Legal Education Commons^™

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

The Legal Vacuum In Cognitive Privacy And Brain Data, Kayla Flanders

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is an entire world emerging—technology capable of interpreting our brainwaves to predict which ads we’ll respond to, lift our moods, or queue the perfect playlist. U.S. patent filings in neurotechnology are soaring, mirroring the surge seen in gene-editing innovations.

Yet while gene-editing tools have sparked fierce public and ethical debate, neurotechnology companies are quietly amassing vast troves of brainwave data with far less scrutiny. What legal or ethical constraints are in place to govern the collection, use, or commercialization of this deeply personal data? Positioned at the intersection of data privacy, intellectual property, and scientific innovation, these questions demand …

Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi, Hermawan Prasojo

Jurnal Hukum & Pembangunan

Meaningful public participation in the legislative process in Indonesia is a fundamental element in fostering an inclusive and transparent democracy. Despite the legal mandate for public involvement, as outlined in Law No. 13 of 2022 and Constitutional Court Decision No. 82/PUU-XXI/2023, such participation often remains formalistic and limited in practice. This article highlights the potential of digital technology, particularly the concept of CrowdLaw, as an alternative approach to enhancing public engagement. Case studies from Estonia, Iceland, and Brazil demonstrate that digital participation can effectively increase public involvement and improve the quality of legislative outcomes. With sufficient infrastructure and improved …

Foreword: The ‘Why’ & How’ Of Artificial Intelligence In Legal Scholarship, Spencer Nayar, Michael I. Cooper

Texas A&M Journal of Property Law

In the course of publishing the 2024–25 Volume of the Texas A&M Journal of Property Law, we, the Editorial Board, were presented with the opportunity to publish a collection of articles drafted explicitly with the assistance of Artificial Intelligence (“AI”). After some consideration, we made the decision to do so. The following is our endeavor to share with our peers and colleagues—who may soon find themselves in similar situations—what we have learned in this process and, separately, contribute some forward-looking standards that can be implemented in the arena of legal scholarship for the transparent signaling and taxonomizing of AI-assisted works.

How I Learned To Stop Worrying And Love The Bot: What I Learned About Ai And What You Can Too, John Lande

Faculty Publications

Artificial intelligence (AI) tools play an increasingly prominent role in legal education, legal practice, and dispute resolution. People’s understanding of how these tools work varies widely. This article outlines a framework to improve AI literacy among dispute resolution practitioners, parties, ADR program managers, faculty, students, and scholars. It highlights emerging trends and offers practical suggestions and resources to support AI literacy and the responsible integration of AI into their work. A companion article, Getting the Most from AI Tools: A Practical Guide to Writing Effective Prompts, helps users, especially those in dispute resolution roles, learn how to write effective …

Every Law School Should Have A Poet, Susan Ayres

Faculty Scholarship

This is an imaginative work that explores gaslighting in the workplace.

A New Parlor Is Open: Microfeminisms Are Needed In Law School To Combat Gender Bias, Stephanie J. Thompson

Faculty Scholarship

A recent viral trend on TikTok has spotlighted women attorneys who are leveraging microfeminisms to uplift other women and challenge entrenched gender norms within the workplace. The hashtag #microfeminism has garnered over a billion views, underscoring a growing interest in this nuanced form of advocacy. Microfeminism encompasses the subtle, everyday actions individuals—regardless of gender—take to promote gender equity and disrupt traditional expectations, both personally and professionally. In contrast to broader feminist movements that often seek systemic reform, microfeminism focuses on the interpersonal and individual level, recognizing the transformative potential of seemingly small gestures. This Article aims to initiate a critical …

Clark Memorandum: Spring 2025, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Primary and Professional Identity
• Never Only Two Sides
• In Defense of Zion and Her People
• The Pursuit of Happiness

Teaching The Arc Of Electric Spark: Igniting Curiosity, Creativity, And Innovation Throughout The Law School Curriculum, Jason G. Dykstra

Northern Illinois University Law Review

A heighted velocity of change enveloped the legal profession over the last three decades. From big law to rural practitioners, the traditional law firm model of billing time by the hour proved ripe for disruption. Technological advances automated many once-billable activities; enhanced client sophistication and cost-consciousness restricted law firm revenue by imposing billing guidelines and alternative fee arrangements; clients increasingly retain legal work in-house; and global competition allowed legal services to be disaggregated and outsourced to the lowest cost provider. The net effect of this disruption is reflected in the revenue of the legal services sector, which adjusted for inflation, …

Law Library Blog (May 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

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

Life of the Law School (1993- )

No abstract provided.

“Going Once, Going Twice, Sold!” The Case For Resale Rights For Visual Artists In The United States, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Resale rights can be understood to be a form of royalty payments that compensate visual artists for subsequent sales after the initial sale of their artwork. In contrast to the schemes available to music artists in the United States, who receive payment for subsequent use of their works through licenses for public performance, synchronization licenses, or mechanical licenses, visual artists lack the ability to profit from the resale of their creations. This discrepancy separates the United States from the approaches to resale rights in many European countries and other countries that have adopted this system. Countries that recognize resale rights …

Exploring Education Policy And Resources In Virginia Secondary Education, Gabrielle Lyon

Departmental Honors & Graduate Capstone Projects

The study examines the intersection of federal special education policy within Virginia's secondary schools, specifically focusing on teachers’ compliance with the Individuals with Disabilities Education Act (IDEA). The study explores educators' awareness and usage of the Virginia Department of Education's hearing decisions index, which documents IDEA violations and due process decisions. Through analyzing federal education legislation, state implementation practices, and teacher perspectives, this study reveals critical gaps in educator preparation and resource awareness regarding special education policy compliance. The findings suggest that while the IDEA violations are being tracked and documented, there remains a significant disconnect between available resources and …

They Managed A Protest: Prohibitory, Ethical, And Prudential Policing Of Academic Speech, David Schraub

BYU Law Review

No abstract provided.

Integrating Doctrine & Diversity Speaker Series: Expanding Doctrinal Dialogue With Foreign And International Current Events Content 04-30-2025, Roger Williams University University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

What The Cfpb Shut-Down Means For Debt-Collection, Emily Sultan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The Consumer Financial Protection Bureau (“CFPB”) is a federal agency that monitors financial markets to identify new risks to consumers, evaluates consumer complaints, and addresses unfair and deceptive trade practices by financial institutions, including banks, lenders, and credit card companies.[1]  The CFPB was created to protect consumers against the risky lending practices that caused the 2008 financial crisis.[2]  The CFPB has benefitted millions of Americans by helping homeowners facing foreclosure stay in their homes, curtailing banks from charging junk fees, and returning more than $20 billion to consumers nationwide.[3]  The agency also protects consumers impacted by institutional bias by enforcing …

Lubin Earns Indiana University’S Outstanding Junior Faculty Award, James Owsley Boyd

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

An Indiana University Maurer School of Law faculty member is one of six professors on the Bloomington campus to earn the university’s Outstanding Junior Faculty Award.

Associate Professor Asaf Lubin will be recognized this fall with the award, which is the most prestigious campus-level award available specifically to pre-tenure faculty. The award is designed to identify the most promising untenured faculty and assist them in the development of their research programs and creative activities.

Deputized To Discriminate: The Dangerous Revival Of Ice “Task Force” Agreements, Yuwen Huyan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Section 287(g) of the Immigration and Nationality Act, first implemented in 1996, authorizes local and state law enforcement agencies to enter into formal agreements with U.S. Immigration and Customs Enforcement (“ICE”).  These agreements, known as Memoranda of Agreements (“MOAs”), deputize selected officers to perform certain federal immigration enforcement functions.  There are two enforcement models: the jail enforcement model, in which officers identify individuals for ICE after an arrest, and the more controversial task force model, which allows officers to initiate immigration enforcement in the field—during traffic stops, patrols, or other community interactions. Once trained and certified by ICE, local officers …

37th Annual Labor & Employment Law Conference, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Cardozo Law News Brief: April 25, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the April 25, 2025 Cardozo Law News Brief include:

• Professor Zalman Rothschild quoted in The New York Times on SCOTUS and religious exemptions.

• Professor Jessica Roth featured in American Lawyer and CNN on pro bono work and deportation cases.

• Professor Gabor Rona’s lawsuit over ICC sanctions covered by Bloomberg Law.

• Professor Lindsay Nash presented immigration law scholarship at UNC.

• Sarah Chu honored with a Women of Distinction award.

Alumni Updates - Spring 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Spring 2025 alumni updates highlight notable achievements across the Cardozo community. Sixteen alumni were named to Billboard’s Top Music Lawyers list, while Rafael Castellanos ’86 and Seth Goodman Park ’91 received WESTY Awards. Chris Fenlon ’09 helped secure a record $34.5 million Sarbanes-Oxley whistleblower settlement, and Adam Greenberg ’93 and Todd Hellman ’94 advanced to new law firms. Other updates include Eric Hochstadt ’03 being named Head of Antitrust Litigation at Orrick, Julie Levine ’14 joining Offit Kurman, and Mark Osherow ’88 publishing Florida Litigation Guide. These achievements reflect the broad impact of Cardozo alumni in law …

The First Of All Freedoms: Free Speech, Antisemitism, And Lessons For The Jewish Community From The Dreyfus Affair, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Joel Swansin

2025 Event Invitations

Join us for a thought-provoking talk with Professor Joel Swanson of Sarah Lawrence College as he explores the intense debates over free speech and its boundaries within the French Jewish community during the Dreyfus Affair. At this pivotal time, French Jews debated extensively the question of whether there should be limits on speech in the name of protecting the Jewish community. By examining these historical debates and their outcomes, Professor Swanson will highlight parallels with the current discussions surrounding American Jews, pointing to historical precedents for lessons about how to approach current controversies. This event

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Vol. 68, No. 14 (April 21, 2025)

Indiana Law Annotated

No abstract provided.

Samantha Harberg And Rebecca Malek Selected As 2025 Recipients Of Mark Whitlock Scholarship, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced that Samantha Harberg and Rebecca Malek have been selected as the 2025 recipients of the Mark Whitlock Scholarship. Established in memory of Mark Whitlock ’10, the scholarship honors third-year J.D. students who enrich student life through their energy, initiative, and spirit. Harberg was recognized for her leadership as Editor-in-Chief of the Dispute Resolution Competition Honor Society, her role in the Mediation Clinic, and her work as an Admissions Ambassador. Malek was honored for her mentorship and leadership across numerous roles, including with BLSA, the ADR Competition Honor Society, and the Divorce Mediation Clinic. Both recipients …

Sixteen Cardozo Law Alumni Selected To Billboard's 2025 Top Music Lawyers List, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Sixteen alumni from the Benjamin N. Cardozo School of Law were named to Billboard’s 2025 list of Top Music Lawyers. This recognition highlights Cardozo’s strong reputation in entertainment law, with the school previously ranked as the #1 Leading Law School for producing top music lawyers. The honored alumni include partners, executives, and legal leaders at major firms and music companies such as Warner Music Group, Sony Music Entertainment, Universal Music Publishing Group, and DLA Piper.