Law and Society Commons^™

Breaking Up With The Anti-Hero: How 303(B)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, And Crises, Kelly M. Gamble

Maine Law Review

The American Bar Association’s issuance of Standard 303(b)(3) represents a pivotal shift compelling law schools to adapt their approach to the evolving needs of law students, lawyers, and the profession. The Standard serves as an invitation to re-evaluate the relationship between the primary curriculum and student support frameworks. This Article proposes a comprehensive approach to infuse professional identity development throughout the first year of law school. While professional identity development requires ongoing efforts, sometimes tailored to particular practice interests, this Article contends that all students benefit from early explicit instruction on foundational professional identity competencies. This Article first outlines the …

Vol. 68, No. 09 (March 10, 2025)

Indiana Law Annotated

No abstract provided.

The Market Value Of Partisan Balance, Brian D. Feinstein, Daniel J. Hemel

Northwestern University Law Review

For the past century, Delaware’s constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political party. Some scholars and jurists theorize that Delaware’s commitment to a politically balanced judiciary increases the state’s attractiveness to out-of-state corporations and adds value to Delaware-chartered firms. These claims echo a larger literature in law and the social sciences positing that ideological diversity improves decisional quality. Recently, a series of federal court decisions in the case of Adams v. Carney put these claims to the test. In December 2017, a federal district court …

Constraining The Executive Branch: Delegation, Agency Independence, And Congressional Design Of Judicial Review, Jennifer L. Selin, Pamela J. Clouser Mccann

Northwestern University Law Review

While scholarship examining the relationship between Congress, federal agencies, and the judiciary reveals variation in the statutory details that affects administrative and judicial decision-making, few studies explore the extent to which congressional delegation decisions balance both the substantive and procedural independence of agencies against the possibility of the federal judiciary’s review of administrative action.

This Article enhances scholarly understanding of delegation by providing a qualitative, theoretical, and empirical account of the circumstances under which Congress manipulates federal agency exposure to the federal judiciary. Ironically, combined with statutory provisions dictating agency independence, increasing an agency’s exposure to unelected federal judges can …

Racial Discrimination In Retailers' Willingness To Accept Returns: A Field Study, Meirav Furth-Matzkin

Northwestern University Law Review

Black Americans have long faced discriminatory treatment while shopping in retail establishments, including, most notably, being subjected to increased surveillance, inconsistent pricing, and inferior customer service. Little attention, however, has been paid to other post-purchase aspects of retail transactions. Specifically, do Black Americans receive the same treatment as white customers when it comes to performing sellers’ formal policies or contracts? While it is understood that salespeople are often given discretion to deviate from standard form contracts, sometimes departing from the literal terms to satisfy consumers, there has been a notable absence of systematic exploration into how salespeople exercise this authority …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

Scientist Zafra M. Lerman Accepts International Advocate For Peace Award At Cardozo, Cardozo Journal Of Conflict Resolution

Cardozo Law News Archive

On March 6, 2025, scientist and humanitarian Zafra M. Lerman received the 24th Annual International Advocate for Peace Award from the Cardozo Journal of Conflict Resolution for her groundbreaking work in science diplomacy and human rights advocacy.

Law School News: Acclaimed Environmental Lawyer And Graphic Memoirist Eddie Ahn To Visit Rwu Law 3-7-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Reclaiming Abortion As A Moral—And Religious—Decision, Linda C. Mcclain

Faculty Scholarship

Elizabeth Sepper, Free Exercise of Abortion, 49 BYU L. Rev. 177 (2023).

In 1973, before the Supreme Court decided Roe v. Wade, two members of a group of clergy committed to helping women receive abortion care stated: “every woman must possess the freedom, guaranteed by the U.S. Constitution, to follow her religious conscience in the determination of whether she will or will not bear a child.”1 Religious supporters of abortion access also cited the Establishment Clause: states were adopting, in a religiously diverse nation, a religious view about when life begins and how to value fetal and maternal life. …

Entrepreneurship And Community Business Clinic Making An Impact In California, Entrepreneurship And Community Business Clinic

Cardozo Law News Archive

In February 2025, Cardozo Law’s Entrepreneurship and Community Business Clinic visited California, where students led workshops, met with Judge Ana de Alba, and provided legal support to local entrepreneurs.

The Role Of Storytelling In Bisexual Jurisprudence, Eliot T. Tracz

Pace Law Review

This essay examines the unique challenges faced by bisexual individuals in the legal system and explores how storytelling can serve as an effective tool to combat bisexual erasure and stereotyping in jurisprudence. Despite comprising the largest demographic within the LGBTQ community, bisexual individuals are significantly underrepresented in legal discourse and case law. This essay identifies three primary challenges affecting bisexual legal recognition: erasure (the denial of bisexuality as an orientation), stereotyping (harmful assumptions about bisexual individuals), and interest divergence (conflicting priorities with both heterosexual and homosexual communities). Through detailed case analysis, this essay will demonstrate how these challenges have resulted …

Vol. 68, No. 08 (March 3, 2025)

Indiana Law Annotated

No abstract provided.

Professor Andrea Schneider Speaks To Business Insider On Tense Oval Office Negotiations Between U.S. And Ukraine, Andrea K. Schneider

Cardozo Law News Archive

Professor Andrea Schneider spoke to Business Insider to discuss the Oval Office negotiations between President Trump, Vice President J.D. Vance, and Ukrainian President Volodymyr Zelenskyy, and ultimatums that Trump gave to Ukraine.

Law Jobs: Professional Regulation, The Division Of Legal Labor, And Institutional Change, Emily S. Taylor Poppe

Fordham Law Review

No abstract provided.

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

Articles

No abstract provided.

State Constitutional Rights, Naturally, Daniel B. Rodriguez

UMKC Law Review

No abstract provided.

Exit Planning And Emigration Aspirations Among Trans And Nonbinary U.S. Citizens, Jayesh Rathod

Presentations

Participatory Defense And Three Pillars Of Criminal Injustice, Isis Misdary

Nevada Law Journal

No abstract provided.

Jewish Lawyers And The Labor Movement, Catherine L. Fisk

Fordham Law Review

No abstract provided.

Abolition By Algorithm, Peter N. Salib

Michigan Law Review

In one sense, America’s newest abolitionist movement—advocating the elimination of policing and prison—has been a success. Following the 2020 Black Lives Matter protests, a small group of self-described radicals convinced a wide swath of ordinary liberals to accept a sweeping claim: Mere reforms cannot meaningfully reduce prison and policing’s serious harms. Only elimination can. On the other hand, abolitionists have failed to secure lasting policy change. The difficulty is crime. In 2021, following a nationwide uptick in homicides, liberal support for abolitionist proposals collapsed. Despite being newly “abolition curious,” left-leaning voters consistently rejected concrete abolitionist policies. Faced with the difficult …

A World-Threatening Feeling: Grief, Moral Injury, And Institutional Loss In Rural Courts, Michele Statz

Fordham Law Review

No abstract provided.

The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin

Fordham Law Review

Because private companies now control the most prominent communication platforms, the most pressing question in the field of content moderation is how to ensure that the governance of public discourse responds to public values. The prevailing approach, given that the state cannot regulate speech directly, is that state regulation can be substituted with audited self-regulation, broad stakeholder participation, and negotiated rulemaking. In this model, which this Article refers to as the “new governance model for content moderation,” companies include advocates as representatives of the public in their processes to govern online speech. Ideally, they negotiate policy goals and share responsibility …

Professor Jessica Roth Quoted In The New York Times About Justice Dept. Targeting Sdny, Jessica A. Roth

Cardozo Law News Archive

Professor Jessica Roth spoke to The New York Times about Emil Bove III, the acting deputy attorney general, targeting the U.S. attorney's office for the Southern District of New York over the Trump administration's plans to seek the dismissal of corruption charges against Mayor Eric Adams.

Fariss, Peters, Singleton, And Strain To Be Inducted Into Academy Of Law Alumni Fellows, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law Academy of Law will welcome four new members into its Academy of Law Alumni Fellows this spring with the inductions of Linda Fariss, Agnes Peters, Earl Singleton, and James Strain.

Induction into the ALAF is the highest honor the Law School can bestow upon an alumnus. This year’s ceremony will take place April 11 in the Indiana Memorial Union in Bloomington.

“Linda, Agnes, Earl, and James have made extraordinary contributions to their local communities, the legal profession, and the Law School,” said Indiana Law Dean Christiana Ochoa. “Their stories are remarkable testaments to …

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

Cardozo's Entertainment Law Week Showcases Creative Executives And Entertainment Attorneys, Cardozo Entertainment Law Society, Cardozo Fame Center

Cardozo Law News Archive

Cardozo’s annual Entertainment Law Week, hosted by the Entertainment Law Society and FAME Center, featured panels and discussions with industry leaders on topics ranging from music and video games to docudramas and diversity in entertainment law.

Associate Judge Caitlin J. Halligan Named Keynote Speaker At Cardozo’S 47th Commencement, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Hon. Caitlin J. Halligan, associate judge of the Court of Appeals, will deliver the commencement address for Benjamin N. Cardozo School of Law's 47th graduation ceremony at Lincoln Center on June 4.

Texas Means Business: Constitutional Challenges To New Business And Appellate Courts, Daniel H. Ramirez

St. Mary's Law Journal

No abstract provided.

It Was The Death Of Bruton, It Was The Birth Of Bruton – Why Confrontation Dismantled The Bruton Rule, And How Due Process Can Save It, Noam Kozlov

St. Mary's Law Journal

No abstract provided.

How To Conduct Serious Affairs Like Reasonable People, Yakov Malkiel

St. Mary's Law Journal

No abstract provided.