Law and Society Commons^™

Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri

Articles

Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, Professor …

James Baldwin And What U.S. Governments Owe Every American, Randall K. Johnson

Faculty Works

This book review looks at the life, work and impact of James Baldwin, a famous writer and civil rights activist that was born one hundred (100) years ago. It does so, for one of the first times in the field of law, by examining Baldwin’s influence on the legal system. The book review carries out its work by identifying Baldwin’s impacts upon U.S. law: before, during and after his public service career. In the process, this book review describes how governments can build on Baldwin's writings and advocacy work.

Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry

SACAD: Scholarly Activities

The Rational Choice Theory is the view that individuals who commit crime behave in a rational way. This theory suggests that criminal behavior is not impulsive, but rather a result of a cost-benefit analysis evaluating the perceived rewards from the act against the potential punishment. It suggests that the criminal justice system can reduce crime by increasing the risks associated with criminal behavior. (Siegel, 101)

The Waiting Is The Hardest Part: The Constitutionality Of Firearm Waiting Periods, F. Lee Francis

Dickinson Law Review (2017-Present)

This Article examines the constitutionality of firearm waiting period laws through the lens of the Supreme Court’s evolving Second Amendment jurisprudence. Although such laws are frequently defended as prudent public safety measures, their validity turns not on legislative purpose but on constitutional principle, particularly as framed in District of Columbia v. Heller and New York State Rifle & Pistol Ass’n v. Bruen.

Under those decisions, the scope of the Second Amendment is determined not by judicial balancing of contemporary interests, but by reference to the Nation’s historical tradition of firearm regulation. The Article surveys that tradition and finds no …

Familial Fairness: Guaranteeing The Right To Counsel For Indigent Parents In Juvenile Dependency Proceedings, Jake Toth

Dickinson Law Review (2017-Present)

Fairness principles enumerated in the seminal case Gideon v. Wainwright stand for the proposition that fundamental fairness and due process require appointment of counsel for indigent litigants. However, this principle has been constrained to criminal contexts. Many other types of litigation are just as impactful as a criminal proceeding, including juvenile dependency proceedings. Nevertheless, indigent parents do not enjoy an unqualified representation right.

This Comment traces the history of the representation right and how it has been treated in a juvenile dependency context, beginning with Gideon itself and examining other cases such as Eldridge and Lassiter. It then examines …

Considering The Child’S Wishes—But How? Allowing Children To Speak In Their Custody Matters, Joshua Hanson

Dickinson Law Review (2017-Present)

In the United States, states universally may consider the child’s wishes when determining their custody placement. While their decision or preference is not binding for the judge, it allows the child meaningful participation in decisions that directly affect them. There are many ways courts can ensure a child’s voice is heard: through an interview with the judge, professional evaluations, child advocates, and even child-inclusive mediation. Yet state laws give judges broad discretion when determining how to weigh the child’s wishes.

This discretion will inevitably leave some children behind without having their voices heard. Allowing children meaningful participation in their custody …

Changemakers : Jeremey Love And Samantha Armstrong : Juris Doctorate : Defending Dreams In Challenging Times, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Legal Market Decartelization, Milan Markovic, Nuno Garoupa

Faculty Scholarship

American lawyers’ grip on the legal market is receding. Scholars and policymakers increasingly agree that the public has little to lose and potentially much to gain from legal market decartelization - the weakening of the lawyers’ monopoly over the legal services market. Harkening to deregulatory initiatives abroad and in Arizona and Utah, reformers contend that removing restrictions on the corporate delivery of legal services and unauthorized practice of law will slash costs and expand access to justice.

Drawing on economic theory and recent market developments, this Article offers a cautionary rejoinder. Understandable concerns about cartelization and lawyer rent-seeking have led …

Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu

Faculty Scholarship

Most literature at the intersection of copyright and AI has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country's economic and technological future.

This article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentive-based. The article then discusses a third line of arguments—harmonization-based arguments—and identifies select instances …

Guide To Sec And Business Open Source Corporate Intelligence, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman

Faculty Scholarship

An agency of the U.S. intelligence community observes, "The explosion of open source intelligence (OSINT) in recent years has transformed how governments and people around the world consume and process information about society and global issues." It is likely that "We all use open-source and probably don't even realize it, but we also use it for different reasons. You might use open-source information to do a credibility check and to find out more about the person selling you something on Facebook marketplace." Others "may research someone… met on a dating app or before hiring someone for a job." Every use …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

Articles

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …

Prosecuting Police, Guyora Binder, Anthony O'Rourke, Rick Su

Journal Articles

Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars have identified two impediments to police prosecutions. First, county prosecutors often answer to suburban voters indifferent to the excesses of city police. Second, prosecutors depend on those police to investigate their cases and to endorse them as effective. This Article argues that the influence of residents and police on prosecutorial decisions depends on the political geography of a prosecutor’s office. As a result, whether a prosecutor’s office is “city-based,” “regional,” or “state-appointed” …

Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher

Faculty Scholarship

The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of "mismanagement" in the world, a sentiment that readily pairs with destructive political impulses.

Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, …

On The Meaning Of Discrimination: Anti-Racism Versus Color- Blind Policy, Keith N. Hylton

Cardozo Journal of Equal Rights & Social Justice

Chief Justice Roberts of the United States Supreme Court has said that "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race. "I In this Article, I examine what it means to discriminate on the basis of race-or what it means to stop discriminating on the basis of race. I consider interventions designed to enhance social welfare in an economy with racially discriminatory games operating at its base. One set of interventions is color-blind, in the sense that it treats all actors alike regardless of race. The other set of interventions …

Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman

Cardozo Journal of Equal Rights & Social Justice

The note examines the groundbreaking implications of New Jersey Bill S147, which mandates the New Jersey Department of Transportation (NJDOT) to develop complete street designs specifically addressing the needs of individuals with intellectual and developmental disabilities (IDD) and Autism Spectrum Disorder (autism). This legislation represents a significant shift in complete streets policies, which traditionally focus on physical accessibility but rarely prioritize non-physical disabilities. The note argues that NJDOT’s implementation of these designs must include tailored strategies, such as mobility education, staff training, and improved signage, to ensure independent and safe travel for this population. By addressing these needs, New Jersey …

Disabled And Disenfranchised: The Fight For Reproductive Freedom And Democracy Post-Dobbs, Robyn M. Powell

Cardozo Law Review

The Supreme Court has thrust abortion onto ballots nationwide, transforming fundamental rights into political battlegrounds. In the aftermath of Dobbs v. Jackson Women's Health Organization, people with disabilities face a perfect storm of eroded reproductive freedoms and persistent barriers to democratic participation. This Article exposes the hollow promise of the Court's purported deference to "the people's elected representatives," revealing instead a landscape where those most affected by abortion restrictions struggle to have their voices heard. The Court's invocation of democracy is arguably disingenuous, serving more as a rhetorical device than agenuine commitment to democratic principles. Nevertheless, engaging with this …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Vol. 68, No. 11 (March 31, 2025)

Indiana Law Annotated

No abstract provided.

Law School News: Champions For Justice: Celebrating Alumni Leaders In Legal Advocacy And Social Impact 03-31-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Review Of In A Human Voice, Jean Keller

The Journal of Social Encounters

No abstract provided.

Review Of Laboratories Of Autocracy: A Wake-Up Call From Behind The Lines, Neal Allen, Philip Pfeiffer

The Journal of Social Encounters

No abstract provided.

Review Of God's Resistance: Mobilizing Faith To Defend Immigrants, Anna Peterson

The Journal of Social Encounters

No abstract provided.

Review Of Algorithms Of Resistance: The Everyday Fight Against Platform Power, John G. Mcnutt

The Journal of Social Encounters

No abstract provided.

Review Of Ordinary Whites In Apartheid Society: Social Histories Of Accommodation, Gary Prevost

The Journal of Social Encounters

No abstract provided.

Review Of Making A Way Out Of No Way, Walter W. Hill Jr.

The Journal of Social Encounters

No abstract provided.

The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Occupy, Nicholas Marti

Nebraska Journal on Advancing Justice

No abstract provided.