Dual Purposes Of A Plea Bargaining Simulation: Pedagogical Skills Training And Controlled Data Collection Experiment About Crime Victim’S Access To Justice Via Counsel,
2026
Lewis & Clark College
Dual Purposes Of A Plea Bargaining Simulation: Pedagogical Skills Training And Controlled Data Collection Experiment About Crime Victim’S Access To Justice Via Counsel, Tung Yin
Indiana Journal of Law and Social Equality
No abstract provided.
Mile V. Kirkbrae Country Club, 331 A.3d 1003 (R.I. 2025).,
2026
Candidate for Juris Doctor, Roger Williams University School of Law
Mile V. Kirkbrae Country Club, 331 A.3d 1003 (R.I. 2025)., Taylor Payne
Roger Williams University Law Review
No abstract provided.
Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil,
2026
Lewis & Clark Law School
Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil, George K. Foster
Indiana Law Journal
The tortious act exception to sovereign immunity offers a vital path for tort victims to seek redress against foreign states for harms committed on U.S. soil. Yet some courts have narrowed the exception in troubling ways when rejecting claims alleging clergy abuse cover-ups, cyberattacks, and other serious misconduct. Some have held that the exception applies only to torts committed by state officials and employees, excluding private actors even when acting under state direction. Others have deemed conduct “discretionary”—and therefore immune—even when it patently violated U.S. law or contractual obligations. This Article challenges both readings. Drawing on legislative history, common law, …
Misinformation And The Jury,
2026
American University Washington College of Law
Misinformation And The Jury, Gustavo Ribeiro
Indiana Law Journal
This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.
This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …
Peeking Inside The Black Box: Discovery In Fair Housing Act Cases Arising From Ai Decision Making,
2026
Western New England University School of Law
Peeking Inside The Black Box: Discovery In Fair Housing Act Cases Arising From Ai Decision Making, Jessica Mahon Scoles
Faculty Scholarship
In today’s real estate market, more housing decisions are being automated. If artificial intelligence renders a biased decision, will the person impacted have any legal recourse? Commentators have expressed concern that the proprietary nature of AI will allow defendants in discrimination lawsuits to avoid discovery, effectively shielding their decision making from judicial scrutiny. This article examines whether AI and algorithm-related information is the discovery black box that some fear it to be.
Addressing the issue in the context of Fair Housing Act (FHA) litigation, the article argues that concerns about access to AI and algorithm-related discovery are overstated. In real …
How To Apply Hertz Corp. V. Friend In The Age Of Remote Work,
2026
The Catholic University of America, Columbus School of Law
How To Apply Hertz Corp. V. Friend In The Age Of Remote Work, John Andrikos
Catholic University Journal of Law and Technology
The widespread adoption of remote work in the United States has strained the workability of the nerve center test of Hertz Corp. v. Friend. This comment analyzes how federal courts have applied the nerve center test to fact patterns involving partially or fully remote corporations. Further, it proposes a novel solution to this jurisdictional problem: the Key Person Test.
Kazarian V. New London Cnty. Mut. Ins. Co., 331 A.3d 984 (R.I. 2025).,
2026
Candidate for Juris Doctor, Roger Williams University School of Law
Kazarian V. New London Cnty. Mut. Ins. Co., 331 A.3d 984 (R.I. 2025)., Nicole Aprile
Roger Williams University Law Review
No abstract provided.
Clinton V. Babcock, 332 A.3d 167 (R.I. 2025).,
2026
Candidate for Juris Doctor, Roger Williams University School of Law
Clinton V. Babcock, 332 A.3d 167 (R.I. 2025)., Greta Johnson
Roger Williams University Law Review
No abstract provided.
Access Denied: The Injustice Of Plra Exhaustion,
2026
Marquette University Law School
Access Denied: The Injustice Of Plra Exhaustion, Rachel Kincaid
Marquette Law Review
Law students learn to “think like a lawyer” by studying appellate decisions that contain extensive reasoning and result from vigorous advocacy by lawyers on both sides. These well-reasoned decisions allow students to learn how to distill legal rules from judicial opinions: to focus on the rationale behind a court’s decision so that they might be able to predict how the court would deal with a different factual scenario. But this focus on extensively reasoned and argued appellate court opinions obscures the access-to-justice crisis plaguing our legal systems; most people cannot even afford to pay a lawyer to represent them, let …
Who Makes The Jury? Demographics And Decision-Making In The Jury Process.,
2026
University of Central Florida
Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons
Honors Undergraduate Theses
Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected …
Reconstituting A Constitution, And A Republic: The Architecture Of Authoritarian Rule,
2026
Georgetown University Law Center
Reconstituting A Constitution, And A Republic: The Architecture Of Authoritarian Rule, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
A constitution can be remade without tearing it down, or even changing a single word. It is done by law. It is being done now—by the Supreme Court.
In each case, real people win, real people lose, real people suffer. Outcomes matter. But across the span of cases, the Court is tearing down our constitutional order of divided power—taking authority from the courts below, from Congress, the agencies, the states, and us, the people—and building a structure of unchecked power in itself. Procedure and remedies are constitutive of the judicial power. In a time of authoritarian threat, they are the …
The Civil Justice Business,
2026
Georgetown University Law Center
The Civil Justice Business, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
Our civil justice system rests on foundational commitments: to make rights real for those the law protects, whatever their station; to hold wrongdoers accountable, whatever their power; and to deter misconduct in a system that depends heavily on private enforcement. We put great faith in these values.
Civil justice, for all its lofty goals, is also a business. Attorneys and liability insurers have long held economic stakes in litigation, bounded by their own professional and regulatory norms. Now, a new litigation finance industry has arisen: outside investors supply equity capital—divorced from legal representation and liability management—and take returns directly from …
Much Ado About Misjoinder: An Alternative To Fraudulent Misjoinder To Preserve Defendants’ Right To Removal In Pharmaceutical And Medical Device Products Liability Cases,
2026
Benjamin N. Cardozo School of Law
Much Ado About Misjoinder: An Alternative To Fraudulent Misjoinder To Preserve Defendants’ Right To Removal In Pharmaceutical And Medical Device Products Liability Cases, Alexander Flaum
Cardozo Law Review
Unresolved questions surrounding the contours of the fraudulent misjoinder doctrine have understandably led to reluctance by courts to adopt it, despite its utility in protecting defendants’ access to federal court. This is particularly troubling in the context of pharmaceutical and medical device products liability cases. It is common in these actions for plaintiffs, whose only connection is having consumed a particular pharmaceutical product at different points in time and for different durations, to strategically join in one action to defeat complete diversity and prevent removal to federal court. However, federal courts are not powerless to prevent such procedural gamesmanship. By …
Rethinking Courtroom Presence In The Virtual Era,
2026
Southern Methodist University, Dedman School of Law
Rethinking Courtroom Presence In The Virtual Era, Jenia Iontcheva Turner
Faculty Journal Articles and Book Chapters
Technological innovation has made virtual appearances by criminal defendants increasingly common. These appearances have advanced efficiency but also raised questions about the scope of both the right and the duty of defendants to be physically present in court. Should judges, for example, be allowed to hold virtual arraignments, even if a defendant wishes to appear in person? Can defendants opt for virtual appearances at will? While courts are beginning to address these questions, they have yet to develop a coherent framework to evaluate when virtual appearances are constitutional and appropriate. This Article seeks to contribute to this project by examining …
Qui Tam Legislation And Article Ii: State Constitutional Precursors To The “Take Care” Clause,
2026
University of Georgia School of Law
Qui Tam Legislation And Article Ii: State Constitutional Precursors To The “Take Care” Clause, Randy Beck
Scholarly Works
Anglo-American legislation since the fourteenth century has often authorized “popular” or “qui tam” enforcement, in which an uninjured “common informer” litigates to collect a forfeiture for violation of a statute. Popular enforcement has become considerably less common than in earlier centuries, but remains important because of the qui tam provisions of the federal False Claims Act (FCA). In Vermont Agency of Natural Resources v. United States ex rel. Stevens, the Supreme Court rejected an Article III standing challenge to qui tam litigation, concluding that the long history of popular enforcement means qui tam suits present cognizable “cases and controversies of …
Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment,
2026
University of Oklahoma College of Law
Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment, Sean Harrington, Hayley Stillwell
Faculty Articles
Can AI replace human jurors? More specifically, can large language models predict how jurors interpret evidence and reach decisions based on legally salient facts and demographic characteristics? As legal scholars and practitioners increasingly explore AI-generated jury simulations, this Article offers the first empirical test of whether models like GPT-4, Claude, and Gemini can faithfully replicate juror reasoning. The answer, for now, is no. Across a series of mock trial scenarios involving redacted confessions, GPT- 4, Claude, and Gemini repeatedly failed to replicate how real jurors interpret evidence or exercise judgment. Their errors were not random, but systematic. Hidden prompts, built-in …
It’S (Not All) Personal: Civil Litigation And The Values Of Rights Of Action,
2026
Berkeley Law School
It’S (Not All) Personal: Civil Litigation And The Values Of Rights Of Action, Hanoch Dagan, Avihay Dorfman, Issi Rosen-Zvi
American University Law Review
Existing approaches to civil litigation, both regarding its theoretical underpinnings and its practical instantiations, take diametrically opposing perspectives on the value of personal rights of action. Some view them as inviolable and thus vehemently oppose any mandatory arbitration clauses and treat class actions as presumptively dubious. Others have no principled objection to either, as they perceive personal rights of action as mere technologies that are painlessly dispensable if the substantive values underlying the claim at hand can be realized more effectively through a more efficient mechanism.
In this Article, we reject both of these ‘all or nothing’ approaches and offer …
Tyranny Of A Feather: Asymmetry In Civil Burdens Of Proof,
2026
University of Nevada Las Vegas
Tyranny Of A Feather: Asymmetry In Civil Burdens Of Proof, Thomas O. Main
American University Law Review
Civil litigation suffers from a paradox that is at once self-evident, unfair, and overlooked: the trial process promises equality between plaintiffs and defendants under the preponderance-of-the-evidence standard, even as the pretrial process is skewed dramatically in defendants’ favor. At trial a plaintiff needs only “50% plus a feather” to tip the scales and prevail, reflecting a commitment to equal treatment of the parties. Pretrial, however, the playing field tilts steeply: plaintiffs alone must navigate a procedural gauntlet of motions that impose pleading and production burdens for which defendants face no equivalent. This entrenched asymmetry in pretrial practice has become so …
Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders,
2026
West Chester University of Pennsylvania
Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville
West Chester University Graduate Theses, Dissertations, and Final Projects
This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …
When The Internet Attacks,
2026
Alexander Blewett III School of Law, University of Montana
When The Internet Attacks, Craig Cowie
Cardozo Law Review
Courts have struggled with applying personal jurisdiction in cases involving intentional torts where the defendants act outside the forum, and the problem is particularly apparent and acute when the defendants use the internet to commit the tort. For example, is there jurisdiction when a defendant doxxes someone and calls for violence? What if they leave a bad Yelp review? Or tweet a defamatory statement? Courts have used many tests for determining whether personal jurisdiction is appropriate in these situations, but there has been relatively little recent scholarship on whether these tests are appropriate for analyzing personal jurisdiction in these contexts. …
