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2025

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Full-Text Articles in Judges

The Paradox Of Continuing Risk, W. Jonathan Cardi, Ashton Jenne, Chance Villarreal Jan 2025

The Paradox Of Continuing Risk, W. Jonathan Cardi, Ashton Jenne, Chance Villarreal

American University Law Review

The continuing-risk rule is ubiquitously cited by Restatements, casebooks, and treatises as a core duty rule in negligence cases. Indeed, as this Article reveals, the rule has been “adopted”—in the sense that at least one court in a jurisdiction has applied the rule, and no court has rejected it—in thirty-one jurisdictions. In addition to the breadth of its adoption, the continuing-risk rule is also far-reaching: it imposes an affirmative duty to warn, protect, or rescue another from a risk if the defendant’s conduct contributed to the initial creation of that risk. Because most negligence cases involve risk-creating conduct by the …


Electing The Supreme Court, Dmitry Bam Jan 2025

Electing The Supreme Court, Dmitry Bam

FIU Law Review

There is a curious irony in how we select United States Supreme Court justices. According to basic constitutional theory, as well as the arguments made by many leading Framers at the time of the Founding, one of the Court’s primary roles is to serve as a check on the executive and legislative branches when they exceed the constitutional limits imposed by the American people. Yet, we ask those very branches to jointly select the justices responsible for enforcing these limits, leaving the American people with only an indirect (if any) role in the process. Not surprisingly, the justices nominated by …


Administrative Law: Major Questions About Presidentialism, Jodi L. Short Jan 2025

Administrative Law: Major Questions About Presidentialism, Jodi L. Short

The Judges' Book

No abstract provided.


Civil Procedure: The Culture Of Forum Shopping In Civil Litigation, Scott Dodson Jan 2025

Civil Procedure: The Culture Of Forum Shopping In Civil Litigation, Scott Dodson

The Judges' Book

No abstract provided.


Civil Procedure: Cy Pres In Federal Securities Class Actions, Scott Dodson Jan 2025

Civil Procedure: Cy Pres In Federal Securities Class Actions, Scott Dodson

The Judges' Book

No abstract provided.


Table Of Contents Jan 2025

Table Of Contents

The Judges' Book

No abstract provided.


Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman Jan 2025

Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman

The Judges' Book

No abstract provided.


Civil Procedure: When Does State Law Affect Federal Jurisdiction?, Scott Dodson Jan 2025

Civil Procedure: When Does State Law Affect Federal Jurisdiction?, Scott Dodson

The Judges' Book

No abstract provided.


Criminal Law: Felons, Firearms, And The “Federalization” Of Crime, Jonathan Abel Jan 2025

Criminal Law: Felons, Firearms, And The “Federalization” Of Crime, Jonathan Abel

The Judges' Book

No abstract provided.


Environmental Law: Sackett And The Rules Of Statutory Misinterpretation, Dave Owen Jan 2025

Environmental Law: Sackett And The Rules Of Statutory Misinterpretation, Dave Owen

The Judges' Book

No abstract provided.


Health Law: Internet Prescription, Federalism, And The Opioid Crisis, Benjamin A. Barsky Jan 2025

Health Law: Internet Prescription, Federalism, And The Opioid Crisis, Benjamin A. Barsky

The Judges' Book

No abstract provided.


Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow Jan 2025

Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow

Research Collection Yong Pung How School Of Law

Many know the story of modern Singapore in broad outline. When the country attained independence in 1965, it was not industrialised and fishing villages still dotted the landscape. By 1990, GDP per capita had risen to around US$13,000, far exceeding its neighbours and on par with Hong Kong and New Zealand. A further three decades on, Singapore today boasts gleaming skyscrapers, well-developed infrastructure and a high degree of trust by residents and investors alike in its government.


Intuitions In Tort Law And Theory, James A. Macleod Jan 2025

Intuitions In Tort Law And Theory, James A. Macleod

Articles

This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.


Notice Pleading’S Quiet Return, Alexander A. Reinert Jan 2025

Notice Pleading’S Quiet Return, Alexander A. Reinert

Articles

Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Together, Iqbal and Twombly marked a new approach to pleading in federal courts. No longer would courts apply the forgiving notice pleading standard, in force since the 1938 adoption of the Federal Rules of Civil Procedure. In its place, the Court introduced plausibility pleading, inviting district courts to apply their “judicial experience and common sense” to decide whether a claim was “plausible.” Commentators expressed alarm, predicting that the new standard …


Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii Jan 2025

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

Articles

The article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court's increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court's recent approach to precedent, particularly in cases like Dobbs v. Jackson Women's Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority's aggressive use of judicial power.


You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand Jan 2025

You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand

Scholarly Works

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images is not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the …


Constitutional Law: First Amendment Disequilibrium, Christina Koningisor Jan 2025

Constitutional Law: First Amendment Disequilibrium, Christina Koningisor

The Judges' Book

No abstract provided.


Immigration Law: Decisionmaking In U.S. Immigration Courts, Karen Musalo Jan 2025

Immigration Law: Decisionmaking In U.S. Immigration Courts, Karen Musalo

The Judges' Book

No abstract provided.


Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz Jan 2025

Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz

The Judges' Book

No abstract provided.


Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh Jan 2025

Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh

Theses and Dissertations

Problem: The shift from a focus on rehabilitation to the more punitive, “tough on crime” approach to illegal behavior in the U.S. has been enacted in no small way by policies connected to the use and abuse of drugs. The disparities between crack and powder cocaine—two chemically similar substances—have headlined this shift (Vagins and McCurdy 2006). However, research is scarce on laypeople’s approval of deterrence approaches for drug offenses, including as a function of types (e.g., powder vs. cocaine possession). This study examined people’s perceptions of prosecutorial decisions for drug offenders—whether they are punished, rehabilitated, or both—and whether people perceived …