Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era,
2025
Liberty University School of Law
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
West Virginia Law Review
This Article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper Bright Enterprises v. Raimondo, the case that overturned Chevron deference. First, what did Loper Bright change about review of agency action? Second, how should lower courts implement the decision? This Article engages in a first-of-its-kind, exhaustive review of the major circuit court decisions citing Loper Bright and analyzes how influential judges, scholars, and justices have characterized the impact of the decision. The Article defines what role Skidmore “deference” and the major questions doctrine should play in judicial review—while seriously questioning the long-term …
Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se,
2025
West Virginia University College of Law
Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran
West Virginia Law Review
Asylum eligibility requires applicants to satisfy a three-pronged set of requirements in order to be granted admission into the United States. In a July 2024 decision, the Second Circuit court issued a decision that challenged a line of precedent established by the Fourth Circuit—specifically examining whether death threats rise to the persecution threshold set by the Immigration and Nationality Act (“INA”). The Second Circuit now holds that the receipt of death threats alone is insufficient to establish persecution, thereby making alien petitioners who have received such threats ineligible for asylum or related forms of relief from removal. In contrast, the …
The Law On Deposits In Singapore,
2025
Singapore Management University
The Law On Deposits In Singapore, Tiong Min Yeo
Singapore Law Journal (Lexicon)
This article traces the development of the law of deposits in Singapore and reviews the restatement of the law in the 2024 landmark decision of the Court of Appeal in Li Jialin v Wingcrown Investments Pte Ltd, as well as some of the issues left open by the decision. It is argued that while the decision has clarified that deposits are not subject to the penalty rule but instead subject to the common law test of reasonableness—with the practical consequence that, with clear drafting, contracting parties can rely on the validity of reasonable deposit clauses without the complication of …
The Guilty Plea Discount: An Elaboration On Singapore’S Guidelines,
2025
Singapore Management University
The Guilty Plea Discount: An Elaboration On Singapore’S Guidelines, Genieve Zhi Yi Wu
Singapore Law Journal (Lexicon)
Over the past two decades, a defining feature of Singapore’s sentencing regime has been the creation of structured sentencing methodology, with the aim of ensuring broad consistency and fairness across offenders. The exercise of judicial discretion in sentencing has largely been guided by statutory frameworks and guideline judgments. However, beyond the legislature and judiciary, an inter-agency body named the Sentencing Advisory Panel has also been formed to issue persuasive but non-binding guidelines. This article focuses on the first set of guidelines issued by the Sentencing Advisory Panel in 2023, concerning the sentencing of accused persons who plead guilty. It explains …
Representation In The Age Of Repression: America’S Real Immigration Crisis Is The Lack Of Representation In Immigration Court,
2025
University of Arkansas Little Rock
Representation In The Age Of Repression: America’S Real Immigration Crisis Is The Lack Of Representation In Immigration Court, Paul Wickham Schmidt
University of Arkansas at Little Rock Law Review
No abstract provided.
Joinder, Not Jurisdiction: Toward A New Theory Of Standing,
2025
Texas A&M University School of Law
Joinder, Not Jurisdiction: Toward A New Theory Of Standing, Adam N. Steinman
Faculty Scholarship
This Article builds on an important development in the Supreme Court’s standing jurisprudence to propose a novel theory that would allow more meaningful access to federal courts while vindicating legitimate separation-of-powers concerns. In its recent decision in TransUnion LLC v. Ramirez, the Supreme Court endorsed a theory of standing based on Article II, writing that litigation between private parties—even when explicitly authorized by Congress—can run afoul of the executive branch’s interest in “how to prioritize and how aggressively to pursue legal actions against defendants who violate the law.” This Article II move has been justifiably criticized. But it is …
Constitutional Futurisms,
2025
Northwestern Pritzker School of Law
Constitutional Futurisms, Jeremiah Chin
Northwestern University Law Review
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
Toward A Perpetual Practice Of Affirmative Action,
2025
Northwestern Pritzker School of Law
Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke
Northwestern University Law Review
Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …
Infrastructure Equality,
2025
Northwestern Pritzker School of Law
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Northwestern University Law Review
The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …
Crisis Convergence,
2025
Northwestern Pritzker School of Law
Crisis Convergence, Sarah Medina Camiscoli
Northwestern University Law Review
Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid,
2025
Northwestern Pritzker School of Law
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan
Northwestern University Law Review
In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …
Not Colorblind,
2025
Northwestern Pritzker School of Law
Not Colorblind, Kimberly West-Faulcon
Northwestern University Law Review
This Essay criticizes the use of the term “colorblind” in reference to attacks on racial diversity, equity, and inclusion (DEI) policies. It argues it is inapt and unconscionably obtuse to use colorblindness terminology to selectively target inclusion-motivated race consciousness for automatic illegality. The Essay’s central project is to examine claims underlying attacks on racial inclusion policies such as the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College lawsuit to expose the legal endgame that anti-DEI forces seek to make a centerpiece of America’s future. In so doing, it surfaces the differential scrutiny of race consciousness …
Standing On Stare Decisis After Students For Fair Admissions,
2025
Northwestern Pritzker School of Law
Standing On Stare Decisis After Students For Fair Admissions, Areeb Asif, Lindsey Roloff
Northwestern University Law Review
The Supreme Court recognized nearly half a century ago in Regents of the University of California v. Bakke that “the ‘nation’s future depends upon leaders trained through wide exposure’ to the ideas and mores of students as diverse as this Nation of many peoples.” Nevertheless, the Court seriously undercut efforts to bring such a future to life by striking down race-conscious admissions programs in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA). Though SFFA’s binding effect is limited to educational institutions, …
Reforming The Indian Bar: The Limits Of Technological Solutions,
2025
National Law School of India University, Bengaluru
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Articles
A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …
Law School News : Spotlight On Trial Advocacy With Jamie Gau, L'16 : Alum And Adjunct Professor Reflects On The Strengths Of Rwu Law's Trial Advocacy Program 08-25-2025,
2025
Roger Williams University School of Law
Law School News : Spotlight On Trial Advocacy With Jamie Gau, L'16 : Alum And Adjunct Professor Reflects On The Strengths Of Rwu Law's Trial Advocacy Program 08-25-2025, Helga Melgar
Life of the Law School (1993- )
No abstract provided.
In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse,
2025
National Law School of India University
In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy
Indian Journal of Law and Technology
A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology. Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable. By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of …
The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness,
2025
CUNY John Jay College
The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter
Student Theses
Prior research has established that mental health court programs play an important role in reducing recidivism and mental health symptoms of defendants. However, there is a lack of understanding of the stigma that justice-involved individuals may encounter upon release from mental health court into the community, and the extent to which the general public is aware of mental health court programs. The present study sought to address public perceptions regarding mental health courts, their efficacy, and their participants based on the awareness and availability of these specialized courts in two similar states (New York and New Jersey), one in which …
August 2025 Annual Report,
2025
Yeshiva University, Cardozo School of Law
August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law
Perlmutter Center Reports
The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.
A Framework For Interpreting Emojis In Legal Contexts,
2025
University of Ottawa
A Framework For Interpreting Emojis In Legal Contexts, Anne Merritt
Dalhousie Journal of Legal Studies
In the 2023 case of South West Terminal Ltd. v. Achter Land & Cattle Ltd., a Saskatchewan court found that a thumbs-up emoji, as a standalone item of communication, constituted the acceptance of a contract between a buyer and seller. The trial judge noted that such communication was “the new reality in Canadian society” for which courts should be prepared to interpret novel units of language arising in the digital age. However, an analysis of recent Canadian cases involving emojis shows that courts have not been prepared, with inconsistencies in how emojis are represented in evidence, how they are …
27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act (Powerpoint Slides) 08-01-2025,
2025
Roger Williams University
27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act (Powerpoint Slides) 08-01-2025, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
