Law Commons^™

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

North Carolina Law Review

No abstract provided.

Black Labor Matters, Michael Z. Green

Faculty Scholarship

Black and organized workers increasingly find themselves threatened by two key outside forces: one seeking to stop anti-racism efforts via diversity, equity, and inclusion (DEI) practices and the other curtailing employees’ union organizing. This Article argues that a response must be grounded in uniquely local strategies by two specific worker coalitions. One coalition–the New Black Workers Movement (NBWM)–arose from Black Lives Matter civil rights protests in 2020 that captivated the workplace and heightened awareness about anti-Blackness and concerns of systemic racism. The other coalition–the New Labor Workers Movement (NLWM)–developed in 2020 as a workplace response to a global pandemic that …

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Climate Lies And Unjust Profits, Vanessa Casado-Pérez, Yotam Kaplan, Yael Lifshitz, Niv Meyerson

Faculty Scholarship

The climate crisis has reached a perilous tipping point. Our entrenched reliance on fossil fuels remains unchecked, as fossil fuel corporations wield their power to block meaningful reform and entrench their profits. The political horizon offers little relief—an incoming administration is poised to dismantle vital environmental protections, stripping away the few safeguards that stand between us and climate catastrophe.

In this grim landscape, communities across the nation are turning to the courts with renewed urgency, seeking justice and reform through climate litigation. Yet past efforts have fallen short, stymied by two formidable barriers. First, by centering on greenhouse gas emissions …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Fifty Ways To Leave Your Lover: Using State Constitutions To Escape The Dead Hand Of Article V, Meg Penrose

Faculty Scholarship

Thomas Jefferson believed that “the earth always belongs to the living generation.” His constitutional approach would empower twenty-first century Americans to decide twenty-first century problems regularly determined by the United States Supreme Court. Article V, the formal method for constitutional change, seemingly relegates these decisions to the Supreme Court because amending the federal Constitution is nearly impossible.

Unfortunately, our fixation on federal constitutional law often eclipses the power of state constitutional law. State constitutions balance our relatively static federal Constitution with responsive state governments. There is no need to debate what the Framers thought about modern issues when Americans can …

Court-Stripping, Court-Packing, And Court Defying: Revisiting The Supreme Court’S Essential Functions, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

The "essential functions thesis" is one of the most famous structural arguments in the field of federal courts. The thesis, which has been endorsed by a number of prominent scholars and the executive branch, posits that there are implicit, structural limits on Congress's authority to "strip" the Supreme Court of its appellate jurisdiction. Court-stripping, the thesis contends, is not allowed if it would undermine the essential functions of the Court-in particular, maintaining the supremacy and uniformity of federal law. In this Article, we revisit that thesis with three goals in mind. First, we aim to show that the structural arguments …

Reflections On The Use And Misuse Of Economic Analysis In Copyright, Glynn Lunney

Faculty Scholarship

Economic analysis has long been used to justify copyright regulation. Long before the Statute of Anne, the Stationer’s Guild told the story of the copying competitor, who in the absence of regulation, would copy every original book and offer it for less. In the story, the coping competitor would, in the absence of regulation, deprive the original author of an opportunity to recoup their authorship investment, and so lead to a world where no books at all would be published. To ensure sufficient incentives for authorship, some degree of copyright regulation was thought essential. At the same time, in the …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

Adaptability From Tv & Film Into Theatre | The Subversion Inspiration In Celia’S Identity Versatility Throughout William Shakespeare’S As You Like It, Emani White

LSU New Orleans Theses and Dissertations

This thesis explores the inspiration of adaptability skills, pivoting from television and film into theatre, and the potential of unconventional pathways as a catalyst for reconciling anti-traditionalism within the mediums. It offers insight into the obstacles, segues, and adversities faced during the journey of a former athlete turned television and film actor, and into a theatre actor. It illuminates agency as a subversive identity (the disguise), the sacrifice of status, and the need for an emotional anchor of resilience—acknowledging the systemic transitional barriers in performance, career, and education. The paper also discusses the understandings gained from my journey as an …

The Unitary Executive And The Federal Reserve, Lev Menand

Faculty Scholarship

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation — known as the unitary executive theory (UET) — would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the …

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

Sticky Charters? The Surprisingly Tepid Embrace Of Officer-Protecting Waivers In Delaware, Jens Frankenreiter, Eric L. Talley

Faculty Scholarship

This article examines the response to Delaware’s much-heralded 2022 legal reform that permitted corporations, for the first time, to adopt charter provisions exculpating corporate officers from liability for breaching their fiduciary duty of care. Contrary to widespread predictions that corporate actors would swiftly adopt officer exculpation provisions, our analysis — using both traditional and generative artificial intelligence (AI) methods — reveals a surprisingly low rate of uptake, over three years after the reform’s enactment.

Our study makes both methodological and substantive contributions. Methodologically, we present a novel application of large language models (LLMs) to identify and interpret technical clauses in …

Poor Esg: Regressive Effects Of Climate Stewardship, Zohar Goshen, Assaf Hamdani, Alex Raskolnikov

Faculty Scholarship

The rise of inequality and global warming are the two ultimate challenges of our time. After decades of congressional failure to address climate change, the private sector has stepped in and adopted a set of environmental, social, and governance (ESG) policies as a market-based solution to a public policy failure. ESG advocates hope that corporate executives would save our planet. Where Congress failed, ESG will succeed.

This Article argues that if ESG-driven climate stewardship ever achieves the scale necessary to have a real impact on global warming, it will hurt the poor. Legislative interventions to combat climate change are nearly …

Table Of Contents, Cardozo Law Review, Volume 47, Issue 5

Cardozo Law Review

No abstract provided.

J Mich Dent Assoc May 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The May 2026 (Volume 108, No. 5) issue of the Journal is published in print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The May 2026 issue of the MDA Journal introduces Dr. Melanie Mayberry as the new association president, highlighting her …

The Final Edit: Strategies For Legislative Success Of The Press Act And Strengthening The Protections Of Freedom Of The Press, Tess Theisen

Barry Law Review

No abstract provided.

Intellectual Property Is A Drag [Queen], Brianna Pruitt

Barry Law Review

No abstract provided.

Fixing Wages In The Name Of Training: Residency Programs And The Forgotten Antitrust Question, Yousef Ziyadi

Barry Law Review

No abstract provided.

Patient Privacy In The Digital Age: Reimagining Health Data Laws To Protect Patients’ Constitutional Rights, Adriana Almeida Mehtani

Barry Law Review

No abstract provided.

Void, Voidable, And The Limits Of Finality: Reconciling Equity And Public Policy In Illinois Child Support Orders, Julie M. Pirtle

Northern Illinois University Law Review

What happens when a 2012 agreed order, which dismisses a 2009 paternity finding, waives child support, and sets no parenting time, is challenged as void twelve years later and now Mother says Father has a $63,219.60 arrearage? My client, the Father and payor of support, was facing just that scenario. It is common knowledge that an out of court agreement to modify/terminate child support is not enforceable unless it is reduced to writing and approved by the courts. However, a party to a litigation should be allowed to rely on the orders the court enters. Father has every right to …

The Bankruptcy Code's Missing Link: How The Undefined "Executory Contract" Quandary Is Leaving Land Sales And Bankruptcy Courts In Limbo, Abby Ponder

Northern Illinois University Law Review

Arguably the most convoluted concept lurking within bankruptcy law is that of the "executory contract" which may be found within section 365 of the bankruptcy code. Since its inception in 1978, this section has been dubbed one of the most "psychedelic" areas of American jurisprudence. The phantasmagoric nature of this section largely derives from Congress declining to provide a definition within the Code for executory contracts. Already rife with confusion and contradiction, the missing definition of executory contract, which comes under section 365, represents a significant "missing link" of understanding for bankruptcy courts in ruling on land sale contracts. Bankruptcy …

The Establishment Clause And The Ten Commandments Post-Lemon, Richard Kato

Northern Illinois University Law Review

Louisiana recently passed a law requiring that a display of the Ten Commandments be placed in all public school classrooms in the state. The law is currently facing an Establishment Clause challenge in the Fifth Circuit. This Comment argues that Louisiana’s Ten Commandments law does not violate the original public meaning of the Establishment Clause. The history of the Establishment Clause suggests that noncoercive support of religion was widely accepted before and up through the time of the First Amendment’s enactment. Following Kennedy v. Bremerton School District’s abandonment of the Lemon v. Kurtzman test, the Ten Commandments law must …

The Judicial Subjectivity In The Fair Use Analysis Of Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith And Its Implications, Donna Khademi

Theses

The case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith demonstrates the subjective nature of the fair use doctrine. Scholars suggest that judges are often forced to interpret expressive works without specialized training in art, leading to inconsistent rulings. These discrepancies can lead to legal ambiguity and potentially weaken First Amendment protections. A deeper understanding of authorship, appropriation, and contemporary art highlights their crucial role in evaluating expressive works. By examining current legislation and judicial precedents, this paper shows the subjective and inconsistent nature of the present legal framework and offers a set of related proposals. It …

"Death Without A Funeral", Holly Prince

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Power And Peril Of The Aca’S Universality At Fifteen, Nicole Huberfeld

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 50, No. 1 2026

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Putting Labour Law To Work: Imperative Of Race Conscious Labour Law, Harshini Arumugam

Dalhousie Law Journal

History shows that race and labour are deeply connected in Canada. For the labour movement to advance racial equality, it must contend with this reality. Through a critical race analysis, this paper examines how race-evasive approaches in labour laws and practices have contributed to systemic racial inequality. It argues that race-conscious strategies are essential for addressing the specific experiences and needs of racialized workers. By leveraging existing legal tools and intentionally incorporating race-conscious approaches into areas such as collective bargaining, the collective agreement, and the duty of fair representation, labour law can be a powerful mechanism for achieving racial justice …

A Fourth-Order Dispute? What Fourth-Order Dispute? A Comment On The Fourth Circuit’S Modern Perfection, Llc V. Bank Of America, Christopher Andrew Nunn Ii

Arbitration Law Review (2009 - Present)

No abstract provided.

Taking The Lex Mercatoria To Space, Tatiana Sainati

Arbitration Law Review (2009 - Present)

No abstract provided.