Law Commons^™

Rps Coach Project: A Growing Library About A Valuable Ai Tool, John Lande

Faculty Publications

This document collects a growing library of publications, videos, and podcasts about the RPS Negotiation and Mediation Coach (RPS Coach), an AI tool grounded in Real Practice Systems (RPS) Theory. RPS Coach is designed to support mediators, lawyers, parties, educators, students, and scholars by promoting good decision-making and reflective practice in negotiation and mediation. This piece summarizes articles and blog posts that present the theory, knowledge base, and functions of RPS Coach, along with practical guidance for its use in dispute resolution, writing, and legal education. It includes links to each publication and will be updated as new work is …

Rps Coach Is Biased - And Proud Of It, John Lande

Faculty Publications

This short essay explores the concept of bias in artificial intelligence tools used in dispute resolution. Biases are not necessarily flaws to be avoided, but inevitable and potentially constructive features of these tools. They reflect values and design choices that AI developers should disclose.

There are both market and ethical imperatives for AI tools to disclose their features and embedded values. As developers compete for users, people will want to know what they’re getting. Disclosure helps users understand the effects of assumptions, priorities, and frameworks built into a tool’s design, and thus should be treated as a core ethical principle. …

Starting The Conversation: The Need For A Pre-Launch “Skinny Labeling” Dispute Resolution System, Eric H. Siemens

Missouri Law Review

Since Congress adopted the Hatch-Waxman Act in 1984, generic drug manufacturers have been able to come to market while certain uses of brand-name drugs are still patented by “carving out” the patented uses from their labeling. For example, suppose a brand-name drug is used to treat both tonsillitis and strep throat, but the drug company has patented only the specific method of using its drug to treat only strep throat. In this scenario, a generic manufacturer can still sell a generic version of the drug, but only for the non-patented use of tonsillitis treatment. To do this, the generic manufacturer …

New York's Constitutional Guarantee Of Environmental Rights, Katrina Fischer Kuh, Nicholas A. Robinson, Scott Fein

Elisabeth Haub School of Law Faculty Publications

New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York’s Bill of Rights, which provides that “Each person shall have the right to clean air and water, and a healthful environment.” To ensure the fulsome and effective implementation of Article I, § 19, and give effect to the intent of the legislators and voters who adopted it, it will be important to provide substantive guidance to courts, government actors, and litigants in the interpretation and application of the new constitutional text. In Pennsylvania and other states, …

Alphafold 3, Ai, Antibody Patents, The Future Of Broad Pharmaceutical Patent Claims, And Drug Development, Brendan Bargmann, Robert A. Bohrer

Faculty Scholarship

Artificial intelligence (AI) will have an enormous impact both on pharmaceutical development and patent protection, particularly for antibody therapeutics. In Amgen Inc. v. Sanofi, the U.S. Supreme Court limited the scope of Amgen’s therapeutic antibody patent to only those antibodies that were specifically described in Amgen’s patent application and that had been shown to bind to a particular region of the target antigen, blocking the activity of the antigen that caused disease. The reason for this limitation was the patent requirement of enablement: that potentially millions of antibodies could be generated to the target antigen but that not all …

Copyright

Missouri Law Review

No abstract provided.

The Sec, Fraud, And Cryptocurrencies, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman

Missouri Law Review

The SEC’s Strategic Plan for Fiscal Years 2022–2026 is focused on the impact of the rapidly developing rate of change in new technologies that provide for markets to be more interconnected and interdependent than ever. Because Congress has yet to give the SEC, or any other agency, express authority to regulate cryptocurrency, the SEC has taken a regulation-by-enforcement approach. The SEC’s recent enforcement efforts relating to crypto asset securities were substantial, with enforcement actions addressing a range of alleged misconduct in the crypto asset securities space, including billion-dollar crypto fraud schemes; unregistered crypto asset offerings, platforms, and intermediaries; and illegal …

Table Of Contents

Missouri Law Review

No abstract provided.

Masthead

Missouri Law Review

No abstract provided.

The Clobes Conundrum: Why Muldrow Should Not Apply To Hostile Work Environment Claims And How The Eighth Circuit Got It Right, M. Thomas Yang

Missouri Law Review

In 2024, the Supreme Court held that an employee does not have to prove material harm to prevail on a discrimination claim under Title VII. Because hostile work environment claims also derive from Title VII, courts and litigants are currently grappling with whether this ruling upends the long-standing “severe or pervasive” doctrine. This Note argues that it does not. Passed in 1964, Title VII of the Civil Rights Act makes it illegal for “an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, …

The Buck Stops Here: Missouri Legislature’S Defunding Of Abortion Providers, Maizey Edgar

Missouri Law Review

On May 2, 2022, the Supreme Court’s draft opinion for Dobbs v. Jackson Women’s Health Organization leaked online. The era-defining opinion to overturn fifty years of Roe v. Wade and undo the constitutional right to abortion reinvigorated the discussion surrounding reproductive healthcare access among the American public, with the majority of Americans supporting legal access to abortion in all or most cases. Over the last decade, a movement to defund abortion providers has arisen, and the issue of defunding has become an even hotter point of debate after the Dobbs decision. In Missouri, elected representatives have fought to defund Planned …

Suicide’S Shadow: The Evolution Of A Ghost Crime, Scott W. Howe

Missouri Law Review

Law treats suicide as malfeasance—a display of mental illness and, worse, a ghost crime that has never left us. While states no longer criminally punish suicide, they detain and force mental-health treatment on many who attempt it, or indicate they might attempt it, and threaten criminal sanctions against those who aid or encourage it. For these and other reasons, the suicide label functions not merely as a description of an event but as a censure. A lengthy, legal history, fueled originally by religion but then tempered by pragmatism, led to these circumstances and can largely rationalize relevant legal doctrines and …

Intangible Harms, Tangible Consequences: Analyzing The Impact Of Transunion On Standing To Sue For Data Breach, Noelle Wilson, Amanda Reid

Missouri Law Review

Scholars and practitioners predicted that the 2021 Supreme Court case TransUnion v. Ramirez would essentially nullify the private right of action—a key enforcement mechanism for many consumer privacy laws. This Article analyzes federal courts (N=96) interpreting TransUnion in data breach contexts. Our contribution is twofold: (1) identifying tests courts employ to determine whether data breach plaintiffs have alleged sufficient “injury in fact” to establish Article III standing, and (2) highlighting the areas of inconsistency in how courts employ those tests. The analysis serves to ground the scholarly debate about the implications of TransUnion in holding breached entities accountable. Despite the …

Seaweed Cultivation And Sinking For Carbon Dioxide Removal In Alaska, Ashwin Murthy, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

Meeting global climate change goals requires a rapid and dramatic reduction in greenhouse gas emissions. That will not be sufficient by itself, however. It will also be necessary to remove carbon dioxide, and potentially other greenhouse gases, from the atmosphere. One proposed approach involves the cultivation and sinking of seaweed.

Alaska’s coastal waters, rich in nutrients, provide ideal conditions for seaweed cultivation projects. Moreover, Alaska’s coastal waters are more vulnerable to acidification than those in lower latitudes, making aquaculture particularly beneficial in this region. Alaska has made active efforts to streamline the permitting of seaweed cultivation, encouraging research projects in …

Are The Kids Alright? An Analysis Of Sex Education, The Sexual Behaviors Of Minors And Age Of Consent Laws In The United States, Monica L. Johnston

Senior Theses

This paper explores the sexual development of children, the sexual education they receive, as well as the history of sex laws in the United States, to determine whether the laws regarding education and age of consent adequately protect children. A qualitative survey is also conducted with undergraduate students at the University of South Carolina to determine what topics were discussed in their sexual education curriculum, as well as their sexual behaviors as a minor. While the push for comprehensive sexual education models has been growing, millions of dollars are still being allocated to promote Abstinence Only Until Marriage programs, which …

Delta-8 Tetrahydrocannabinol Policy And Related Health Impact Among College-Aged Individuals In South Carolina: A Scoping Review, Emily K. Luoma

Senior Theses

After the 2018 Farm Bill passed, loopholes were quickly found that led to the popularization of delta-8 THC, a derivative of delta-9 THC, more commonly known as marijuana. Use of this substance became particularly high in states that criminalized marijuana, such as South Carolina. This scoping review aimed to assess South Carolina’s current delta-8 policies in the context of health-related impacts among college-aged students. Comprehensively analyzing the results of relevant studies, it was determined that there are three commonly observed threats to public health that are direct outcomes of existing policies: 1) a lack of quality control standards; 2) misleading …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Act 388: An Examination Of How An Obscure Property Tax Law Revolutionized Property Tax Funding In South Carolina, Katie Boyette

The Journal of Law and Education

No abstract provided.

The Art Of Advocacy Revealed Through Law School Curriculum, Ashley Jones Hall

The Journal of Law and Education

No abstract provided.

No Child Left Behind Bars: The Educational Attainment Of Children With Incarcerated Parents, Nate Tackett

The Journal of Law and Education

No abstract provided.

Masthead Volume 127, Issue 3

West Virginia Law Review

No abstract provided.

Table Of Contents

West Virginia Law Review

No abstract provided.

Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners

University of Michigan Journal of Law Reform

Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.

This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …

Trump V. United States And The Half-Originalist Presidency, Christine Kexel Chabot

University of Michigan Journal of Law Reform

The Supreme Court’s recent decision in Trump v. United States has been criticized for its ahistorical approach to presidential immunity. This Essay offers the first account of the historical mismatch between the Trump Court’s decision to immunize presidential removal power and Founding era conceptions of the presidency. Unlike the presumptive immunity that the Court recognized for most other official presidential acts, the immunity afforded for presidential removal power is absolute. The Court ruled that the President’s “unrestricted power of removal” can never be regulated by Congress or considered as evidence of wrongdoing, even when the President threatens removal to effectuate …

The Misuse Of Ratification-Era Sources By Unitary Executive Theorists, Jed Handelsman Shugerman

University of Michigan Journal of Law Reform

This symposium essay suggests that, given an ostensibly originalist Supreme Court, the future depends on getting the past right. The unitary executive theory is approaching its political and doctrinal zenith in 2025, at the very moment it is approaching an evidentiary crisis. This essay details that crisis: a subset of misuses and misrepresentations of sources in the unitary executive scholarship. This subset focuses on serious misrepresentations of the Ratifications debates.

The Ratification debates appropriately have become the primary source of evidence for original public meaning, the dominant theory of originalism. The Ratification debates have always been a significant problem for …

Contents, North Carolina Civil Rights Law Review

North Carolina Civil Rights Law Review

No abstract provided.

Feeding The Fire: The Feedback Loop Created By Mass Incarceration And Climate Change And Why Abolition Is The Only Way To A Stable Climate, Mandy Mericle

North Carolina Civil Rights Law Review

No abstract provided.

“Gruesome Logic”: The Tucson No More Deaths Prosecutions And Religious Liberty, Kristina M. Campbell

North Carolina Civil Rights Law Review

No abstract provided.

Title Ix And Financial Assistance In The Nil Era, Barbara Osborne

North Carolina Civil Rights Law Review

No abstract provided.

Reconstruction Courts And Rights Enforcement: Examining An Enigmatic Jurisprudence, Joseph M. Tracy

North Carolina Civil Rights Law Review

No abstract provided.