Democracy and Judicial Independence: a History of Federal Courts in Alabama, 1820-1994."

Nuclear Deterrence In The Age Of Hybrid Warfare, Chick Edmond

Political Science & Geography Faculty Publications

The main mechanism through which strategic stability can be preserved amongst nuclear armed states has traditionally been viewed as nuclear deterrence. Deterrence works on the premise that catastrophic consequences will cause rational restraint due to the fear of nuclear conflict. The proliferation of hybrid warfare (the coordinated use of conventional, cyber, informational, economic, and proxy instruments below the threshold of open war) has changed the strategic environment within which deterrence now operates. This research paper assesses whether nuclear deterrence is still effective in preventing escalation in an era marked by continuous grey zone competition amongst major powers. The paper also …

Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon

Faculty Scholarship

The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …

Moral Progress In Legal Doctrine, Philip Petrov

Faculty Scholarship

This article integrates the concept of moral progress – here, moral improvement in the thinking and behavior of individuals over time – into the study of legal doctrine. The article first presents a naturalistic account of what moral progress is and describes three of its most historically and analytically important forms: (1) moral circle expansion, (2) moral domain expansion, and (3) increasing sensitivity to proportionality. The article then analyzes three historical developments in U.S. tort law that qualify as instances of moral progress: (1) the partial demise of the “suicide rule” beginning around the 1980s (according to …

Digital Assets And The Property Question, Andrea Tosato, Christopher K. Odinet

Faculty Scholarship

Is crypto property? The proliferation of digital assets such as cryptocurrencies, stablecoins, memecoins, and NFTs has confronted legal systems worldwide with three interdependent challenges: determining whether they are property, identifying their appropriate classification within property taxonomies, and establishing rules for their circulation in commerce. Our Article addresses this tripartite question—the Property Question—within American law.

The stakes here are significant. Billions of dollars in digital assets are traded daily, used as collateral, and held by custodial platforms. Yet all these transactions rest on an unresolved premise: that digital assets can be owned and are governed by established property rules. This fundamental …

Upr Report Submissions, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

Operation Midway Blitz: How Federal Immigration Agents Violated International Human Rights, Sarah Dávila A., Alejandra Palacios, Roberto A. Valdez Jr.

Faculty White Papers

No abstract provided.

Mariano Torres And Lester Wilson V. James Carlson, Et. Al., Brief Of Amicus Curiae Center For Jewish Legal Studies In Support Of Plaintiffs-Appellants And Reversal, Rona Kaufmann, Lee Wolosky, Andrew J. Lichtman, Machol Benmelech

Law Faculty Publications

Amicus curiae the Center for Jewish Legal Studies (“CJLS”)¹ is an academic organization dedicated to establishing and advancing the emerging field of Jewish Legal Studies, which examines the intersection of law and Jewish peoplehood. CJLS convenes legal and interdisciplinary scholars whose research examines antisemitism and anti-Zionism across historical periods and ideological movements, including how ostensibly political language can express hostility toward Jews as a people. Through this scholarship, CJLS develops historical and legal frameworks that assist courts in recognizing and evaluating contemporary manifestations of anti-Jewish discrimination.

Moréteau On Law, Language & Heritage, Agustin Parise, Mariano Vitetta, Michel Séjean

All Scholarship

No abstract provided.

Age, Law, And Political Economy, Alexander Boni-Saenz

Articles

This Article examines the intersection of age, class, and the law. Its central claim is that age is an essential dimension for the analysis of law and political economy. There are two primary reasons why. First, age is embedded in a large body of legal rules that structure the labor market and address vulnerabilities associated with particular life stages. Child labor laws set minimum ages for entry into the workforce, while social welfare laws use age eligibility criteria to shape the material conditions for older adults. Second, age and its sibling concept, generation, indirectly shape economic and political relations by …