Law Commons^™

Take Fair Housing All The Way Up: Navigating The Intersection Of Decentralization, Innovation, And Preemption, Melvin J. Kelley Iv

Texas A&M Law Review

Cities are the temporospatial embodiment of local economies, constructed on the scaffold of racial capitalism. Pursuant to decades of public-private ventures to entrench segregation, some cities have been given a treasure trove of resources while others have been—and continue to be—deprived. Community organizers and local governments in urban areas have attempted to disrupt enduring spatial inequities through policies advancing civil rights, economic justice, and sustainable development. But far too often these efforts have been brushed aside by sweeping state laws that intentionally, exhaustively, and punitively remove topics from the purview of local action. This Article responds to calls issued by …

Rahimi's Goldilocks Dilemma: Finding The "Just Right" Age Of Tradition, James M. Handwerk

Texas A&M Law Review

Although its edges are obscured with unresolved tension, the Supreme Court’s recent sortie into Second Amendment interpretation sparked a new era of historical scrutiny. Some question whether the various difficulties present in the new framework render the doctrine unworkable. Rahimi’s Goldilocks Dilemma examines the interpretive obstacles posed by the text, history, and tradition framework, which was brought to light in New York State Pistol & Rifle Ass’n v. Bruen and United States v. Rahimi. Particularly, this Comment focuses on the role that pre-ratification history plays in finding “relevant” historical analogs. Pre-ratification history, as defined by this Comment, includes …

Nonparty Claim Preclusion, Mark D. Rosen

Texas A&M Law Review

For nearly two centuries, American courts recited that the preclusive effects of a court’s final judgment were subject to a requirement of “mutuality,” meaning that a party in Lawsuit 2 who would not be bound by a judgment from a prior Lawsuit 1 could not benefit in Lawsuit 2 from the first lawsuit’s judgment either. While the Supreme Court eliminated the mutuality requirement for issue preclusion in the 1970s—paving the way for “nonmutual collateral estoppel”—to this date, the Court has not decided if mutuality remains a requirement for claim preclusion. Although many courts today insist there is no such thing …

The Federal Gap In Sports Betting, Aimen Taqi

LLR Forum

The modern sports betting market has outgrown the legal framework that governs it. Drawing on examples from the NBA, this article highlights four areas in which federal legislation is needed: player specific proposition bets, the rise of bettor harassment directed at players and coaches, the absence of a centralized public reporting and oversight structure, and the growing use of prediction market or event contract labeling to evade ordinary gambling regulation. This article contends that Congress should adopt a federal floor for sports betting that restricts the bet types most susceptible to manipulation, requires uniform reporting and oversight, imposes anti-harassment obligations …

When Platform Regulations Fail: An Institutional Fix For California Social Media Laws, Roz Kohan

LLR Forum

Three recent Ninth Circuit decisions struck down parts of California’s content moderation laws regarding transparency, child-safety, and algorithmic design on First Amendment grounds. Such challenges act as a barrier to effective platform regulation. When examining past speech regulations that withstood such challenges, telecommunications law provides guidance for the platform context. The lack of expert administrative agencies accounts for the failures of content moderation regulation. This Forum Article argues for the creation of a specialized California agency to produce rules and regulations that withstand First Amendment challenges.

An Examination Of Regulatory Approaches To Artificial Intelligence In Hiring Practices, Pasqualle Yamakawa, Amber Reid

LLR Forum

This Comment explores the growing tension between innovation and accountability in the use of Artificial Intelligence (“AI”) in hiring. As employers increasingly rely on AI-driven screening tools, concerns over algorithmic bias and hidden discrimination have sparked both litigation and regulatory action. Using Mobley v. Workday, Inc. as a lens, this Comment examines the expanding scope of liability for both employers and AI vendors. It then compares emerging regulatory frameworks across the United States and European Union. This Comment concludes that Colorado’s approach to AI regulation stands out as the most comprehensive model, offering a clearer path to reducing discrimination while …

Critical Lawyering Pedagogy: Transformational Legal Education, Carolyn Grose

Minnesota Journal of Law & Inequality

In an era marked by democratic backsliding, systemic inequality, and widespread disillusionment with legal institutions, traditional legal education has proven not merely inadequate, but actively complicit in reproducing the institutional norms, professional identities, and hierarchies that have enabled democratic erosion and the misuse of law as a tool of exclusion and domination.

This Article describes a comprehensive, justice-oriented framework that reimagines the structure, content, and outcomes of legal education to better meet those needs. Critical Lawyering Pedagogy (CLP) draws from Critical Pedagogy, Narrative Theory, and Critical Lawyering and challenges the entrenched hierarchies and exclusionary norms that dominate most law schools …

Whose Interest? How Attorney General Paxton Weaponizes His Administrative Power Against The Public Interest, Kaylie Vasquez

Minnesota Journal of Law & Inequality

Attorney Generals wield immense power throughout the country and are charged with protecting the interests of the public. In Texas, the Attorney General manipulates this power for political capital and ideological warfare. This Note examines the case of Annunciation House v. Paxton and the administrative powers granted to the Texas Attorney General. Specifically, this Note examines the Request to Examine statute that authorizes the Texas Attorney General to investigate any business organization at anytime for any reason. It does so by 1) discussing the specific statute and analyzing its weakness; 2) evaluating the Request to Examine at issue in Annunciation …

Why The Library Of Congress Matters More Than Ever, Hope O'Keeffe

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

An End To The Madness: How Justice Barrett Provides A Way Out Of The Categorical Approach, Sarah Webster

Catholic University Law Review

Is murder by omission a crime of violence? In its October 2024 term the Supreme Court of the United States was asked this very question in Delligatti v. United States. This case appeared before the Supreme Court because of its 2019 decision United States v. Davis. In Davis, the Supreme Court narrowly held the residual clause of 18 U.S.C. § 924(c)(3)(B) as unconstitutionally vague as a result of its interpretation that the statute required a categorical approach. As a result, federal courts have been forced to provide pages of painstaking analyses to hold that murder by omission …

The Federal Courts Jurisprudence Of Justice Clarence Thomas, Barnett J. Harris

Catholic University Law Review

In “Personal Precedent at the Supreme Court,” Professor Richard Re argues that Supreme Court justices tend to rely on their “previously expressed views of the law,” including their prior separate opinions when deciding new cases. Richard M. Re, Personal Precedent at the Supreme Court, 136 Harv. L. Rev. 824, 825–26 (2023). These “previously expressed views of the law,” which Re refers to as “personal precedent,” play an extremely important and previously unrecognized role in the development of the law. Re even contends that “though typically excluded from the law, personal precedent may actually be its building block.” Richard M. Re, …

Fixing Our Borders Of Injustice: The Fall Of Chevron Brings New Hope For Gender-Based Violence Asylum, Lara Mcleod

Catholic University Law Review

The Immigration & Nationality Act (INA) governs U.S. immigration law and was enacted to assist and protect international refugees from persecution and threats to life or freedom. The primary legislative purpose of the INA was to conform U.S. asylum law to international standards established in the 1967 Refugee Protocol. This Comment will critically examine the former Biden Administration’s June 2024 Proclamation on Securing the Border, illustrating how the Proclamation’s deterrence-based policies failed to meet the United States’ protective obligations under both international and federal law standards and underscored the inherent flaws of the Executive Branch’s enforcement of U.S. asylum law, …

Unfair And Deceptive Pay: A Consumer Protection Approach To Algorithmic Personalized Wages, Noah Madoff

Minnesota Journal of Law & Inequality

The rise of digital commerce, consumer surveillance, and bigdata analytics have given rise to a new set of pricing techniques in the first quarter of the 21st century. Much has been made of algorithmic price discrimination—the commercial practice of charging consumers individualized prices for identical goods and services. Considerably less attention has been paid to parallel development in the world of work—the emergence of “algorithmic personalized wages” that individualize worker pay for identical work. Algorithmic personalized wages are not a significant development because they are ubiquitous in contemporary employment arrangements—they are not—but because they contain the kernel of a harsh …

Introduction, Jaxon Alston, Jessica Payne, Kaylie Vasquez

Minnesota Journal of Law & Inequality

No abstract provided.

‘Mic Fright’: The Dire Reality Of Employment Classification In Unscripted Television, Jessica A. Payne

Minnesota Journal of Law & Inequality

Reality television has grown over the last near-century into both a staple of popular culture and an overwhelmingly lucrative industry. While the genre had a relatively innocent beginning, what shows have become is an increasingly extreme set of formats seeking to illicit shock, jealousy, and, above all, loyal viewership from its audience. These aims are driven entirely upon the participants who vie for a place within the cast to compete for love, money, and fame. However, the participants whom audiences adore or love to critique face significant barriers in their pursuit in addition to life-altering post-production realities; in part based …

Dynamic Displacement: How Algorithmic Rent Pricing Threatens To Exacerbate Barriers To Housing Voucher Use And Mobility, James W. Matthews

Minnesota Journal of Law & Inequality

Tenant-based rental vouchers have long played a central role in efforts to expand affordability and economic mobility. Despite growing demand amid a deepening housing crisis, funding for federal rental assistance is under attack. Meanwhile, longstanding barriers, such as rising rents, source of income discrimination, and program design limitations, continue to restrict access to housing, especially in high-opportunity neighborhoods. These challenges are now compounded by the growing influence of private equity firms and other institutional investors, whose rapid acquisition of rental properties is reshaping the market by prioritizing extractive profits over affordability and tenant stability. At the same time, consolidation among …

Lend Me Your Interest Rates: Rent-A-Bank, Fintech, And True Lenders, Reeves Singleton

Minnesota Journal of Law & Inequality

The rise of fintech has bolstered so-called rent-a-bank lending, a scheme through which online lenders partner with national banks in order to take advantage of the banks’ ability to “export” high interest rates to states with strict usury laws. This framework allows lenders to more freely target financially vulnerable populations with high-cost loans. Courts currently tend to consider three often conflicting doctrines to assess the legality of such loans. This Note first reviews these three strands of analysis: (1) the valid-when-made doctrine, which is the least protective of consumers and upholds a loan’s initial legality regardless of transfer; (2) the …

Table Of Contents

BYU Law Review

No abstract provided.

Poor Esg: Regressive Effects Of Climate Stewardship, Zohar Goshen, Assaf Hamdani, Alex Raskolnikov

BYU Law Review

The rise of inequality and global warming are the two ultimate challenges of our time. After decades of congressional failure to address climate change, the private sector has stepped in and adopted a set of environmental, social, and governance (ESG) policies as a market-based solution to a public policy failure. ESG advocates hope that corporate executives would save our planet. Where Congress failed, ESG will succeed.

This Article argues that if ESG-driven climate stewardship ever achieves the scale necessary to have a real impact on global warming, it will hurt the poor. Legislative interventions to combat climate change are nearly …

Leveraging Technology, Copyright, And Libraries To Benefit The Public Interest, Michelle M. Wu

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Regulating Beauty: Advertising Restrictions, The First Amendment, And The Rise Of Social Media Models, Annie Miner

BYU Law Review

Unrealistic beauty standards in advertising have long raised concerns about their effects on body image and eating disorders, particularly for young women. While traditional means of advertising often use extremely thin models and digitally altered images, the shift in the advertising landscape towards an increased use of social media presents new challenges. Influencers have largely replaced models in advertising, and they often present unrealistic beauty standards, altered images, or dangerous eating and exercise habits to their young, impressionable audiences. In response to these concerns, several countries, including France, Norway, and Israel, have adopted regulations banning the use of ultrathin models …

Plutocratic Public Safety, Erin Collins

Texas A&M Law Review

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Purpose-Driven Compliance, Veronica Root Martinez

Texas A&M Law Review

Whether it is a small brokerage firm in Ann Arbor, Michigan, a private university in Cambridge, Massachusetts, or a multinational conglomerate head-quartered in New York City, organizations understand that they are required to fulfill a range of compliance obligations. Compliance programs today tend to have two important characteristics in common. First, the notion that perfect compliance is an impossible goal is a key component of the understandings and expectations of many firms’ compliance programs. Second, organizations have almost uniformly adopted compliance programs in areas where enforcement activity has been significant—like in the areas of antibribery and anticorruption, anti-money laundering, antitrust, …

"Market Shift Liability" For Generic Drugs: Market Share Theory's Eccentric New Cousin, Lars Noah

Texas A&M Law Review

Market share liability, which permits allocating proportional responsibility to each tortious member of an industry when victims cannot identify the exact source of their injurious exposure, enjoyed its judicial heyday in the 1980s. It originated in the peculiar setting of litigation over a distinctive cancer that developed decades after in utero exposure to the drug diethylstilbestrol (“DES”), which a few hundred companies had produced and sold for the prevention of miscarriages before federal regulators withdrew it from the marketplace. Although judges have occasionally attempted novel extensions of this theory to other products, and academic commentators remain fascinated by its use, …

The Heat Of The Moment: Rethinking The Endangered Species Act Amidst The Sixth Mass Extinction, Sarah Morton

Texas A&M Law Review

The biggest natural disaster facing humans today likely won’t be on the front page of the news. That doesn’t mean its impacts aren’t already being felt. Despite other disasters, like wildfires and hurricanes, dominating headlines, extreme heat is the leading cause of weather-related mortality in the United States. Even worse, extreme heat makes other natural disasters more severe and is decimating the Earth’s biological diversity at a rate that could soon become irreversible. The cost of widespread biodiversity loss is incalculable. Depleting ecosystems eradicates crucial services that nature provides for humanity, including clean air and water, food security, and cooling. …

Waterloo Sparkling Water And The Natural Zone Of Expansion: How Trademark Rights Can Bubble Over, Amari K. Wilson

Texas A&M Law Review

As markets expand and competitors adapt, trademark owners are forced to broaden the scope of the goods or services that are offered under their marks. But what happens when a business decides to venture into other industries in the future? How far should its initial trademark protection extend? The natural zone of expansion doctrine—as it applies to trade—seeks to answer these questions.

In Waterloo Sparkling Water Corp., Waterloo had existing senior trademark rights to its mark for sparkling water beverages, but the district court declined to extend protection for the mark’s use in connection with alcoholic seltzers. While there …

Operational Responsibility In Ai Governance: A User-Centric Liability Framework, Zhengyang Chen

Faculty Publications

Who bears responsibility when artificial intelligence systems cause harm? This question has become central to AI ethics and governance. Most existing approaches focus on developers, yet this faces serious practical and theoretical problems. Drawing on tort law, agency law, and philosophy of technology, this paper argues that AI should be understood as an instrument whose outputs remain the responsibility of human operators rather than developers. We call this 'user-centric governance.' Placing accountability with deployers promotes public trust by creating clear lines of responsibility, a concern that governance approaches have often overlooked. It preserves democratic accountability by keeping human actors answerable …

Digital Judgment: Towards A Bloackchain-Based Recognition System, Avaskhan Z. Asanaliyev

Richmond Journal of Law & Technology

Blockchain technology offers judicial systems a transformative opportunity to enhance the efficiency, security, and transparency of court judgments. This article explores how blockchain-based judgment records could streamline recognition and enforcement procedures. Current methods for authenticating and recognizing judgments depend on slow, manual certification processes and state-specific rules. These approaches create administrative delays, expose systems to fraud, and struggle to keep pace with a digital, global legal landscape. In contrast, a decentralized ledger secured by cryptographic verification would deliver near-instant, tamper- proof records. This could significantly expedite cross-jurisdictional enforcement while upholding due process and reliability. The article reviews recent advancements in …

2026 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.