Civil Appeals Mediation Program 2024 Mediation Colloquy: 50 Years Of Building Bridges Through Appellate Mediation,
2025
Yeshiva University, Cardozo School of Law
Civil Appeals Mediation Program 2024 Mediation Colloquy: 50 Years Of Building Bridges Through Appellate Mediation
Cardozo Journal of Conflict Resolution
On December 17, 2024, the Second Circuit Court of Appeals and its CAMP program hosted Justice Sotomayor to celebrate the 50th Anniversary of the establishment of CAMP. During the Colloquy, the 50th Anniversary CAMP documentary video was premiered.
Out From The Shadows: Party Documents In Chinese Courts,
2025
Columbia Law School
Out From The Shadows: Party Documents In Chinese Courts, Benjamin L. Liebman, Eva Gao, Xiaohan Wu, Rachel E. Stern, Margaret Roberts
Faculty Scholarship
The Communist Party’s influence over the Chinese legal system is generally assumed to be behind the scenes, largely invisible to outside observers. Since General Secretary Xi Jinping came to power in 2012, there has been renewed attention within and outside of China to the relationship between the Communist Party and the legal system. Much of this recent writing has emphasized the degree to which Xi’s efforts to affirm Party superiority and break down barriers between the Party and the State reflects a profound shift in governance and a reversal of a decades-long effort to distinguish between Party roles and those …
Fighting For Fairness Where It's Needed Most 09-22-2025,
2025
Roger Williams University School of Law
Fighting For Fairness Where It's Needed Most 09-22-2025, Jane Govednik
Life of the Law School (1993- )
No abstract provided.
Managing Mdls: A Report From The March 2025 Mdl Case Management Convening At Stanford Law School,
2025
Stanford University
Managing Mdls: A Report From The March 2025 Mdl Case Management Convening At Stanford Law School, Nora Freeman Engstrom, Owen Foulkes, Brianne Holland-Sergar
Faculty Journal Articles & Other Writings
Multidistrict litigation (MDL) has quietly become the defining feature of the federal civil docket, now accounting for the majority of all pending cases. Yet the judges tasked with steering these sprawling matters confront an almost impossible assignment: They must manage hundreds of thousands of claims, often with skeletal staffs, little binding guidance, and enormous pressure to deliver both efficiency and justice. This report—produced out of a March 2025 convening sponsored by the Rhode Center at Stanford Law School—confronts that reality head-on. Drawing on candid discussions among leading judges, practitioners, and scholars, it dives into four central tensions that shape MDL …
Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Defendants-Appellants: Roy V. Darren Patterson Christian Academy,
2025
Washington and Lee University School of Law
Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Defendants-Appellants: Roy V. Darren Patterson Christian Academy, Catherine Smith, Tanya M. Washington, Robin Walker Sterling, Jeremiah Chin, Sara S. Hildebrand
Scholarly Articles
Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the harms that four-year-olds in the LGBT community – LGBT children and children with LGBT parents – would bear should state-funded religious schools be granted a license to discriminate against them. An exemption to the Colorado Universal Preschool Program’s equal opportunity requirement would allow plaintiffs to discriminate against these children and raise unfair barriers in their paths to a high-quality education. An exemption would also inflict dignitary, psychological, and familial harms upon an entire class of young people – …
Wright V. Talamantes,
2025
Yeshiva University, Cardozo School of Law
Wright V. Talamantes, Center For Rights And Justice
2025–2026 Flyers
Carolyn Kubitschek, Robert Mantel and Professor Alex Reinert will serves as moot judges for Michael Moore, an attorney who will be arguing an appeal in Wright v. Talamantes, a civil right case in the United States Courts of Appeals for the 9th Circuit. Wright involves the constitutionality of an intrusive strip search of a minor without parental consent.
Chapter 9 Bankruptcy: The Solution That Causes Problems,
2025
Brooklyn Law School
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a little-known form of bankruptcy called a “Chapter 9,” reserved for insolvent cities, villages, and other municipalities. Occasionally, one reads about a city or a county that has filed for Chapter 9 relief, like Detroit, Michigan, or Orange County, California; however, it is very hard to file a Chapter 9 case, in part, because existing law requires a municipality to obtain permission from its home state before it can file for relief in the U.S. Bankruptcy Court. An additional constraint is that the only option municipalities have when seeking bankruptcy relief is to file a Chapter 9 because …
Wine Unwelcome: The Constitutional Contours Of Wine Regulation,
2025
Brooklyn Law School
Wine Unwelcome: The Constitutional Contours Of Wine Regulation, Alexander Fallone
Brooklyn Journal of Corporate, Financial & Commercial Law
Wine retail shops face a dizzying labyrinth of state laws that severely restrict their ability to ship wine to out-of-state consumers. While the dormant Commerce Clause would normally strike down laws that impose restrictions on interstate commerce, wine (and alcoholic beverages) must contend with Section Two of the Twenty-first Amendment, which gives the states control over the importation and distribution of wine intending to be consumed within their borders. Court of Appeals cases interpreting Supreme Court precedent on the tension between the dormant Commerce Clause and Section Two have practically stripped the dormant Commerce Clause of any power. This Note …
Court Appointed Monitorships: Effective Remedy Or Modern Misstep?,
2025
Brooklyn Law School
Court Appointed Monitorships: Effective Remedy Or Modern Misstep?, Jean Joun
Brooklyn Journal of Corporate, Financial & Commercial Law
When a corporate entity or organization violates the law, there are several remedies the courts may enforce against the bad actor. Most common are damages—both compensatory and punitive—and injunctive relief. The class of injunctive relief that most are familiar with is the kind that restrains the bad actor from a conduct or behavior. However, courts in certain instances may decide, either on their own volition or after being asked to consider such a remedy by a prosecuting entity, to appoint a compliance monitor with the function of ensuring that the bad actor continues traversing a legally sound path. Although court-ordered …
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 …
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, …
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 …
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 …
