Law Commons^™

With Great Power Comes Great Vulnerability: The Impact Student-Athlete Employment Status Has On College Head Coaches' Nlra Coverage, Matt R. Gearheart

Marquette Sports Law Review

No abstract provided.

Could Nbcuniversal's Peacock Streaming Of Nfl Games Be Heading Towards Antitrust Violations Like Those Facing Live Nation And Ticketmaster?, Pamela B. Urlacher

Marquette Sports Law Review

No abstract provided.

Survey, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Index, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Ai-Powered Lawyering: Ai Reasoning Models, Retrieval Augmented Generation, And The Future Of Legal Practice, Daniel Benjamin Schwarcz, Sam Manning, J.J. Prescott, Patrick Barry, David R. Cleveland, Beverly Rich

Articles

Generative AI is set to transform the legal profession, though its most promising uses and ultimate effects are still unclear. While AI models like GPT-4 improve efficiency, they can also “hallucinate” and may undermine legal judgment, particularly in complex tasks typically handled by skilled lawyers. This article examines two emerging AI innovations that may mitigate these concerns: Retrieval Augmented Generation (RAG), which grounds AI-powered analysis in legal sources, and AI reasoning models, which structure complex reasoning before generating output. We conduct the first randomized controlled trial assessing these technologies, assigning upper-level law students to complete legal tasks using a RAG-powered …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jens Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Articles

In the past few years, large language models (LLMs) have achieved significant technical advances, enabling legal-advocacy organizations to adopt them as complements to—or substitutes for—lawyers and other human experts. The role of LLMs in legal education, however, is underexplored. While several studies have examined LLMs’ performance in taking law school exams, finding mixed results, there have been no published studies systematically analyzing LLMs’ competence at one of law professors’ chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically contained in …

How To Manage The Wolf In The Fold, Susan Bisom-Rapp, Urwana Coiquaud

Faculty Scholarship

Recent scholarly work on regulatory capture in the platform economy accounts for the political role and power wielded by app-based firms aiming to reform the existing legal environment to favor their low-cost labor business models. This article adds to scholarly perspectives on the platform economy by shifting the focus to government actors, the role of narrative in communicating with the public, and institutional constraints which may hamper the government’s ability to provide a cogent rationale for opposing or implementing legal change. The article’s central contribution is underscoring the role the government plays in facilitating or preventing regulatory capture. To that …

Discursive Footnotes, Daniel Yeager

Faculty Scholarship

This essay offers a comprehensive account of the past forty years of scholarship on footnotes within law. Not just any old footnotes, but footnotes that are discursive in form, that is, those with an expressive rather than bibliographic function. After contrasting the function of discursive footnotes in judicial opinions with those in academic legal literature, this essay identifies and decodes a comparatively hidden avant garde footnotes literature. Borrowing from techniques of literary criticism, that literature, properly understood, provides a foundation for our making more subtle judgments about both the relation of primary to secondary texts and the allocation of responsibilities …

Expanding The Good Samaritan Program: Cleaning Up The Colorado River, One Mine At A Time, Jordan Carlson

Wyoming Law Review

The headwaters of the Colorado River Basin supply nearly 90% of the river’s flow and are among the most hydrologically sensitive areas in the U.S. During the nineteenth and early twentieth centuries, westward expansion and the allure of gold and other valuable minerals drove thousands of miners into the basin. When the mining boom ended, the mines were left behind. Today, thousands of abandoned hardrock mine sites continue to leach acidity and heavy metals into streams, leaving a lasting impact on water quality. For decades, strict environmental liability laws made cleanup nearly impossible, creating a chilling effect that discouraged even …

Full Issue, Wyoming Law Review Editorial Board

Wyoming Law Review

No abstract provided.

Better Than Clarity: The Case For A Function-Based Crypto Regulatory Framework, Mercedes Reed

Wyoming Law Review

In an attempt to provide regulatory authority within the digital asset market, the U.S. House of Representatives passed the CLARITY Act. Under the Act, a blockchain first falls under the jurisdiction of the Securities and Exchange Commission and then transitions to the jurisdiction of the Commodity Futures Trading Commission as the blockchain “matures.” While the Act attempts to bring clarity to regulation within the digital asset industry, it falls short. Because of the Act’s transitional form, gaps are left for issuers to distort definitions and manipulate timelines to secure the oversight they want.

This Article discusses the Act’s shortcomings and …

Coming Out, Eliot T. Tracz

Minnesota Journal of Law & Inequality

No abstract provided.

High Expectations? Minnesota’S Cannabis Social Equity Statute Falters, Claire Cavanagh

Minnesota Journal of Law & Inequality

No abstract provided.

Immigrants Vs. Artificial Intelligence: The Human Cost Of Ai In Asylum Decisions, Jems Guirguis

Minnesota Journal of Law & Inequality

No abstract provided.

Fading Prestige: A Comparative Analysis Of Trademark Dilution's Impact On Luxury Fashion Brands In The United States And European Union, Pravalika Surakanti

IP Theory

The paper focuses on the concept of trademark dilution in relation to luxury fashion brands in international markets. Focusing on the United States and the European Union, it will look at the different approaches these regions take and how certain holdups in dilution law affect fashion companies’ global brand protection strategies. The paper looks at the application of the Federal Trademark Dilution Act, the EU Trademark Directive, and other essential laws to their respective jurisdictions’ cases to determine the trends of trademark dilution claims. It is found that both regions provide luxury fashion houses with substantial protection; however, the European …

Tribal Sovereignty, Sales Tax, And States Interference: Why Tax Compacts May Be The Best Way Forward, Emiliana Almanza Lopez

Minnesota Journal of Law & Inequality

No abstract provided.

Refunding The Community: What Defunding Mpd Means And Why It Is Urgent And Realistic, Jli Vol. 39 Editorial Board

Minnesota Journal of Law & Inequality

No abstract provided.

Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil, George K. Foster

Indiana Law Journal

The tortious act exception to sovereign immunity offers a vital path for tort victims to seek redress against foreign states for harms committed on U.S. soil. Yet some courts have narrowed the exception in troubling ways when rejecting claims alleging clergy abuse cover-ups, cyberattacks, and other serious misconduct. Some have held that the exception applies only to torts committed by state officials and employees, excluding private actors even when acting under state direction. Others have deemed conduct “discretionary”—and therefore immune—even when it patently violated U.S. law or contractual obligations. This Article challenges both readings. Drawing on legislative history, common law, …

The Law’S Failure To Protect Our Drinking Water From Pfas, Emily Levine

Indiana Law Journal

How did per- and polyfluoroalkyl substances (PFAS), the forever chemicals known to harm human health and appear in most Americans’ blood, spread so widely in drinking water? Why didn’t someone with the power and knowledge to stop this crisis step in sooner? Simply imposing limits on PFAS levels in public water systems is the bare minimum to protect American drinking water—a necessary step but only the starting point of a long path toward creating a regulatory framework that can withstand the whims of changing presidential administrations and political influences.

     It is too easy for the EPA Administrator, either out of …

Shifting Structural Power: The Tech Energy Transition, Amy L. Stein

Indiana Law Journal

For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …

Interrogating The Facts Of The Case, Anna Roberts

Indiana Law Journal

Buried within many criminal judicial opinions is the origin of their “facts”—the interrogation room. Criminal law pedagogy should expose this origin. If we treat the alleged product of interrogation as “what happened,” as criminal cases (and professors) sometimes do, we obscure the ways in which interrogators are trained to incriminate and to co-create confessions. We also risk obscuring subsequent layers of reporting by police, prosecutors, or judges.

Recent scholarly literature urges criminal law professors to teach differently, warning that we distort, sanitize, and bolster the carceral state when we erase governmental agents and bypass procedure. Treating the “facts of the …

Misinformation And The Jury, Gustavo Ribeiro

Indiana Law Journal

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

The Fiction Of Separation: Racial Gerrymandering Disguised As Partisan Redistricting, Crystal Barnes-Bullock

University of the District of Columbia Law Review

While constitutional doctrine formally distinguishes between racial and partisan gerrymandering, this distinction has become increasingly untenable in the modern electoral landscape. In many jurisdictions, particularly in the South, race and political affiliation are deeply intertwined. As a result, what courts treat as “partisan” redistricting often operates as de facto racial gerrymandering, shielding racially discriminatory practices from judicial review. The legal separation of race and party not only reflects a formalist fiction but also undermines the protections the Equal Protection Clause and the Voting Rights Act were designed to provide. The current legal framework that distinguishes racial gerrymandering from partisan gerrymandering …

Rooted In Family Unity: Advocating For U.S. Citizen Children As Qualifying Relatives, Kevin J. Henriquez

University of the District of Columbia Law Review

This paper advocates for expanding the scope of unlawful presence waivers under § 212(a)(9)(B)(v) of the Immigration and Nationality Act (“INA”) to include U.S. citizen offspring as “qualifying relatives.” Under current law, the waiver only recognizes hardship to U.S. citizens or lawful permanent resident spouses or parents, excluding offsprings entirely despite their central role in family life. This exclusion undermines decades of immigration policy prioritizing family unity and creates devastating consequences for mixed-status families, particularly where U.S. citizens, minors, or adults depend on undocumented parents for financial, emotional, or medical support. This paper traces the statutory and legislative history of …

Silos, Gaps, And Bridges: A Call To Action For Law Schools To Facilitate Collaboration Across The Curriculum At The Dawn Of The Nextgen Bar, Elizabeth Usman, Andrea Gemignani

University of the District of Columbia Law Review

Now is a time for action. With the advent of the NextGen bar exam and the recent changes to the ABA accreditation standards for law schools, which both focus on valuing practical legal skills, law schools have a unique opportunity. By coordinating practical and doctrinal content across the curriculum, law schools can ensure that all graduates are proficient in fundamental lawyering skills and prepared for both the bar exam and practice success. ...

Part I of this article examines the foundations of American legal education from apprenticeships to the emergence of the case study method. It then explores the calls …

Rights Without Remedies: How Trump V. Casa Undermines Universal Injunctions And Uniform Constitutional Enforcement, Savannah Cobbs

University of the District of Columbia Law Review

Trump v. CASA, Inc. significantly reduced the remedial authority of the federal judiciary by rejecting the power of federal district courts to issue universal injunctions, a tool long used to halt widespread constitutional violations. Framed as a procedural decision about equitable remedies, the ruling severely narrows the scope of relief available in challenges to executive action. This Comment examines how the Court’s decision limits lower courts’ capacity to provide meaningful remedies and reshapes the balance of power among the branches of government. The analysis argues that the majority misapplies case law like Grupo Mexicano by imposing an unduly rigid historical …

Criminalizing The Platform: Fosta-Sesta, Internet Governance, And The Erosion Of Online Speech, Fenny Gandhi

University of the District of Columbia Law Review

For decades, sex work operated in the shadows—negotiated in alleyways, mediated by third parties, and shaped by constant risk. Today, much of it happens online, where a screen can mean the difference between autonomy and danger. But, when the law pushes an industry underground, it does not eliminate it; rather, it reshapes how it operates, often in ways that increase vulnerability and reduce accountability. Sex work is the exchange of specific sexual services for money. The experiences of people who engage in sex work are diverse and influenced by social structures and economic realities. The internet provides consensual sex workers …

University Of South Carolina Joseph F. Rice School Of Law Commencement Program, May 9, 2026, University Of South Carolina Joseph F. Rice School Of Law

Commencement and Hooding Programs

No abstract provided.

University Of South Carolina Joseph F. Rice School Of Law 2026 Student Recognition And Awards Ceremony Program, May 8, 2026, University Of South Carolina Joseph F. Rice School Of Law

Commencement and Hooding Programs

No abstract provided.

Beyond Hipaa: The Ftc’S Expanding Role In Digital Health Privacy Enforcement, Sandhya Srinivasa

SMU Science and Technology Law Review

Consumer digital health platforms have become an increasingly prominent feature of modern health care, collecting and storing sensitive health information directly from users. Yet most of these applications operate outside the scope of the Health Insurance Portability and Accountability Act (HIPAA), creating a significant regulatory gap in the protection of personal health data. This case note examines how the Federal Trade Commission (FTC) has stepped into that gap by leveraging Section 5 of the FTC Act and the Health Breach Notification Rule (HBNR) to police privacy and data security practices among non-HIPAA-covered digital health platforms. Focusing on three landmark enforcement …