Duke Law School
Fordham University School of Law
University of Maryland Francis King Carey School of Law
University at Albany, State University of New York
Brooklyn Law School
Seattle University School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
University of Georgia
National Center on Sexual Exploitation, USA
Northwestern Pritzker School of Law
Clickwrap Accountability,
2026
The George Washington University
Clickwrap Accountability, Alicia Solow-Niederman
Fordham Law Review
Picture a public‑facing generative artificial intelligence (AI) chatbot on a government website that can answer questions about benefits eligibility. Systems like these expose a sociotechnical-legal divide: They route around the standard due process framework because there has been no formal government determination, yet they induce reliance from users, above and beyond past rounds of automated legal guidance. Moreover, if there is an error, current doctrine on government errors and equitable estoppel makes relief unlikely.
This Essay focuses on government deployment of public‑facing generative AI chatbots and critically assesses the front‑end power dynamics that determine who is filtered out of government …
Algorithmic Models And The Freedom Of Speech,
2026
Florida State University College of Law
Algorithmic Models And The Freedom Of Speech, Alexander Tsesis
Fordham Law Review
Intentionality and reason are intrinsic features of the human mind that large language models (LLMs) entirely lack. Although LLMs generate natural-language sentences through algorithmic processes, autonomously produced machine speech lacks the consciousness of human speakers. This intrinsic distinction between natural persons and artificial machines is consequential to whether LLM-generated outputs are covered by the First Amendment. Scholars who equate the constitutional value of human speech with algorithmic outputs tend to emphasize the informational value of those outputs to audiences while giving insufficient attention to the absence of machine consciousness. The conscious underpinnings of thought and their relation to constitutional protections …
The Role Of Reliance In Stare
Decisis Doctrine,
2026
Fordham University School of Law
The Role Of Reliance In Stare Decisis Doctrine, Rochelle Hestnas
Fordham Law Review
The U.S. Supreme Court’s recent treatment of reliance interests in stare decisis doctrine is in flux. The Court has overruled long-standing precedent such as Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with scant analysis as to how reliance interests factor into stare decisis doctrine, despite continuing to name reliance as a factor that should be considered. Arguments for whether and how reliance interests deserve protection are inherently challenging because it cannot be the case that every precedent should stand. Using Dobbs v. Jackson Women’s Health Organization as a case study, this Note analyzes the Court’s claim …
Justice Lost And Found Playlist,
2026
University of Nebraska - Lincoln
Justice Lost And Found Playlist, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Oh No, Don't Let The Rain Come Down...,
2026
University of Nebraska - Lincoln
Oh No, Don't Let The Rain Come Down..., Mervyn Bennun
Nebraska Journal on Advancing Justice
No abstract provided.
The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability,
2026
Marquette University
The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke
Nebraska Journal on Advancing Justice
No abstract provided.
Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training,
2026
University of Arizona
Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane
Nebraska Journal on Advancing Justice
No abstract provided.
Introduction,
2026
University of Nebraska - Lincoln
Introduction, Katherine M. Houlden
Nebraska Journal on Advancing Justice
No abstract provided.
Volume 3, Issue 1 Masthead,
2026
University of Nebraska - Lincoln
Volume 3, Issue 1 Masthead, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Officer-Created Jeopardy In Corrections: Rethinking Use-Of-Force Review After Barnes V. Felix,
2026
University of Georgia School of Law
Officer-Created Jeopardy In Corrections: Rethinking Use-Of-Force Review After Barnes V. Felix, Dr. Hayden Smith
Georgia Criminal Law Review
Courts typically evaluate correctional uses of force by zooming in on the last seconds before impact, asking what an officer reasonably perceived at the “moment of threat.” That frame obscures a basic feature of jail and prison operations: officers’ pre-force tactical choices often create or sharply heighten the risks that force is later used to manage. Building on Barnes v. Felix’s rejection of a rigid moment-of-threat rule and the broader state-created-danger line, this Article argues that officer-created jeopardy should be treated as a central component of constitutional and institutional review in corrections. It shows how Barnes, read alongside DeShaney, Kingsley, …
Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case,
2026
Northeastern University School of Law
Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom
Michigan Journal of Race and Law
With the question of birthright citizenship before the Supreme Court this term in Trump v. Barbara, this Article explores the last time that federal courts confronted an attempt to restrict birthright citizenship. It tells the story of two lawsuits, Regan v. King and Fisk v. Wade, filed in 1942 by organizations seeking to overturn United States v. Wong Kim Ark, the 1898 Supreme Court decision that affirmed the broad scope of birthright citizenship under the Fourteenth Amendment. While the cases left little mark doctrinally, their history sheds light on a dimension of birthright citizenship litigation that has …
The Vanishing Voice: Juror Disenfranchisement In Capital Cases And The Erosion Of Constitutional Protections,
2026
Esq. Assistant Professor of Law, Barry University
The Vanishing Voice: Juror Disenfranchisement In Capital Cases And The Erosion Of Constitutional Protections, Yacenda Hudson
Michigan Journal of Race and Law
After years of battling to have an uninfringed right to vote and participate on a jury panel, the removal of the unanimity requirement for a death penalty recommendation threatens to disenfranchise minority jurors, thereby implicating the Sixth and Fourteenth Amendments. The death penalty is one of the most controversial issues in our society, and it has evolved over time. Due to a paradigm shift in beliefs, the death penalty’s constitutionality was challenged under the Eighth and Fourteenth Amendments. Pivotal legal decisions, such as Furman v. Georgia and Hurst v. Florida, required states to institute changes to the death penalty. …
Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine,
2026
Northwestern Pritzker School of Law
Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine, Martha F. Davis
Northwestern University Law Review
In Geduldig v. Aiello (1974), the U.S. Supreme Court held that pregnancy discrimination does not constitute sex discrimination. The decision’s constitutional logic has recently been applied in Dobbs v. Jackson Women’s Health Organization and United States v. Skrmetti. Yet over five decades, state courts have overwhelmingly rejected Geduldig’s rationale—both in construing state employment discrimination statutes and in interpreting state constitutional equality provisions. Courts in at least sixteen states have rejected Geduldig’s rationale in construing state employment discrimination laws, while only four states have followed it. Of the ten states with Equal Rights Amendments that have addressed whether …
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy,
2026
Washington and Lee University School of Law
Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin
Scholarly Articles
This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.
Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …
