Law Commons^™

How Design Thinking Can Help Lawyers Find Purpose In Work, Bridgette Carr, Vivek Sankaran

Other Publications

In the wake of significant government layoffs, increasing political instability and a justice system stretched to its limits, lawyers across the country are overwhelmed. Some were abruptly dismissed from their federal positions and are scrambling to find meaningful work. Others in legal aid and nonprofits are drowning under a surge of urgent cases, from housing crises to immigration battles. Even those in the private sector are grappling with how they can contribute to addressing the relentless wave of injustices unfolding around them. Lawyers everywhere are struggling. Those in the trenches are overwhelmed. Many of us feel helpless. And all too …

The Historical Evolution Of Corporate Social Responsibility: A Foreword To The Eli Guidance, Reuven S. Avi-Yonah

Other Publications

This issue includes the “ELI Report on Company Capital and Financial Accounting for Corporate Sustainability” and accompanying studies, including Anne Le Manh, https://doi.org/10.1515/ael-2021-0041, “Accounting Policies and Dividend Limitation: A European Comparison”, and country reports from Germany, Italy, France, Croatia, Japan, and the UK. The focus of the Report is on environmental, social and governance (ESG) considerations, which “concern broad matters pointing to the sustainable and responsible long-term relationship of companies with stakeholders, society and nature … In this context, an important and timely debate is ongoing as to how companies could and should be sustainable and responsible for the benefit …

Disappearing Data At The U.S. Federal Government, Janet W. Freilich, Nicholson Price Ii, Aaron S. Kesselheim

Other Publications

Health data hosted by the U.S. federal government have been disappearing. According to our analysis, between January 21 and February 11, 2025, the Centers for Disease Control and Prevention (CDC) removed 203 datasets (13% of its online datasets, a reduction from 1519 to 1316). The situation is dynamic; various datasets have been removed, restored, manipulated, or not posted as planned.

How Artificial Intelligence Will Shape Securities Regulation, Gabriel Rauterberg

Other Publications

How will the increasing prevalence and sophistication of artificial intelligence (AI) change the doctrine and practice of securities law? My main thesis is that it will push securities regulation toward a more systems-oriented approach. This approach will replace securities law's emphasis, in areas like manipulation, on forms of enforcement targeted at specific individuals and accompanied by punitive sanctions with a greater focus on ex ante rules designed to shape an ecology of actors and information.

Against Judicial Generalists, Matthew L.R. Fletcher

Other Publications

There is something irritatingly wrong with Indian law practice at the Supreme Court.

Oral argument at the Supreme Court is a bitterly unpleasant affair for Indigenous people and tribal advocates for a lengthy variety of reasons. It is canonical that tribal advocates must attempt to avoid Supreme Court review; the strategic thinking is that the Court is the last place an Indian tribe would ever want to be. No Indigenous person has argued a case before the Supreme Court since 2001, approaching a quarter century. Only a tiny handful of Indigenous people have ever clerked for a Supreme Court justice. …

Most-Favored-Nation Drug Pricing—How Courts Could Shape Future Health Regulation, Nicholas Bagley, Craig Garthwaite, Benedic Ippolito

Other Publications

The Trump administration recently issued an Executive Order aimed at delivering most-favored- nation (MFN) drug pricing to the US. The order instructs drug manufacturers to reduce the prices of brand-name drugs to match the lowest price among selected high-income countries. If drug makers do not make significant progress toward this goal, the administration will pursue several strategies to lower prices. Most notably, the Executive Order directs the Secretary of Health and Human Services (HHS) to propose a rule to impose MFN pricing. In all likelihood, the administration will revisit prior efforts to enact MFN pricing through the Center for Medicare …

Transformative Impact Of Ai And Digital Technologies On The Fintech Industry: A Comprehensive Review, Soudeh Pazouki, Behdad Jamshidi, Armia Jalali, Arya Tafreshi

Finance Faculty Publications

This paper examines the impact of artificial intelligence (AI) and digital technologies on the financial technology (FinTech) industry and demonstrates how AI- enabled strategies are increasing the ability of businesses not only to grow, but also to better serve their customers through operational efficiencies. But as immersive as the technological advancements may be, they present challenges in connection with increasingly complicated licensing regulations and a constantly evolving technological landscape. We examine the way AI and algorithms are streamlining workflows, enhancing productivity and expanding access to financial resources for traditionally under – served populations. The paper also discusses the macroeconomic implications …

Measuring The Rapidly Increasing Use Of Artificial Intelligence In Legal Scholarship, Michael Conklin, Christopher Houston

St. Mary's Journal on Legal Malpractice & Ethics

The rapid advancement of artificial intelligence (AI) has had a profound impact on nearly every industry, including legal academia. As AI-driven tools like ChatGPT become more prevalent, they raise critical questions about authorship, academic integrity, and the evolving nature of legal writing. While AI offers promising benefits—such as improved efficiency in research, drafting, and analysis—it also presents ethical dilemmas related to originality, bias, and the potential homogenization of legal discourse.

One of the challenges in assessing AI’s influence on legal scholarship is the difficulty of identifying AI-generated content. Traditional plagiarism-detection methods are often inadequate, as AI does not merely copy …

Co-Constructing The Future Of Digital Intimacy, Chris Geeng, Lucy Qin, Allison Mcdonald, Amna Batool, Diana Freed, Oliver L. Haimson, Jevan Hutson, Elissa M. Redmiles, Zahra Stardust, Miranda Wei, Douglas Zytko

Articles

The Internet, artificial intelligence, and other emerging technologies have transformed the way humans can interact with each other and express romance, sex, and other forms of intimacy. Digital intimacy, including online dating, sexual/intimate content sharing, online sex work, and romantic chatbots, has grown ubiquitous. This can both be a source of great joy, such as when connecting remote partners and supporting sexual self-expression, and a source of harms, including but not limited to image-based sexual abuse, deepfakes, location privacy violations, and technology-enabled intimate partner violence. As new technologies continue to transform digital intimacy, this workshop aims to create a sex-positive …

Curb Their Enthusiasm: Controlling The Discretion Of Creative Prosecutors, Scott Schumacher

Articles

On January 6, 2021, a mob of supporters of then-president Donald Trump stormed the U.S. Capitol Building to disrupt the certification by Congress of the presidential election. Joseph Fischer was a member of that mob, and he was one of the individuals who forced his way into the Capitol Building. He was charged with multiple criminal counts, including obstruction of an official proceeding, in violation of 18 U.S.C. § 1512(c) for allegedly attempting to delay Congress’ election certification. In Fischer v. United States, the United States Supreme Court reversed the obstruction charge, holding that section 1512(c) did not apply to …

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Mapping The South Dakota Legislature, John Mccullough

South Dakota Law Review

All state legislatures are unique. Each is rooted in a state’s political tradition and culture. A state legislature carries out its constitutional duties at a specific place— in a capital city and usually in a state capitol building. The setting of legislative activity is not simply a backdrop on a political stage, but rather, it is an integral component of a state’s political story. What makes the South Dakota Legislature’s story “one-of-a-kind” is the location at which it carries out its work. This article maps out that location, showing its distinctiveness among all state legislatures and providing a greater context …

South Dakota's Citizen Legislature: 100 Sessions Of Constancy And Change, Tonnis H. Venhuizen, David K. Wheeler

South Dakota Law Review

The 2025 session of the South Dakota State Legislature marks its 100th regular session, providing an opportunity to reflect on its history and celebrate its role as a citizen-focused, part-time, and accessible institution. Established in 1889, South Dakota’s statehood was shaped by a desire to end the perceived corruption of territorial governance and to create a system rooted in republican principles, limited spending, and agrarian values. The state’s early legislature emphasized fiscal restraint, citizen representation, and rural priorities. Over time, reforms modernized the institution, including changes to apportionment, term limits, and technology, enhancing transparency and public engagement. Women gained representation …

Have Recent Legislative Changes In South Dakota Made Using The Initiated Measure Process More Difficult?, Cory Heidelberger, Teagan Mcnary, Reynold F. Nesiba

South Dakota Law Review

The right of the people to initiate and refer laws has been enshrined in South Dakota’s Constitution since 1898. In recent years, citizen advocates have used the initiated measure process to raise the minimum wage (2014), end payday lending (2016), and expand Medicaid (2022). In November 2020, Amendment A passed with 54% of the vote, legalizing recreational marijuana. However, after judicial review, this result was nullified. While these ballot measures were being organized and promoted, South Dakota’s Republican supermajority legislature and two Republican Governors enacted dozens of changes to the initiative and referendum process. Some of these measures, too, have …

Introduction To Contemporary Facets Of Injustice, Gordon Babst

Political Science Faculty Books and Book Chapters

Injustice itself is too infrequently the subject of direct rumination, with one notable exception being Judith Shklar’s The Faces of Injustice. The chapters in this volume consider some contemporary injustices, revealing their presence in ways that help to explain current issues that range from inequities in food access to the dangers of Christian nationalism, from better understanding how to conceptualize international law, to income disparity and the tax code.

Religious Liberty, Public Accommodations, And Non-Discrimination: A Rapidly Emerging Injustice, Gordon Babst

Political Science Faculty Books and Book Chapters

The decision in Burwell v. Hobby Lobby Stores, Inc., suggested to many that the scope of religious liberty was in a principled, logical way expanded to include free expression rights of corporate entities. It is concerning that many champion the decision as a basis for expanding religious exemptions to non-discrimination law as regards public accommodations, especially since the same reasoning that is being used with respect to the contemporary target of discrimination based in religious belief—American citizens who happen to be in a sexual minority—would apply by analogy, as it once did explicitly, to racial minorities. Unfortunately, given the …

Community Redevelopment Agencies' (Cras) Perceptions Of The Legal, Ethical, Economic, And Financial Impacts On Florida's Redevelopment Since The Passage Of Florida House Bill 9 In 2019, Laurel L. Richmond

Honors Undergraduate Theses

This qualitative study explores the legal, ethical, economic, and financial impacts on Community Redevelopment Agencies (CRAs) following the passage of Florida House Bill (HB) 9 in 2019 by interviewing administrators and attorneys of the oldest Florida CRAs. CRAs are dependent special districts, funded by tax increment financing (TIF), and created to address areas deemed slum, blighted, or facing a shortage of affordable housing. HB 9 intended to address transparency and accountability issues and restore CRA operations and spending back to the original purpose, as authorized by Florida Statute 169.

The findings are timely and novel, given it has been five …

Free To Be You But Not Me?, Leah Litman

Reviews

In Gendered Liberty, Prof. Laura Portuondo presents a doctrinal puzzle: While claims to individual liberty are in decline in some spaces, they are ascendant in others. As Portuondo describes things, constitutional law has become increasingly hostile to claims by people who seek to defy gendered stereotypes. That includes the women who, for whatever reason, do not want to become mothers when they are pregnant, as well as the women whose lives, health, or fertility would be in jeopardy if they became mothers. The Supreme Court overruled their claims to liberty in Dobbs v. Jackson Women’s Health Organization.

Data Privacy Regulations In The Gaming Industry: A Comparative Analysis Of Singapore, Macau, And Japan, Miloslava Plachkinova

Faculty Articles

This study explores the relatively under-researched area of comparing data privacy regulations and best practices across different countries, with a focus on the gaming industry. It provides an overview of general data privacy principles and existing global regulations, analyzing how gaming operators leverage personal data for competitive advantage. Specifically, the research examines the data privacy approaches and regulatory requirements in Singapore, Macau, and Japan, highlighting the cultural and historical contexts influencing these regulations. Through a comparative analysis, the article discusses the compliance needs for gaming operators in these jurisdictions.

Mental Health In The Post-Deployment Transition Assistance Program: A Qualitative Study Of National Guard Members' Experiences, Alayna L. Collins

Antioch University Dissertations & Theses

Objective: National Guard post-deployment and reintegration processes leave servicemembers with a unique urgency to return to their families, homes, and civilian lives due to the timing and location of the post-deployment Transition Assistance Program (TAP); consequently, National Guard members have reported “checking the boxes” on mental health screeners to prioritize a quick and smooth transition (Salahi, 2023). Although researchers have called for data on the experiences of National Guard members undergoing post-deployment TAP since 2005 (Bascetta), no research to date has answered this call. Method: Eight National Guard members who had been deployed and had undergone post-deployment were individually interviewed …

The End(S) Of Bankruptcy Exceptionalism: Purdue Pharma And The Problem Of Social Debt, Pamela Foohey, Jonathan C. Lipson

Scholarly Works

The Supreme Court’s recent 5-4 decision in the controversial chapter 11 bankruptcy reorganization of opioid-maker Purdue Pharma ends the use of nonconsensual third-party “releases,” which discharge (eliminate) liabilities of non-debtors who may share liability with a corporate debtor. Although the majority opinion is correct that the Bankruptcy Code does not permit this, it failed to recognize the problematic exceptionalism of the lower courts which approved those releases or the “social” qualities of Purdue Pharma’s mass tort liability.

Bankruptcy exceptionalism has been a contested concept since it emerged over fifteen years ago, and reflects a willingness to bend the rule of …

Confession And Confrontation, William Ortman

Scholarly Works

The constitutional law of confessions has a critical blind spot. In theory, the law serves two interests. First, it protects the autonomy of suspects by stipulating that they can be questioned while in custody only with their consent. Second, it restrains official misconduct by forbidding interrogation methods that overbear a suspect's will. Even if the law adequately safeguards those interests, something is missing: reliability. As false confessions emerge as a major source of wrongful convictions and as social scientists expose how standard interrogation tactics prompt innocent people to confess, the Supreme Court and conventional wisdom insist that the reliability of …

What's In A Name? Policing, Juliet., Shanée Brown

Scholarly Works

Child welfare" and "child protection" are misnomers. These terms do not accurately depict the investigatory nature of the system purported to help families, or at the very least, save endangered children. Contrary to public opinion, the "child welfare system" comprises of state actors who police parents and children. It is the naming of this system that convinces the public that these agencies are excised from the category of law enforcement, persuading many that the agencies engage in social work and not police work. Calling the system what it really is-family policing-is a step toward achieving justice for families adversely impacted …

The Regulation Of Presidential Elections, Lori A. Ringhand

Scholarly Works

There is an unresolved dispute lingering just beneath the surface of a host of laws regulating our elections: does Congress have power under Articles I and II of the Constitution to legislate the nuts-and-bolts rules governing presidential elections? The issue exists because of a textual gap in congressional authority. Article 1 section 4 of the Constitution gives Congress the power to override a state's choices about the "times, places, and manner" of congressional elections held in the state. Article II section 1 gives the legislature of each state power to determine the “manner” in which its presidential electors are appointed, …

Un Tax Negotiations: North-South Tensions And The Challenge Of Institutional Legitimacy, Assaf Harpaz

Scholarly Works

The drafting process for a United Nations Framework Convention on International Tax Cooperation, along with two early protocols, is now underway. A UN framework convention represents a Global South effort to shift international tax policymaking from the OECD to the UN. For developing countries, the UN has long been viewed as a more inclusive space for tax policy negotiations, producing more favorable but historically less influential standards compared to the OECD.

Support for the UN framework convention, including its terms of reference, has been sharply divided across traditional Global North-South lines. The backlash following the OECD’s recent two-pillar reform triggered …

Numerus Clausus No More: A Fundamental Shift In Delaware Corporate Law, Usha Rodrigues

Scholarly Works

This Essay applies Thomas Merrill and Henry Smith’s theory of numerus clausus—the idea that a limited menu of legal forms reduces transaction costs—to the world of business entities. Historically, investors had a straightforward choice: the decentralized general partnership or the centralized corporation, each with predictable governance and liability rules. Even innovations like the LLC, benefit corporation, and L3C merely expanded the list of standard options, preserving a clear, finite set of organizational forms.

But recent changes in Delaware corporate law have shattered this standardization norm. The addition of Section 122(18) to the Delaware General Corporation Law, combined with increasing reliance …

Global Tax Wars In The Digital Era, Assaf Harpaz

Scholarly Works

The digital economy fundamentally disrupts international tax principles that rely on physical presence. When a business earns income abroad, the country of residence (where the taxpayer resides) and the country of source (where income is generated) both have legitimate, competing claims to tax that income. The international tax system tends to favor residence-based taxation. The source country has the right to tax business profits only if the enterprise carries on a permanent establishment within its borders, which typically requires physical presence. The permanent establishment standard becomes flawed in a digital economy where profit shifting practices are abundant and businesses no …

Ai Artists On The Stand: Bias Against Artificial Intelligence-Generated Works In Copyright Law, W. Michael Schuster, Joseph J. Avery

Scholarly Works

Generative artificial intelligence (AI) is revolutionizing the creation of art, literature, and music, challenging the boundaries of intellectual property law. To date, scholars have primarily focused on AI's authorship/entity status and the regulation of its use, overshadowing a critical issue: how AI's involvement in creative processes influences legal judgments in copyright disputes. Our empirical research reveals systemic bias against AI-generated works in such legal matters. In our studies, participants read about a company that had hired either a human designer (condition one) or a generative AI art system (condition two) to produce works of art, and those works of art …

Absolutely Unnecessary Immunity, Eileen R. Prescott

Scholarly Works

Prosecutors, like judges, cannot be sued for their professional misconduct in most jurisdictions. As long as their actions are sufficiently tied to their job duties, their actual malice does not matter, even if they had demonstrable malice-a prosecutor could bring baseless charges against an ex-spouse specifically to harass them, with absolute immunity from suit. This immunity allows prosecutors to abuse the power of their office without civil recourse. In theory, absolute immunity aims to protect the office by resolving cases simply and quickly, but in reality, courts get bogged down litigating whether a prosecutor's specific action was sufficiently tied to …

Cliff Running, William Ortman, Dov Fox

Scholarly Works

Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing health? Does a police officer fire at a suspect pointing an unidentified metal object? The criminal law tells these professionals: Don’t intervene unless the danger is serious and the risk is imminent. But it offers little to guide that determination beyond: Be reasonable. Yet the “right” choice—the one that’s legally safe—often resembles the “wrong” one: a felony punishable by decades in prison. These ambiguous regimes operate as liability cliffs that professionals are forced to traverse at …