Law Commons^™

The Presumption Against Extraterritoriality And Wire Fraud, L. Jackson Howell Jr.

Fordham Law Review

As globalization and technology increasingly blur geographic boundaries, federal prosecutors have turned to the wire fraud statute as a powerful tool for targeting transnational misconduct. Despite its popularity in international fraud prosecution, the statute’s application to foreign conduct continues to raise unresolved and pressing questions under the presumption against extraterritoriality. Specifically, courts have struggled to identify when a domestic wire communication is sufficient to bring a largely foreign fraudulent scheme within the reach of U.S. law. With the U.S. Supreme Court silent on the wire fraud statute directly, and zigzagging in its extraterritoriality jurisprudence more generally, lower courts are split …

When The Screen Lies: Navigating Privacy And Publicity In An Ai World, Nancy M. Menagh

Fordham Law Review

A key issue of the 2023 SAG-AFTRA strike was the use of generative AI in the entertainment industry and, more specifically, the creation of uncanny digital replicas of performers being used without their knowledge or consent. Since then, concerns have only intensified around the unauthorized creation and use of digital replicas and the ease with which they can be made and disseminated online. Currently, there is a patchwork of state laws that attempt to target these issues, but they have proven ineffective against the challenges presented by digital replicas.

This Note analyzes the problems digital replicas have raised in the …

The Evolution Of The Second Amendment And The American Gun Violence Epidemic: A Historical Analysis Of Political Self-Sabotage, Amanda Tureaud

Senior Theses

From the conception of the Bill of Rights until the 21st century, the Second Amendment was read and understood by the American population, both ordinary citizens and government officials, branches, and agencies inclusively, to allow the nation to have an armed military but not for private citizens to own and/or carry firearms. Since 2008, however, the Second Amendment has been interpreted as an absolute freedom for private citizens to own and carry semiautomatic assault weapons in the name of personal protection. This thesis holds that the evolution of society’s attitude on guns and gun control is specifically denoted by the …

Reclaiming Sound: Copyright Restoration As Cultural And Economic Justice For Black Musicians, James Roberts Jr.

Senior Theses

This paper examines copyright restoration as both a legal mechanism and a form of cultural reparations for Black musicians historically excluded from ownership and profit in the American music industry. It traces the evolution of U.S. copyright law from its earliest forms to the Music Modernization Act of 2018, highlighting how shifting statutory frameworks have gradually extended protection and restoration rights to artists who were once denied them. The analysis situates this legal trajectory within a broader history of racialized exploitation in the recording industry, where inequitable contracts and systemic power imbalances functioned as modern forms of artistic sharecropping. Through …

The Future Of Diplomatic Asylum In Latin America, Regina Romero-Garza

The International Law Review Association Student Forum

Latin American Countries (“LAMC”) maintain a distinct set of diplomatic practices that differ from those commonly observed around the world. One observable distinction is the doctrine of diplomatic asylum, which allows political refugees of other countries to seek asylum in foreign embassies. The concept of diplomatic asylum is seldom recognized outside of the Latin American region, leaving LAMC as one of the few that recognize and use this locally recognized right. Various cases have arisen over the years involving disputes between the countries receiving the refugee (receiving state) and the country that wants the refugee in their custody (territorial state). …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2025

Nebraska Transcript

Dean’s message

Nebraska Law students achieve outstanding results in competitions

Nebraska Law recognized for excellence in mental health and well-being

Clifton, ’08, honored as 2025 Alumni Master

Uecker, ’25, selected as a 2025 Next Generation Leader

Unexpected path to Nebraska Law leads Haratsis, ’25, to home, calling

Client Counseling program celebrates 50 years

Big Ten law schools present series of panel discussions on rule of law

A reflection of the past six years, College’s strategic plan now complete

A culture of strengths: CliftonStrengths and the College of Law

Celebrating 50 years of Ross McCollum Hall

Johnson studies how election law …

Texas S.B. 8 V. Rights: Restoring Judicial Power With The State Action Remedy, Kobi J. Grossman

Undergraduate Honors Theses

While the constitutional right to an abortion was the law of the land in the U.S., Texas sought to restrict that right in line with their political agenda by passing S.B. 8 (2021), referred to as the “Texas Heartbeat Act”. This statute made access to abortions illegal past six weeks, or once a heartbeat is detected. The enforcement structure created in the law did not look to the state to exercise its role as the executor of the public good, but rather, to private citizens in creating a right of action for individuals to sue anyone who “aids or abets” …

The Jurisprudence Of Constitutional Entitlement, David Schraub

William & Mary Bill of Rights Journal

Lawyers are accustomed to thinking of constitutional law as a familiar binary: Either a given governmental policy or practice is constitutional and therefore permitted, or unconstitutional and forbidden. But not all constitutional laws are created equal. A state practice which may be constitutional in concept (such as the death penalty) may, in some or many applications, violate specific constitutional rules and become impermissible. When a policy which has been affirmed to be constitutional in general repeatedly runs up against problems as-applied, a legal tension emerges: can the state implement the policy or not? This dilemma illuminates a third constitutional category: …

Ten Commandments In The Public Square And Public Schools, Mark David Hall, Andrea Picciotti-Bayer

William & Mary Bill of Rights Journal

The Ten Commandments are of paramount importance to the Jewish and Christian faiths, and they are viewed by many as a source of Western law. In America, they have been (and are) taught in churches and synagogues, and throughout much of this nation’s history they have been taught by parents, tutors, and teachers in private and public schools. They are regularly displayed in courthouses and statehouse grounds, and some states have desired to display them in public schools. Predictably, those who would scrub religion from the public square have argued that Ten Commandment displays on public property violate the First …

Regulating Deception To Protect Democracy: Global Election Misinformation Regulations Analyzed Under U.S. First Amendment Doctrine, Stephanie Hoke

William & Mary Bill of Rights Journal

This Note argues that the marketplace of ideas may not always be a workable theory for the election misinformation that pervades social media platforms. Social media is a unique medium because it does not have the same safeguards as television, radio, and newspapers that are used to filter out false claims and information. Due to the lack of safeguards and the algorithms that promote misinformed posts, social media platforms provide a thriving environment for election misinformation. In addition, the presence of online “echo chambers” and the speed at which misinformation can spread calls for some form of government regulation. In …

Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri

Articles

Lawmakers and technology companies are regulating online sexuality in the name of feminism. Whereas libertarian ideals dominated early debates about internet governance, "safety" has become the rallying cry to regulate online activity in the age of Big Tech. Legislators across the political spectrum and companies around the world are devising interventions meant to keep people - and especially women safe from the risks of online sexuality. Through law and technology, they target everything from privacy invasions to unwanted messages to sexual deepfakes. We call this regulatory and ideological trend Big Tech feminism.

This Article interrogates the feminist strands animating Big …

Antitransgender Legislation And Needs Of Transgender Floridians, 2018–2024, Callan Hummel, Kim-Phuong Truong-Vu, Kathryn Nowotny, Ashley Mayfaire, Beaux Ramos, Jasmine Mckenzie, Charlton C. Copeland, Tiffany R. Glynn

Articles

Objectives. To document transgender Floridians’ service needs before and after antitransgender state legislation.

Methods. We conducted descriptive and change point analyses of intake survey data collected by a transgender-led community-based organization in Florida from 701 clients who requested services between 2018 and 2024.

Results. Findings show enrollment for services increased during the rise in antitransgender legislation, with pressing needs for legal and financial support for name changes and gender-affirming health care. The percentage of clients requesting sexual health resources increased, especially among Black clients.

Conclusions. Findings underscore the urgency of (1) understanding the impact of antitransgender legislation on service needs, …

University Of Baltimore Law Review, Volume 54, Issue 2, Fall 2025

University of Baltimore Law Review

No abstract provided.

Unveiling Injustice: An Analysis Of Four Prosecutor-Led Conviction Integrity Units, Erin M. Daneker

University of Baltimore Law Review

No abstract provided.

Dumping The Fence: Unifying Tower Dumps And Geofence Searches As Reverse Location Searches, Philip Glaser

University of Baltimore Law Review

No abstract provided.

Changing The Game Plan: Using Section 504 To Protect Transgender Athletes From Title Ix’S Shortcomings, Christina Charikofsky

University of Baltimore Law Review

No abstract provided.

Ip @ The U - September 2025, Jorge L. Contreras

Law School Historical Documents

Welcome to IP @ the U, a periodic newsletter for students, alumni, faculty and friends of the University of Utah College of Law's Program on Intellectual Property and Technology Law. This issue covers highlights from Summer and Early Fall 2025.

Compassionate Causation In The Domestic Violence Survivors Justice Act, Zoë Lewis Ewing

University of Chicago Law Review

This Comment evaluates the implementation of the Domestic Violence Survivors Justice Act (DVSJA), a New York law passed in 2019 to provide shortened sentencing ranges for domestic violence survivors convicted of crimes. It identifies an inconsistency in sentencing courts’ application of the law’s causation standard, which requires that a petitioner’s experience of domestic violence be a “significant contributing factor” to their criminal conduct. Some courts interpret the prong narrowly, while others apply a broad causation standard. This Comment argues that courts should opt for the latter approach and consider causation in the DVSJA satisfied if domestic violence was “sufficiently significant …

Disclosure Puzzles In Patent Law, Jonathan S. Masur, Lisa Larrimore Ouellette

University of Chicago Law Review

Since its inception, patent law has required that inventors publicly disclose information about their inventions in exchange for receiving patent rights. This foundational requirement is policed through multiple doctrines: patents fail “enablement” if “undue experimentation” is needed to practice the invention, and they lack adequate “written description” when they fail to establish the inventor’s “possession” of the invention.

Despite disclosure doctrines’ centrality, fundamental puzzles about their application remain unresolved. What are the boundaries between enablement and written description? Do equivalents claimed via the doctrine of equivalents have to be enabled or described? Are the rules different for after-arising technologies? Federal …

Necessary Developments: Calibrating The Fair Housing Act’S Reasonable Accommodation Provision, Ben Griswold

University of Chicago Law Review

The Fair Housing Act prohibits denying people with disabilities “reasonable accommodations.” But courts have long split over how to interpret this provision. At the center of the divide is the statutory requirement that an accommodation be “necessary to afford . . . equal opportunity to use and enjoy a dwelling.” Courts diverge over whether the statute imposes a strict-necessity standard, requiring that an accommodation be truly indispensable, or a lenient-necessity standard, requiring only that the requested accommodation ameliorate the plaintiff’s disability.

Rather than pick one interpretation, this Comment suggests that courts should tailor the necessity standard they employ to the …

Law School Record, Vol. 72, No. 1 (Fall 2025), Law School Record Editors

Law School Record

• Message from the Dean
• How the Law School is Incorporating AI into the Curriculum
• Café D'Angelo Builds Community One Cold Brew at a Time
• Adam Chilton Becomes Dean
• The Corporate Speech Dilemma
• Theory in Practice
• Counselors of Crypto
• Asked & Answered - Richard Robbins, '91 Director of Applied AI
• Seven Alumni Begin Clerkships for Supreme Court Justices
• Professor John Rappaport Discusses his New Criminal Law Casebook
• Two New Faculty Members Join the Law School
• Other Faculty News and Recognition's
• The Law School Launches the Dean's Fellow Program
• Meet the Class of 2028 (by the numbers)
• Development News
• In Memoriam
• Giving …

Last Chance Lawyers: Mercer's Habeas Project And Lessons Learned From A New Generation Of Service Learners, Meagan R. Hurley

Articles

Late on a Sunday night, the conference table in Mercer Law’s Habeas Project classroom was buried under transcripts, cases and drafts of a soon-to-be finished appellate brief. Third-year law students Chyna Carter and Valerie Pallos sat shoulder-to-shoulder, tightening arguments, double-checking citations and calculating word counts yet again. They’d spent weeks working with classmates, meticulously researching their client’s case and poring over a voluminous record, in preparation of filing a habeas appeal with the Supreme Court of Georgia.

“We thought we had a convincing argument and just needed to get it reflected on paper,” Carter, now an associate at McLain & …

The Racialized Retaliatory State: Weaponizing Immigration Law To Criminalize Dissent, Karla Mckanders

William & Mary Journal of Race, Gender, and Social Justice

This Essay examines how systemic racism impacts the ways immigration laws operate to retaliate and criminalize immigrants who dissent. Criminalizing dissent—which recently has become more widespread—is one tool within the immigration system that reinforces America’s racialized caste system. This Essay frames immigration exceptionalism as a continual state that excludes nonconforming bodies and ideologies to instill fear as a means of authoritarian governance. This Essay challenges the history of immigration exceptionalism as an objectively neutral system of governance, arguing that it has historically criminalized racialized migrants to suppress dissent and ideological viewpoints that are not aligned with America’s racialized project. Immigration …

“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee

Washington Law Review

This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the state. This Article focuses on the misnaming of Indigenous, Asian, and Latine people, beginning first with the way misnaming is done by the administrative state. The authors then discuss misnaming as it has operated in legal proceedings, providing both historical and contemporary examples from federal and …

A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin

Washington Law Review

This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in state-run inmate work programs. This statutory carveout is contrary to the rehabilitative purpose of Washington’s prisons because it impedes incarcerated people’s ability to afford necessities, participate in rehabilitative programs, and reintegrate into society. This exemption is unconstitutional under the state’s cruel punishment clause, because it is disproportionately cruel punishment and an excessive fine that incarcerated workers cannot afford. The exemption is also unconstitutional under the state’s privileges and immunities clause, because …

Res Gestate 2025 Fall Issue, Lindsay Wilcox, Angela Turnbow, Austen Diamond, Lexie Kite, Violet Maw, Henry Randolph, Robert Rice, Dave Titensor, Elizabeth Kronk Warner

Law School Historical Documents

The Alumni Magazine for the S.J. Quinney College of Law, University of Utah

Legal Models For Public-Private City Greening Partnerships, Daniel J. Metzger

Sabin Center for Climate Change Law

Cities are significantly hotter than their surrounding areas. That difference, known as the “urban heat island” effect, is driven in significant part by the dark-colored buildings, sidewalks, roadways, and similar surfaces that dominate urban spaces, absorbing solar energy and later radiating it outward as thermal energy that heats the nearby air. This Comment suggests and describes one avenue through which cities and local community-based organizations (CBOs) could tackle extreme heat: partnering with one another to transform paved surfaces into green or reflective ones. Partnerships of this kind could combine the resources and desire to create green spaces that nongovernmental groups …

Teaching Students To Write Well With Ai (Even If You're Still Learning It): A Guide For Faculty Who Want To Teach - Not Play Detective, John Lande

Faculty Publications

As generative artificial intelligence (AI) tools rapidly enter legal education, faculty need practical ways to guide student writing and promote academic integrity.  This one-page guide offers concrete strategies to help faculty teach students to think and write more effectively with AI tools.  As students increasingly use AI on their own, faculty face two related challenges:  preventing misuse and promoting deeper learning.

This guide frames the instructor’s role not as a detective, but as a coach who helps students use AI responsibly.  It outlines techniques to clarify expectations, promote good writing, and foster critical engagement with AI.  Adapted from the short …

Did Your Student Or A Bot Write This Paper?: Teaching And Grading In The Age Of Ai, John Lande

Faculty Publications

Generative artificial intelligence (AI) is disrupting traditional assumptions about law students’ authorship of their written assignments.  Faculty are concerned about their ability to tell whether students are writing their own papers or simply using AI tools like ChatGPT.  This article offers practical strategies for addressing this problem, focusing on teaching and grading practices that promote transparency, accountability, and learning.

It recommends that faculty require students to include AI use certification cover sheets with their papers, disclosing whether and how they used AI tools during the writing process.  The article also explains how faculty can shift from purely summative to use …

Faculty Use Of Artificial Intelligence In Teaching, John Lande

Faculty Publications

This report presents findings from a 2025 survey of U.S. law faculty about their own use of generative artificial intelligence (AI) tools such as ChatGPT and how their students use them as well.  Most respondents reported using AI at least occasionally for teaching-related purposes, and many estimated that a majority of their students used it in their courses.

Faculty identified benefits such as time savings, idea generation, and improved clarity. They also reported significant concerns about students’ over-reliance on AI, as well as the unreliability of its outputs.

Most faculty had revised assignments and assessment practices and provided guidance to …