Law Commons^™

Real Laws From Imagined Facts: The Formative Role Of Assumption In Prison Litigation Reform Act Exhaustion Doctrine, Katrina T. Goto

University of Chicago Law Review

In Woodford v. Ngo, the Supreme Court made explicit the judicial assumption that most prisons have effective internal grievance procedures, firmly cementing that assumption within Prison Litigation Reform Act (PLRA) exhaustion doctrine. Reliance on this assumption has contributed to doctrinal rules that map poorly onto the factual realities of prisons and require constant clarification by the Supreme Court. Indeed, the Supreme Court has been called upon twice in the past decade to sort out the mess of doctrinal rules governing PLRA exhaustion, first in Ross v. Blake and again this year in Perttu v. Richards. Examining the Court’s path to …

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Past And Future Of Taxing "Incomes", Clint Wallace, Bret Wells

North Carolina Law Review

No abstract provided.

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

North Carolina Law Review

No abstract provided.

The Legal Invincibility Of Exclusionary Zoning And The Inevitability Of A Housing Shortage In The Old North State, Joel E. Gillison

North Carolina Law Review

No abstract provided.

How Not To Design Expert Bureaucracy: Lessons From Administrative Law, Wendy E. Wagner

North Carolina Law Review

No abstract provided.

Memory Delayed Is Justice Denied: Why North Carolina Should Amend Its Statute Of Limitations For Child Sexual Abuse Cases, L. Casey Buttke

North Carolina Law Review

No abstract provided.

A Shield For Schools, But No Relief For Students: The Problem With Statutory Immunity In Dieckhaus V. Board Of Governors Of University Of North Carolina, Rachel Elizabeth Stuart

North Carolina Law Review

No abstract provided.

The Pragmatic Mechanisms In King Salman Bin Abdulaziz Al Saud's Discourse: A Pragmatic Analysis Of The Shura Council Speech (Third Year - Eighth Session), Hejab Bin Mohammad Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

This study aims to analyze the royal speech delivered by King Salman bin Abdulaziz Al Saud at the opening of the third year of the eighth session of the Shura Council (1444H), through a pragmatic lens that reveals the underlying structure of political language in the Saudi context. It adopts a pragmatic discourse analysis approach, focusing on speech acts, deixis, presuppositions, implicatures, and argumentation, supported by quantitative representation. The findings indicate the strategic use of pragmatic tools in the speech: seventeen speech acts, fifteen deictic expressions, nine presuppositions, six implicatures, and eleven instances of argumentation. This reflects a deliberate and …

Chatgpt In Teaching English As A Foreign Language: Teacher And Learner Perspectives, Sameiha Alhussain N Khawaji

University of Tabuk Journal for Humanities and Social Sciences

This study investigates ChatGPT as a supplementary tool in English as a Foreign Language (EFL) education through surveys of 150 teachers and 350 learners in Asia, Europe and Latin America. Results show that ChatGPT improves language proficiency by providing personalized feedback, conversational fluency (72% of users reported improvement), writing scores by 22% and vocabulary through contextualized practice. Teachers found it useful for lesson planning and administrative tasks. However, challenges such as plagiarism risks (15% of cases), occasional inaccuracies and cultural insensitivities especially in idiomatic and formal language use require ethical guidelines and human oversight. For example, Asian participants noted mismatches …

Beautiful Articulation In Confirming Ali's Commendation Of The Companions In Nahj Al-Balagha: An Inductive-Analytical Study, Ghazwa Suliman Awad Alanazi

University of Tabuk Journal for Humanities and Social Sciences

This study investigates Ali ibn Abi Talib's (may Allah be pleased with him) perspective on the Companions, particularly the Muhajirun and Ansar, as presented in Nahj al-Balagha, aiming to clarify his relationship with them and address a central point of Sunni-Shi'a divergence. Employing inductive and analytical approaches, it scrutinizes narrations attributed to Ali. Key findings reveal: (1) Nahj al-Balagha, compiled by al-Sharif al-Radi, holds prominence among Shi'a, yet Sunnis question its authenticity due to the lack of verifiable chains of transmission; (2) Ali consistently praised the Companions as exemplars of devotion and asceticism; (3) He specifically extolled the Muhajirun for …

The Rhetoric Of Conceptual Metaphors In The Textbook Al-'Arabiyya Bayna Yadayk For Non-Native Speakers: A Cognitive Approach, Fawzi Ali Ali Soileh

University of Tabuk Journal for Humanities and Social Sciences

This research, entitled The Rhetoric of Conceptual Metaphors in the Textbook Al-'Arabiyya Bayna Yadayk for Non-Native Speakers: A Cognitive Approach, aims to examine the textbook prescribed for non-native learners at King Khalid University. The study explores the communicative dimension and the cognitive power that contributed to the construction of the book, in an attempt to answer a fundamental composite question: How did the cognitive mind construct its own metaphorical world within Al-'Arabiyya Bayna Yadayk? And what conceptual metaphors extended their influence in shaping this textbook? The key finding is the experts' sound awareness in addressing the needs of this diverse …

Singapore's Pre-Service Teacher Training System: A Comparative Study For Improving Saudi Arabia's Teacher Preparation Programs, Mohammed Awad Alasmrai

University of Tabuk Journal for Humanities and Social Sciences

This study sought to explore opportunities for leveraging Singapore's distinguished pre-service teacher education model and assessing its applicability within the Saudi context. Employing a descriptive-analytical approach, the research compared teacher preparation systems in both countries, drawing on official documents, educational literature, and insights from 82 educational experts. The findings highlighted the excellence of Singapore's model, which is built on an effective tripartite partnership between the National Institute of Education, the Ministry of Education, and schools. This system features competitive admission standards and comprehensive training programs that integrate cognitive, skill-based, and behavioral dimensions. In contrast, Saudi Arabia's system involves multiple supervisory …

The Effectiveness Of A Training Program Based On The Next Generation Science Standards (Ngss) To Develop 21st-Century Skills Among Female Student Teachers At The Department Of Early Childhood, The College Of Education, Umm Al-Qura University., Hadeel Ahmed Ibrahim Waqad

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the effectiveness of a training program based on the Next Generation Science Standards (NGSS) to develop 21st-century skills among female student teachers at the Department of Early Childhood in the College of Education, Umm Al-Qura University. To achieve its objective, the study employed a quasi-experimental design within an experimental methodology. The study sample consisted of (23) female students from the Department of Early Childhood in the College of Education, Umm Al-Qura University. A guide for the NGSS-based training program was developed, and a 21st-century skills questionnaire was used as a data collection tool. The study …

The Reality Of Postgraduate Programs Strategic Orientations At Bisha University And Mechanisms For Their Development In Light Of Local And International Experiences (A Comparative Study), Wafaa Abdullah Farhan Al-Amari

University of Tabuk Journal for Humanities and Social Sciences

This study analyzes the strategic orientations of postgraduate educational programs at the University of Bisha and compares them with local and international universities to propose developmental mechanisms based on leading practices. The research employed a descriptive-analytical and comparative approach, using a questionnaire distributed to 244 faculty members as experts, along with content analysis of strategic plans, official documents, and university websites. Findings indicated that the University of Bisha's strategic orientations were rated highly, with a mean score of 4.41 and an agreement percentage of 88.28%. However, the similarity with local and international universities was moderate, with a mean of 3.369 …

The Image Of Youth And Old Age In The Poetry Of Aby Hilal Al-Askari (Died At 400 H/1009m) - An Objective Technical Study, Ahmed Dkil Mohammed Al-Juhani

University of Tabuk Journal for Humanities and Social Sciences

This study aims to elucidate the depictions of youth and old age in the poetry of Abu Hilal Al-Askari. The poetic texts addressing the stages of youth and old age constitute a significant portion of his poetry. Youth is characterized by an eagerness for life, the pursuit of ambitions, and the fulfillment of aspirations, while old age is marked by a withdrawal from pleasures, amusements, and indulgences, as well as the rejection of the elderly by young women. The importance of this study stems from the lack of prior research addressing this phenomenon in his poetry. The study is structured …

The Reality Of The Partnership Between The Family And The School And Its Impact On The Academic Performance Of Students With Learning Disabilities At The Primary Stage From The Perspective Of Their Families, Saleh Abdulrahman Ali Alalyani

University of Tabuk Journal for Humanities and Social Sciences

The current study aimed to assess the reality of the partnership between the family and the school and its impact on the academic performance of students with learning disabilities at the primary stage from the perspective of their families. The study adopted the descriptive-analytical method. The study population consisted of families of students with learning disabilities enrolled in public schools in Al-Madinah Al-Munawwara region (1,430 families), and a simple random sample of 303 families was selected. To collect data, the study used a questionnaire composed of two main axes; the reality of the partnership and then its impact on the …

Strategies For Dealing With The Overuse Of Artificial Intelligence Applications Among Postgraduate Students At Some Saudi Universities: An Analytical Study Of Academic Impacts And Proposed Solutions, Naimah Nasser Abdulaziz Alhumaidhi

University of Tabuk Journal for Humanities and Social Sciences

Study aims to identify strategies for dealing with overuse of artificial intelligence applications among postgraduate students in Saudi universities: an analytical of its academic impacts and proposed solutions, adopted a descriptive-analytical approach by administering a questionnaire to a sample of (327) male, female postgraduate students from (Al-Jouf, Taibah, Najran, Shaqra) universities. The results showed that level of prevalence of the overuse of artificial intelligence applications among postgraduate students was moderate. The motivations behind this excessive use were high, particularly concerning saving time and ease of access to information. Level of academic and behavioral impacts resulting from this overuse was generally …

The Blackstone Ratio, Modified, Murat C. Mungan

Faculty Scholarship

In his discussion of evidentiary policies, Blackstone famously noted that ‘it is better that ten guilty persons escape than that one innocent suffer’ (Blackstone 1769). The conventional wisdom among lawyers, judges as well as academics holds that accepting this statement as a maxim necessitates the adoption of pro-defendant evidentiary rules. It is also commonly believed that costs associated with false convictions being greater than those associated with failures to punish offenders due to the presence of punishment costs provides a utilitarian rationale for Blackstonian principles. After formalizing Blackstone ratios (either as marginal rates of substitution or, alternatively, as the ratio …

Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules-standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …

Lawyers' Client-Inclusive Negotiations: The "New Mediation"?, Nancy A. Welsh, Donna Shestowsky

Faculty Scholarship

When proponents initially urged the courts to institutionalize mediation for the resolution of general civil cases, they argued that the procedure would be superior to trial—and also to lawyers’ settlement negotiations—in terms of parties’ exercise of self-determination, satisfaction with outcomes, and opportunity for voice. These claims, however, rested on certain assumptions, particularly regarding the implementation of mediation and lawyers’ settlement negotiations. In mediation, the parties were to take center stage, with the mediator assisting them by facilitating their communication and negotiation so that they could reach a customized resolution. Lawyers’ settlement negotiations in general civil litigation, meanwhile, were assumed to …

Defending Form Contract Consent, Wayne R. Barnes

Faculty Scholarship

The issue of standard form contracts has bedeviled Contracts scholars for a century. The basic problem has long been known. Contract is supposed to be a quintessentially consensual activity, whereby both parties are operating with full knowledge and comprehension of the array of terms and conditions being negotiated and agreed to. But by employing standard forms replete with boilerplate fine print, companies have created a regime whereby it is most likely irrational for consumers to bother reading the terms before consenting to the transaction. The existing “duty to read” doctrine is that consumers fully consent to all terms when they …

Copyright, Incentives, And Popular Music Composition, Glynn S. Lunney Jr.

Faculty Scholarship

The rise of file sharing and the subsequent collapse in sales of recorded music offer a rare glimpse into a counterfactual world where copyright, for a time, was weakened. Comparing creative output before and after this exogenous shock allows us to test empirically whether incentives to copyright owners were correlated with creative output. In this article, I extend previous work on this issue from recording artists to songwriters and search for a correlation between incentives and popular music composition. In particular, I test three hypotheses. First, I test whether more incentives were associated with more or better popular musical compositions. …

Feedback Loops: Fly On The Wall, Patrick Barry

Articles

I recently turned to an interesting source to get some feedback on the way I communicate when leading meetings and speaking to large groups: artificial intelligence (AI) tools. Born into a family of fast-talking New Yorkers who don’t always wait for you to finish your thoughts before they jump in with theirs (my mom grew up in Manhattan and my dad grew up in Long Island), I recently realized that I have developed what the linguist Deborah Tannen calls a “high-involvement” conversation style, especially when I take the lead in meetings or teach my classes. I nod as other people …

Cover And Front Matter, Volume 51, Issue 1 (Fall 2025), University Of Dayton. School Of Law

University of Dayton Law Review

Cover, table of contents, masthead

Finally Paying The Players: An Analysis And Recommendation For Ohio’S New Nil Legislation, Michael Berner

University of Dayton Law Review

No abstract provided.

Book Review - Beyond Banks: Technology, Regulation And The Future Of Money, Dan Awrey, (Princeton And Oxford: Princeton University Press, 2024), 292 + Viii Pp., $48 Cad, Benjamin Geva

Articles & Book Chapters

No abstract provided.

General Rulemaking Grants And The Federal Trade Commission, Tamar Katz, Alex Lloyd George, Lev Menand, Tim Wu

Faculty Scholarship

The legal campaign against the administrative state has a new front: general rulemaking provisions. General rulemaking provisions authorize agencies, in an open-ended way, to write rules to carry out Congress’s directives. Administrative agencies have relied on such provisions for decades. But over the last several years, some litigators, scholars, and judges have advanced limiting theories that would, if applied widely, greatly reduce the ability of agencies to execute federal statutes. The leading edge of this campaign is an effort to negate the rulemaking authority of the Federal Trade Commission (FTC). The reasoning employed by the FTC’s opponents, already adopted by …

Purpose And Nonprofit Enterprise, Cathy Hwang, Dorothy S. Lund

Faculty Scholarship

Nonprofit enterprise is responsible for a large share of economic activity across the globe. And yet, leading theories fail to explain why nonprofit business survives and even thrives across a vast number of industries, ranging from artificial intelligence to beer brewing, despite an absence of shareholder control. Indeed, as shareholder ownership and intervention rights have become the core component of successful corporate governance, this success is all the more surprising.

This Essay offers a novel “purposeful enterprise” theory to explain the puzzling success of nonprofit enterprises. Drawing on research in behavioral economics and organizational science, it argues that organizational purpose …

The Value Of Jury Rights, Philip A. Hamburger

Faculty Scholarship

The right to a civil jury trial is often dismissed as an inefficient anachronism ill suited to the complexities of modern litigation, and these efficiency concerns have long overshadowed any serious defense of the Seventh Amendment. This Article argues that such skepticism profoundly misunderstands the constitutional function and enduring value of civil jury rights. The Article observes that the Seventh Amendment’s jury right was adopted with the understanding that it would come with some inefficiencies and that contemporary concerns about its inefficiencies tend to be overstated. Ultimately, the Article finds that civil juries are essential for structural reasons such as …