Law Commons^™

Omahe Rak Usah Apik-Apik: Adequate Housing Problems Of The Urban Poor Along Railway Tracks, Syahwal -

The Indonesian Journal of Socio-Legal Studies

As urban development accelerates, urbanization has simultaneously grown as an inseparable phenomenon. However, beneath this transformation lies a crisis within the capitalist system known as overaccumulation, which has led to the marginalization of urban poor groups. This phenomenon results in the creation of slums, one of which is found in the periphery of railway tracks, where the urban poor reside. Semarang the capital of Central Java Province, Indonesia, is an apt example of such developments,. This study takes as starting point that the right to adequate housing is an integral part of human rights and addresses the issue of why …

Reading American Anarchy As A Legal History Of Immigrants: Forum On Willrich's American Anarchy Forum: Willrich's American Anarchy, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Michael Willrich’s American Anarchy is at once an extraordinary history of ideas about anarchism and the rule of law, a history of lawyering, and a history of the simultaneous emergence of a capacious administrative state alongside a robust set of judicially protected civil liberties. While Willrich tells a rich and intricate story of illiberal border administration, American Anarchy also shows radical immigrants at work over decades in New York, with the border and its oppressive administrative apparatus little more than a dim memory. This essay explores how the book is more than a history of the border—it’s a history of …

Constructing An Effective Whistleblower Statute: Virginia Is Nearly There, Emma D. Guirlinger

William & Mary Law Review

Whistleblowers are pivotal in ensuring transparency and accountability in numerous public and private industries. They ensure that existing laws are enforced and hold employers accountable when they seek to evade them. Recognizing the significant value provided by whistleblowers, and that private actors within organizations are often in a better position than government enforcement officials to uncover wrongdoing, Virginia has enacted several whistleblower protection statutes, including the Virginia Whistleblower Protection Law (VWPL), which advocates lauded for “provid[ing] broad protections against retaliation and fundamentally alter[ing] the landscape for” Virginia whistleblowers.

While the VWPL seems promising, two provisions of the law, its statute …

Textualism Wins?: The Supreme Court’S 2024 Labor & Employment Law Cases, Nicole B. Porter

Faculty Publications

The Supreme Court decided five primary labor and employment law cases in 2024—two discrimination cases, two arbitration cases, and one labor law case. This article also discusses a sixth case, Loper Bright Enterprises v. Raimondo, because it will undoubtedly affect labor and employment law despite the facts and underlying issue having nothing to do with the workplace.

I was initially underwhelmed with this year’s cases. None of them addresses any major substantive labor and employment law issue. However, upon further consideration, the cases are noteworthy for three reasons. First, three of them are pro-plaintiff with outcomes that benefit workers— …

Presuming Justice For Temp Workers, Andrew Elmore, Kati L. Griffith, Sachin S. Pandya

William & Mary Law Review

Workers need to know who their employers are. Who is responsible for remedying workplace dangers? Who can they sue for restitution when they are discriminated against at work, or do not get paid for all of the hours they work? Temp agency contracts complicate these seemingly simple questions. In workers’ rights cases involving “temps,” courts and administrative agencies often engage in protracted, resource-intensive joint employer inquiries to decide whether the temp agency clients share in employer obligations and liabilities with the agencies. This is the case even when the temp agency client has the key markers of an “employer,” such …

Killing Through Their Kids, Dyllan Moreno Taxman

William & Mary Law Review

In early 2024, James and Jennifer Crumbley were sentenced to over a decade in prison after their son, Ethan, shot and killed four classmates at Oxford High School in Michigan. The Crumbley parents incurred manslaughter liability by ignoring Ethan’s deteriorating mental state, gifting him the murder weapon, and failing to act on concerns about Ethan’s behavior on the day of the shooting. The Crumbleys were the first parents of a school shooter to be convicted of a homicide in American history. This Article suggests they will be far from the last. Indeed, less than one year after the Crumbley convictions, …

Reforming Abolition, Daniel Fryer

Michigan Law Review

Abolition is an elusive concept, which allows people with various political views to identify with the idea. This Article unpacks some of the conceptual features that lead to its elusiveness. This imprecision has empowered some to point out the diverse—if not inconsistent—positions that self-identified abolitionists take when articulating the contemporary abolition movement’s demands. The question then becomes whether the movement could protect itself from being a rootless position with insufficient tools to guide change. I suggest that it can. Rather than getting caught up in debates about abolition’s ends, I propose that more attention be paid to abolition’s grounds. By …

Smu To Build Open Legal Database With Support From Ministry Of Law, Singapore Management University

SMU Press Releases and News

The Singapore Management University (SMU) will be developing Singapore’s first open empirical legal database with support from the Ministry of Law (MinLaw). Housed at SMU’s Centre for Digital Law, the three-year project will compile and release machine-readable datasets containing key statistical information about Singapore court decisions, statutes, legal scholarship and court structures. Named Singapore Open Legal Informatics Database (SOLID), the database will be freely accessible to researchers worldwide through a public website and Application Programming Interface (API), positioning Singapore alongside leading jurisdictions around the world that have invested in building up their legal data infrastructure.

J Mich Dent Assoc November 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The November 2025 (Volume 107, No. 11) issue of the Journal is published in both hard copy and with a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in November.

The November issue focuses on membership along with a reprinted clinical article on the Oral Manifestations …

Dentistry And The Law: There Will Be No Ban On Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission (FTC) voted on September 5, 2025, to accept a federal court ruling that it had exceeded its authority in proposing a ban on covenants not to compete (CNTCs), ending two-and-a-half years of speculation. Consequently, the enforceability of CNTCs will primarily be determined by Michigan statutory and common law. Guidelines for drafting enforceable CNTCs include setting a reasonable term, typically two years or less for employees, though purchase agreements may allow up to five years. The restricted geographic territory must be limited to what is necessary to protect the practice’s current patient population, such as a 10-mile …

Leaving Delaware? The Essential Role Of Specialized Corporate Courts, Zohar Goshen, Tomer S. Stein

Faculty Scholarship

Following the Delaware Court of Chancery’s invalidation of Elon Musk’s fifty-six- billion-dollar compensation package, Tesla moved its incorporation from Delaware to Texas. Shortly thereafter, Delaware’s legislature, seeking to protect Delaware’s dominant incorporation position, passed the most sweeping corporate law amendments in fifty years.

Both supporters of Musk and defenders of Delaware’s judiciary have accused each other of partisanship, but neither side has addressed the central question: What is the role of specialized corporate courts?

This Essay presents a novel theory of why such courts are necessary. Corporate disputes are distinct because they arise within ongoing relationships between shareholders and management, …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Faculty Scholarship

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology's addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

The Constitutional Fight Over The Nlra And The Nlrb: A 90 Year Reprise, Kate Andrias

Faculty Scholarship

This article traces renewed constitutional challenges to the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB), placing them in historical and doctrinal context. Contemporary attacks — advanced by major corporations and the Trump Administration — revive the constitutional conflicts of the 1930s. Drawing on arguments rooted in the unitary executive theory, as well as Article III and the Seventh Amendment, the current challenges threaten not only the NLRB’s independence but the broader administrative state and the system of labor rights it sustains. At stake is more than institutional design: the dispute reflects a deeper contest over …

Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann

Scholarly Works

The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to …

Attorneys And Ai: How Lawyers Use Artificial Intelligence And Analyze Its Impacts, Matthew I. Hall, Christian Turner, Eddie A. Gomez Schieber, Nathaniel Kite, Ari Schlesinger

Scholarly Works

AI systems are testing lawyers' professional ethics obligations of competence, confidentiality, and candor. In the legal profession, the widespread availability of AI systems presents opportunities, like improving the review of documents during the discovery stage of a lawsuit, and challenges, illustrated by the handful of high-profile incidents where lawyers submitted legal briefs in court citing and describing fictitious cases based on AI-generated output. We conducted interviews with 44 legal professionals in the U.S. to understand how attorneys are making sense of AI technology and the impacts these technologies are having on their profession, legal ethics, and legal institutions. We describe …

Law Library Blog (November 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Contracts Clause Can Be Enforced Via Section 1983, Period: The Nonexistent Circuit Court "Split”, Timothy M. Harris

SMU Law Review Forum

The Federal Circuit Courts are apparently split on whether 42 U.S.C. § 1983—which provides a civil cause of action for constitutional deprivation of rights— applies to actions brought under the Contracts Clause in article 1 of the U.S. Constitution. The “split” has existed since 2017 and a new case out of the Sixth Circuit seeks to end that constitutional discrepancy via cert petition. The case, however, is a suboptimal vehicle for ending this circuit court stalemate.

The Sixth and Fourth Circuits have held that Section 1983 does not apply to actions brought under the Contracts clause. The Ninth Circuit has …

Trump’S Multi-Pronged Attack On Renewable Energy, Michael B. Gerrard

Faculty Scholarship

Federal policy on renewable energy took a 180-degree turn on the day of Donald Trump’s second inauguration. The Biden administration had rightly seen a massive expansion of clean energy, especially wind and solar and the associated storage and transmission, as key to moving away from fossil fuels and fighting climate change. But Mr. Trump denies that climate change is a serious problem and works to increase both the supply of and the demand for fossil fuels.

This article discusses the range of actions involved in the Trump administration’s attack on renewable energy.

From Great “Liberator” To “Landlord Seeking Rent”: The Implications Of U.S. Reciprocal Tariffs Policy In Asia And Beyond, Henry S. Gao

Research Collection Yong Pung How School Of Law

The post-war international economic order was, to a large extent, underwritten by U.S. leadership. Nowhere was this more visible than in Asia, where the United States not only financed post-colonial development but also provided open access to its huge market, laying the foundation for export-led growth across the region. It underpinned regional stability through a blend of military, diplomatic, and economic engagement, including costly interventions in the Korean and Vietnam wars. That legacy, however, was fundamentally disrupted on April 2, 2025, when the Trump administration unveiled sweeping tariffs targeting key Asian economies. As Singapore’s defense minister wryly observed, the United …

اختصاص المحكمة الاتحادية العليا بتفسير المعاهدات والاتفاقيات الدولية دراسة تحليلية في النظام القانوني الإمارات, Noura Salem Alshamsi

Theses

The Federal Supreme Court's Jurisdiction to Interpret International Treaties and Agreements

This thesis examines and analyzes the interpretation of international treaties and agreements in the legal system of the United Arab Emirates, focusing in particular on the jurisdiction granted to the Federal Supreme Court in this area. It aims to clarify the legal rulings issued in this regard, in light of the UAE Constitution and recent legislative developments, particularly Federal Decree-Law No. (33) of 2022.

The thesis concludes that the UAE legislator has granted the Federal Supreme Court exclusive jurisdiction to interpret international treaties, and that this interpretation is achieved …

الوساطة الجزائية (دراسة مقارنة), شوق محسن العامري

Theses

No abstract provided.

A Fake Friend? Ai Companions Are Exactly That, Seow Hon Tan

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Tan Seow Hon discussed how AI companions, which promise emotionally intelligent companionship, have blurred the line between human and machine relationships by mimicking empathy, memory, and affection. She suggested that while such technologies may ease loneliness, they risk fostering narcissism, diminishing real human connection, and replacing authentic friendship with comforting illusions that erode the capacity for love and community.

Swiping Rights: Hidden Costs Of Hidden Laws, Rachel Landy

Articles

While many legal regimes have undergone fundamental shifts to account for the online economy, one lags behind: industry-specific mandatory contract rules. These rules, frequently buried in decades-old, nonintuitive statutes, are often overly prescriptive and come with draconian penalties, hampering the goals of entrepreneurship and impeding startup growth.

Much has been written about the intersection of regulation and entrepreneurship. But sparse attention has been paid to the unintended consequences on early-stage companies of more subtle regulatory interventions like contract rules — especially those with inconsistent or conflicting requirements among the states. This Article begins to fill that gap and uses as …

No Exit, Brian J. Broughman, Matthew Wansley, Samuel N. Weinstein

Articles

Fast-growing startups in search of capital and liquidity have traditionally sought to exit the private capital market through M&A or IPO. Until recently, antitrust enforcers rarely challenged startup acquisitions. But under the Biden administration, enforcers worried about the growing dominance of Big Tech sued to block more startup deals. Since antitrust restricts M&A but not IPOs, one might expect that greater antitrust enforcement would cause startups to substitute one kind of exit for another, leading to more IPOs. That did not happen. While M&A and IPOs both provide liquidity, they are not perfect substitutes. We model heterogeneity in M&A and …

Anti-Holistic Algorithms, Itay Ravid

Faculty Publications

This Article presents a critical tension in modern criminal justice between holistic criminal-justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk- assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as “whole persons” capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters—and potentially destroys—the holistic message itself.

In establishing this argument, the Article advances in two stages. It first identifies the development …

Holistic Criminal Justice, Hadar Dancig-Rosenberg

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task. Holistic criminal justice is not a single method or intervention. It is a reorientation—a conceptual framework and …

Standardization And Routine In Criminal Law, Eric S. Fish

Vanderbilt Law Review

What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task.

Holistic criminal justice is not a single method or intervention. It is a reorientation-a conceptual framework and …

The Reasonable Officer And The Disabled Subject, Jamelia N. Morgan

Vanderbilt Law Review

Police violence against disabled people is a  fundamental problem of policing. Whether through so called wellness checks, quality of life policing, or coercive state civil commitment procedures, disabled people are often on the receiving end of intrusion, violence, and rights violations by law enforcement. Yet, so, too, is everyone else. That disabled people are similarly, and yet uniquely, vulnerable to intrusion, violence, and rights violations by law enforcement might seem like just another group to add to the list of groups harmed by policing and police violence. However, the focus on disability does not merely bring to the forefront problems …

Anti-Holistic Algorithms, Itay Ravid

Vanderbilt Law Review

This Article presents a critical tension in modern criminal justice between holistic criminal justice aspirations and algorithmic governance: whether the holistic rehabilitation and reintegration project can survive technological determinism. As criminal legal systems embrace algorithmic risk assessment tools as solutions to address recidivism, this Article reveals a profound epistemological concern: the fundamental incompatibility between viewing offenders as whole persons capable of transformation and reducing them to statistical probabilities within computational matrices. By doing so, it demonstrates how algorithmic mediation fundamentally alters and potentially destroys the holistic message itself.

In establishing this argument, the Article advances in two stages. It first …

Justice Through Proximity: Theoretical Foundations And Practical Applications Of Collaborative Justice, Federica Coppola, Jarrell E. Daniels

Vanderbilt Law Review

This Article introduces a collaborative justice framework as a model for addressing crime and reimagining approaches to policymaking and legal education. The framework emphasizes the prevention and resolution of criminal matters through holistic strategies that confront the structural and social determinants of crime and victimization including poverty, systemic inequality, trauma, unjust policies, and institutional neglect while also promoting broader systemic change. At its core is the active engagement between legal system actors especially decisionmakers such as judges, prosecutors, and policymakers and legal system impacted individuals and communities, fostering a more equitable distribution of decisionmaking power between justice providers and justice …