Law Commons^™

Sports Law—Bad Agents Or Bad Athletes? Rethinking The Definition Of “Student-Athlete” Under The Uniform Athlete Agents Act—Williamson V. Prime Sports Mktg., Llc, 101 F.4th 302 (4th Cir. 2024), Dante Simeti

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Redefining The Pulpit: Anti-Discrimination Protections Threatened By Continuous Expansion Of The Ministerial Exception—Billard V. Charlotte Cath. High Sch., 101 F.4th 316 (4th Cir. 2024), Katelyn Glynn

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

Faculty Works

This essay examines the role of inclusivity as a foundational principle in online legal education, arguing that it is essential to fulfilling institutional missions, aligning with established pedagogical best practices, and enhancing the overall learning experience. Drawing on the development of a fully online J.D. program, the piece outlines how inclusivity can be embedded at both the institutional and classroom levels. It highlights strategies for fostering a sense of community among geographically dispersed students, including integrating online learners into broader academic and co-curricular activities, designing courses that balance synchronous and asynchronous instruction, and implementing consistent instructional standards. The essay further …

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states six principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the six principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains generative …

Defining The Field Of Wellness Law, Barbara Zabawa

Faculty Works

Some lawyers practice “wellness law” without knowing what it is and how it differs from more recognized fields of practice such as health law, public health law, and medical malpractice. This article defines the field of wellness law using in a prescriptive manner the organizational framework that identifies the common and distinctive patterns in wellness and the law that surrounds it. This examination entails reviewing statutes and cases that differentiate between conventional health care and products or services outside of it to identify the core problems that are common and unique to wellness law. Those core problems are twofold. First, …

Inconclusive History, Allen Roston

Faculty Works

No abstract provided.

Social Purpose Reit, Evan Absher

Faculty Works

The United States grapples with a severe housing affordability crisis, often attributed to restrictive zoning laws, speculative private equity investment, and policy deficiencies. Each of these factors contributes to the housing shortage, but addressing any single factor in isolation is insufficient to resolve the underlying issue. A holistic solution requires increasing housing availability across the entire affordability spectrum through both the production of new units and the preservation of existing affordable housing.

This article argues the misalignment of interests among key local stakeholders—residents, community organizations, and investors is the fundamental cause of the housing crisis. Realignment requires a transformation of …

Ai Lawyering Skills Trainers: Transforming Legal Education With Generative Ai, Alexandria Serra

Faculty Works

The integration of generative AI (GenAI) tools in legal education is not just an innovation—it's a transformative shift redefying how law students acquire and refine advocacy skills. This article examines AI’s critical role in modernizing legal education, emphasizing its potential to offer personalized, one-on-one coaching that enhances student learning and engagement. As AI reshapes the legal profession, law schools must evolve to prepare students for an AI-driven future. Serving as a practical guide, this article provides a step-by-step framework for educators and institutions to develop AI tools that simulate real-world courtroom scenarios and provide continuous, personalized feedback. It also highlights …

Replacing This Old House: Certifying And Regulating New Legal Services Providers, Bruce A. Green, M. Ellen Murphy

Faculty Scholarship

This Article comprehensively examines the decisions that state courts must make, and have made to date, when they certify and regulate new categories of legal services providers: those individuals other than lawyers who are authorized to provide discrete legal services that the laws governing the unauthorized practice of law (UPL) generally reserve to lawyers.

In certifying new categories of legal services providers, courts must make an array of interrelated decisions. These include decisions about the rules for educational and testing requirements, the scope of services that legal services providers may offer, the conditions under which they may provide services, and …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 2, Eve M. Brank, David J. Dreyer, Reba Ann Page, Jane Manning

Court Review: Journal of the American Judges Association

Contents

Understanding GenAI What Courts Should Know, AI Rapid Response Team of the National Center for State Courts

Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts, Pablo Arredondo and Javed Qadrud-Din

Any Sufficiently Transparent Magic... Damien Patrick Williams

Principles and Practices for Using AI, Thomson Reuters Institute/National Center for State Courts

Evidentiary Issues Raised by Artificial Intelligence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Acknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Evaluating Unacknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Want to Know More About AI? ABA …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 3 & 4, Eve M. Brank, David J. Dreyer, Reba Ann Page

Court Review: Journal of the American Judges Association

Contents

Civil Cases in the Supreme Court’s October Term 2024, Thomas M. Fisher

Consensus and Conflict Over Context: Select Criminal Law and Procedure Cases from the Supreme Court’s 2024-25 Term, Eve Brensike Primus and Elena Schultz

Yes, There’s a Public Trust Crisis but Your Daily Efforts Can Reverse It, Emily LaGratta and Tom R. Tyler

Was That Wrong? Spontaneity’s Role in Judicial Discipline Allegations, John W. Valente, Shawn C. Marsh, and Tahliah Ling

Correction: Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts

Editors' Note, Reba Ann Page and David J. Dreyer

Thoughts from Canada: The Supreme …

Falsifying Tradition, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

From cases spanning gun rights, reproductive freedom, religious liberty, and personal jurisdiction; to separation of powers and other structural features of the Constitution, courts increasingly rely on tradition to guide their decisions. Often, judges appeal to tradition in a vaguely empirical way, as “facts to study, not convictions to demonstrate about,” in the words of Justice Antonin Scalia. Yet, for a claim that purports to be factual, there’s very little agreement, or even analysis, about what renders this factual assertion—tradition—true or false. This Article tackles that foundational issue.

Part I surveys the ways in which courts use tradition in different …

Remedies In The First Hundred Days Of Trump Ii: A Gently Adversarial Collaboration, Samuel Bray, James E. Pfander

Public Law and Legal Theory Working Papers

No abstract provided.

When The Executive Has Unclean Hands, William Baude, Samuel L. Bray

Public Law and Legal Theory Working Papers

Those who come into equity must come with clean hands. But what happens when it is the executive who seeks equitable relief? This Essay argues that the unclean-hands doctrine applies to the executive, though in a modified form that reflects the relation- ships between officials in the executive branch, between the executive and legislative branch, and between the government and the people. It then applies the doctrine to current controversies such as government requests for stays from the Supreme Court, and a pending lawsuit against the District of Maryland.

Remedies For A Constitutional Crisis, William Baude, Samuel L. Bray, Marin K. Levy

Public Law and Legal Theory Working Papers

Remedies for a Constitutional Crisis William Baude,* Samuel L. Bray,** and Marin K. Levy*** 139 Harv. L. Rev. (forthcoming 2026) Draft of September 29, 2025 In a crisis of authority, where it is unclear whether executive officials will comply with judicial decisions, the courts may seem to have limited remedial options. What can they do other than order that their decisions be followed, and hope for the best? This Essay shows that even once judges are firmly convinced that the executive has violated the law, their remedial options are wide and complicated. Moreover, the best path is frequently not obvious. …

A Fear Of Ideas? Social Media, Foreign Influence, And National Security In A New Era Of Great-Power Competition, Michael Park

Fordham Intellectual Property, Media and Entertainment Law Journal

The recent spate of legal restrictions on the use of TikTok and other foreign-controlled social media applications highlight concerns over personal data collection, but also how fears over the potential foreign influence of ideas from adversarial foreign governments—whether by propaganda, censorship, or disinformation—have re-emerged in the national security debate. Yet there are concerns that this new era of great power competition will be the basis for justifying overreaching speech regulations that hinder access to information and ideas under the aegis of national security. This work attempts to examine the recent enactment of speech restrictions or bans on foreign-controlled applications within …

Reevaluating Force Majeure Clauses In The Aftermath Of The Covid-19 Pandemic And Its Implications On The Entertainment Industry, Esther Animalu

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Protecting What's Yours: Rights, Risks, And Realities In Ip And Entertainment, Fordham Iplj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Ozempic Paradox: How Much Is Too Much In The Race For Weight Loss And Diabetes Treatment?, Jack Bekos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Right To (Digital) Identity, Sarah M. Snow

Fordham Intellectual Property, Media and Entertainment Law Journal

Identity verification is a prerequisite for full participation in modern society. Access to financial services, employment, housing, healthcare, education, and civic engagement all hinge on an individual’s ability to prove their identity. Millions of Americans—particularly marginalized groups—struggle with the rigid, bureaucratic, and often discriminatory processes of traditional identity verification systems. Without legally recognized identification, individuals are effectively excluded from economic and civic life. This Note argues that the ability to prove one’s identity is a protected interest. It proposes adoption of a federal Self-Sovereign Identity (SSI) as a legal and technological mechanism to guarantee all Americans have access to a …

Standing On Slippery Ground: Pfas Products, Article Iii Standing, And The Case For Legislative Action, Bren J. Chaisson

Student Competition & Published Writings

Can implementing a new statute fix the standing obstacle that many cases involving per- and polyfluoroalkyl substances (PFAS) face? PFAS are a classification of thousands of common chemicals that cause a variety of adverse health effects. Hardwick v. 3M Co. highlighted the issue plaintiffs have with establishing standing when bringing forth a case. The plaintiff’s alleged injury was the presence of five specific PFAS in his bloodwork. The 6 th Circuit Court of Appeals held that the plaintiff, a firefighter who often used PFAS-contaminated foam, was unable to demonstrate that the defendants, several PFAS manufacturers, were responsible for the PFAS …

Equipped To Manage Risk, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Message from the co-directors
• Newsflash
• Research roundup
• Faculty briefs
• Legal insights
• Awards & accolades
• Joining the team
• Enhancing access
• Equipped to manage risk
• Noteworthy
• Experiential education
• Preparing to practice

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• Message from the Dean
• Specialty Programs Ranked Among the Best
• AI Certification Requirement
• Curricular Enhancements
• New Faculty Members
• Scholarly Impact
• Conferences and Lectures
• A New Era for Business Law at CWRU
• Meet the New Class
• News from the Kramer Law Clinic
• Impactful Student Initiatives
• Mock Trial and Moot Court Success
• Alumni Spotlight
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

A New Guide To Kf Modified: Kf Classification Modified For Use In Canadian And Common Law Law Libraries, F. Tim Knight, Janet M. Moss

Librarian Publications & Presentations

The revised and updated edition of the Guide to KF Classification Modified for Use in Canadian Law Libraries written by Janet M. Moss of the Gerard V. La Forest Law Library at the University of New Brunswick in 2004 and published in 2006 as an Occasional Paper by the Canadian Association of Law Libraries/L'Association canadienne des bibliothèques de droit. This revision clarifies the use of KF Modified, incorporates the enhancements and improvements that have been applied to the KF Modified classification scheme during the intervening years, and contributes to the consistent use of this classification scheme in law libraries using …

Controlling The Mischief Of New York’S Foreclosure Abuse Prevention Act Through Constitutional Pre-Emption, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

FAPA aimed to ease the burdens of long-delayed foreclosure proceedings by restating the operation of the statute of limitations. It contains provisions across several sections of state statutes that specify that once the six year statute of limitations on actions to foreclose commences, typically by the acceleration of the balance due on the promissory note and commencement of suit, it continues to run, even after the parties have entered into a workout agreement and have dismissed the complaint. By express terms, the Act had immediate effect, such that those lenders who withdrew complaints pursuant to a workout agreement before the …

The Exactions Illusion: Sheetz's Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Public Law and Legal Theory Working Papers

No abstract provided.

Pillar Two: Much Ado About Next To Nothing?, Julie Roin

Public Law and Legal Theory Working Papers

The OECD has spent the last fifteen years working on the design and implementation of rules for the taxation of the income derived from international transactions, rules that its members hope will both increase corporate tax revenues and minimize “destructive” tax competition. In 2021, it released its two-part “Inclusive Framework.” Although Pillar One of this Framework still languishes, legislation necessary for the implementation of Pillar Two, which is designed to force all countries to impose a minimum tax on income derived by large multinational enterprises, has been enacted by most of the countries in the European Union, Japan, South Korea …

Safety Score Liability, Omri Ben-Shaharz

Public Law and Legal Theory Working Papers

Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used by tort law to apportion liability for accidents? Instead of basing tort liability on negligence—on the level of care leading to the specific accident—“safety score liability” would impose liability commensurate with a party’s habitual propensity to behave unsafely. This article describes how safety score liability would work, the incentives it would create, and the principles limiting its adoption. The article suggests that the precision of AI tools generating such scores—scores that have already reshaped other channels of safety regulation in society— offers …

Space Over Time: Housing For The Life Cycle, Lee Anne Fennell

Public Law and Legal Theory Working Papers

People need housing throughout the life cycle, and what they need from that housing changes over time. Yet the menu of residential options is often too static, rigid, and limited to respond to these changes. What would it mean to configure housing to adapt to households’ evolving spatial requirements, risk tolerances, health challenges, and financial statuses? How could greater flexibility in the built environment enable communities to deliver better residential services to their populations? Elder housing offers a illuminating window into these questions and their answers. Addressing life-stage correlated housing mismatches could help to loosen the larger supply constraints—and failures …

The Constitution And The War On Dei, Sonja A. Starr, Genevieve Lakier

Public Law and Legal Theory Working Papers

his Article examines how the second Trump Administration’s aggressive attacks on programs, policies, and speech loosely associated with diversity, equity, and inclusion [DEI] intersect with the constitutional guarantees of equal protection and freedom of speech. We argue first that there is little doctrinal support for the administration’s pervasive efforts to justify its war on DEI by invoking the Equal Protection Clause and parallel statutory law. Instead, the administration is stretching existing colorblindness doctrine beyond recognition, into a radical vision that we label “anti-antisubordination.” On this view, vindicating equality values does not only require restricting practices that treat individuals differently based …