Legal Writing and Research Commons^™

Calderbank Offer Sebagai Instrumen Untuk Meningkatkan Efisiensi Di Bani Arbitration Center, Lalu Adhim, Sinta Dewi, Mursal Maulana

Jurnal Hukum & Pembangunan

This article explores the shifting landscape of international arbitration, traditionally valued for its efficiency. Today, increased costs and prolonged dispute resolution processes change this perception. The article introduces the Calderbank offer, a strategic instrument from common law that promotes early settlement. By integrating civil law’s adversarial approach and practice to settle with settlement offer in common law, this concept aligns with peace theory and could enhance efficiency in BANI Arbitration Center. This instrument allows arbitral tribunals to impose cost penalties on parties who reject settlement offers and subsequently fail to achieve a more favorable award. In this research, the authors …

Cumulative Index (1908-1982), Orlando E. Delogu

Maine Law Review

No abstract provided.

Cardozo Law News Brief: March 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 21, 2025 Cardozo Law News Brief include:

• Daniel J. Dominguez ’05 honored at the 15th Annual BALLSA Celebration, where three students also received awards.

• Professor Matthew Wansley quoted in The New York Times on Tesla’s permit for robotaxi services in California.

• Professor Zalman Rothschild published an opinion piece in The Washington Post about Hasidic education and the right to secular learning.

• Professor Haiyun Damon-Feng discussed immigration authority and birthright citizenship in Bloomberg Law and the Miami Herald.

• Professor Saurabh Vishnubhakat published in Nature Biotechnology and presented at major conferences on trade secrets and IP law.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Cardozo Law News Brief: March 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 14, 2025 Cardozo Law News Brief include:

• Professor Matthew Wansley spoke to The Washington Post about safety concerns with Zoox’s self-driving vehicles.

• Professor Haiyun Damon-Feng wrote in Slate on the Trump administration's immigration actions against children.

• Professor Michael Herz discussed constitutional spending powers in Fortune.

• Professor David Rudenstine published an op-ed in the New York Law Journal defending press freedoms.

• Professor Lindsay Nash was interviewed by The New Yorker and Zeteo on immigration and due process rights.

• Adjunct Professor Gary Galperin analyzed a pretrial motion in Business Insider.

• Faculty scholarship updates include:

  • Professor Emmanuel …

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Cardozo Law News Brief: March 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 7, 2025 Cardozo Law News Brief include:

• Scientist Zafra M. Lerman received the International Advocate for Peace Award at Cardozo and spoke on science education as a human right.

• Professor Jessica Roth was quoted in The New York Times on internal tensions at the Justice Department.

• Professor Matt Wansley spoke to The Washington Post about Tesla’s self-driving taxi plans.

• Professor Andrea Schneider commented in Business Insider on U.S.-Ukraine Oval Office negotiations.

• Professor Peter Markowitz discussed immigration enforcement in Newsweek and The Boston Globe.

• Faculty updates include:

  • Professor Barbara Kolsun’s book The Business and Law of …

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Petition For Initial Hearing En Banc, United States V. Michael Norwood, Becca Steinberg, Brian Wolfman, Regina Wong, Madeline H. Meth, Sara Brizio, Elizabeth Brownstein, Shreya Sarin

Faculty Scholarship

This appeal involves a question of exceptional importance because it implicates binding circuit precedent that directly conflicts with the United States Sentencing Commission’s exercise of statutorily delegated authority. Congress expressly charged the Commission with promulgating policy statements and guidelines establishing, among other things, a framework governing compassionate release of federal prisoners. 28 U.S.C. § 994(a), (t). So, when Congress provided that district courts could consider a sentence reduction if warranted by “extraordinary and compelling reasons,” 18 U.S.C. § 3582(c)(1)(A), Congress did not define that phrase. Instead, it directed the Commission to do so. 28 U.S.C. § 994(t).

The Commission did …

Reply Brief For Plaintiff-Appellant, Jane Roe V. Marshall University Board Of Governors, Ryan M. Donovan, J. Zak Ritchie, Madeline H. Meth, Gregory Bowe, Erin Hunter, Sarah Monahan

Faculty Scholarship

Marshall does not dispute that Jane Roe’s experience as a student there was marred by fellow-student John Doe’s repeated sexual harassment. Doe’s harassment of Roe escalated on September 3, 2022, when he sexually assaulted her at a Marshall-football-watch party near campus. Instead of supporting Roe to confront the assault’s aftermath or the lingering on campus hostile environment, Marshall punished her, pretextually shuffling her through an investigation riddled with procedural deficits, in an attempt to cover its tracks.

Marshall argues it isn’t liable because it lacks control over all off-campus sexual assaults. But it undermines itself by admitting it exercised control …

Table Of Contents & Masthead, Jacqueline Kessel

Pepperdine Law Review

No abstract provided.

Mistaken About Mistakes: Error Analysis As An Untapped Tool For Law School Success, Elissa Jacob

Pace Law Review

Mistakes: everyone makes them, perhaps the new law student more than most. But why do our students continue to make the same errors despite our concerted efforts to prevent them? This article explores this question and provides ideas on how to utilize mistakes to fuel the learning process. Science has proven that the human brain is hardwired to benefit from errors. However, the psychological effects of failing, cultural systems, and the American educational system are frequent barriers to this biological process.

To overcome these obstacles and most effectively employ error analysis, I propose a three-step model. First, professors must lay …

Embrace The Chaos: Contributing To Experience In The Face Of Ai And Nextgen, Margaret Moore Jackson

Pace Law Review

This article asserts that the combination of AI-assisted writing tools and the immediacy of the NextGen Bar compel changes in legal education’s goals, expectations, and delivery methods. Topping off these forces, the ABA is considering increased requirements for additional experiential credits prior to graduation. These challenging mandates provide opportunities for law faculty, who can construct courses that help students learn through integrated experiential credits while promoting and spreading legal knowledge to organizations that lack legal advice.

Through the example of a Housing Discrimination course, this article demonstrates a method for constructing a course that is resigned to the presence of …

Law Library Collection Development In The Time Of Genai, Dana Neacsu

Law Faculty Publications

Collection development remains at the core of the library’s mission within each institutional framework. All law libraries, including those serving law schools, law firms, or governmental entities support legal research, and generative AI (GenAI) has revolutionized the interaction between librarian and the sources of legal research.

Whatever Happened To Queenie's Law?, Virginia C. Thomas

Library Scholarly Publications

This column illustrates how the history of a specific legislative measure that has been introduced over multiple legislative sessions can deepen our understanding of its legislative purpose.

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

Law Library Newsletters/Blog

No abstract provided.

Reactive Hypotheticals In Legal Education: Leveraging Ai To Create Interactive Fact Patterns, Sean Steward

Akron Law Review

Good legal hypotheticals require carefully constructed scenarios designed to mimic the challenges and dilemmas that students will face in their future legal careers. Hypotheticals help students take abstract concepts such as negligence or res ipsa loquitor and ground them in the reality that these rules were meant to control. Yet, despite our best efforts, creating hypotheticals with a rich tapestry of facts, personalities, and complexities that characterize real-world legal practice remains challenging and time-consuming. Artificial Intelligence (AI) can solve this problem. By leveraging emerging AI technology, legal educators can create richer, more realistic hypotheticals that react to students and keep …

Cardozo Law News Brief: February 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 21, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth appeared on PBS NewsHour to discuss DOJ resignations tied to the dismissal of a case involving NYC Mayor Eric Adams.

• Adjunct Professor Gary Galperin spoke to Gothamist about court procedures in the Luigi Mangione case.

• Derrick Hamilton, Deputy Director of the Perlmutter Center, published an op-ed in Times Union advocating for stronger discovery laws.

• Professor Peter Markowitz was quoted in Gothamist and Newsweek about ICE access to protected spaces under Mayor Adams.

• Professor Michael Pollack commented in Bloomberg on Denver’s new sidewalk repair fee.

• Professor …

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Assessing Information Literacy In The Age Of Generative Ai: A Call To The National Conference Of Bar Examiners, Amy A. Emerson

Faculty Publications

Information literacy is crucial to satisfying a lawyer’s duty of technology competence by virtue of its inherent role in conducting legal research—a skill now recognized by the National Conference of Bar Examiners (NCBE) as a priority as it prepares for the NextGen Bar Exam. In light of the rapid rise in the number of attorneys facing disciplinary issues across the country, it is the NCBE’s responsibility to draw upon its rich history to address information literacy as a technological competency on the Multistate Professional Responsibility Exam to protect the public from newly licensed lawyers’ incompetent use of generative artificial intelligence.

Cardozo Law News Brief: February 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 14, 2025 Cardozo Law News Brief include:

• Associate Judge Caitlin J. Halligan was announced as the keynote speaker for Cardozo’s 47th Commencement.

• Professor Jessica Roth appeared on CBS Mornings, The Washington Post, and PBS NewsHour discussing the Luigi Mangione case and corruption charges involving Mayor Eric Adams.

• Professor Lindsay Nash spoke to City Limits about the impact of the Laken Riley Act on immigrant communities.

• Faculty updates include:

  • Ellen Drucker-Albert edited the latest issue of Association of Jewish Libraries’ News and Reviews.

  • Professor Andrea Schneider co-authored International Conflict Resolution Processes with Carrie Menkel-Meadow.

Cardozo Law News Brief: February 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 7, 2025 Cardozo Law News Brief include:

• Cardozo's P*LAW 2025 featured a week of student-led public service programming, coordinated by the Center for Public Service Law.

• Professor Jessica Roth spoke to The New York Times and Politico about the possible dismissal of charges against NYC Mayor Eric Adams.

• Professor Betsy Ginsberg was quoted in The Wall Street Journal on constitutional questions related to incarcerating Americans in El Salvador.

• Professor Andrea Schneider spoke to Business Insider about Costco’s pay increases for non-union workers and the implications for labor negotiations.

Table Of Contents & Masthead, Jacqueline Kessel

Pepperdine Law Review

No abstract provided.

Law Library Blog (February 2025): Legal Beagle's Blog Archive, Raquel Ortiz, Jessica Silvia

Law Library Newsletters/Blog

No abstract provided.

Designing Legal Writing Problems For The Nextgeneration, Jaclyn Celebrezze, Lauren E. Sancken, Carrie Sanford, Amanda K. Stephen, David Ziff

Articles

When reviewing the legal writing curriculum at our school for these NextGen skills, we discovered that our primary class activities and assignments already provided our students with opportunities to practice NextGen’s fundamental skills. This essay highlights some of our activities and describes how those assignments hone relevant NextGen skills.

Decriminalization Matters: Lgbtq Transnational Litigation Networks And Movement Lawyering In The Global South, Ayodeji Kamau Perrin

Faculty Scholarship

In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South—the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial decriminalization nor the countermobilization and backlash to decriminalization has attracted the attention that these phenomena deserve from doctrinal legal scholars, comparative and international law scholars, or legal mobilization scholars.

In this paper, I help to remedy this oversight by making three contributions to legal mobilization scholarship and to international law and relations scholarship. …