Law Commons^™

Extraordinary Or Excessive? Rethinking Nonretroactive Changes In Decisional Law As Grounds For Compassionate Release, Anna Zumbar

Akron Law Review

Federal courts are deeply divided on whether nonretroactive changes in decisional law affecting sentencing are an “extraordinary and compelling reason” for compassionate release under 18 U.S.C. § 3582(c)(1)(A), The First, Second, Fourth, and Tenth Circuits recognize district courts’ broad discretion to weigh such changes, emphasizing that broad judicial discretion supports consideration of any relevant factors. In contrast, the Sixth, Seventh, Eights, and D.C. Circuits exclude nonretroactive changes in decisional law from consideration, confining “extraordinary and compelling reasons” to narrower circumstances. This circuit split has produced inconsistent outcomes, with similarly situated defendants subject to disparate treatment based solely on geography. The …

Keeping Children Safe: Bring Kayden's Law To Ohio, Christina Woods-Tsiperson

Akron Law Review

After decades of punishing murder-suicide headlines, a growing body of evidence now corroborates what female domestic violence survivors have said for years: that family courts deciding child custody cases disproportionately reject mothers’ allegations of domestic violence and paternal child abuse. From prominent legal scholars to local family law attorneys (and increasingly, investigative reporters), many modern voices contend that mothers specifically face a litany of obstacles in court, including heightened judicial suspicion that they are “parental alienators,” a widespread minimization of coercive control, and state legal standards that  emphasize shared parenting over child safety.

Following the widely publicized murder of seven-year-old …

Pork Producers, Product Bans, And Petering Out Dormant Commerce Clause Extraterritoriality Inquiries, Sam Kalen

Akron Law Review

Constitutional commentary on the dormant Commerce Clause (DCC) reflects the Court’s persistent failure to appreciate how the clause’s contemporary application is problematic.  The 2023 Pork Producers case was a propitious opportunity for the Court to resolve lingering issues, such as whether the DCC ought to include an inquiry into whether a subnational regulation produces impermissible extraterritorial effects, or whether the Pike v. Bruce Church balancing test remains an apt function for the judiciary.  The Court squandered that opportunity, unfortunately.  And this article examines how that transpired.  It explores how product bans, such as the one adopted by California for humane …

Unfit For Human Consumption: A Bone To Pick With Boneless Wings, H. Beau Baez

Akron Law Review

This article examines defective food laws after the Ohio Supreme Court held that “boneless” in boneless chicken wings does not mean “without bones.” The result in this case is a man with permanent injuries was precluded from recovering damages after eating a menu item described as “boneless.”

The article begins by discussing the case, Berkheimer v. REKM, and the rationale used by the court for allowing summary judgment against the plaintiff.  Next, the article examines legal history, beginning with 13^th century unwholesome food statutes.  This section demonstrates that the law for unwholesome food, until the 20^th century, …

Habitat Destruction: The Where Of Biodiversity Law, Andrew W. Torrance Ph.D., Bill Tomlinson Ph.D.

Akron Law Review

The existence of appropriate habitats is essential to the continued existence of all species with which humans share the Earth. However, humans are currently enacting changes around the globe--anthropogenic environmental disruption--that threaten the habitats of many species. In this article, we first summarize existing habitat-related law in various countries, including legal designation of areas for protection (e.g., national parks), laws that enable conservation organizations to purchase but not utilize development rights, and international treaties such as the Convention on Biological Diversity or the Ramsar Convention on Wetlands of International Importance. We then propose a suite of novel approaches …

The Law Through The King U.S. (Procedural) Judicial Activism From A European Perspective, Cesare Cavallini

Akron Law Review

This essay explores the phenomenon of judicial activism in the United States, focusing particularly on procedural aspects, from a comparative perspective influenced by the civil law tradition, especially the Italian legal system. While American legal discourse often criticizes judicial activism as an overreach by the judiciary—sometimes calling it “imperialist” in relation to recent Supreme Court decisions—this work reinterprets the concept through the more subtle mechanisms of procedural intervention. I argue that activism should not be viewed solely through the lens of constitutional interpretation or resistance to precedent. It should also consider judicial actions that reshape procedural norms, such as pleading …

The Effect Of Taxation On Self-Financing Of The Economic Institution: The Case Study Of Company Nca Rouiba, Abdelkader Messaoudi, Mohamed Talbi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study analyzes the impact of taxation on the self-financing capacity of an Algerian economic institution. It shows that although tax reductions aim to encourage self-financing, fiscal constraints continue to limit its effectiveness as a primary funding source.

Editorial : Governance And Development Dynamics In Emerging Economies, Adil Cherkaoui

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

Moore Vs. Primadonna Co., Llc, 142 Nev. Adv. Op. No. 6. (Jan. 29, 2026), Collin Faught

Nevada Supreme Court Summaries

THE COURT HELD THAT A PLAINTIFF INJURED AT A SELF-SERVICE BUSINESS NEED NOT SHOW THE TASK WAS TRADITIONALLY PERFORMED BY EMPLOYEES TO INVOKE MODE-OF-OPERATION LIABILITY.

Milbank Expands Partnership With The Perlmutter Center For Legal Justice At Cardozo Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Milbank LLP announced a significant expansion of its partnership with the Perlmutter Center for Legal Justice at Cardozo School of Law, increasing its charitable commitment to $2.5 million through 2029. The expanded funding will strengthen the Milbank Exoneration Review Unit, support additional staffing, and advance post-conviction advocacy for wrongfully convicted and excessively sentenced individuals.

The Laura And Isaac Perlmutter Foundation Expands Support For The Perlmutter Center For Legal Justice At Cardozo Law Of Yeshiva University, Bringing Their Total Contribution To $16 Million, With Up To An Additional $2 Million Committed, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Laura and Isaac Perlmutter Foundation announced an additional $500,000 gift to the Perlmutter Center for Legal Justice at Cardozo School of Law, along with a four-year matching commitment of up to $2 million. The expanded support will strengthen the Center's work on wrongful convictions, clemency, resentencing, and experiential legal education while advancing criminal justice reform initiatives.

Elite Bankruptcy, Laura N. Coordes

BYU Law Review

“The influence of bankruptcy lawyers over bankruptcy law seems almost inevitable.” —David Skeel

In Debt’s Dominion, David Skeel wrote that bankruptcy professionals have played a key role in shaping U.S. bankruptcy law. He predicted that these professionals would continue to shape the bankruptcy process long into the future. Today, we can see that Skeel’s prediction has come true. Although Congress has yet to overhaul the Bankruptcy Code, bankruptcy professionals have succeeded in their own form of overhaul by creating what this Essay calls “elite bankruptcy:” a type of bankruptcy accessible only to the rich and powerful. Elite bankruptcy is practiced …

Burns (Gregory) V. Eighth Judicial Dist. Ct. (Doe) (Civil), 142 Nev. Adv. Op. 8 (Jan. 29, 2026), Charnel Gibson

Nevada Supreme Court Summaries

The Nevada Supreme Court adopted a balancing test for pseudonymous civil cases. Because the sexual-assault plaintiff’s privacy outweighed any prejudice and the public interest, the Court denied mandamus relief.

North River Ins. Co. Vs. James River Ins. Co. (Nrap 5), 123 Nev. Adv. Op. 45 (Jan. 29, 2026), Bowen Fuller

Nevada Supreme Court Summaries

Equitable subrogation allows excess insurers who contributed to a settlement to assert any claim against a primary insurer that the insured could have asserted.

Williams V. The Second Judicial District Court Of The State Of Nevada, 142 Nev. Adv. Op. 5 (Jan. 29, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

The Nevada Supreme Court may reassign a district judge in a criminal case to preserve fairness and the presumption of innocence, even if the judge will not be disqualified for judicial bias.

Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco

International Law Studies

As artificial intelligence (AI) technologies become increasingly embedded in human activity, the question of individual accountability for AI-enabled international crimes grows more pressing. This article examines how established doctrines of individual criminal responsibility under international criminal law—particularly the modes of liability recognized in the Statute of the International Criminal Court and in the jurisprudence of international criminal tribunals—may be applied to human actors who interact with AI systems in the commission of core international crimes. Through four hypothetical scenarios, the article explores varying forms of human involvement—from programming to deployment—and assesses whether existing modes of liability, such as perpetration, instigation, …

Environmental Litigation In The Trumpa Era, Public Interest Law Students Association (Pilsa)

2025–2026 Flyers

Join us for a conversation about the current state of climate litigation in the US.

Land Purchase Ledger, John Coffee

Letters and Manuscripts

John Coffee's early Florence, Alabama land sell ledger.

(Re)Individualizing Criminal Law, Itay Ravid

Faculty Publications

Criminal law purports to care about the individual culpability of those committing crimes. Individual mental states or defenses based on one’s beliefs are considered foundational to moral responsibility and criminal conviction. The expansion of algorithmic risk assessment tools in the criminal legal system, however, threatens these principles, changing the criminal law subject from an autonomous individual to merely a predicted object. This Article argues that risk assessment tools—now functioning as gatekeepers at both the entry and exit stages of the criminal process, from predictive policing to compassionate release eligibility—have shifted the criminal system away from its foundation in individual culpability. …

Top Documenting Mistakes To Avoid: Reduce Your Risk Of A Malpractice Case, Jeff Spindler Mda Ifg, Lynda Farnen Jd

The Journal of the Michigan Dental Association

This month’s cover story addresses the critical importance of accurate patient records in reducing the risk of malpractice suits and Board of Dentistry discipline. It identifies common documenting errors, such as charting only abnormal findings, failing to identify the specific treatment provider, and omitting treatment discussions or drug administration details. The authors emphasize that documentation is a team-wide responsibility and offer guidance on correcting errors and adhering to record retention requirements.

Annual Rev. Dr. Martin Luther King, Jr. Celebration Lecture 01-28-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Finding Debtor’S Counsel, Anthony Casey, Emma Lotts

BYU Law Review

In this Essay, we explore the question of how to assess the independence of debtor’s counsel in Chapter 11. The question has arisen in recent high-profile bankruptcy cases, attracting renewed attention from commentators. We examine these cases and revisit the unique role that debtor’s counsel serves.

From this analysis, a few guiding principles emerge for determining independence and managing conflicts that may arise. First, consistent with the rules outside of bankruptcy, sophisticated parties are capable of waiving conflicts and should be free to do so when their interests alone are affected by the conflict. Second, the possibility of conflicts—both real …

Bauer Lecture 2026, Cardozo Law Review

2025–2026 Flyers

Join us for a keynote address by Michael Waldman, President and CEO of the Brennan Center for Justice at NYU School of Law. A nonpartisan law and policy institute that focuses on improving systems  of democracy and justice, the Brennan Center is a leading national voice on voting rights, money in politics, criminal justice reform and constitutional law.

Welcome Back Spring 2026 : Hot Cocoa Party, Cardozo Office Of Student Services & Advising

2025–2026 Flyers

Join us to celebrate the start of the semester !

Hot cocoa and all the fix-ins and surprise treats

Documenting Atrocity: Medicine, Law And Accountability In Conflict Zones, Public Interest Law Students Association (Pilsa), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2025–2026 Flyers

Join us for a discussion  on how doctors, NGOs, and lawyers collaborate to document human rights violations experienced by survivors in conflict zones, and how medical documentation is used for asylum proceedings, advocacy and accountability efforts.

What Motivates Selectors To Pick A Woman Justice?, Maria C. Escobar-Lemmon, Alice J. Kang, Miki Caul Kittilson, Shan-Jan Sarah Liu

ConLawNOW

This article examines increases in women’s appointment to high courts around the world. It builds on research suggesting that movement by countries to appoint the first women to important benches often influenced neighboring countries. The same authors here look at the related feature that women in advanced industrial countries are appointed to constitutional and supreme courts sooner when subject to electoral pressure. They suggest that electoral pressure is not defined by the left-right ideological spectrum, but rather depends on a more specific support for gender equality.

“The Monster That Ate Jurisprudence”: The Misfire Of Civil Rico In Third-Party Payor Recovery, Jillian Rae Bloom

University of Miami Business Law Review

A law created to dismantle organized crime is now being misused to target pharmaceutical companies. The Racketeer Influenced and Corrupt Organizations Act (RICO), originally intended to combat criminal enterprises, has since expanded far beyond its intended purpose. Third-party payors (TTPs), such as health insurers, have increasingly relied on RICO to sue pharmaceutical companies for deceptive marketing practices that allegedly cause significant financial harm. While it is important to hold pharmaceutical companies accountable for their fraudulent conduct, applying RICO in these cases represents a troublesome overreach. The link between the alleged fraud and TPPs alleged harm is too attenuated to meet …

Tracing The Truth: Strengthening U.S. Food Traceability With Lessons From The Eur. Union, Carolina Gomez

University of Miami Business Law Review

The United States (U.S.) has made significant progress in improving food traceability, with the FDA’s Final Food Traceability Rule set to take effect in 2026. This long-overdue regulation aims to improve outbreak response and better protect public health. However, major gaps in the U.S. traceability system remain, leaving consumers exposed to preventable foodborne illness outbreaks. Legislative challenges, including H.R. Bill 7563 and provisions in the Fiscal Year 2025 Agriculture Appropriations bill, threaten to delay or weaken these necessary reforms. Compounding these challenges, on August 7, 2025, the FDA proposed extending the compliance deadline for the rule by 30 months, to …

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Consumers, Laborers, And Antitrust, Oh My! Why Labor Considerations Should Be Examined In Antitrust Law Through The Lens Of U.S. V. Bertelsmann Se & Co. Kgaa, Jodi Nicole Kain

University of Miami Business Law Review

Imagine the disappointing feeling of walking into a bookstore and finding shelves filled with only a narrow and non-diverse selection of titles. This feeling nearly became a reality when the Department of Justice (“DOJ”) won an action blocking a proposed merger between mega publishing houses Penguin Random House and Simon & Schuster in the case United States v. Bertelsmann SE & Co. KGaA (2021) (“Bertelsmann”). The DOJ claimed that the merger would harm consumers by reducing the diversity of books available and directly harm authors—the creative labor force—by limiting competition for publishing deals and suppressing their compensation. For the first …