Law Commons^™

Arbitration Agreement Conducted Through Modern Technological Devices, Mohammad Friehat

Jordan Journal of Applied Science-Humanities Series

This study addresses the arbitration agreement conducted through modern technological devices, which is fundamental to the arbitral process. It represents the first step in bringing a dispute to arbitration and grants the authority to the arbitrator to resolve the conflict. The researcher employed a descriptive and analytical approach to describe the agreement, including its concept, conditions, formal and objective statements, and the analysis of legal texts to demonstrate the legal basis in both the Jordanian arbitration law and the Jordanian electronic transactions law. The study reached several conclusions, the most significant of which is that the arbitration agreement can be …

Indonesian Constitutional Court’S Moral Legitimacy: A Dworkinian Rights-Based Defense, Prisilia Kornelia Moonik

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study discusses the moral legitimacy of constitutional adjudication in general, with a particular focus on the Indonesian Constitutional Court. Moral legitimacy is crucial as it justifies the necessity of Constitutional Court—not merely because of its existence is stipulated by the 1945 Constitution. This issue is also discussed in response to the legislature’s (the People’s Representative Council) adverse reactions to the Constitutional Court, including efforts to weaken its authority. Additionally, moral legitimacy is also related to the well-known critique of constitutional adjudication: the counter-majoritarian difficulty. This study draws on Ronald Dworkin Rights-Based Theory, which defends constitutional adjudication as a means …

Navigating Legal Constraints: A Phenomenological Study On Black Educators’ Experiences With Integrating Race-Related Topics In K-12 Education In North Central Texas, Christa H. Hicks

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to explore the lived experiences of Black educators in North Central Texas as they navigated the legislative restrictions placed on teaching race-related topics in public schools. The theory guiding this study was the critical race theory framework, which provided insights into how societal structures contribute to inequalities and shape the professional experiences of Black educators working within the constraints of laws that limit the teaching of race-related topics. The central research question was: What are the lived experiences of Black educators in North Central Texas on navigating the legislative restrictions of teaching race-related …

A Remedy For A Distressing Situation: Discrimination Against Children With Disabilities In Public Education, Joshua P. Sarsfield

San Diego Law Review

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may …

V.62-2, 2025 Masthead

San Diego Law Review

No abstract provided.

Autopsy Of A Doctrine: Loper Bright’S Implications On Inevitable Artificial Intelligence Regulation And Congressional Considerations For An Organic Statute, Jack T. Edmond

San Diego Law Review

Because AI is sufficiently unique from other regulated technologies, Congress should ensure that a federal agency regulating AI retains authority to interpret and effectuate its organic statute by incorporating Chevron-like deference into the statute, thus insulating the agency from judicial challenge. Part II of this Case Note introduces fundamental background on the Administrative Procedure Act (APA) and the Chevron doctrine, both of which are necessary to contextualize Loper Bright and the present argument. Part III reviews Loper Bright’s majority, dissenting, and concurring opinions, and describes how experts predict the decision will fundamentally change agency statutory interpretation and operations. …

Trying Typicality—Plaintiff Cherry-Picking And Trial Distortion In Ramirez V. Transunion Llc And Beyond, Daniel Esses

San Diego Law Review

This Article supplements scholarly commentary on the U.S. Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez by examining some critical issues that the underlying litigation in the lower courts raised but that the Supreme Court did not address in its review. Although scholars have analyzed and critiqued the Supreme Court’s Ramirez decision, the litigation as a whole has been neglected. The Ramirez trial and the Ninth Circuit opinions that preceded Supreme Court review are fertile vehicles for reflecting on important issues that arise when class actions are tried to a jury.

The Article argues that Ramirez illustrates a problem …

Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards

SMU Journal of Undergraduate Research

This literature review presents a vital exploration of colonialism, the illegal annexation of Hawai’i, and the subsequent emergence of the tourism industry as a neocolonial enterprise. Neocolonialism is the process of colonial dominance through modern exploitation, which is masked through economic opportunities and has left territories and their native people dependent on it. By tracing the major historical events in Hawai’i highlights how education was a vital aspect of Native Hawaiian culture, empowering its people - a stark contrast to the current education system where the education system perpetuates the commodification of Native Hawaiian culture. Education has played a pivotal …

The Crime Of Property Usurpation In Jordanian Law: A Comparative Study, Hamzeh Abu Issa

Jordan Journal of Applied Science-Humanities Series

This study aimed to shed light on the legal aspects of the crime of real estate usurpation as defined in Article 448 of the Jordanian Penal Code No. 16 of the year 1960, by analyzing the elements of the crime and reviewing the associated punishments and aggravating circumstances, as well as outlining the procedures for criminal prosecution of this crime. Employing a descriptive and analytical legal research methodology, the study compares Lebanese and Egyptian laws and emphasizes the importance of following the stance of the Jordanian judiciary throughout all areas of research. The research concluded with several findings and recommendations …

Legal Guarantees For The Secured Creditor To Follow Up On The Mortgaged Property Registered In The Saudi System: A Comparative Study, Zaben Al-Zaben

Jordan Journal of Applied Science-Humanities Series

Even though positive protection is achieved through general collateral for creditors as a whole, the creditor cannot claim superiority over other creditors. This means that such general collateral is not sufficient for the creditor, as it cannot eliminate all the credit risks they encounter. Consequently, the creditor resorts to collateral in the form of security related to a specific real estate asset, which provides the creditor with securities in accordance with the mortgage contract. This mortgage contract can be pursued by the creditor; however, individual monitoring is subject to formal guarantees, which means that objective guarantees cannot achieve their intended …

The Most Important Practical Obstacles That Hinder The Fight Against Money Laundering, Aqel Maqableh

Jordan Journal of Applied Science-Humanities Series

This study examines the major obstacles to combating money laundering at both national and international levels. A significant obstacle is bank secrecy, which prevents banks from disclosing client information, including account numbers and transaction details, to protect client interests. Criminal investigators face challenges in gathering evidence due to the transnational nature of money laundering and the sophisticated methods used by perpetrators. Banks may not fulfill their duty to monitor transactions despite their critical role in combating money laundering, as deposits and withdrawals primarily occur through them. Laws require banks to report transactions exceeding certain amounts, yet compliance may be lacking. …

Division Of Utility In Jordanian Legislation: The Possibility Of Combining Temporal And Spatial Division, Anan Younis

Jordan Journal of Applied Science-Humanities Series

This study examines the Jordanian legal perspective on the combination of temporal and spatial division of utility in utilizing common properties to assess the efficiency of the Jordanian legal system in this context. The study begins with an introduction in which the researcher highlights the significance of the topic. The first section defines the concept of "division of utility," detailing its types and importance. The second section outlines the terms and conditions associated with the "division of utility" as well as its effects. Key findings from the study indicate that the "division of utility," understood in its true sense as …

The Penal Protection Of Invention According To The Jordanian Patent Law, Muhannad Al-Haddad

Jordan Journal of Applied Science-Humanities Series

Patent Law No. (32) of 1999 specifically protects the right to a patent through Article 32 of the same law. Therefore, this study is divided into two sections. The first section deals with patent crimes. Article 32 specifies that cases of assault on the invention subject to the patent are limited to three crimes: the crime of imitating the invention, the crime of dealing with counterfeit products, and the crime of misleading data. Each crime has its own elements. The second section is devoted to the study of the penalties prescribed for violations of the patent law. The penalties include …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …

An Alternate History Of Chevron, With A Lesson For Today, Michael Herz

Fordham Environmental Law Review

It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …

In Re: Discipline Of Hardeep Sull, 141 Nev. Adv. Op. 13 (2025), Mckay Herrera

Nevada Supreme Court Summaries

AN attorney had violated NRPC 1.15 and 1.16(d) to deposit an advanced fee into the firm’s client trust account and failing to account for and refund client funds after the client terminated her representation.

Law School News: Remembering Bruce I. Kogan (Nov 1944-Aug 2025) : Founding Faculty, Beloved Teacher, And Lifelong Champion Of Rwu Law 08-28-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Hydrosocial Ocean Commons: Offshore Wind Energy In Oregon, Bryce Ashlyn Sprauer

Dissertations and Theses

The ocean has been culturally and legally conceptualized as a commons, a space of subsistence inherited by all. Enclosure or privatization creates overlapping jurisdictions of ocean space. The ocean is also the world's most significant carbon capture, absorbing billions of tons of anthropogenic carbon dioxide since the Industrial Revolution. Now, the ocean offers an additional opportunity to decarbonize energy production and reduce greenhouse gas emissions through 'new frontiers' of offshore wind technology; however, this potential is entangled within neoliberalism. Offshore wind is entering a fragmented legal landscape where the social-legal process of ocean jurisdiction remains contested. As the "new frontier" …

Navigating 1l First-Gen Professional Office Hours, Cardozo Women's Law Initiative

2025–2026 Flyers

Please join us for an informal office hour for an opportunity to connect with 2lL & 3L first generation professionals/law students. This is a casual event where 1L first gen students/profession are are encouraged to ask questions and gain insight from those who have navigated the legal field without a blueprint.

Testimonios: The Experiences Of An Undocumented Student In California Post-Daca Rescindment, Isabel Rangel

McNair Research Journal SJSU

After Deferred Action for Childhood Arrival (DACA, 2012) was rescinded

by the Trump Administration in 2017, many students were left in “limbo

legality” (Gonzalez 2012) This study addresses the question, “What are the

experiences of undocumented students regarding their academic motivation

toward graduation now that DACA has been rescinded at San Jos. State

University (SJSU)?” Grounded in a Chicana Feminist Epistemology

approach, the methodology of testimonio is used to capture the experiences

of the author alongside an undocumented graduate student. Findings

suggest that college campuses should incorporate faculty knowledgeable in

policies that affect undocumented students, Undocumented Ally trainings

in college …

Uncovering The Ai-Copyright Trap, Carys Craig

Conference Papers

As AI tools proliferate, law and policy makers are being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. Professor Carys Craig warns that, in our haste to act, we risk running headlong into a copyright trap. In this presentation, Craig will explain what she means by the “AI copyright trap”, the routes by which it draws people in, and why it threatens to obstruct the path towards responsible and ethical AI. (Note: Presentation delivered online on August 26, 2025, as part of the AI Literacy Center's programming).

Law School News : A New Class Of Changemakers : Record-Breaking Class Of 2028 Begins Legal Education 08-26-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

The Problem Of Market Power In Postwar America: Antitrust Law, Regulatory Discourse, And Changing Ideas Of Market Power, Laura Phillips-Sawyer

Scholarly Works

US antitrust law prohibits anticompetitive restraints of trade, including collusion among firms and single-firm monopolization. The law serves as a democratic check against concentrations of private economic power. However, in the post-World War II era, the law has changed largely through case law, rather than through statutory interventions. Thus, understanding the role that antitrust law has played in reconciling capitalism and democracy requires us to ask what has influenced changes to antitrust law. This chapter traces antitrust law’s postwar development across three key periods: 1940–1970s, mid-1970s to 2010s, and 2010s to present. It argues that each era’s approach to the …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

Music Executives From Universal Music Group Speak To Cardozo’S Entertainment Law Society, Ansley Henderson

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On Thursday, August 21, 2025, Cardozo’s Entertainment Law Society hosted a panel discussion with Jermaine “Maine” Maxwell (A&R at Def Jam, Universal Music Group), Shaniqua “Haarlem” Branch (VP of A&R at Republic Records, Universal Music Group), Trevor Casson (Senior Director Business & Legal Affairs at Universal Music Group for the East Coast labels), and Rachel Landy (Cardozo Professor with over a decade of experience in the music industry). The panel was moderated by Brennan Gerspach (Entertainment Law Society Music Co-Chair, Class of 2027). The event was promoted to students as, “From Studio to Statute: Navigating Creativity, Innovation, and Law …

The State Of The Unions 2025: A Profile Of Organized Labor In New York City, New York State, And The United States, Ruth Milkman, Joseph Van Der Naald

Publications and Research

Organized labor has taken center stage in the 2020s, with workers leading successful organizing drives at Amazon, Starbucks, Apple, and across a range of industries from health care to higher education. Public approval of unions has reached its highest level in decades, and a new generation of workers is stepping forward as leaders in the movement. The State of the Unions 2025 provides the most comprehensive profile of organized labor in New York City, New York State, and the United States, highlighting where unions are growing, who is leading the charge, and how labor is shaping the future of work …

Vol. 69, No. 03 (September 8, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 69, No. 02 (September 1, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 69, No. 01 (August 25, 2025)

Indiana Law Annotated

No abstract provided.

Law School News : Spotlight On Trial Advocacy With Jamie Gau, L'16 : Alum And Adjunct Professor Reflects On The Strengths Of Rwu Law's Trial Advocacy Program 08-25-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.