Law Commons^™

Pardoning Corporations, Brandon Stras

University of Chicago Law Review

In 1977, a company convicted of conspiring with the mob asked President Jimmy Carter for a pardon. Government officials speculated that the President could grant the request, but ultimately the President decided that the company did not deserve clemency. Nearly fifty years later, President Donald Trump pardoned a company and commuted the sentence of another. People are again wondering whether the pardon power covers companies, but no one can offer evidence either way.

History shows that the pardon power covers companies. Before the Founding, the King would often pardon corporations. Both the City of London and the Massachusetts Bay Company …

Sincerity Or Substantial Burden? Investigating The Proper Threshold Test For Prisoner Free Exercise Claims, David Wang

University of Chicago Law Review

When prison officials violate the free exercise rights of prisoners, prisoners can seek recourse under 42 U.S.C. § 1983. However, due to the specialized and restrictive nature of prisons, courts adjudicate these claims under a reasonableness test set out in the case Turner v. Safley instead of under a strict scrutiny standard. While circuits agree on using the Turner test for prisoner free exercise claims, there is a deep circuit split on the proper threshold test for these types of claims.

While some circuits hold that inmates need to show that their religious practice was substantially burdened, other circuits hold …

From Winans To Wallahee: Treaties, The Washington State Supreme Court, And The Pursuit Of A More Just Rule Of Law, Monte Mills

Washington Law Review

The relationship between the United States federal government, the states, and Native Nations has long been at the core of federal Indian law. From the earliest decades of its jurisprudence, for example, the United States Supreme Court struggled in its efforts to analyze and define the rights, authorities, and interactions of Native Nations within and in relation to the evolving structure of constitutional federalism. Treaties between the United States and Native Nations were central to those decisions and provided a necessary, constitutional check against state interests intent on eliminating sovereign Native Nations. Those constitutional and structural implications thus go well …

Who Counts As A "Reasonable Employee"? The Third Circuit's Bungling Of Section 8(A)(1) Violations, Ben Milstein

Washington Law Review

The National Labor Relations Act (NLRA) protects private employees’ right to unionize and collectively bargain with their employers. Section 7 of the NLRA guarantees employees the right to self-organize labor unions, while section 8 outlines numerous unfair labor practices. Specifically, section 8(a)(1) bans employer interference, coercion, or restraint of any section 7 rights. In a 2022 case, FDRLST Media v. NLRB, the Third Circuit Court of Appeals reversed a National Labor Relations Board (NLRB) finding that FDRLST Media’s executive officer’s tweet constituted a section 8(a)(1) violation. This Comment examines the history of section 8(a)(1) violations, specifically discussing the widely …

The Reasonability Rule For Medical Damages In Tort: In Defense Of Chargemaster Recovery, Avery E. Tunstill

Washington Law Review

In a personal injury suit, Washington law requires the plaintiff to prove that their medical costs are reasonable to recover damages for those costs. Tort reform proponents attempt to use this reasonability rule to limit tort damages awards. They argue that a plaintiff should only recover a portion of a hospital’s bill because most people do not pay a hospital’s sticker price—or the “chargemaster rate”—for medical care. Some reformers argue that recovery rates should instead be based on a set figure. Others argue in favor of eliminating the collateral source rule, which prohibits juries from reducing tort damages awards in …

The Supreme Court Of India's Use Of Inherent Power Under Article 142 Of The Constitution: An Empirical Study, M. P. Ram Mohan, Sriram Prasad, Vijay V. Venkitesh, Sai Muralidhar, Jacob P Alex

National Law School of India Review

The Constitution of India under Article 142 grants the Supreme Court of India broad inherent powers to do complete justice. The contours of these inherent powers and what it means to achieve complete justice were left to the Supreme Court to determine on its own. In this paper, we empirically examine all the Supreme Court cases from its inception in 1950 till 2023 which use the term “Article 142” or “complete justice.” We found 1579 cases, which were then hand-coded for many variables such as the nature of the case, where the case was appealed from, the temporal distribution, the …

Executive Compensation In A New Era: Pouring Old Wine Into New Bottles?, Florence Shu-Blankson

University of Dayton Law Review

The Author’s interest in executive compensation was sparked by the Delaware Court of Chancery’s decision to rescind the largest executive compensation package in U.S. history, awarded to Elon Musk by Tesla.1 Executive compensation has long been a contentious issue, and despite ongoing debates, efforts to regulate it effectively remain elusive. The process by which executive compensation committees and boards of directors determine these awards—along with their independence, the influence of controlling or dominant stockholders, and the transparency of decision-making— raises important questions about whether meaningful change is occurring or if the system remains fundamentally the same, merely repackaged as “old …

2025 Cardozo Law Library Annual Report, Dr. Lillian & Dr. Rebecca Chutick Law Library

Library Annual Reports

This annual report presents an overview of the Dr. Lillian & Dr. Rebecca Chutick Law Library’s activities and accomplishments during the 2024–2025 fiscal year. It includes highlights on research instruction, faculty and student services, collections management, classroom technology, scholarly communications, and strategic priorities for 2025–2026.

From Policy To Practice: How Institutional Interpretations Of Ferpa Shape The Campus Safety Conversation, Britney Deaver

Electronic Theses and Dissertations

The Family Educational Rights and Privacy Act (FERPA) is a foundational federal law designed to protect the privacy of student education records. FERPA includes exceptions—such as for health and safety emergencies—that institutions may interpret and apply in varied ways. This qualitative study explores how higher education professionals across diverse institutional contexts conceptualize and apply the health or safety exception, and how those interpretations influence campus safety practices and policy-making. Through semi-structured interviews with compliance officers and administrators, the research examines the intersection of federal policy, institutional culture, and individual judgment.

Findings reveal a range of interpretations shaped by institutional risk …

Lynk Labs: How The Least-Vetted Documents Destroy Issued Patents, Dennis D. Crouch

Faculty Publications

The Lynk Labs petition presents the Supreme Court with an opportunity to restore the temporal coherence that Congress built into § 311(b)'s evidentiary framework. By treating "printed publication" as synonymous with any reference that eventually becomes public, the Federal Circuit has transformed IPR into a forum where unexamined, abandoned patent applications can destroy patents that survived the very scrutiny those applications failed to complete. The Court should grant certiorari and hold that a printed publication must be printed and published before the critical date to serve as the basis for an IPR challenge.

Solving Professors' Dilemmas About Prohibiting Or Promoting Student Ai Use, John Lande

Faculty Publications

Faculty face difficult dilemmas as law students increasingly use generative artificial intelligence (AI) tools like ChatGPT.  Should faculty prohibit student use of AI in course work, allow it within limits, or actively encourage it to build professional skills?  Because students already use AI tools, faculty must respond.  Doing nothing can undermine core educational goals.

This article offers practical strategies for addressing these dilemmas.  These strategies are designed to promote learning, uphold academic integrity, and prepare students for an evolving legal profession.  This article outlines two broad approaches:  restricting unauthorized AI use and promoting responsible, supervised use.  It provides concrete suggestions …

An Analysis Of Policies Impacting Ex-Offenders And The Barriers Created In Their Transition Into Society: A Qualitative Metasynthesis, Thomas A. Ayala

Theses & Dissertations

In 2018, more than six million people in the United States were under correctional supervision, including incarceration, probation, or parole, equivalent to 1 in 40 adults (Maruschak & Minton, 2020). While this reflects a decline from previous years, prison populations reversed course in 2022, increasing by 2% nationwide, with 36 states and federal facilities reporting higher inmate counts (Nellis, 2024). Since 1973, policy shifts have fueled the rise of mass incarceration (Nellis, 2021; O’Brien, 2020). According to the Pew Center, the United States remains a global outlier, holding 5% of the world’s population, but incarcerates 25% of the 9 million …

Hall V. Warden, 141 Nev. Adv. Op. 70 (Dec. 23, 2025), Andre Anaya

Nevada Supreme Court Summaries

The Nevada Court of Appeals held pursuant to NRS 34.810(2), inmates must fully exhaust all grievance remedies before filing habeas petitions over time-served credits.

Complaints.Gov: Building A Modern Infrastructure For Accountability, Erie Meyer

Center for Law and the Economy

This report proposes the establishment of a national complaint portal, complaints.gov, to connect consumers with government resources to remediate disputes with business products or services. The report references the Consumer Financial Protection Bureau's consumer complaint portal – used to remediate disputes regarding loans, credit, and other consumer financial products – as a model for complaint clearinghouse infrastructure that can be integrated across the federal government. The report details steps for implementation of the complaints.gov portal and argues for consumer complaint remediation as a strategy for identifying market failures and promoting fair competition.

Workers’ Rights: Legal Protections Against Discrimination For Undocumented Employees, Nathan C. Zipperian, Mark Xiao, Kari Siegenthaler

Immigration Law Blog

Although undocumented workers are protected from workplace discrimination through federal and state laws, increasingly common immigration raids on workplaces coupled with widespread racist sentiment has caused some employers to preemptively terminate employees they suspect are undocumented. Even if undocumented workers succeed in keeping their employment, employers often weaponize the threat of immigration enforcement to create an environment of exploitation in which undocumented workers feel they cannot report abusive employer conduct.

This article will outline the legal protections afforded to undocumented people in the workplace, as well as detailing empirical studies that outline the types of discrimination undocumented workers often experience. …

Masthead

MC Law Review

No abstract provided.

Keeping The Ball Rolling: Enhancing The Lrw And Skills Curriculum By Incorporating Nextgen Bar Foundational Skills And Ai Innovations, Donna L. Eng

UF Law Faculty Publications

As of fall 2025, Legal Research, Writing, and Skills Professors nationwide are at a pivotal moment: determining whether and how to update their course curriculum to incorporate the NextGen Uniform Bar's (NextGen Bar) Foundational Skills and the latest advancements in AI. This article discusses how Legal Research, Writing, and Skills Professors might revise their curriculum to incorporate the NextGen Bar's Foundational Skills and advancements in AI.

What Lpe And The Christian Bible Have In Common, Christopher D. Hampson, Alvin Velazquez

UF Law Faculty Publications

No abstract provided.

Incorporating Ai Into The Contract Drafting Process: A Classroom Exercise, Kristen V. Hardy

UF Law Faculty Publications

I recently read the Three Blind Drafts: An AI-Generated Classroom Exercise, by Margie Alsbrook and Ashley Chase. I was trying to create an AI-related assignment for my spring contract drafting class. The article inspired me to attempt a conceptually similar assignment in an AI contract drafting exercise. This article will summarize Alsbrook’s and Chase’s original idea and describe how I adapted it for the contract drafting classroom; the student outcome; and my thoughts about what I would do differently the next time I attempt the assignment.

Combating Reproductive Injustice In A Ruby-Red, Restrictive State: The University Of Tulsa College Of Law Reproductive Justice Practicum, Miriam H. Marton

University of Baltimore Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Invitation To The Dance: The Texas Two-Step, Bankruptcy, And Mass Tort Litigation, Richard C. Ausness

Hofstra Law Review

No abstract provided.

Private Equity And A.I. In Healthcare: A Perilous Pairing For Patient Privacy, Eunice Park

Hofstra Law Review

The American healthcare system faces two trends that not only threaten the quality of health care, but which, combined, exacerbate another threat: the threat to patient privacy. The first of the two trends is the rapid expansion of private-equity acquisitions in the healthcare sector in the last decade, continuing the trend of medicine's corporatization. Decisions increasingly are being made by investors motivated by short-term profit, rather than by doctors motivated by clinical care, compromising healthcare delivery. The second trend is the simultaneous incursion in the healthcare industry of The American healthcare system faces two trends that not only threaten the …

Are A.I. Lawyers A Legal Product Or Legal Service?: Why Current Upl Laws Are Not Up To The Task Of Regulating Autonomous A.I. Actors, Sean Steward

Hofstra Law Review

The rise of automation, particularly with the advent of large language models, presents a significant potential for the legal profession. While automation has traditionally focused on manual and repetitive tasks, A.I.'s evolution now allows machines to handle complex, thought-intensive work involving decision-making. This shift underscores a pressing issue: the American legal system lacks a clear definition of the practice of law. This becomes especially critical as A.l, an "autonomous actor," begins to take on roles that were previously exclusive to human practitioners. One company that exemplifies the advanced capabilities of modern A.I.-powered technology is Pactum Al Pactum's autonomous negotiation software …

Defining The Field Of Wellness Law, Barbara J. Zabawa

Hofstra Law Review

Some lawyers practice "wellness law " without knowing what it is and how it differs from more recognized fields of practice such as health law, public health law, and medical malpractice. This Article defines the field of wellness law using, in a prescriptive manner, the organizational framework that identifies the common and distinctive patterns in wellness and the law that surrounds it. This examination entails reviewing statutes and cases that differentiate between conventional health care and products or services outside of it to identify the core problems that are common and unique to wellness law. Those core problems are twofold. …

Is Art Even Worth It?: Acknowledging Art's Value In Regulation And Sentencing To Prevent Art Dealers From Getting Off Scot-Free, Henry Danae

Hofstra Law Review

No abstract provided.

Diamonds Are Forever The Consumer's Worst Enemy: The Failure Of The Kimberley Process To End The Trade Of Conflict Diamonds, Sadie Mehr

Hofstra Law Review

No abstract provided.

Shielding Freedoms: State Noncooperation In Hunts For Evidence And People, Mary D. Fan

Washington Law Review

The nation is fracturing into a patchwork of rights and punishment. What some states and localities safeguard as rights, other jurisdictions are criminalizing and punishing. As the divides in rights and punishment deepen, some states are becoming sanctuaries for freedoms penalized elsewhere and enacting shield laws prohibiting cooperation with criminalization and punishment states. A prime example is shield laws protecting people seeking to exercise reproductive rights or obtain gender-affirming care. Major jurisdictions for healthcare and technology-related businesses, such as Washington, California, New York, and Massachusetts, have enacted shield laws that prohibit law enforcement and companies from complying with subpoenas seeking …

The Case For Selective Non-Transparency In Ai-Mediated Work: A Workers Rights Framework, Daniel Plate, James Hutson

Faculty Scholarship

This article advances a labor rights argument for selective non-transparency in AI-mediated work, framed through educational labor yet generalizable across the United States. The central claim asserts that blanket requirements to disclose all AI-assisted methods reconfigure managerial power by converting process knowledge into a surveillance substrate, thereby diminishing autonomy, chilling professional judgment, and enabling rapid deskilling. Synthesizing U.S. labor and privacy frameworks—especially interpretations of the National Labor Relations Act regarding electronic monitoring—alongside emerging state initiatives on automated decision systems, the analysis demonstrates how expansive process transparency risks infringing protected concerted activity while normalizing function creep in algorithmic management. Empirical literature …

Copyright

UC Law Journal

No abstract provided.