Law Commons^™

Much Ado About Critical Race Theory, Matthew Patrick Shaw

Vanderbilt Law School Faculty Publications

This Article offers novel observation and critical intervention in the challenge to state laws which have been adopted, allegedly, to prevent the teaching of critical race theory

(CRT) in public schools. Against the trend of recent scholarship that understands these laws as curricular censorship of topical subjects and seeks to contest their validity on those grounds, this Article more accurately identifies them as pedagogical censorship: Limits on teaching methods, which raise different, potentially more dispositive questions about the states’ educational decision-making authority—questions that the U.S. Supreme Court has long sought to avoid. But exposing these so-called “anti-CRT” laws as neither …

Dual-Class Contracting--A Response To Roberto Tallarita, Brian Broughman

Vanderbilt Law School Faculty Publications

Roberto Tallarita's Dual-Class Contracting confronts a question that scholars and policymakers have largely overlooked: once a firm opts out of "one-share, one-vote," how does it determine the degree and duration of voting inequality? This is not a binary choice between single- and dual-class structures, but a continuum with infinitely many possible configurations. To investigate this question, Tallarita assembled a dataset of 293 corporate charters from dual-class IPOs completed between 1996 and 2022. Despite the wide lati- tude finms have to tailor these arrangements, he finds that most converge on strikingly similar terms-granting holders of high-vote stock majority control with just …

Ethical Sourcing In The Context Of Health Data Supply Chain Management: A Value Sensitive Design Approach, Camille Nebeker Edd, Ms, Ellen Wright Clayton, Et Al.

Vanderbilt Law School Faculty Publications

Abstract

Objective

The Bridge2AI program is establishing rules of practice for creating ethically sourced health data repositories to support the effective use of ML/AI in biomedical and behavioral research. Given the initially undefined nature of ethically sourced data, this work concurrently developed definitions and guidelines alongside repository creation, grounded in a practical, operational framework.

Materials and Methods

A Value Sensitive Design (VSD) approach was used to explore ethical tensions across stages of health data repository development. The conceptual investigation drew from supply chain management (SCM) processes to (1) identify actors who would interact with or be affected by the data …

Domestic Stability And International Trade Order, Sannoy Das

Vanderbilt Law School Faculty Publications

This Article challenges the theoretical frameworks through which we have so far apprehended the crisis of the liberal international trade and economic order, precipitated by relentless unilateral action--whether tariffs or industrial policy--especally in the United States. It argues that the conventional concerns about unilateralism overlook the ways in which unilateraism has been--and can be-- a foundation for international order rather than its antithesis. Our contemporary difficulty is that we typically understand unilateral action as a breach of an international norm. This way of thinking follows from nineteenth-century liberal internationalism. But a deeper tradition in the law of nations shows that …

How Can Policy Balance The Goals Of Transition Acceleration And Justice? Permitting Reform, Large-Scale Renewable Energy, And Host Communities In The United States, J. B. Ruhl, David J. Hess

Vanderbilt Law School Faculty Publications

Implementing energy-transition policies requires building new infrastructure, but the result is often opposition from host communities and associated actors. An important research and policy problem emerges over how to balance two goals that can be in tension: rapidly implementing energy-transition policies and addressing the needs and concerns of local communities, including diverse justice-related issues. This study adopts the perspective that the analysis of this problem benefits from opening the black box of permitting policy reform. The research contributes to the literature on siting conflicts by shifting the focus from explaining conflicts or suggesting targeted policy reforms such as improved engagement …

University Of Baltimore Law Forum, Volume 56, Issue 1 (Fall 2025)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Davis V. State, Morgan Love

University of Baltimore Law Forum

No abstract provided.

A Review Of The 2024/25 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the 11th annual review of Singapore’s performance in international moot court competitions. In a nutshell, 2024/25 has been a tremendous, record-breaking season for Singapore – and a particular duck has finally been broken. In the highest-tier or Grand Slam competitions, Singapore Management University emerged world champions in the Jessup, Vis East, International Criminal Court, and Frankfurt competitions; the previous world record for most Grand Slam wins in a season was 2 (held by various universities), and this new record may well increase to 5, depending on whether SMU can successfully defend its world championship at the Lachs Space …

How The Billable Hour Can Survive Generative Ai, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The legal profession is rapidly adopting generative AI technology. With this shift has come an increasingly common assumption that generative AI will significantly reduce or even bring an end to hourly billing. The logic underlying this conclusion seems intuitive: if AI reduces the time lawyers spend on certain tasks while eliminating others altogether, then the total number of billable hours will fall. That decline, in turn, could threaten the financial viability of hourly billing, despite its place as the dominant law firm compensation model over the past half century.

This Article challenges this assumption. It argues instead that the billable …

Attribution As Architecture In The Digital Age, Laura A. Heymann

Faculty Publications

As technology changes, one thing remains constant: human creators seem to care about attribution, whether as creators or as audience members. Current U.S. law lacks the means for many creators to effectively address attributional interests, and experience has shown that top-down, imposed technological solutions can fail to gain the necessary buy-in and adoption. The best approach, examples suggest, is for platforms to think of attribution as part of the architecture of their systems, but to take their cues from user-developed, individualized solutions, which will not only be more responsive to user interests but also allow adaptation as interests change and …

Relief And Its Costs: The Need For A Congressional Response To The Aftermath Of Harrington V. Purdue Pharma, Emma Skeen

William & Mary Law Review

This Note explores the fallout of the Harrington v. Purdue Pharma decision and the uncertainty it lends to the future of bankruptcy plans and third-party releases. Specifically, it proposes potential congressional solutions that can pave a path forward for parties to seek relief for the harms they have suffered under the actions of corporations and their leaders. Part I provides background information on the use of nonconsensual third-party releases in bankruptcy cases and their controversial nature. Part II analyzes the Supreme Court’s settling of that controversy in Harrington and the bases that it relied on in doing so. Part III …

Domestic Military Deployments After Trump V. United States, Chris Mirasola

William & Mary Law Review

The current legal regime governing domestic military deployments was, largely, born of the Civil War. While conflict was ongoing, Congress enacted what are now a pair of statutes criminalizing military interference with federal elections. And as a coda to Reconstruction, Congress criminalized using the military as a civilian law enforcement force. Over the past 160 years, successive Congresses and Presidents have steadily chipped away at these crucial criminal-law protections. In 2024, the Supreme Court’s decision in Trump v. United States further undermined the limitations that remained.

In Trump, the Supreme Court held that Presidents enjoy, at minimum, a presumption …

Metaphysical Quandary Of Synthetic Media Transparency, Darrell G. Mottley

Vanderbilt Journal of Entertainment & Technology Law

Artificial intelligence (AI) is reshaping our view of reality. The interaction between human creativity and generative AI presents both opportunities and challenges concerning free speech and innovation. AI’s transformative impact on perceptions of innovation complicates discussions surrounding creativity and societal expectations. A human-centric perspective in the debate over government-mandated transparency for AI-generated creative works reveals a notable conflict. This conflict arises from the need to balance the protection of human creativity with an apparent obligation to provide information about the human or nonhuman origins of creative works. As society increasingly relies on AI technologies to produce art, literature, and other …

Minors Or Miners? Analyzing Compensation Of User-Generated Content Under The Fair Labor Standards Act, J. Clayton Eaton

Vanderbilt Journal of Entertainment & Technology Law

Roblox is an online platform where users, many of whom are under the age of eighteen, create games, virtual experiences, and digital assets that generate significant revenue for Roblox Corporation, the owner of Roblox. These young content creators are compensated primarily through platform-specific virtual currency, which can be difficult to convert into real-world money due to the high thresholds for conversion and the unfavorable exchange rates. Even though these systems resemble labor relationships, existing legal frameworks and government actions do little to address the creators’ rights to fair compensation. This regulatory gap has allowed platforms like Roblox to operate under …

The Public Health Cost Of Online Behavioral Targeting, Arthi Annadurai

Vanderbilt Journal of Entertainment & Technology Law

Behavioral targeting is an increasingly popular marketing technique that utilizes users’ online activity to personalize advertisements aimed at consumers. However, since personalized advertisements aim to influence individual consumers, behavioral targeting can negatively impact vulnerable users. For instance, it may reinforce harmful behaviors—like showing alcohol advertisements to individuals with alcohol dependency—or worsen mental health struggles, such as prolonging grief by continuing to serve parenting advertisements to those mourning the loss of a child. These practices can perpetuate harmful behaviors, such as relapse or heightened psychological distress, and contribute to long-term health problems, such as addiction or other mental health problems, creating …

Tort Law In A World Of Scarce Compensatory Resources, Mark A. Geistfeld

Michigan Law Review

Large corporations facing extensive tort liabilities have often gone into bankruptcy, forcing tort plaintiffs to accept pennies on the dollar as compensation for their injuries. Bankruptcy painfully illustrates the social fact that the compensatory properties of tort law depend on the availability of compensatory resources. Although this feature of tort law is self-evident, no one has adequately analyzed whether it matters for substantive tort doctrine, and if so, how.

Wealth would seem to be substantively irrelevant given the rule that excludes evidence concerning the defendant’s financial resources when determining breach or compensatory damages. The antecedent tort duty, however, depends on …

“Contains: Gluten” And “Gluten Free”; Fda, It’S A No-Grainer!, Elizabeth Bulat

Cardozo Law Review

Reading food, drug, and cosmetic labels is a frequent practice for all individuals with allergies. However, unlike those who are allergic to peanuts, dairy, or another major food allergen, individuals with celiac disease (“celiac consumers”) are not offered a bold, capitalized statement clearly identifying the allergen they seek to avoid. Instead, celiac consumers are tasked with studying a list of ingredients and relying on their own ability to catch any sources of gluten. This Note considers the authority provided by Congress to the Federal Food and Drug Administration (FDA) to remedy this rash regime. Then, this Note proposes that the …

Innovation Interrupted: Legal And Institutional Risks Of Undermining Public-Private Partnerships, Jennifer S. Fan, Xuan-Thao Nguyen

Articles

Part I traces the development of the Bayh–Dole Act and discusses public–private partnership collaboration. Part II focuses on intellectual property generation by universities, illustrating the benefits of public– private partnership. Then Part III highlights the Trump administration’s federal funding cuts to universities that jeopardize the established public–private partnerships. Finally, Part IV details the consequences of how federal funding cuts impact the venture capital sector and the legal architecture of innovation, eroding the United States’ standing in the innovation race.

News You Need: How Many Of These Ada/Mda Practice Resources Are You Using?

The Journal of the Michigan Dental Association

This October, MDA offers updates and resources including support for human resources, ongoing education, and professional tools. Michigan was selected for the Medicaid Oral Health Workforce Implementation Learning Series to enhance access to care. The MDA launched HERM-E, an AI-powered digital assistant providing 24/7 access to resources and quick answers. Supporting chairside advocacy for community water fluoridation, the News reports that a national survey indicates 81% of Americans support or are neutral about water fluoridation. Applications are now open for the 2026 MDA LEAD Program, and nominations are being accepted for MDA awards and leadership positions. The News column further …

J Mich Dent Assoc October 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 ADACommons. The October 2025 (Volume 107, No. 10) issue of the Journal is published in 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 October issue highlights the critical importance of advocacy through the MDA Dental Political Action Committee (PAC) and provides practical, management-focused information …

Dentistry And The Law: Sponsoring A Foreign National To Work As A Dentist, Kate Mccarroll Jd

The Journal of the Michigan Dental Association

To employ a foreign national as a dentist in the U.S., a valid immigration status that permits employment is necessary, usually requiring employer sponsorship. The H-1B visa is the most common option, and requires the individual to hold a bachelor's degree and a state license for patient care. H-1Bs are limited in number, with far more applicants than available visas, and selections are made through a random electronic lottery every March. Exceptions to the cap exist for foreign nationals changing employers and those sponsored by cap-exempt institutions, such as universities, allowing private practices to “borrow” this status. For Canadian or …

Mda Dental Pac: Why It’S So Important To You, James Mashni Dds

The Journal of the Michigan Dental Association

The MDA Dental PAC (Political Action Committee) supports the Michigan Dental Association’s (MDA) lobbying efforts on state legislation. It is funded entirely by voluntary contributions from MDA member dentists, mainly collected through a notice included in the annual dues statement. The PAC pools these funds to support political officials who advocate for issues important to organized dentistry, regardless of political party. Key advocacy priorities for 2025 include establishing Dental Loss Ratio laws, legislating Assignment of Benefits, regulating Virtual Credit Card Payments, addressing fees for Non-Covered Services, and increasing Medicaid Anesthesia Reimbursement. The PAC is managed by a Board of Governors …

Out From The Shadows: Party Documents In Chinese Courts, Benjamin L. Liebman, Eva Gao, Xiaohan Wu, Rachel E. Stern, Margaret Roberts

Faculty Scholarship

The Communist Party’s influence over the Chinese legal system is generally assumed to be behind the scenes, largely invisible to outside observers. Since General Secretary Xi Jinping came to power in 2012, there has been renewed attention within and outside of China to the relationship between the Communist Party and the legal system. Much of this recent writing has emphasized the degree to which Xi’s efforts to affirm Party superiority and break down barriers between the Party and the State reflects a profound shift in governance and a reversal of a decades-long effort to distinguish between Party roles and those …

Redefining Law In China, Zeming Liu, Benjamin L. Liebman

Faculty Scholarship

Although there is a growing body of literature on the role of law under authoritarian regimes, scholars have paid little attention to authoritarian legal ideology or conceptions of legality in contemporary authoritarian states. This Article presents the first in-depth study of the Chinese Communist Party’s recent novel attempt to introduce and implement an official legal ideology under the banner of “Xi Jinping’s Thought on the Rule of Law,” one which aims both to create a definitive theory of law and to offer a guide to China’s legal development. We examine four principal components of this legal ideology: the theoretical definition …

Taxes And Tournaments, Alex Raskolnikov

Faculty Scholarship

What is the best way to reduce economic inequality? Economists, lawyers, political philosophers, and politicians have pondered this question for decades. Yet there is another group of savvy and highly motivated individuals who have been thinking about redistribution for just as long. Commissioners of the National Football League, the National Basketball Association, the National Hockey League, and Major League Baseball, together with team owners and player unions, have been inventing and reinventing ways to redistribute resources, and they continue to do so today. The same is true of the President of National Collegiate Athletic Association, along with the heads of …

The Trump Administration Reverses U.S. Position On Unrwa Immunities, Lori Fisler Damrosch

Faculty Scholarship

On April 24, 2025, the U.S. Department of Justice submitted a letter in a civil lawsuit that maintains for the first time that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is not immune from U.S. civil litigation. The letter reverses the position taken by the previous administration in the same lawsuitFootnote 2 and alters nearly eight decades of U.S. practice concerning the immunities of UN entities that are considered subsidiary organs of UN principal organs and thus part of the United Nations itself. Heretofore, the government stated that such organs are entitled …

Sullivan. V. Baker Ranches, Inc., 141 Nev. Adv. Op. 36 (2025), Andre Anaya

Nevada Supreme Court Summaries

No abstract provided.

Wellness Newsletter (Wellness Connection) October 2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Enforcement, Reproductive Health Information, And The Hipaa Privacy Rule, Stacey A. Tovino

Faculty Articles

On April 26, 2024, the federal Department of Health and Human Services (HHS) promulgated a final rule (Final Rule) amending the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The Final Rule prohibits HIPAA covered entities and business associates from using and disclosing protected health information (PHI) to conduct criminal, civil, or administrative investigations into an individual for the mere act of seeking, obtaining, providing, or facilitating lawful reproductive health care. The Final Rule also prohibits HIPAA covered entities and business associates from using and disclosing PHI to impose criminal, civil, and administrative liability on any individual, or to …

Governance In The Absence Of Government, Tracy Hresko Pearl

Faculty Articles

Artificial intelligence (AI) is advancing at an unprecedented pace, with generative systems exerting growing influence over social, economic, and political life. While Al offers opportunities for innovation and efficiency, it also poses risks ranging from misinformation and job displacement to existential threats if highly autonomous systems evade human control. Across industry, government, and civil society, there is broad consensus that Al requires oversight.

Yet traditional U.S. regulatory approaches face six significant barriers: (1) technology outpacing legislation, (2) limited Al expertise among policymakers, (3) regulatory capture, (4) political gridlock, (5) outdated governance structures, and (6) the inherent complexity of Al. Combined …