Law Commons^™

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Faculty Scholarship

The current political moment, where immigrant identity is scapegoated and academic freedom is threatened, requires an affirmation of personal identity, a recognition of personal struggle, and a celebration of resilience. This Essay embraces the ideas that professional identity development is temporal and that the current conceptualization of professionalism requires embarking on a reflection journey that addresses the dissonance between personal conscience and professional duty.   Part I briefly revisits the work of Professor Margaret E. Montoya, one of the first Chicana law professors that describes the formation of her professional identity as a law student. It explores the status of Latinas …

The Lost Origins Of Antitrust, William Magnuson

Faculty Scholarship

Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …

Wealth-Based Disparities In Higher Education: Compounding Privilege, Multiplying Barriers, Rachel Moran, Jonathan D. Glater

Faculty Scholarship

This Special Issue is prompted by a confluence of developments in higher education: increasing access to postsecondary schooling overall and concurrent increasing socioeconomic inequality. After World War II, American colleges and universities began to “massify,” expanding their enrollments by opening their doors to people who previously would have found them closed. First, these institutions admitted veterans, then people of color and women (Altbach and Reisberg 2018, p. 63; Gumport et al. 1997, p. 2; Labaree 2017, pp. 106–7). The U.S. was not an outlier, and in the ensuing decades, nations around the globe saw unprecedented increases …

Feedback Loops: Half-Life Your Message, Patrick Barry

Articles

I sometimes get asked to design training workshops to help organizations ensure their employees receive the consistent, high-quality feedback needed to develop and improve. A pretty common request is for workshops that give people feedback on their communication styles and push them to become more concise and compelling writers and speakers. Nobody, for example, has ever asked me, “Is there any way you can teach our lawyers to write longer, more rambling emails?” Or “Can you show us how to drone on and on while giving a presentation or running a meeting?”

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Cardozo Law Review

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

Religious Higher Education Institutions In Ukraine: The Evolution Of The Problem And The Collision Of The "Secular–Religious" Dichotomy, Serhii Kostiuchkov, Vadym Slyusar, Lesya Chervona, Mykola Slyusar

Occasional Papers on Religion in Eastern Europe

The article is devoted to institutional, legislative, philosophical and communicative analysis of the activities of religious higher education institutions in modern Ukraine, taking into account political, social, legal, religious and communicative contexts. The authors examine the demand for religious education in modern Ukraine, which demonstrates high internal dynamics and promising prospects for the development of the domestic religious educational space. It is emphasised that the functioning of religious higher education institutions in Ukraine is regulated by the principle of constitutional separation of education from religion, while at the same time basic legal norms create specific conditions for the functioning of …

Against The Drafter: An Empirical And Theoretical Analysis Of The Doctrine Of Contra Proferentem, Farshad Ghodoosi, Tal Kastner

Fordham Law Review

Contra proferentem, the enduring maxim that directs courts to interpret an ambiguity in a contract against its drafter, appears simple on its face. Although it might be best known as a fundamental principle of insurance law, contra proferentem figures in courts’ interpretation of a range of contract types. As an interpretive rule of thumb that parties can easily override with a simple contract provision, the doctrine and its boilerplate antidote seem to offer a straightforward means to facilitate private ordering—a central goal of contract law.

However, neither courts’ application of the doctrine in case law nor contract drafters’ treatment …

Clark Memorandum: Spring 2026, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Going Forward with Religious Freedom and Nondiscrimination
• Saving Our Democracy
• Contention Is of the Devil; Confrontation Is of God
• Mystery, Faith, and Law

The History Of Multi-Member Commissions At The Founding, 1789-1840: New Evidence On Independent Agencies, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

The executive removal power figures prominently on the Supreme Court’s current agenda. That agenda is beset, however, by a historical misunderstanding, when it comes to multi-member bodies, which too often are assumed to be modern creatures. This paper provides crucial new historical evidence showing that the Founders, indeed a who’s who list of Founders, approved and even sat on commissions in the Republic’s early years. In some cases, the Founders called these early commissions “independent,” deferred to their judgments as “final,” and demanded that the members be “impartial.” Given the vast discretion given these commissions, these characteristics are best described …

The Pro Bono Industrial Complex, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Recent settlements between corporate law firms and the Trump Administration, consisting of donations totaling nearly $1billion in free representation, have brought law firm pro bono to the fore. Pro bono has been institutionalized in corporate law firms since the turn of the 21^st century. Pro bono evangelists and corporate law firms contend that pro bono increases access to justice and protects individual rights. Scholarship on pro bono has not challenged these claims, focusing instead on managerial and organizational incentives that could increase the number of hours corporate firms devote to pro bono. Given the prominence of corporate law firm …

From Doctrine To Practice: Shūrā-Centred Islamic Ethics For Sustainable Ecological Solutions, Fatima Dhanani, Cecilee Glaus Jones

Abdou Filali-Ansary Occasional Paper Series

This paper examines how Islamic ethics, when translated into lived practice, generate both moral frameworks and scalable solutions to pressing ecological challenges. Focusing on shūrā, tawḥīd, khilāfa, and taʿaddudiyya, and drawing on case studies of Stewardship Canada and the Aga Khan University’s Carbon Management Tool, the authors show how Islamic values move beyond doctrinal abstraction to guide institutional decision-making, programme design, and community engagement. More than treating ethics as fixed theological propositions, they frame them as negotiated, context-sensitive processes that align with ecological resilience, distributive justice, and economic viability.

Grounded in shūrā …

By Fair Means: The Inapplicability Of Bristol-Myers Squibb To Flsa Collective Action Lawsuits, Paige Maxa

Washington Law Review

The Fair Labor Standards Act (FLSA), passed by Congress in 1938, sets federal workplace standards and protects over 100 million workers in the United States. The FLSA also includes a collective action provision, which allows workers to privately sue their employers for FLSA violations in a unique way. A collective action lawsuit is a distinct form of aggregate litigation that allows an employee to sue their employer for FLSA violations on behalf of other similarly situated employees in one action. Similarly situated employees who wish to join a collective action must affirmatively opt in and consent to participate in the …

Still A Picture, Not A Life: Scrutinizing Media In Federal Court, Hope Forsyth

Washington Law Review

Before COVID-19, federal judges largely resisted cameras in their courtrooms; during it, they used webcams to hold court. The American legal system is designed for in-person interaction, yet cases during the pandemic were frequently adjudicated outside the courtroom’s shared physical space. Judges and policymakers must now harmonize pre-pandemic law and policy with pandemic-era experience. To do so, decisionmakers need an analytical framework to harmonize adjudication’s tangible foundation and media’s intangible effects. This Article provides it.

The Article first argues that pre-pandemic judicial intuition (as seen in three judicial philosophies) holds post-pandemic promise. The strictest philosophy requires physical presence for crucial …

Law Library Blog (March 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

2026 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Wellness Connection Newsletter March 2026, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Ghost Of Slavery: Osha’S De Facto Exclusion Of Incarcerated Workers, Jacqueline Glenn

The Business, Entrepreneurship & Tax Law Review

From chattel slavery to convict leasing to sharecropping to present-day prison work, exploitative labor has always had a place in the American economy. Incarcerated workers are compelled to perform long hours of dangerous work for mere pennies, often without adequate breaks and under the threat of solitary confinement, physical abuse, or other punitive measures if they refuse. Federal labor protections that shield free people from such conditions are largely unapplied to incarcerated workers, leaving them with little legal recourse. Tracing the development of involuntary labor through American history, this article contends that the Occupational Safety and Health Act of 1970 …

Selective Service And The Separation Of Powers, Jeremy K. Kessler

Faculty Scholarship

The legal history of the U.S. military draft is a case study in creative statutory interpretation. Throughout the twentieth century, this interpretive creativity tended both to expand draft registrants’ substantive and procedural rights, and to recalibrate the roles played by Congress, the courts, and various executive branch factions in the governance of tens of millions of young men. Today’s Military Selective Service Act (“MSSA”) reads much like the law that governed the land when the country last went to war with conscripts during the 1950s and 1960s. But between U.S. entry into the Korean War and its withdrawal from Vietnam, …

Beyond Precedent: Leveraging Non-Precedential Writings In Pursuit Of Social Justice Advocacy, Marissa C. Meredith

Marquette Benefits and Social Welfare Law Review

The role of law in society is complex and often intersects with evolving societal norms, politics, technology, etc. Despite this complexity, students, especially our current Gen-Z students, enroll in law school, hoping to enact positive change within their communities through the legal system. As noted by recent studies, law students' reasons for attending law school have shifted from a “desire to have a challenging and rewarding career” to a focus on “helping others or uplifting their communit[ies]” and addressing “social justice” issues. With this change in purpose, students' expectations about the education they will receive in law school have shifted, …

Our Eviction Court Clients Need This Treaty: The U.S. Must Finally Ratify The International Covenant On Economic, Social, And Cultural Rights, Fran Quigley

Marquette Benefits and Social Welfare Law Review

Anyone enduring poverty in the U.S. or working with persons enduring poverty–as we do in our law school eviction clinic–is aware that housing, healthcare, food, and sufficient income are essential to human survival and dignity. Yet those basic necessities are not rights guaranteed under U.S. law. Instead, discretionary, underfunded efforts to address economic needs have led to widespread U.S. poverty and a toxic one-step-forward/one-step-backward policy dance, characterized by safety net programs expanding only to be cut when political winds shift.

The U.S. should join nearly every other nation in the world by ratifying the International Covenant on Economic, Social, and …

Adoption And Parentage Inequality For Same-Sex Couples In Wisconsin In The Age Of Assistive Reproductive Technology, Isabella Barnard

Marquette Benefits and Social Welfare Law Review

In the age of assistive reproductive technology, same-sex couples have more avenues than ever before to become parents, but the law has failed to match pace. With the ever-growing number of same-sex couples conceiving children through artificial insemination, Wisconsin must take action to remedy the inequality of same-sex couples adopting their biological or intended children. As of the publication of this comment, it is recommended that same-sex couples follow the adoption process for their child, as a formal adoption constitutes a court order granting full parentage security because other more efficient options, such as a gender-neutral voluntary parentage acknowledgement, are …

The Urban Talented Tenth: Race, Higher Education, And The Law Of Opportunity, Walter A. Jean-Jacques

Marquette Benefits and Social Welfare Law Review

This Article reexamines W.E.B. Du Bois’s theory of the “Talented Tenth” through the lens of contemporary African American males in urban educational contexts. Drawing on historical origins, critical race theory, and modern jurisprudence surrounding higher education, it argues that law and policy have systematically overlooked those who form what this Article terms the “Urban Talented Tenth.” These students, often lacking traditional markers of privilege, navigate structural inequities while achieving academic excellence. By situating their experiences against the backdrop of landmark Supreme Court cases such as Brown v. Board of Education, Regents of the University of California v. Bakke, Grutter v. …

Front Matter

Hofstra Law Review

No abstract provided.

Conceptions Of Law, Ideology, And The Rule Of Law, Alani Golanski

Hofstra Law Review

This Article claims that law and the rule of law ought not be seen as coextensive concepts, for if a legal order’s deviations from rule of law ideals count equally as departures from criteria for being a legal system at all, then the rule of law loses motivation as a discrete concept. In turn, the Article emphasizes the need to galvanize critical assessments of the legal system rooted in rule of law moralities. Toward this end, the argument shifts the terrain on which we discuss law’s nature from concepts to conceptions, critiquing certain currently influential conceptions, with special emphasis on …

Every Road You Take: Where Federal Doctrine Stalls, State Law Can Pick Up In The Fight Over Persistent Surveillance, David A. Lord

Hofstra Law Review

In recent years, automated license plate reader (“ALPR”) systems have transformed criminal investigation by providing law enforcement with extensive information about suspects’ movements. Prosecutors have defended this practice as firmly grounded in the Supreme Court’s traditional Fourth Amendment jurisprudence. Privacy advocates have responded by arguing that certain Supreme Court cases dealing with new technology show an emerging interest in modifying those doctrines to enhance individual liberty. But to date, with a few isolated exceptions, both state and federal courts have declined to require law enforcement to obtain search warrants before using evidence from ALPRs. This Article explores ALPR evidence in …

Reconstructing The "Best Interests" Inquiry In Termination Of Parental Rights Cases: Setting The Threshold At "Affirmative Need", Vivek Sankaran, Timothy Pinto

Hofstra Law Review

No abstract provided.

Squeezing The System: How The Orange Book Is Ripe For Exploitation, Sarah Kopyto

Hofstra Law Review

No abstract provided.

Evolution Of Execution: The Introduction Of Nitrogen Hypoxia In Death Penalty Methodology, And The Need For Statutory Scientific Review, Madeline Ostrander

Hofstra Law Review

No abstract provided.

Shifting A "Gray Area Of Rape" To Black Letter Law: A Push Towards Uniformity In United States Stealthing Legislation, Allison Walkley

Hofstra Law Review

No abstract provided.