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When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz

Articles

Protecting religious liberty can present difficult challenges when religious liberty conflicts with laws prohibiting discrimination. Balancing religious liberty and nondiscrimination requires courts to accurately apply the U.S. Supreme Court’s complex First Amendment jurisprudence, including cases that address compelled speech, expressive association, and church autonomy. Amidst all the complexity, protection for religious liberty can get lost in translation. One important venue where protection can get lost in translation is in religious liberty cases decided by state supreme courts. The decisions of state supreme courts are especially significant because they provide the authoritative construction for state statutes and the state constitution. In …

Subsidiarity Municipalism In Action: On Vincent V. Adams, Gregory E. Louis

University of Michigan Journal of Law Reform Caveat

Building on the author’s recent article Protecting Commoners’ Goods: Pluralist Coexistence Through the Common Good Constitution’s Subsidiarity Municipalism (PCG), this Essay deconstructs the recent New York appellate opinion in Vincent v. Adams. That case reverses a trial court opinion that PCG criticizes as an example of how current law misunderstands the proper relationship between local government and federal and state authorities. This Essay uses the appellate court decision in Vincent v. Adams to reinforce PCG’s thesis of subsidiarity municipalism, to offer another illustration of subsidiarity municipalism’s progressive potential, and to suggest how subsidiarity municipalism can inform the relationship between …

Vacancies Filled By Voters’ Voices: A Call For Open Special Elections With Ranked Choice Voting In New York, Fordham Law School Rule Of Law Clinic, Dani D'Annunzio, Dawn Edelman, David Zwick

Rule of Law Clinic

New York’s special election system for filling vacancies in the U.S. House of Representatives and the State Legislature excludes voters from the candidate selection process. Instead of voters selecting nominees, political party leaders designate their parties’ respective candidates. In this report, the Fordham Law School Rule of Law Clinic recommends reforming this system by implementing open special elections using ranked choice voting. All candidates who meet petition signature requirements, regardless of party affiliation, would compete in a single election. This reform would improve participation, representation, and accountability without sacrificing efficiency.

A ‘Digital Dominion’: Launching The Commonwealth Model Law On Digital Trade, Craig Atkinson

Centre for Digital Law

A legislative text published for the benefit of its 56 member countries, the Commonwealth of Nations officially adopted the Model Law on Digital Trade (MLDT) in September 2025. The Commonwealth MLDT addresses a persistent barrier to digital trade (i.e., all trade that is digitally ordered and/or digitally delivered): the laws of many jurisdictions do not sufficiently recognise the legal requirements of electronic commerce (e-commerce) and continue to emphasise paper-bases for commercial communications and transactions in domestic and cross-border contexts.

Criminal Caselaw Notebook 2026, Hon. Ronald Kessler

Washington State Books

This publication from King County Superior Court judge Ronald Kessler is updated semi-annually and is distributed free of charge. It includes citations to Washington state case law on a variety of criminal law topics.

Deepfake Liability, Ayelet Gordon-Tapiero, Yotam Kaplan, Gideon Parchomovsky

North Carolina Law Review

No abstract provided.

International Arbitration & Artificial Intelligence: Opportunities,Challenges,And Evolving Regulations, Martínez Quintanilla, Javier Antonio

Santa Clara Journal of International Law

This paper provides a comprehensive analysis of the regulatory framework; the opportunities and the challenges associated with the use of artificial intelligence in international arbitration. First, it addresses relevant regulatory instruments such as the Guideline on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (CIARB); the Guidelines on the Use of Artificial Intelligence in Arbitration of the Silicon Valley Arbitration and Mediation Center (SVAMC); the Principles Supporting the Use of AI in Alternative Dispute Resolution of the International Centre for Dispute Resolution(ICDR); the European Union Artificial Intelligence Act; and the New Task Force on AI in …

The Illusion Of Justice: How Criminalizing Status Undermines The Rule Of Law, Luz M. Payán

Immigration Law Blog

In May of 2025, United States Senator Cornyn introduced the Justice for American Victims of Illegal Aliens Act. The Act creates an additional aggravating factor in determining whether to impose the death sentence. The aggravating factor would only be applicable when a noncitizen is found guilty of killing a United States citizen. This Article first argues that this Act would create grave constitutional concerns and severely undermine the rule of law. Next, this Article urges that, in order to truly promote public safety, our government should focus on policies meant to empower communities.

The Illusion Of Justice: How Criminalizing Status Undermines The Rule Of Law, Luz M. Payán

Immigration Law Blog

In May of 2025, United States Senator Cornyn introduced the Justice for American Victims of Illegal Aliens Act. The Act creates an additional aggravating factor in determining whether to impose the death sentence. The aggravating factor would only be applicable when a noncitizen is found guilty of killing a United States citizen. This Article first argues that this Act would create grave constitutional concerns and severely undermine the rule of law. Next, this Article urges that, in order to truly promote public safety, our government should focus on policies meant to empower communities.

The Untold Story Of 150 Years Of Women In State Judiciaries, Elizabeth D. Katz

UF Law Faculty Publications

A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.

Developing Legal Protections For Family Integrity, Elizabeth D. Katz

UF Law Faculty Publications

A commentary on Laura Savarese's article, The Origins of Family Rights and Regulations: A Dual Legal History, 78 Stan. L. Rev. 63 (2026).

Trade, Tariffs, Sanctions, And Security: A Framework For Judicial Review, Cory Alexander Evans

UF Law Faculty Publications

National security and international trade, and their intersections, have become critical focuses for recent administrative action. It was once rare to invoke national security as a justification for tariffs and restriction on foreign investment, but it has now become increasingly common. Courts reviewing these measures have largely defaulted to deferential approaches developed in an earlier era—one in which such actions were infrequent and rarely litigated. But in an era where assertions of national security are more common, this dogmatic jurisprudential approach lacks coherence. A new framework is needed to better guide judicial review.

This Article proposes that new framework. It …

Anatomy Of A Shakedown: The Carried Interest Case, Charlene Luke

UF Law Faculty Publications

A review of Edward J. McCaffery & Darryll K. Jones, The Curiouser and Curiouser Case of Carried Interests, 66 Ariz. L. Rev. 357 (2024).

The Free Exercise Of Religion As A Privilege, Kyron Huigens

Georgia State University Law Review

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to a general exemption from secular law for the faithful by ceding the question of what counts as an exercise of religion to the faithful themselves. This Article proposes reading the free exercise of religion as a privilege in response to these changes. This privilege stands against secular law in the …

Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles

Journal of Dispute Resolution

“Long story short, it was a bad time.” The lyrics from Taylor Swift’s 2020 song Long Story Short resonated strongly with her fans in 2022 when they attempted to purchase tickets to her record breaking Eras Tour. The self-proclaimed “Swifties” waited for weeks to purchase presale through the tour’s official ticketing partner, Ticketmaster. Ticketmaster, an American ticketing giant owned by Live Nation, handles over seventy percent of all ticket transactions in the country. November 15 arrived and the Swiftie army entered the virtual queue with hopes of securing tickets to see their hero. Ticketmaster, however, did not prepare for the …

Masthead

UC Law Journal

No abstract provided.

A Procedural Giant, Scott Dodson

UC Law Journal

No abstract provided.

That's Rick, Edward H. Cooper

UC Law Journal

No abstract provided.

Celebrating The Neutral And Gradual: An Ode To Professor Richard Marcus, Lee H. Rosenthal

UC Law Journal

No abstract provided.

A Reporter For All Seasons, Robert M. Dow Jr.

UC Law Journal

No abstract provided.

Beyond Exceptionalism: The Illusory Ideal Of Access To Justice, Alan Uzelac

UC Law Journal

No abstract provided.

Discovering Rick Marcus, Diego Zambrano

UC Law Journal

No abstract provided.

Civil Litigation In The Nineteenth Century Landraad Of The Former Dutch East-Indies (Indonesia): Simplification Aimed At Access To Justice?, Cornelis H. Van Rhee

UC Law Journal

No abstract provided.

Recent And Forthcoming

UC Law Journal

No abstract provided.

Winnowing The Wheat From The Chaff: The Continuing Controversy Over Article Iii Standing And The Certification Of Rule 23(B)(3) Damages Classes Containing "Uninjured" Members, William G. Beatty

William & Mary Business Law Review

The controversy surrounding the inclusion of uninjured class members in Rule 23(b)(3) damages classes has deeply divided the federal circuit courts of appeals and continues to do so. This Article explores the constitutional roots of the issue, beginning with the foundational element of Article III standing, and discusses the question of how many uninjured members, if any, Rule 23 permits in a class seeking certification before problems with commonality and predominance arise.

The Article discusses the details of the Laboratory Corp. of America v. Davis case (LabCorp), which, in the spring of 2025, presented the Supreme Court with …

Michigan's Humble "Rules Of The Road" And How They Drive The Law, Virginia C. Thomas

Law Faculty Research Publications

The author traces the Michigan Secretary of State's publication, What Every Driver Must Know, from its first edition in 1937 to show how it has guided Michiganders' understanding of the state's motor vehicle laws.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Regulating Foreign Political Advocacy, John J. Martin

North Carolina Law Review

No abstract provided.

The 107 Longest Supreme Court Cases, Benjamin H. Barton

North Carolina Law Review

No abstract provided.

Proactive Or Reactive? Defining Landlord Duties In Terry V. Public Service Company Of North Carolina, Ben Stroud

North Carolina Law Review

No abstract provided.