Law Commons^™

Editor's Note, Brooke Bridges

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Predators With Power: Applying An Objective Standard To Address Sexual Assault And Rape Of Females In Pretrial Detention, Sara Pompeo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Newest Employee Acquisition Tool—Ai: Can Anti-Discrimination Law Regulate Bias And Who Should Be Liable?, Joslyn Kowalski

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Property Law—'Til Court Do Us Part: Massachusetts Sjc Holds Donor Entitled To Ring Upon Broken Engagement—Johnson V. Settino, 245 N.E.3d 196 (Mass. 2024), Abigail Walsh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Meta Acting On Its Own Terms, Or The Government’S? Ninth Circuit Dismisses First Amendment Claim—Children’S Health Def. V. Meta Platforms, Inc., 112 F.4th 742 (9th Cir. 2024), Brooke Bridges

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sports Law—Bad Agents Or Bad Athletes? Rethinking The Definition Of “Student-Athlete” Under The Uniform Athlete Agents Act—Williamson V. Prime Sports Mktg., Llc, 101 F.4th 302 (4th Cir. 2024), Dante Simeti

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Redefining The Pulpit: Anti-Discrimination Protections Threatened By Continuous Expansion Of The Ministerial Exception—Billard V. Charlotte Cath. High Sch., 101 F.4th 316 (4th Cir. 2024), Katelyn Glynn

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

Faculty Works

This essay examines the role of inclusivity as a foundational principle in online legal education, arguing that it is essential to fulfilling institutional missions, aligning with established pedagogical best practices, and enhancing the overall learning experience. Drawing on the development of a fully online J.D. program, the piece outlines how inclusivity can be embedded at both the institutional and classroom levels. It highlights strategies for fostering a sense of community among geographically dispersed students, including integrating online learners into broader academic and co-curricular activities, designing courses that balance synchronous and asynchronous instruction, and implementing consistent instructional standards. The essay further …

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states six principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the six principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains generative …

Defining The Field Of Wellness Law, Barbara Zabawa

Faculty Works

Some lawyers practice “wellness law” without knowing what it is and how it differs from more recognized fields of practice such as health law, public health law, and medical malpractice. This article defines the field of wellness law using in a prescriptive manner the organizational framework that identifies the common and distinctive patterns in wellness and the law that surrounds it. This examination entails reviewing statutes and cases that differentiate between conventional health care and products or services outside of it to identify the core problems that are common and unique to wellness law. Those core problems are twofold. First, …

Inconclusive History, Allen Roston

Faculty Works

No abstract provided.

Social Purpose Reit, Evan Absher

Faculty Works

The United States grapples with a severe housing affordability crisis, often attributed to restrictive zoning laws, speculative private equity investment, and policy deficiencies. Each of these factors contributes to the housing shortage, but addressing any single factor in isolation is insufficient to resolve the underlying issue. A holistic solution requires increasing housing availability across the entire affordability spectrum through both the production of new units and the preservation of existing affordable housing.

This article argues the misalignment of interests among key local stakeholders—residents, community organizations, and investors is the fundamental cause of the housing crisis. Realignment requires a transformation of …

Ai Lawyering Skills Trainers: Transforming Legal Education With Generative Ai, Alexandria Serra

Faculty Works

The integration of generative AI (GenAI) tools in legal education is not just an innovation—it's a transformative shift redefying how law students acquire and refine advocacy skills. This article examines AI’s critical role in modernizing legal education, emphasizing its potential to offer personalized, one-on-one coaching that enhances student learning and engagement. As AI reshapes the legal profession, law schools must evolve to prepare students for an AI-driven future. Serving as a practical guide, this article provides a step-by-step framework for educators and institutions to develop AI tools that simulate real-world courtroom scenarios and provide continuous, personalized feedback. It also highlights …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 2, Eve M. Brank, David J. Dreyer, Reba Ann Page, Jane Manning

Court Review: Journal of the American Judges Association

Contents

Understanding GenAI What Courts Should Know, AI Rapid Response Team of the National Center for State Courts

Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts, Pablo Arredondo and Javed Qadrud-Din

Any Sufficiently Transparent Magic... Damien Patrick Williams

Principles and Practices for Using AI, Thomson Reuters Institute/National Center for State Courts

Evidentiary Issues Raised by Artificial Intelligence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Acknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Evaluating Unacknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Want to Know More About AI? ABA …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 3 & 4, Eve M. Brank, David J. Dreyer, Reba Ann Page

Court Review: Journal of the American Judges Association

Contents

Civil Cases in the Supreme Court’s October Term 2024, Thomas M. Fisher

Consensus and Conflict Over Context: Select Criminal Law and Procedure Cases from the Supreme Court’s 2024-25 Term, Eve Brensike Primus and Elena Schultz

Yes, There’s a Public Trust Crisis but Your Daily Efforts Can Reverse It, Emily LaGratta and Tom R. Tyler

Was That Wrong? Spontaneity’s Role in Judicial Discipline Allegations, John W. Valente, Shawn C. Marsh, and Tahliah Ling

Correction: Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts

Editors' Note, Reba Ann Page and David J. Dreyer

Thoughts from Canada: The Supreme …

Remedies In The First Hundred Days Of Trump Ii: A Gently Adversarial Collaboration, Samuel Bray, James E. Pfander

Public Law and Legal Theory Working Papers

No abstract provided.

A Fear Of Ideas? Social Media, Foreign Influence, And National Security In A New Era Of Great-Power Competition, Michael Park

Fordham Intellectual Property, Media and Entertainment Law Journal

The recent spate of legal restrictions on the use of TikTok and other foreign-controlled social media applications highlight concerns over personal data collection, but also how fears over the potential foreign influence of ideas from adversarial foreign governments—whether by propaganda, censorship, or disinformation—have re-emerged in the national security debate. Yet there are concerns that this new era of great power competition will be the basis for justifying overreaching speech regulations that hinder access to information and ideas under the aegis of national security. This work attempts to examine the recent enactment of speech restrictions or bans on foreign-controlled applications within …

Reevaluating Force Majeure Clauses In The Aftermath Of The Covid-19 Pandemic And Its Implications On The Entertainment Industry, Esther Animalu

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Protecting What's Yours: Rights, Risks, And Realities In Ip And Entertainment, Fordham Iplj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Ozempic Paradox: How Much Is Too Much In The Race For Weight Loss And Diabetes Treatment?, Jack Bekos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Right To (Digital) Identity, Sarah M. Snow

Fordham Intellectual Property, Media and Entertainment Law Journal

Identity verification is a prerequisite for full participation in modern society. Access to financial services, employment, housing, healthcare, education, and civic engagement all hinge on an individual’s ability to prove their identity. Millions of Americans—particularly marginalized groups—struggle with the rigid, bureaucratic, and often discriminatory processes of traditional identity verification systems. Without legally recognized identification, individuals are effectively excluded from economic and civic life. This Note argues that the ability to prove one’s identity is a protected interest. It proposes adoption of a federal Self-Sovereign Identity (SSI) as a legal and technological mechanism to guarantee all Americans have access to a …

Standing On Slippery Ground: Pfas Products, Article Iii Standing, And The Case For Legislative Action, Bren J. Chaisson

Student Competition & Published Writings

Can implementing a new statute fix the standing obstacle that many cases involving per- and polyfluoroalkyl substances (PFAS) face? PFAS are a classification of thousands of common chemicals that cause a variety of adverse health effects. Hardwick v. 3M Co. highlighted the issue plaintiffs have with establishing standing when bringing forth a case. The plaintiff’s alleged injury was the presence of five specific PFAS in his bloodwork. The 6 th Circuit Court of Appeals held that the plaintiff, a firefighter who often used PFAS-contaminated foam, was unable to demonstrate that the defendants, several PFAS manufacturers, were responsible for the PFAS …

Equipped To Manage Risk, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Message from the co-directors
• Newsflash
• Research roundup
• Faculty briefs
• Legal insights
• Awards & accolades
• Joining the team
• Enhancing access
• Equipped to manage risk
• Noteworthy
• Experiential education
• Preparing to practice

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• Message from the Dean
• Specialty Programs Ranked Among the Best
• AI Certification Requirement
• Curricular Enhancements
• New Faculty Members
• Scholarly Impact
• Conferences and Lectures
• A New Era for Business Law at CWRU
• Meet the New Class
• News from the Kramer Law Clinic
• Impactful Student Initiatives
• Mock Trial and Moot Court Success
• Alumni Spotlight
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

A New Guide To Kf Modified: Kf Classification Modified For Use In Canadian And Common Law Law Libraries, F. Tim Knight, Janet M. Moss

Librarian Publications & Presentations

The revised and updated edition of the Guide to KF Classification Modified for Use in Canadian Law Libraries written by Janet M. Moss of the Gerard V. La Forest Law Library at the University of New Brunswick in 2004 and published in 2006 as an Occasional Paper by the Canadian Association of Law Libraries/L'Association canadienne des bibliothèques de droit. This revision clarifies the use of KF Modified, incorporates the enhancements and improvements that have been applied to the KF Modified classification scheme during the intervening years, and contributes to the consistent use of this classification scheme in law libraries using …

Controlling The Mischief Of New York’S Foreclosure Abuse Prevention Act Through Constitutional Pre-Emption, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

FAPA aimed to ease the burdens of long-delayed foreclosure proceedings by restating the operation of the statute of limitations. It contains provisions across several sections of state statutes that specify that once the six year statute of limitations on actions to foreclose commences, typically by the acceleration of the balance due on the promissory note and commencement of suit, it continues to run, even after the parties have entered into a workout agreement and have dismissed the complaint. By express terms, the Act had immediate effect, such that those lenders who withdrew complaints pursuant to a workout agreement before the …

Effects Of Round-Up On The Environment, Sandra J. Marcu

Journal of Earth and Life Science

Many people around the world have used and still currently use Roundup but are unaware of the effects it has on the environment. Roundup is a spray on application weedkiller that is widely used around the world today both residentially and commercially. It enables its user to grow a garden or a field of crops with a no-tilling approach to eliminate weeds. It is a well-known and popular choice for killing weeds that has been around since the mid 1970’s (Oca, 2017). John Franz, a Monsanto scientist discovered that glyphosate (main ingredient in Roundup) was an herbicide or weedkiller, and …

The Effectiveness Of The Minnesota Buffer Law And Its Impacts On People, Ellen P. Isakson

Journal of Earth and Life Science

In January 2015, the then-governor of Minnesota Mark Dayton announced new legislation that would require 50-foot vegetation buffers along all waterways in Minnesota; this legislation would come to be known as the Minnesota buffer law, exact requirements being “perennial vegetative buffers of up to 50 feet along lakes, rivers, and streams and buffers of 16.5 feet along ditches” (Albert, 2017; MN Board of Water and Soil Resources [MN BWSR] 4 ). A buffer in the context of vegetation and natural resource management is a strip of vegetation around a body of water “designed to intercept stormwater runoff and minimize soil …

Generative Ai Is Doomed, Eric Goldman

Marquette Intellectual Property & Innovation Law Review

Eric Goldman delivered this talk as the 2024 Nies Lecture at Marquette University School of Law, in Milwaukee, Wisconsin. The talk compares the recent proliferation of generative AI with the Internet’s proliferation in the mid-1990s. In each case, it was clear that the technology would have revolutionary but uncertain impacts on society. However, the public sentiments toward the two innovations have differed radically. The Internet arrived during a period of widespread techno-optimism, creating a regulatory environment that fostered the Internet’s growth. Generative AI, in contrast, has arrived during widespread techno-pessimism and following decades of conditioning about the dangers of “AI.” …

Beyond The Hype: The Use Of “Artificial Intelligence” In Healthcare And The Legal And Business Risks Associated With This New Technology, Greg Gulick

Marquette Intellectual Property & Innovation Law Review

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