Law Commons^™

Government Religious Speech And The Establishment Clause, Mark Storslee Associate Professor, Michael Helfand

Vanderbilt Law Review

The government says religious things. From monuments and holiday displays to legislative prayers, religion saturates the government's public voice. But how can that be permissible when the Establishment Clause, at least in theory, indicates the government should be religiously neutral?
So far, the Supreme Court's attempts to address the puzzle have come up short. Early on, the Court suggested that seemingly all government speech must be secular, or that it refrain from "endorsing" religion. But the Court never consistently enforced those limits, struggling to reconcile them with America's historical experience. And in recent years, the Court has rejected those approaches …

The Pay-To-Train Paradigm: How Private Settlements Are Rewriting Generative Ai Copyright Law, Kevin Afiesh

UC Law Journal

The legal landscape for generative artificial intelligence (AI) and copyright is now shaped more by private settlements that overwhelmingly favor copyright holders than by courts or legislators. As AI companies rely on copyrighted materials to train their models, content owners have filed lawsuits challenging these practices. However, instead of clarifying fair use limits in court, most disputes are resolved through private settlements. These agreements impose licensing fees, content restrictions, and compliance requirements, creating a shadow regulatory system that governs how AI companies access and use training data. Although courts and agencies have begun to weigh in, their interventions offer only …

Understanding The Experiences And Visibility Of Asexual People And Guiding Policy To Effectively Protect Asexuality, Lizzie Stravens

University Honors Theses

Asexuality is sexual orientation defined by those who experience little to no sexual attraction. Despite asexuality being as common as red headedness or left handedness, it has been severely overlooked in research and conversations. Because many people are not aware of the existence of asexuality, it has not been directly attacked by anti-queer campaigns. Still, there have been some recent shifts in this dynamic as asexuality becomes more visible. I conducted a linear regression on the 2022 Ace Community Survey results. I analyzed the effect of theoretically important variables on the outness of asexual respondents. Results indicated an importance on …

Middle Plaza Redesign, Marlo Lavacude-Klenck

City and Regional Planning

Middle Plaza Redesign presents a conceptual redevelopment of Middle Plaza, an 8.43-acre site located at 500 El Camino Real in Menlo Park, California. Originally developed as a mixed-use project in the 2010s, the redesign evaluates the site through the regulatory atmosphere, market conditions, and housing needs of 2025.

The project examines site conditions, market demand, state and local planning frameworks, and applicable development standards, including recent California housing legislation that eliminates parking minimums and streamlines environmental review. A financial feasibility analysis using proforma modeling evaluates two investment scenarios and demonstrates the economic challenges of delivering high-density rental housing despite regulatory …

Religious Riders And The Sherman Act, Bailey Sanders

Michigan Law Review

Can corporations engage in anticompetitive behavior on the basis of religious belief? While the answer may seem like an obvious no, in fact this question has largely been overlooked. It has hovered at the margins of the debate over religious exemptions: Proponents of religious exemptions have essentially argued that there is no harm in providing such exemptions to businesses because a competitive market will ensure consumers who might be denied services or goods by a religious firm can still obtain those goods and services elsewhere. But what if religiously minded businesses act in ways that are specifically designed to limit …

Courts Of Indian Offenses, Courts Of Indian Resistance, Alexandra Fay

Michigan Law Review

In the late nineteenth century, the Department of the Interior created the Courts of Indian Offenses with the express goal of eliminating elements of Native culture through the coercive power of criminal law. The courts stood on dubious constitutional grounds, were almost universally replaced by tribal courts in the twentieth century, and have been widely derided as crude assimilationist tools.

This Article examines the Courts of Indian Offenses to study how law and legal institutions operate as sites of colonial struggle. The Courts of Indian Offenses were formally created to criminalize Native culture. In practice, they were more complicated. Native …

Pornographic Deepfakes And Ugly Social Facts: The Costs Of A Normative Approach To Defamation, Kathleen Ross

Michigan Law Review

Around the world, women and girls are being victimized by pornographic deepfakes— alarmingly convincing, sexually exploitative images and videos generated using artificial intelligence (AI). Facing statutory gaps, victims may turn to traditional tort law claims to recover for the injuries inflicted by pornographic deepfakes. Defamation law, which protects against reputational injuries caused by false statements, is a particularly compelling arena for vindicating the interests invaded by a pornographic deepfake—interests which are, at their heart, social and reputational. Fortunately for deepfake victims, a pornographic deepfake will often satisfy defamation’s basic elements: A false and defamatory communication that concerns the victim and …

Article Iii Standing And The Public Interest Class Action, Sharon Brett

Cardozo Law Review

This Article suggests a new focus for Article III standing in public interest class actions brought under Federal Rule of Civil Procedure 23(b)(2). Rule 23(b)(2) is a vital tool for protecting communities from civil rights abuses. It is also receiving new attention in the wake of Trump v. CASA, the Supreme Court’s decision in June 2025 that severely restricted the use of nationwide injunctions. Rule 23(b)(2) cases seek only injunctive relief and are designed to permit individuals to pool their adjudicative power to prevent constitutional violations by government officials. A complicated web of doctrinal entanglements, including a heightened requirement for …

Recommendations For Developing A Regulatory Sandbox And A Comprehensive Legal Framework For Fintech In Vietnam - Part Ii, Sue M. Altmeyer, Phan Dang Hai

Akron Law Faculty Publications

Fintech, a product of the 4.0 revolution, has experienced rapid growth in Vietnam, attracting significant attention from investors and government agencies. In encouraging innovation, the authors write, the need for a practical legal framework to regulate fintech activities has become a critical issue. The authors believe that this new legal framework should include a regulatory sandbox, which would allow fintech startups to test their products in a controlled environment, helping to mitigate risks, foster creativity, and enhance regulatory oversight. This two-part article discusses challenges in creating and implementing a regulatory sandbox and provides recommendations for overcoming these hurdles. The first …

Contested Citizenship And The Body In The Body Politic: Reflections On Michele Goodwin’S Presidential Address In The Shadow Of Skrmetti, Maya Manian

Scholarly Articles in Law Reviews & Journals

This commentary is part of a series of responses to Michele Goodwin's 2025 LSA presidential address.

Keynote: Going Forward After Grants Pass, Joseph W. Mead

William & Mary Law Review

In this keynote, I explain the decision—and the stakes—of City of Grants Pass v. Johnson. In Grants Pass, the Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishments Clause posed no barrier to cities making it a crime for their homeless residents to sleep outdoors with as little as a blanket, even when those residents have no other option. Grants Pass, Oregon undertook an aggressive campaign to drive unhoused residents out of the city through punitive ordinances that criminalized unavoidable human conduct, such as sleeping with a blanket. The plaintiffs challenged the narrowest version of these …

Grants Pass And The Innocence Limit, Gregory Cui, Emily Clark

William & Mary Law Review

This Article examines City of Grants Pass v. Johnson as an important development in the Supreme Court’s doctrine concerning the Constitution’s “innocence limit.” This limit is a fundamental boundary on the state’s power to punish; it provides that criminal punishment may only apply to that which is morally culpable or blameworthy and thus may not apply to wholly innocent conduct. This principle was famously expressed in Robinson v. California, but this Article identifies a broader network of cases in which the Court has consistently effectuated the innocence limit and intervened against prosecutions of the innocent. This Article observes that …

The Presence And Persistence Of Social Rights In U.S. Constitutional Law, Mila Versteeg, Emily Zackin

William & Mary Law Review

Although the U.S. Constitution is widely described as lacking enforceable social rights, a recent line of cases from the Ninth Circuit recognizes a limited right to shelter. Relying on the Eighth Amendment, the Ninth Circuit held that individuals who lack access to shelter have a limited right to stay on public land with their belongings. The Supreme Court reversed in 2024, portraying the Ninth Circuit’s approach as an anomalous departure from accepted constitutional norms.

This Article argues that the Ninth Circuit’s decisions were not an aberration but instead exemplify a longstanding and globally common mode of social-rights adjudication. The common …

After Grants Pass: The Case For Recentering The Criminal Legal System And Its Constitutional Constraints, Scout Katovich

William & Mary Law Review

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit cities from punishing unhoused people for sleeping outside when they have nowhere else to go. While the holding was legally narrow, the Court’s rhetoric framed criminalization as sound policy rather than punishment, obscuring the criminal legal system implications at the heart of the case. Cities responded not to the narrow holding but to the rhetorical message: In the year following the decision, they enacted hundreds of new laws criminalizing homelessness and dramatically intensified enforcement.

This Article argues for the recentering of …

Sidewalk Living, Michael C. Pollack

William & Mary Law Review

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these …

The New Necessity, Ezra Rosser

William & Mary Law Review

According to the U.S. Supreme Court, cities are free to criminalize homelessness. The 2024 case City of Grants Pass v. Johnson is the most important homelessness case in decades and was a significant blow to advocates for the unhoused. The conservative majority rejected the idea that city ordinances criminalizing sleeping in public amounted to cruel and unusual punishment insofar as they penalized status. There is no sidestepping the loss. But within the faint glow of the embers of the oral argument and of the decision itself, there is the possibility that a new understanding of necessity, supported by the same …

Setting The Stage For Grants Pass (& A Moral Constitutional Reckoning), Sara K. Rankin

William & Mary Law Review

The U.S. Supreme Court’s decision in City of Grants Pass v. Johnson marked a seismic shift in the legal landscape governing homelessness throughout the country. By permitting the criminalization of involuntary acts, such as sleeping or resting in public when no shelter is available, the Court foreclosed constitutional protections under the Eighth Amendment’s Cruel and Unusual Punishments Clause and signaled judicial deference to punitive local policies targeting unhoused people. But Grants Pass was not spontaneous; it was seeded over time. This Article situates Grants Pass within the broader legal and nonlegal contexts that made its outcome possible. Part I explores …

Unlocking The Corporate Governance Potential Of Mutual Fund Investors, Jeffrey Manns

Nevada Law Journal

America’s mutual fund governance has long consisted of a system of money manager dominance and shareholder impotence. While mutual funds pool together unprecedented sums of capital, investors historically have had no meaningful role in governance and have faced a choice of “love it or leave it” when it comes to their investments in mutual funds.

The controversy over mutual fund managers’ advocacy of Environmental, Social, and Governance (ESG) principles in portfolio companies has reinvigorated interest in repairing the dysfunctional principal-agent relationship between investors and money managers. The management of BlackRock, the world’s largest money manager, ignited an ESG voting controversy …

Behind Every Case Is A Conversation, Donna Shestowsky

Nevada Law Journal

Lawyers play a central role in guiding clients through critical decisions that shape the trajectory of litigation. Among the most consequential of these is the choice of procedures by which disputes will be resolved—whether through trial, mediation, arbitration, or other mechanisms. Despite the weight of these decisions, legal scholarship offers little guidance on how lawyers might structure conversations about procedural options. This Article seeks to address that gap by drawing on empirical research from psychology and related disciplines to develop recommendations for educating and counseling clients—particularly those with little or no prior exposure to the civil justice system—so that they …

Shadow Probate, Felix Chang

Nevada Law Journal

This Article argues that nonprobate instruments (trusts, life insurance, retirement plans, and joint accounts) now comprise a shadow probate system that per-forms the core functions of probate but evades judicial oversight and public scrutiny. Like probate, shadow probate facilitates succession, though in a manner that caters to the privacy, business continuity, and asset sheltering goals of wealthy clients. By contrast, most households use wills for estate planning—or they avoid planning altogether and lapse into intestacy.

Wills and intestacy must wind through probate courts, which are vested with state authority and therefore follow due process. Shadow probate, on the other hand, …

Time Out For Transfer: Youth Transfer As Punishment, Kristina Kersey

Nevada Law Journal

The confidentiality of the juvenile court, while laudable in protection of the children charged, often means that people, in general, have little understanding of the inner workings of the court. One of the opaquest practices in juvenile court is how, when, and under which circumstances youth are prosecuted as adults. The cases that do reach the headlines are the most salacious, which leads to a confirmation bias on both the need and the appropriateness of the practice of transfer.

Many scholars have discussed the undeniable impact of adolescent development research on juvenile legal jurisprudence and a general reimaging of diminished …

Immigration’S Prejudice Problem, S. Ellie Norton

Nevada Law Journal

With immigration enforcement sharply rising, noncitizens increasingly face deportation with few constitutional protections. Yet many remain at least entitled to a fundamentally fair hearing before an immigration court. Even before the current administration, however, immigration courts had become notorious for systematically violating noncitizens’ due process rights. And while other scholars have suggested broadscale reforms to tackle this problem, statutory and regulatory change has become all but unachievable. This Article offers a new and timely solution: reforming the framework for direct review of immigration court due process violations. In most jurisdictions, noncitizens asserting these violations must prove on appeal not only …

Lies That Matter: Retheorizing Rape And The Limits Of Consent, Seran Gee

Nevada Law Journal

This Article proposes a novel assent-based framework for understanding rape law, challenging the traditional focus on consent as the sole determinant of rape. It argues that rape occurs when there is an absence of assent, rather than simply a lack of consent. The Article distinguishes between assent, which reflects a feeling of willingness, and consent, which is an exercise of autonomy that waives one’s right to bodily integrity. By incorporating this distinction, the assent model provides a more nuanced approach to rape law, explaining why certain deceptions—such as misrepresenting the nature of a sexual act—constitute rape, while others do not. …

Exception To Abolition: Reforming Prison Labor Through Constitutional And State-Level Change, Caren Abourjeily

Nevada Law Journal

No abstract provided.

The Lost Origins Of Antitrust, William Magnuson

Faculty Scholarship

Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …

Answering Your Most-Asked Dental Benefit Questions, William Sullivan Jd, James Budd Mpp

The Journal of the Michigan Dental Association

This column examines the increasing federal scrutiny of non-compete agreements by the Federal Trade Commission (FTC). It notes that both the Trump and Biden administrations have prioritized curtailing the misuse of these agreements, particularly in healthcare. The article provides practical steps for employers to audit existing agreements for reasonableness and individualization. It encourages exploring alternatives such as non-solicitation and confidentiality clauses and stresses the importance of documenting the legitimate business interests that justify any remaining non-compete requirements to withstand future regulatory scrutiny.

Dr. Deb Peters: Opening Doors As The Ada’S New Speaker, Debra Peters, Christopher J. Smiley

The Journal of the Michigan Dental Association

This interview profiles Dr. Deb Peters, the first female speaker of the ADA House of Delegates. Dr. Peters shares her vision for making the ADA more accessible, transparent, and responsive to its members. She discusses her leadership philosophy, emphasizing listening and mentorship, and explains how effective governance can lead to significant real-world impacts, such as the removal of taxes on dental prosthetics. Dr. Peters also outlines her goals for modernizing the House of Delegates process, including the creation of a "Resolution Dashboard" to help members track policy progress.

J Mich Dent Assoc March 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The March 2026 (Volume 108, No. 3) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Most-Asked Dental Benefit Questions, an interview with ADA Speaker Dr. Deb Peters, …

Mda Advocacy: Advocacy Continues Despite A Challenging Climate, James Budd Mpp

The Journal of the Michigan Dental Association

This update reviews the MDA's legislative efforts during a period of significant gridlock in the Michigan Legislature. It highlights key priorities such as bills addressing virtual credit card payments and dental specialty advertising. The source emphasizes that advocacy remains essential even when progress is slow, as it builds the relationships necessary for future success. Additionally, it outlines the "MDA Service Promise" and announces an upcoming PAC competition at the Annual Session to support the association's political activities.

Should I Pay An Employee During Jury Duty?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article provides human resources guidance on managing staff called for jury duty. While Michigan law does not require employers to pay for this time, it prohibits any form of punishment or discipline for serving. The author discusses common industry practices, such as paying the difference between jury stipends and normal wages, to avoid causing financial hardship for employees. She recommends that practices establish a clear, consistent policy that includes reasonable time limits for paid leave to balance their civic support with the financial needs of the practice.