Law Commons^™

One Hundred Years Of Morales Y Benet V. La Junta Local De Inscripciones: The Use Of The Insular Cases To Deny Women’S Voting Rights In Puerto Rico, Joel Andrews Cosme-Morales

Michigan Journal of Gender & Law

The centenary of

Morales y Benet provides an opportunity to reflect on the inequalities women faced under Puerto Rican colonialism in the early 20th century, shaped by the legal imperialism of the United States over the archipelago. This article explores the holding in Morales y Benet v. La Junta Local de Inscripciones and its impact on women’s lives during the last 100 years.

The decision in

Morales y Benet came at a time when women in the mainland United States had already secured the right to vote, following decades of suffrage activism that culminated in the passage of the Nineteenth …

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Articles

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Articles

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending longestablished immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by state …

I'Ve Been Here Before: My Second Run Of "The First 100 Days", Vanessa Montoya

Articles

No abstract provided.

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation, Linus Chan, Lauren Butler, Emma Wittmer

Articles

No abstract provided.

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

Articles

No abstract provided.

Urias V. First Jud. Dist. Ct., 141 Nev. Adv. Op. 24 (May 8, 2025), Daren Dunaway

Nevada Supreme Court Summaries

NRS 484E.040 applies only to highways that are open to public access or to which individuals have access as invitees or licensees and therefore does not apply to private property.

Pricey Harrison Interview, Pricey Harrison, Gene Nichol

North Carolina Law Review

No abstract provided.

Facing Faculty Fears About Ai, John Lande

Faculty Publications

This essay addresses a widespread but rarely voiced concern among faculty: the fear of appearing uninformed, unprepared, or even outmatched by students when incorporating AI into their teaching. While worries about cheating, hallucinations, de-skilling, and loss of control are legitimate, this essay encourages faculty to shift from fear to curiosity. It argues that acknowledging uncertainty can strengthen faculty–student relationships and model the curiosity and humility we hope to cultivate in students.

It outlines two general strategies for faculty: restricting AI use when students need to build foundational skills, and requiring it when students are ready to develop professional judgment using …

Getting Help From Ai To Update Your Syllabus (Even If You Think It's Just Fine), John Lande

Faculty Publications

Law school faculty often reuse the same syllabi from year to year, assuming that if a course "isn't broken," it doesn't need fixing. But with the upcoming NextGen Bar Exam, new lawyer licensing regimes, and the widespread use of artificial intelligence in legal practice, the context for teaching dispute resolution is changing rapidly.

This short article encourages faculty to reflect on their syllabi and consider how generative AI tools can support thoughtful, efficient updates. It offers practical strategies for adapting to bar exam and licensing developments, incorporating AI skills into courses, integrating representation and neutral perspectives, and redesigning assignments to …

Politicization Of Antitrust: Part Ii - Politics And Communication By Antitrust Enforcers, Stephen Calkins

Law Faculty Research Publications

Early communications from the new Trump antitrust agencies seem unusually partisan. One can find multiple references to Make America Great Again and ushering in America’s Golden Age. Veteran observers’ instinct is that this is not business as usual. This essay checks that intuition against some facts. In particular, it examines press releases introducing officials and/ or referring to the White House, and the first ten speeches or other publications (as collected on agency websites) for current FTC Chairman Andrew Ferguson, Assistant Attorney General Abigail Slater, and a good number of their predecessors. The conclusion: yes, things are different. The typical …

Moot Court Teams Earning National Accolades, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

t was a banner year for the Law School’s moot court competitors, as one team brought home a championship trophy, multiple teams made deep runs in national tournaments, and several students earned impressive individual honors.

“For our external competitions against other schools, we had to have tryouts this year because we had a record number of applicants,” said Professor Lane McFadden, who teaches Legal Writing and Research and Appellate Advocacy and supervises the Law School’s appellate moot court programs. “The rising 2Ls are now excited because the students who are only a year or two ahead of them have done …

Summer 2025

Ergo

No abstract provided.

What Is The Distribution Of National Historical Parks?, Randall K. Johnson

Faculty Works

In an increasingly polarized nation, which no longer can reach any consensus about what is meant by the term “common good,” it might be wise to extend additional protections to national monuments from executive branch interference. But prior to doing so, the U.S. Congress may want to undertake some additional research work. Such research could build on the existing charge of the National Park Service as well as other interested parties. By doing so, Congress gains insight into whether and how this federal legislature should expand protections for national historical parks.

My article explains, at least in part, how Congress …

Is It Time To Revive The Privileges Or Immunities Clause?, Hwi Won Kim

Maurer Theses and Dissertations

Is it time to revive the privileges or immunities clause?

I argue it is. But in a distinct way from what other legal scholars have suggested. Today, two ideas dominate discussion of the Privileges or Immunities clause of the 14th Amendment. First, the Supreme Court rendered it a nullity in the Slaughter-House Cases (1873). Second, any attempt to revive it, most prominently Justice Thomas's recent concurrence in McDonald v. City of Chicago (2010), necessarily means an abandonment of modern rights now protected by Due Process or Equal Protection. The first, in essence, argues the Clause is already dead, while the …

Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra

Cardozo International & Comparative Law Review

The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.

We The Voters: A Response To Professor Douglas, Jonathan L. Marshfield

UF Law Faculty Publications

A Response to Professor Joshua Douglas's Article, The Power of Electorate Under State Constitutions, 76 Fla. L. Rev. 1679 (2024).

Foreword, June Carbone

Minnesota Journal of Law & Inequality

No abstract provided.

A Quadruple Bind? How Romantic Partner Dynamics May Hold Women Back At Work, Especially In The “Winner Take All” Economy, Melissa Vink

Minnesota Journal of Law & Inequality

No abstract provided.

Tournament Incentives And The Triple Bind For Working Women, Amalia R. Miller, Carmit Segal

Minnesota Journal of Law & Inequality

No abstract provided.

On Triple Bind Remedies In Fair Shake And Gender Bias Remedies In Psychological Science, Eugene Borgida, Nicholas M. Alia

Minnesota Journal of Law & Inequality

No abstract provided.

The Lawless Workplace, Matthew T. Bodie

Minnesota Journal of Law & Inequality

No abstract provided.

Two Cheers For The Revolving Door, Stephen Calkins, Erica Straus

Law Faculty Research Publications

Where do top US government antitrust lawyers come from – and go to? The so-called “revolving door” has long been a familiar part of the process. In recent years and especially during the Biden Administration, this custom has attracted increased attention and concern. What are the facts? This chapter sets out, in detailed tables, the background and subsequent employment of top government antitrust lawyers. Many enforcers came from major law firms (FTC commissioners much less frequently than others) and leave for major law firms. (Although studied in less detail, top state antitrust enforcers are starting to transition to major law …

To Insure Domestic Tranquility And Provide For The Common Defence: The Preamble’S Concern With Internal And External Threats, Stuart Ford

UC Law Constitutional Quarterly

No abstract provided.

Editor's Note: Conversations With The Coalition That Passed The Racial Justice Act, Mia Thillet, Sam W. Scheipers

North Carolina Law Review

No abstract provided.

Foreword, Gene Nichol

North Carolina Law Review

No abstract provided.

Ken Rose Interview, Ken Rose, Gene Nichol

North Carolina Law Review

No abstract provided.

Floyd B. Mckissick, Jr. Interview, Floyd B. Mckissick Jr., Gene Nichol

North Carolina Law Review

No abstract provided.

Charmaine Fuller Cooper Interview, Charmaine Fuller Cooper, Gene Nichol

North Carolina Law Review

No abstract provided.

Liquid Power: Myths, Realities, And Policy Responses To Wall Street's Takeover Of Water Markets, Vanessa Casado-Pérez

Faculty Scholarship

In Don Quixote, there is a moment when all the knightly novels are thrown into the fire for their fantastical depictions of chivalry. Yet one book is spared: Tirant lo Blanc. It is saved because, unlike the others, it portrays knights who die in their beds-offering a more realistic depiction of medieval battles. Similarly, Liquid Asset stands out as the book that should be preserved from the extensive body of scholarship on water markets. Many works in this field are influenced by ideological biases that shape their analyses. In contrast, Buzz Thompson's books provides the nuance and balance often lacking …