Law and Society Commons^™

Vol. 68, No. 13 (April 14, 2025)

Indiana Law Annotated

No abstract provided.

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

The Renaissance Of Private Law, Yotam Kaplan, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

Crisis is the new normal. Between global warming, the opioid pandemic, bursts of gun violence, and political instability fueled by fake news, it is hard to remember a time when we were not facing a major catastrophe. Still more troubling, there is a growing sense that our political and regulatory institutions are faltering in their ability to offer effective responses to the incoming crises. The rapid pace at which new problems emerge—together with growing political polarization—stymies regulatory and legislative action, resulting in an inability to address contemporary challenges.

Against this gloomy background, we posit an unlikely hero: private law. Recent …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Northwestern University Law Review

To reduce inflation, the Federal Reserve (Fed) raises interest rates. But every month with high interest rates increases the risk of a devastating recession. Recessions impose not only short-term pain in the form of widespread unemployment but also lifelong harm for many, as vulnerable workers and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the consequent sacrifices. We call this inflation-fighting paradigm “monetary primacy.” Despite its great risks, monetary primacy has …

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Preclusive Jurisdictional Dismissals, Kevin Song

Northwestern University Law Review

Every litigant deserves their day in court. At the same time, litigants cannot endlessly go to court on the same matter. A complex body of preclusion law balances these fundamental tenets by examining when adjudication of a matter precludes subsequent relitigation. This body of law has evolved over time to preserve the day-in-court ideal in a way that is sensitive to the threats that relitigation present to judicial efficiency, fair adjudication, and repose. Modern preclusion law has settled on a pragmatic approach: where a court has issued a final judgment on the merits but erroneously assumed jurisdiction, relitigation may still …

2025 Academy Of Law Alumni Fellows Induction Ceremony Program, Maurer School Of Law - Indiana University

Academy of Law Alumni Fellows

The Academy of Law Alumni Fellows was established in 1985 to recognize alumni whose careers are defined by exceptional personal achievement and dedication to the highest standards of the profession.

Academy Fellows are part of an elite group that includes US senators, federal judges, successful business leaders, and distinguished practitioners. A committee of anonymous alumni selects each year’s Fellows from among many deserving candidates. To be named an Academy of Law Alumni Fellow is to receive the very highest honor that the Maurer School of Law can bestow.

This year, we are honored to recognize four alumni whose remarkable contributions …

Changemakers: Curtis R. Pouliot-Alvarez : Juris Doctorate : Zealous Advocacy = Justice For All 4-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Cardozo Announces The Judith And William Greenblatt Career Success Center With A $5m Commitment From Judith And William Greenblatt ’82, P’14, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Benjamin N. Cardozo School of Law announced the creation of the Judith and William Greenblatt Career Success Center, supported by a $5 million gift from Judith and William Greenblatt ’82, P’14. This transformative contribution, among the largest in Cardozo’s history, expands the Office of Career Services and supports the Rise Up for Cardozo campaign. The gift honors the school’s upcoming 50th anniversary and has already contributed to a record 97.4% employment rate for the Class of 2024. The new center, officially launching this month, will provide enhanced career counseling and long-term support for student success.

Kathryn O. Greenberg Immigration Justice Clinic Wins Victory For Client Under Convention Against Torture, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo Law News Archive

The Kathryn O. Greenberg Immigration Justice Clinic at Cardozo School of Law secured a major win for a client facing deportation. Under the supervision of Clinical Teaching Fellow Ellie Norton, students Vasundhra Navjeevan ’25 and Anais Rosenblatt ’25 successfully argued that their client qualified for protection under the Convention Against Torture, preventing his return to a country where he risked severe harm. The students dedicated months of research and advocacy, producing a 50-page brief and representing their client in court, resulting in a decision that adopted many of their arguments.

Dean Leslie Appoints Five New Faculty Members, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo Law proudly welcomes five new members of its strong and growing faculty. Professor of Law James (Jamie) Macleod, Associate Professor of Law Aneil Kovvali, Associate Clinical Professor of Law Prianka Nair, and Assistant Professors of Law Jared Mayer and Britta Redwood will officially join the Cardozo faculty this summer.

Cardozo Dispute Resolution Competition Honor Society Team Earns Top Honors At Cpr’S 2025 International Mediation Competition, Cardozo Dispute Resolution Competition Honor Society

Cardozo Law News Archive

The Cardozo Dispute Resolution Competition Honor Society (CDRCHS) Team competed at this year's CPR International Mediation Competition April 3-5 in São Paulo, Brazil.

Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee

St. Mary's Journal on Legal Malpractice & Ethics

Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.

This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …

Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Don’T Byte Off More Than You Can Chew: Ethical Considerations For The Estate Planner In The World Of Generative Artificial Intelligence, Gerry W. Beyer

St. Mary's Journal on Legal Malpractice & Ethics

Artificial intelligence (AI) is rapidly being incorporated into estate planning practices. AI products can increase the speed by which you prepare, review, and summarize estate planning related documents, tax returns, and client communications. Likewise, the speed by which you can conduct legal and financial research is faster than ever. This presentation is designed to explain how AI operates, the potential use of AI in your practice, warnings about the use of AI, techniques you may adapt to enhance your AI competency, and how to address the ethical issues that arise when using AI.

When Can A Lawyer Lawfully Use Threats When Negotiating?, James M. Fischer

St. Mary's Journal on Legal Malpractice & Ethics

This Article focuses upon a basic negotiation device—a threat, used in a particular context—threats contained in settlement demand letters. In some, but not all, cases, however, the threat may be deemed a crime (extortion), in which case, the lawyer may be subject to sanction (criminal or civil liability, professional discipline) for making the threat. This consequence has, however, been largely ignored in academic literature. That is unfortunate, for it appears that many lawyers are unaware of the risks negotiation threats present because the risk is not well defined in the professional codes lawyers would normally look to for guidance.

This …

Sighting The Scope Of A Lawyer’S Representation, Douglas R. Richmond

St. Mary's Journal on Legal Malpractice & Ethics

Clients engage lawyers for many reasons. Regardless of the circumstances, however, the lawyer and the client need to agree on the scope of the lawyer’s representation, meaning the legal services the lawyer will perform for the client. The client must agree to and understand the scope of the lawyer’s representation as aspects of establishing her objectives for the matter and thereafter evaluating whether the lawyer is achieving those objectives. The client must also understand the scope of the representation to be able to decide whether the matter’s potential expense justifies its pursuit and to gauge the reasonableness of the lawyer’s …

Integrating Doctrine & Diversity Speaker Series: Executive Power In The Classroom: Addressing Project 2025 And Executive Orders In The Law School Curriculum 04-09-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Media Access And The First Amendment's Romantic Tradition, Merle W. Loper

Maine Law Review

Jerome Barron must be regarded as the legal profession's leading advocate of a legally enforceable public right of access to use the communication media-both printed and electronic. This book, above all, is an advocacy of that right and a survey of the need for public access. Professor Barron further discusses certain problems that an access right might raise-such as the allocation of access time and the regulation of offensiveness in broadcasting-and explores various aspects of these problems. As advocacy, the book is much more persuasive of the need for access to the contemporary media than it is of the prospects …

Vol. 68, No. 12 (April 7, 2025)

Indiana Law Annotated

No abstract provided.

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …

It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico

Bridges: An Undergraduate Journal of Contemporary Connections

Despite Canada’s reputation for being a leader in human rights, its treatment of prisoners requires a closer examination. In particular, prisoner and human rights advocates have widely criticized the use of solitary confinement in Canadian federal and provincial prisons as a form of torture. Solitary confinement imposes excruciating and demeaning conditions on prisoners, jeopardizing their mental and physical welfare. Following court decisions deeming solitary confinement unconstitutional, the federal government replaced the formal use of solitary confinement with structured intervention units. However, these units continue to be a reformulated version of the original practice, sustaining the torturous conditions subjected to inmates. …

Champions For Justice 2025 03-27-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Changemakers: Tracy Harper: Juris Doctorate: A Pioneer In The Provision Of Immigration Legal Services 03-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson

Legal Writing Competition Winners

Do law schools foster a culture of kindness? This essay argues that law schools’ policies do not adequately address non-academic misconduct, resulting in university policies that fail to promote good moral character. This argument is supported by analyzing a sample of law school student conduct and honor codes, examining anecdotal evidence of law school experiences, and looking at American Bar Association (ABA) regulations. This essay concludes that current honor codes are inconsistent and insufficient and provides suggestions to improve the Model Rules of Professional Conduct, add a Standard for ABA law school regulation, and institute honor codes regarding non-academic misconduct.

Magna Carta And The Origins Of Legislative Power, Matthew Steilen

Buffalo Law Review

No abstract provided.

Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi

West Virginia Law Review

In Law Within Congress, Jonathan Gould suggested that rulings of the House or Senate chair under the advice of their respective parliamentarians might inform statutory interpretation. This Article fleshes out the theoretical foundations of that approach. While such approach is much narrower than the broad reliance on Congress’s rules by other theorists of the “process-based” school, it also comes with strong theoretical justifications and advantages that set it apart. Part I illustrates the broad appeal of “process-based” theories by showing that even textualists have strong theoretical reasons to endorse them. Part II then surveys the theoretical advantages specific to the …