Law Commons^™

The Collision Course Between Outdated State Laws And Automated Vehicles, William Hubbard, Colin Starger

Articles

America stands at the precipice of a vehicular revolution. Myriads of self-driving vehicles—often referred to as “automated vehicles” or “AVs”—are already rolling out across the nation, and innovators assert that AVs will make our roads safer, less congested, and more economically productive. However, reaching these dreams of self-driving utopias will require more than just technological progress. The uses of traditional vehicles are heavily regulated by hundreds of thousands of state laws that ensure public safety, health, and order. Will these traditional laws still make sense when AVs shift the paradigm? Despite the hype and optimism of many AV advocates, this …

Teaching Strategies For Building Belonging And Creating Community In Online And In-Person Legal Education, Sara J. Berman, Barrett L. Schreiner

St. Mary's Law Journal

No abstract provided.

The New Framework For Directors’ Duty To Creditors And The Challenges Ahead – Foo Kian Beng V Op3 International Pte Ltd (In Liquidation) [2024] 1 Slr 361, Jonathan Ren Hao Cheong

Singapore Law Journal (Lexicon)

In Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] 1 SLR 361, the Singapore Court of Appeal introduced a two-step, three-category framework for evaluating whether a director has breached his fiduciary duty to consider the interests of creditors. This decision not only affirms the traditional understanding of the duty in other common law jurisdictions but also provides directors with clearer guidance on managing the affairs of the company in times of financial distress. This article builds upon the discussion in Foo Kian Beng by evaluating the new framework established by the SGCA. It also identifies potential challenges …

The Wellness Connection September 2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Privately Provided Equitable Services Root Out Unconstitutional “Secular, Neutral, And Nonideological” Restrictions From Education Law, Nicole Stelle Garnett, Sean Tehan

Books

Manhattan Institute Issue Brief

Responsible By Design: Strategic Guidance Report On The Risks, Opportunities, And Governance Of Artificial Intelligence In The Military Domain, The Global Commission On Responsible Artificial Intelligence In The Military Domain, Mary Ellen O'Connell

Books

The Strategic Guidance Report reflects the independent judgement and deliberations of the Chair and Commissioners of GC REAIM. While the Commissioners have drawn on the valuable insights of the GC REAIM Expert Advisory Group, whose contributions, including authored policy notes, have informed aspects of this report, the responsibility for the views, recommendations, and conclusions expressed herein rests solely with the Chair and Commissioners, and does not necessarily reflect the views of the Experts or their respective organizations. The Global Commission acknowledges with appreciation the essential role of the Expert Advisory Group in supporting rigorous, multidisciplinary dialogue throughout the process.

CHAIR: …

Sustaining Inclusion During Challenging Times: Reflections From The 2025 Aall Annual Meeting, Ariel Newman, Laura Dixon-Caldwell

Faculty Works

Reflections of two law librarians after attending the 2025 Annual Meeting of the American Association of Law Libraries (AALL).

The Duty Of Police To Intervene: An Argument For Limits, John E. B. Myers

Hofstra Law Review

Police have a duty to intervene to stop fellow officers from using excessive force. Most commentators favor expanding this duty. This Article pushes back and argues the duty to intervene should be cabined.

"Ai" (Artificial Intelligence) Evidence: Rather Than Struggling To Decide Whether To Classify A Methodology As "Ai" And Relying On A Generalization About Ai Evidence, The Court Should Inquire Whether The Expert's Methodology Possesses A Specific Characteristic That Is Problematic In An Evidentiary Sense, Edward J. Imwinkelried

Hofstra Law Review

No abstract provided.

Article Xx And The Competition Problem: How The Justice Department Could Revive The Labor Movement By Suing The Afl-Cio, Alexander Macdonald

Hofstra Law Review

No abstract provided.

Balancing Acts: Student Rights, Parental Authority, And State Interests In Modern Sex Education, Linda S. Anderson

Marquette Benefits and Social Welfare Law Review

The article explores the complex interplay between parental rights, state authority, and student interests in the context of sex education in American public schools. It highlights the ongoing tension between abstinence-only and comprehensive sex education approaches, emphasizing the need for a student-centric framework that balances the rights and responsibilities of all stakeholders. The current legal landscape is examined through historical development, seminal court decisions, and recent legislative trends. Empirical evidence is presented to demonstrate the effectiveness of comprehensive sex education in promoting public health and supporting adolescents' development. The article advocates for a framework that incorporates student autonomy, age-appropriate content, …

Legislating Loss: Bereavement And State Level Statutes Across The 50 United States, Julio Montanez

Marquette Benefits and Social Welfare Law Review

Bereavement is an effectively inescapable experience. As such, many interventions (e.g., counseling) exist to support adaptation to life without a loved one. There are also legal interventions—such as laws—that carve out space, time, and resources for dealing with bereavement. Using an approach that blends three methodological techniques (i.e., evidence synthesis, policy surveillance, and grounded theory method), the current study explores the characteristics of bereavement statutes across the United States. Several thematic categories were constructed through exhaustive engagement with the qualitative statutory data: Health (e.g., Hospice), Responding (i.e., First Responding and Final Responding), Work Leave, Education, Observance/Commemoration, Government, and Miscellaneous. The …

Front Matter

Hofstra Law Review

No abstract provided.

Racing To The Courthouse: The Demise Of Race-Conscious, Private Sector Dei In The Wake Of Fearless Fund And Awakening Of Trump-Era Executive Action, Ava Rose Anacreonte

Hofstra Law Review

This article examines the current challenges and legal controversies surrounding race-conscious Diversity, Equity, and Inclusion (DEI) initiatives in the private sector, focusing on the 2024 Eleventh Circuit ruling in* American Alliance for Equal Rights v. Fearless Fund Management, LLC*(“Fearless Fund”) and the impact of Trump-era executive orders targeting DEI programs. It distinguishes DEI from affirmative action, outlines the evolving legal landscape involving Title VII of the Civil Rights Act and Section 1981 of the Civil Rights Act of 1870, and analyzes how recent judicial decisions and executive actions have emboldened litigation against DEI efforts, often framed as “reverse discrimination.” The …

Minor League Baseball Players' Ascendance From "Seasonal Apprentices" To Full-Time Baseball Players, Garrett Q. Mcguinness

Hofstra Law Review

This article focuses on the historic ratification and ongoing challenges of the first Collective Bargaining Agreement (CBA) for Minor League Baseball (MiLB) players, signed in 2023, over fifty years after Major League Baseball (MLB) players first secured a CBA. It outlines the long-standing disparities between MiLB and MLB players, including delayed unionization, inadequate salaries, poor housing, limited health benefits, and restricted player mobility under the reserve clause. The article highlights key events leading to the CBA, such as the Senne lawsuit addressing wage violations and the controversial Save America’s Pastime Act, which exempted MiLB players from minimum wage laws. While …

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Masthead

University of the Pacific Law Review

No abstract provided.

From The Intermediate Impossible To Core Democratic Check: The Future Of The Right To Counsel For Crime Victims, Margaret Garvin

University of the Pacific Law Review

No abstract provided.

Race, Class, And The Victims’ Rights Movement, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

Crypto Regulation In The Time Of Trump, Lawrence J. Trautman

Michigan Technology Law Review

Donald Trump’s election as president during November 2024 results in perhaps the most dramatic philosophical change in approach to governmental regulation in over ninety years. The Great Depression of the 1930s created a need for regulatory reform and resulted in the advent of such new regulatory frameworks as the U.S. Securities and Exchange Commission (SEC). It has been the purpose of the SEC to create and nurture efficient securities markets enabling vibrant capital formation while preventing fraud upon the investing public. At issue is the contrast between the regulatory regime in place since 1933-34 and the Trump Administration’s desire to …

Remedies For Non-Disclosure In Asset Sales: Voidance Vs. Damages, Albert H. Choi, Kathryn E. Spier

Law & Economics Working Papers

This paper analyzes the problems of non-disclosure in the context of an asset sale between a buyer and a seller. The seller can have important information about the asset and can opportunistically decide not to disclose that information to the buyer, and the buyer may sue the seller ex post for remedy. The buyer and the court have a choice over different types of remedy. The paper considers three different remedy regimes: (1) no liability; (2) voidance; and (3) damages. Under voidance, the buyer can rescind the transaction (return the asset and get the price back), while with damages, the …

The Role Of Implicit Bias In Police Citizen Interactions - A Historical Review And Policy Recommendations, Catherine Anne Liedman, Ziwei Qi

International Journal of Undergraduate Research and Creative Activities

Abstract

This paper examines the impact of implicit bias on police-citizen interactions, contributing to racial disparities in stops, arrests, and the use of force. While explicit racism has declined since the Civil Rights Era, unconscious stereotypes continue to influence law enforcement decisions. Research highlights that Black individuals experience higher rates of police encounters and fatal force compared to White individuals, a pattern not fully explained by crime rates but rather by systemic and historical biases within policing institutions. Efforts to address implicit bias, such as diversity training, have shown limited long-term effectiveness. Instead, meaningful reform requires structural changes, including improved …

Fichte’S Conception Of Law And Its Foundations, Mahmoud Saraya

Theses and Dissertations

The question concerning the true nature of law has frequently arisen throughout the history of philosophy, and many different answers have been given to it. This thesis examines Johann Gottlieb Fichte’s Foundations of Natural Right (1796–1797), which exemplifies an approach to understanding the nature of law by inquiring into its metaphysical foundations. Fichte provides a conception of law founded upon the possibility of the existence of an external world, individuality, and intersubjectivity. Law, as a moment of human self-consciousness, becomes a necessity, a condition of self-consciousness, and the ultimate foundation of human existence. Fichte’s theory shows the preconditions for establishing …

Bill Addressing Pope's Tax Issues As A U.S. Citizen Misses The Mark, Michael S. Kirsch

Journal Articles

From the Article

In this article, Kirsch looks at the language of the Holy Sovereignty Protection Act to consider whether it addresses and resolves various tax-related issues that arise from a U.S. citizen serving as pontiff, including income tax liability, the loss of a pontiff’s U.S. citizenship status, and the pope’s obligations for foreign bank account reporting.

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …

The Normalization Of Sexual Exploitation, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The “Founder’S Gaze”: How The Fourth Amendment Is A Surveillance Technology That Enables Ai To Scale Control Over The Subaltern, Diego H. Alcalá Laboy

Michigan Journal of Race and Law

Much has been written about the rise of artificial intelligence and machine learning applications and how the current Fourth Amendment law has been unable to mitigate the privacy harm that these tools produce. This article explores how the development and usage of AI and machine learning models is dependent on the originalism principles of Fourth Amendment Law. Utilizing Critical Surveillance Studies and Anticolonial Theory, I posit that the Fourth Amendment is a surveillance technology that categorizes conduct, persons, and places to impose the material conditions for the subjugation of historically minoritized communities within the United States. Furthermore, this article explores …

Proposed Cloud Services Sourcing Rule: The Right Direction, Reuven Avi-Yonah, Jeffery M. Kadet, Karen Sam

Articles

This past January, in conjunction with the issuance of a final regulation (T.D. 10022) that treats income from defined cloud transactions as income from services, Treasury and the IRS released a proposed regulation (REG-107420-24) on the sourcing of that income. In 2019 a Treasury official had asked the tax community for feedback on whether specific cloud transaction sourcing rules were needed, and the preamble to a 2019 proposed regulation asked for comments on “administrable rules for sourcing income from cloud transactions in a manner consistent with sections 861 through 865.” The feedback was “split almost evenly with regard to whether …

Editorial Foreword Ijsls Volume 4 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition features a variety of articles on legal issues and policies, and their implementation. These articles enrich interdisciplinary legal studies. Topics covered include inheritance governance in Malaysia, the institutionalised mediation of family legal matters in Bangladesh, the strategies employed by female heads of households in Indonesia to survive through self-organisation, the collapse of democracy in Indonesia after 38 years of reform, and the country's role as a transit point or destination for refugees and the problems this poses.

The Shadow Of Legal Pluralism In Indonesian Islamic Courts: Child And Spousal Maintenance, Stijn Cornelis Van Huis

The Indonesian Journal of Socio-Legal Studies

This paper is inspired by Franz von Benda-Beckmann’s notion of “bargaining in the shadow of legal pluralism” and applies this notion to spousal and child maintenance negotiations that take place between judges, husbands and wives within divorce processes at Indonesian Islamic courts. I will argue that in the context of Muslim family law practice in Indonesia, the legal plural situation does not only influence out-of-court negotiations, but formal legal processes within the Islamic courts as well. It follows Keebet von Benda-Beckmann’s example in analyzing the legal plural dynamics of women’s claiming process comprehensively, by investigating the interconnectedness of the pre-trial, …