Law Commons^™

The Path To Abundance: The Legal, Policy, And Political Challenges Of An Abundance Agenda, Eric Biber

William & Mary Environmental Law and Policy Review

A range of public intellectuals and academics have argued that America is increasingly unable to advance major projects, such as housing, renewable energy, and innovation, because of legal obstacles such as judicial review and regulatory requirements. In response, the abundance movement has called for legal reforms to speed up project development. The abundance movement has identified real problems that require solutions. Unfortunately, the movement also faces political and legal challenges as well. Reform will require difficult tradeoffs, which will be politically difficult. Abundance reforms will likely not be politically popular, and will be particularly hard to implement in a polarized …

From Property To Personhood: Reimagining Nature's Place In The Legal Order, Lan Cao

William & Mary Environmental Law and Policy Review

This Article explores the emerging rights of nature movement as a radical departure from traditional environmental approaches, grounded in a “new consciousness” that challenges the anthropocentric world-view. The Article sets the stage for a defense of the rights of nature by providing a comprehensive critique of the current model of economic development, primarily focused on GDP, which has proven detrimental to environmental health by neglecting broader values; the Article also highlights alternative measures adopted by entities like the UN and EU that incorporate factors like happiness. Rights of nature builds upon that foundation for a broader understanding of development and …

A Green Supply Chain Or A Greenwashed Ad Campaign? Supply Chains, Environmental Marketing, And The Energy Transition, Meredith A. Wegener

William & Mary Environmental Law and Policy Review

Building upon prior research and scholarship, this Article is a study into supply chain environmental marketing, the Federal Trade Commission, and the evaluation of potential changes to the Green Guides under the umbrella of the global energy transition. While prior legal scholarship has addressed details of environmental marketing such as fashion, recycling, or agricultural practices, this Article brings this work forward and addresses the collective challenge the global supply chain creates for all environmental claims across industries in truthful environmental marketing.

What is truth-in-advertising in environmental marketing, given the global path of consumer products? In Part I of this Article, …

The Lost Mines Of Appalachia: How Revitalizing Abandoned Coal Mines Can Revitalize A Region, Jonathan Gharib

William & Mary Environmental Law and Policy Review

Since the decline of coal, which began in the late 1980s, Appalachia has been left with thousands of abandoned coal mines that act as a stand-in for the state of the region as a whole. This stands in not only for the economic decline of the region, but also as a stand-in for the people of the region who also perceive themselves to have been abandoned. The future status, both legal and economic, of these abandoned mines that once helped to fuel Appalachia’s growth is unclear. Despite the muddied history of both Appalachia and these mines, with the proper legal …

Environmental Insurance And Esg: A Mismatch Or An Unlikely Pair?, Mycah Kindle

William & Mary Environmental Law and Policy Review

Environmental insurance is something that is becoming increasingly important in the corporate sphere. Similarly, there has been an uproar in the Environmental, Social, and Governance (ESG) movement. ESG ratings are becoming the norm in corporate America as a way to quickly assess a corporation through using a variety of factors. This Note will argue that a company’s ESG rating should be a main consideration when insurers are underwriting their environmental insurance policies. This Note will argue that by linking a company’s ESG ratings with their environmental insurance, it may lead to more sustainable practices and accountability from corporate America.

Part …

Nova Law Review Full Issue Volume 50, Issue 3

Nova Law Review

No abstract provided.

Are You Your Expert's Keeper? Assessing The Impact Of Generative Ai And Expert Testimony, Hon. John G. Browning

Nova Law Review

No abstract provided.

The Ai Trap: How Over-Reliance On Generative Ai Undermines Professional Development For Law Students And Young Attorneys, Jane E. Cross

Nova Law Review

No abstract provided.

Ensuring Ai Adequacy For Class Members, Alissa Del Riego

Nova Law Review

No abstract provided.

The Empirical Double Standard: Opinion Surveys Across The Civil–Criminal Divide, Kay L. Levine, Bernard Chao

Faculty Articles

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community’s voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence within both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenity, death penalty, and search cases.

Our research uncovers a significant asymmetry: Courts readily admit survey evidence in civil proceedings but systematically exclude it in criminal cases. This asymmetry does not appear to stem from structural differences between civil and criminal litigation …

It's In The Name—Examining The Obligations Sureties Should Possess Under Performance Bonds In The Construction Industry, Dylan C. Shaffer Esq.

Nova Law Review

No abstract provided.

Mandating Professionalism In Florida: Continued Attempts To Sanction Lawyers Into Being Nice, Debra Moss Vollweiler

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 50, Issue 2

Nova Law Review

No abstract provided.

Where Does The Border Begin And The Fourth Amendment End? Warrantless Forensic Searches Of Outbound Travelers' Electronic Devices, Robert C. Buschel Esq., Bradford M. Cohen Esq.

Nova Law Review

No abstract provided.

Access Denied: Closing The Construction And Renovation Loopholes In Disability Design, Lidia Menbaeva

Nova Law Review

No abstract provided.

Human Or Machine? Evaluating Authorship In The Age Of Generative Ai, Risauris Sanz-Garcia

Nova Law Review

No abstract provided.

Built To Collide? Antitrust Risks And Gender Equity Tensions In The House V. Ncaa Settlement, Alex Strickland

Nova Law Review

No abstract provided.

Procedimientos De Selección De Fuentes En Las Adquisiciones Federales De Estados Unidos: Una Introducción A Las Compensaciones De Mejor Valor En El Procedimiento De Negociación Competitiva, Daniel E. Schoeni

Books and Book Chapters by University of Dayton Faculty

Este libro es producto del III Congreso Internacional de Contratación Estatal, celebrado en Barranquilla en marzo de 2025, y tiene como propósito analizar uno de los aspectos centrales -y a la vez menos sistematizados e integrados- del derecho de la contratación estatal: las actuaciones y los procedimientos que estructuran el ciclo completo del contrato estatal. El texto tiene una premisa clara: la contratación estatal es una institución compleja, dinámica y funcional, cuya comprensión exige atender y entender una multiplicidad de actuaciones y procedimientos que la atraviesan, desde la celebración y el perfeccionamiento del contrato, la ejecución de obras en ausencia …

Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen

Georgetown Law Faculty Publications and Other Works

The ability of Jesuit educational institutions to pursue a central part of their mission – that of fostering diverse, equitable and inclusive educational environments – is under attack. This essay outlines several dimensions of their religiously-grounded mission and the reasons to strongly protect from government interference the rights of Jesuit universities to implement programs and practices that align with DEI values. First, for Jesuit universities, these programs and practices are rooted in a much deeper culture of the more than 2,000-year old Catholic intellectual tradition and the now 500-year old tradition of Jesuit spirituality. Second, drawing on the classic work …

Accountability For Lawyers And Lawyer-Bashers: Reflections On Wendel's Canceling Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This article is part of a symposium on W. Bradley Wendel’s Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. I agree with Wendel’s two fundamental claims: first, and contrary to the reigning conception, lawyers can be held accountable for choosing to represent a particular client (assuming they have a choice), and therefore that they cannot use their professional role as a “magic shield or force field” (Wendel’s term) to deflect all criticism. Second, however, there is also an ethics of blaming, and critics who blame lawyers irresponsibly can themselves be blamed. One of Wendel’s examples is lawyers who …

Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This chapter critically examines the intersection of mandatory continuing legal education (MCLE) and pro bono service in the United States, focusing on the growing practice of awarding MCLE credits for pro bono work. It argues that MCLE, widely justified as promoting lawyer competence, rests on a striking lack of empirical support and is structured in ways that undermine effective professional learning. A pro bono option for earning MCLE credit, introduced as an incentive to expand access to justice, has similarly failed to demonstrate measurable impacts on pro bono participation. Nonetheless, the pro bono option holds untapped potential because, if properly …

International Law Duties Not To Recognize, Not To Assist, And To Cooperate Against Peremptory Norms (Jus Cogens) Violations,, Diane A. Desierto

Journal Articles

Peremptory norms (jus cogens) are the highest norms of international law. When these norms are violated, all States and international organizations have, at a minimum, three international legal duties to discharge while the violation is occurring: (1) the duty of non-recognition, where no State or international organization should recognize the situation caused by the violation; (2) the duty of non-assistance, where no State or international organization should render any aid or assistance to maintain this situation caused by the violation; and (3) the duty of cooperation, where all States and international organizations should cooperate to bring the violation to an …

Women Speaking Law, Christine Venter

Journal Articles

From the Article

This Article will proceed in five parts.

Part I will briefly detail women's struggles to gain full access to legal positions generally throughout history.

Part II will emphasize women's lack of representation as oral advocates before the Supreme Court, while suggesting that the disproportionate selection of men as apex court clerks may be in part responsible.

Part III will cover the importance of oral argument and illustrate how women are effectively impeded from participating in a forum where decisions are being made.

Part IV will detail how both women advocates and women Justices are continually interrupted by …

Broken Lands And Trusts: The Omnipresence Of The Natives’ Land Act Of 1913 And The Persistence Of Its Inequity, Emily Venkatesan

Emory International Law Review

The hallmark of all colonial and ex-colonial states is the preservation of racial hierarchy where a minority of white colonizers reserve complete control over the political, social, and economic landscape of a colonized nation. One of the most powerful exercises of this colonial oversight is the use of western property law to strip native landowners of their property interests and redistribute that land to white colonizer for economic and social power. Access and ownership of land is crucial for maintaining the colonial state. Land provides social and economic leverage in the hands of the indigenous nation, but strengthens the colonial …

Gamification: The Viability Of Using Genai To Create Games To Teach Legal Concepts, Nicole Belbin

Faculty Scholarship

This Essay examines whether generative artificial intelligence (GenAI) can lower the technical, time, and cost barriers that have limited the use of game-based learning (GBL) in legal education. It first considers the science of learning, focusing on spaced practice, retrieval practice, and concrete examples, and explains how GBL can incorporate these strategies. It then evaluates four general-purpose GenAI tools—Perplexity, Gemini, ChatGPT, and Claude—by testing their ability to state legal rules accurately and create games that teach personal jurisdiction.

The results demonstrate both GenAI’s promise and its limitations. Although all four tools incorporated core concepts of general jurisdiction, each omitted at …

Cold Comfort: Japan’S “Comfort Women” Litigation Under Transnational Law, Timothy Webster

Faculty Scholarship

Transnational human rights litigation has emerged as a powerful tool to remediate state and corporate abuses. Courts, however, rarely evince the same enthusiasm for these lawsuits as practitioners, scholars, and activists. For the past thirty-five years, “comfort women,” or survivors of wartime sexual exploitation, have used transnational litigation to seek redress from the Japanese government. Yet they have lost nearly all their cases. This Article uses ten “comfort women” lawsuits from Japan to test the limits of transnational human rights litigation. While judges rarely found for the comfort women, their verdicts nonetheless advanced the redress issue by showing the illegality …

Peeking Inside The Black Box: Discovery In Fair Housing Act Cases Arising From Ai Decision Making, Jessica Mahon Scoles

Faculty Scholarship

In today’s real estate market, more housing decisions are being automated. If artificial intelligence renders a biased decision, will the person impacted have any legal recourse? Commentators have expressed concern that the proprietary nature of AI will allow defendants in discrimination lawsuits to avoid discovery, effectively shielding their decision making from judicial scrutiny. This article examines whether AI and algorithm-related information is the discovery black box that some fear it to be.

Addressing the issue in the context of Fair Housing Act (FHA) litigation, the article argues that concerns about access to AI and algorithm-related discovery are overstated. In real …

Front Matter, Vol. 58 (2026)

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Vol. 58 (2026)

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Turning Points And Paradigm Shifts In International Law, Michael P. Scharf, Lucas R. Van Dyke

Case Western Reserve Journal of International Law

No abstract provided.