Law Commons^™

False Conflict: Colorblindness And Section 2 Of The Voting Rights Act, W. Kerrel Murray

Faculty Scholarship

If friends and foes of section 2 of the Voting Rights Act of 1965 agree on one thing, it is the irrepressible conflict between section 2’s attention to race and constitutional colorblindness.  They’re wrong.  Rightly understood, section 2’s design is remarkably compatible with colorblind constitutionalism’s letter and spirit.

To show how, this Article first returns to section 2’s origins and the preexisting approach its text codifies.  That approach had an underappreciated ethos:  When intentional discrimination’s effects sufficiently distort a political system, an electoral rule’s results might impugn its unconstitutionality, even if the rule had been adopted without discriminatory purpose.  Drawing …

Medical-Legal Partnership As Value-Based Primary Care: Interprofessional Teamwork For Health-Related Social Needs, Jin K. Park, Andrew F. Beck, Keegan D. Warren, William M. Sage

Faculty Scholarship

Today’s primary care physicians are being asked to address patients’ health-related social needs (HRSN) as part of their routine care practices. An aging population, with a growing complement of intersecting medical and social needs, increases this burden on primary care. Medical-legal partnerships (MLP) are interprofessional collaborations that combine clinical and legal expertise to address HRSN involving housing, public benefits, employment, and other domains remediable by civil legal assistance. A value-based approach to integrating MLP into the health system may help primary care practices more effectively address HRSN and, in turn, better balance revenue and expenses. At the practice and healthcare …

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Medicaid’S Broken Promise To Children, Jerron R. Wheeler

Washington and Lee Law Review

In the United States, poor children’s access to necessary healthcare is determined more by geography than medical need. This variation is not the result of thoughtful local tailoring but of excessive state autonomy and passive federal oversight. The result is a fragmented and unequal system that obscures accountability and fails the Nation’s most vulnerable children.

Building on scholarship showing how decentralized implementation of federal social programs can erode America’s social safety net, this Article examines how one of Congress’s most ambitious entitlements for children—Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit has been quietly undermined. In light of …

Table Of Contents

Washington and Lee Law Review

No abstract provided.

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

Washington and Lee Law Review

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 …

Long Covid, Silent Suffering, And Work, Joseph A. Seiner

Washington and Lee Law Review

Though most recover from COVID quickly, countless others remain chronically ill. Five years after the start of the pandemic, Long COVID continues to harm the economy, forcing thousands from employment at a time when businesses are struggling to find workers. With over thirty million individuals in the United States having contracted Long COVID, the illness cannot be dismissed as merely malingering or psychosomatic in nature.

With no diagnostic test for identifying Long COVID, skepticism about the illness persists. Many are scared to acknowledge their affliction with the disease and fear being stigmatized. Those who suffer silently struggle to perform their …

Against A Medical Exception To Equal Protection, Govind Persad

Washington and Lee Law Review

Government regulations of medicine sometimes treat patients differently based on their race or sex. Does heightened scrutiny apply to such regulations—as is usual when law treats someone differently based on a protected characteristic? Or is there a medical exception to equal protection?

Recently, in United States v. Skrmetti, the Supreme Court upheld a law that restricted access to medical treatments for transgender minors. Though its holding did not rely on medical exceptionalism, its discussion reinvigorated interest in a “medical exception” to equal protection: that medical decisions are exempt from the searching review applied when governmental decisions consider protected characteristics.

For …

Corporate Jurisdiction Competition In The United States: Delaware’S Dominance And The Rise Of Segmented State Competition, Leonardo Lupiano

Student Scholarship

Delaware has long dominated the American market for corporate charters, supported by its flexible corporate statute, specialized Court of Chancery, deep body of precedent, and strong network effects. Recent developments, however, suggest that Delaware’s dominance is facing more serious pressure than it has in decades. High-profile reincorporations, growing concern over Delaware litigation, and new statutory and judicial developments in other states have created a more active market for corporate law.

This Article examines that shift through five representative jurisdictions: Delaware, Nevada, Texas, Utah, and Wyoming. Delaware remains the baseline, but Nevada, Texas, Utah, and Wyoming now of er distinct models …

Morocco’S Liquid Gold: The Actual And Potential Role Of International Ip Law In The Protection Of The Traditional Knowledge Of Argan Oil, Christen Smith

Student Scholarship

This paper examines the actual and potential role of international intellectual property law in the protection of the traditional knowledge associated with argan oil, a product linked to the cultural heritage of the indigenous people in Morocco and increasingly commercialized globally. The paper starts with a background on the argan forest and the cultural significance of the argan tree. Then, the traditional production method used to extract argan oil is discussed. The paper also covers the rise of women’s cooperatives and how the argan oil industry has economically transformed in recent decades. The next section identifies problems in protecting traditional …

Sb 259: Combatting The Unscrupulous Practice Of Surveillance Pricing, Timothy Reeves

University of the Pacific Law Review

No abstract provided.

American Public Law Revolution, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

The Supreme Court has birthed a public law revolution. This revolution should not be known as a constitutional revolution because it is bigger than constitutional law—it covers statutory and administrative law as well. This revolution has been powered not by social movements, but by an interpretive philosophy known as originalism. Originalism has been deeply misunderstood by its critics. This Article examines three myths about originalism—that it is primarily about history, that it is a traditional theory of adjudication, and that it is democratic. Originalism is a semantic theory, not a theory of history, and it is a theory that privileges …

A Real Account Of Deep Fakes, Benjamin L.W Sobel

Michigan Law Review

Laws regulating pornographic deepfakes are written to prohibit “digital forgeries,” “false” images, or media “indistinguishable” from “authentic” recordings. Yet the typical anti-deepfake law covers materials that aren’t forgeries, aren’t false, and that reasonable observers can easily distinguish from authentic recordings. Though drafted as if they regulate statements of fact, anti-deepfake laws actually target certain outrageous depictions per se—and rightly so, because pornographic deepfakes cause harm irrespective of their truth or falsity. However, the inapposite language of facts results in statutes with crucial ambiguities. Moreover, because anti-deepfake laws ban outrageous depictions irrespective of the factual assertions they make, they differ fundamentally …

Judicial Underreach: Tiktok Inc. V. Garland'S Implications For National Security And Free Speech, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

The Domestic Mirror: Tiktok V. Garland, Data Privacy, And Meaningful Free Expression, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

Beyond The Shield: The Business Judgment Rule As A Tool For Esg Initiatives, Samuel Hawkinson

Colorado Law Student Scholars

No abstract provided.

Table Of Contents (V. 50, No. 3)

William & Mary Environmental Law and Policy Review

No abstract provided.

Remarks From Environmental Law And Policy Review'S Fiftieth Anniversary Celebration

William & Mary Environmental Law and Policy Review

Volume 50 is a milestone for the William & Mary Environmental Law and Policy Review. To that end, on March 20, 2026, the eve of our Symposium, ELPR staff members, alumni, and supporters gathered to celebrate ELPR’s 50th year of scholarship. Hayden Miller, Professor Jonathan Adler, and Jeffrey Regner delivered remarks at the event. Additionally, Professor Lynda Butler, ELPR’s Faculty Advisor from its conception through Volume 49, prepared remarks. This article contains excerpts from the remarks given.

Why Democratic Backsliding Is Legal: Judicial Legitimacy And Institutional Decay In The United States, Sherlyn Ochoa

Posters - 2026

“In the United States, democratic backsliding is not a violation of the law—it is increasingly a product of it.” Democratic change often occurs through judicial interpretation Courts shape rights, participation, and equality Focus: how judicial legitimacy allows major democratic shifts—both expansion and restriction of rights

The Psychology Behind Ai-Generated Phishing And Social Engineering Attacks, A’Shya Reynolds

School of Cybersecurity Master's Level Projects and Papers

Cybercrime has evolved significantly with the integration of artificial intelligence (AI), transforming traditional phishing and social engineering attacks into highly sophisticated and personalized threats. While early phishing attempts relied on generic messaging and low success rates, modern AI-driven attacks leverage advanced data analytics, natural language processing, and behavioral prediction to manipulate victims more effectively.

This research examines how cybercriminals utilize AI to enhance psychological manipulation techniques in phishing and social engineering attacks, increasing victim susceptibility. Drawing from interdisciplinary literature in cybersecurity and psychology, this study explores key psychological mechanisms, including cognitive biases, emotional triggers, and decision-making processes that influence victim …

Rhetorical Violence: The Rhetorics Of Women's Counter Political Violence, Kylie Rowland

Department of English: Dissertations, Theses, and Student Research

Protest is omnipresent, and yet not much is known about the efficacy and impacts of its different rhetorical strategies—particularly so for marginalized populations, whose available means of protest are already limited by both material realities and assumptions that govern who and what can make waves. This bind is further exacerbated by gendered and racialized civility politics that determine which bodies can be disruptive and which already are considered “violent.” To address this gap, I turn toward the under-researched rhetorical potentials of marginalized people’s—specifically women and queer folks’—use of symbolic protest “violence,” which works to strategically make evident the larger ongoing …

Who’S Really Paying For Pfas? A Responsible Alternative To Proscription, John Mark Wenger

University of the Pacific Law Review

No abstract provided.

Restricting Phones And Reaching Students: How Ab 235 Could Restore Adolescent Mental Health And Focus In The Classroom, Brynne Suder

University of the Pacific Law Review

No abstract provided.

Resolving Cross-Border Nft Disputes: Jurisdictional Approaches, Smart Contracts, And Proposed Solutions, Aparna Vaitla

Washington Journal of Law, Technology & Arts

The emergence of Non-Fungible Tokens (NFTs) has significantly impacted the enforcement of intellectual property (IP) rights, particularly in the digital environment. NFTs enable the creation, transfer, and monetization of unique digital assets such as artwork, music, and virtual goods, raising new legal challenges for IP protection. Among various IP concerns, copyright law is the most directly implicated in NFT-related disputes. While existing copyright frameworks remain broadly applicable, they require refined interpretation and targeted regulatory adaptation to address blockchain-specific issues such as pseudonymity, decentralized ownership, and cross-border enforcement. This Article focuses exclusively on copyright law, examining its applicability to NFT transactions …

The Enforcement Power As A Continuing Veto Power, M. Burke Craighead

University of Dayton Law Review

The president holds both a veto power and enforcement power by nature of his position. Traditionally, the veto power has been understood as temporally limited—the president gets one shot to use it with respect to a particular bill. On the flip side, the enforcement power is a continuing one—the president has ongoing discretion to enforce the law in the way he believes to be necessary. Far from being distinct powers, however, the enforcement power can be transformed into a “continuing veto power” wherein the president can use his enforcement discretion to nullify particular statutes or applications of statutes that he …

Presidentialism At The Highest Ebb: Executive Power In The Age Of Trump, Patrick J. Sobkowski

University of Dayton Law Review

No abstract provided.

From Chadha To Loper Bright: The Supreme Court, Separation Of Powers, And The Politics Of Formalism, Christopher Brough, J. Mitchell Pickerill

University of Dayton Law Review

In recent years, the United States Supreme Court has issued several decisions that limit judicial deference to administrative agencies. This has been accomplished by developing the “major questions doctrine” and overruling the long-standing Chevron doctrine in a series of 6-3 decisions in which the justices were divided along ideological lines. Commentary and scholarship on this trend have focused on what is being described as “new” formalism, but we argue that these cases should be viewed as more of an extension of the Court's formalism jurisprudence in legislative process separation of powers disputes from the 1980s and 1990s. However, the Court …

Constrained Calling: Limited Presidential Power Under The Insurrection Act, Jamie Kenyon

University of Dayton Law Review

No abstract provided.

Navigating Pre-Conception Agreements In Assisted Reproductive Technology: A Comparative Analysis Of Judicial Approaches And The Case For A Uniform Statutory Framework In Ohio, Sydney Meadows

University of Dayton Law Review

No abstract provided.

Fees, Fairness, And Fiduciary Duty: The Unintended Ethical Dilemma Surrounding Percentage-Based Compensation In Ohio Probate, Meredith Phillips

University of Dayton Law Review

No abstract provided.