Legal Remedies Commons^™

Premium Injustice: Addressing The Harms That Cash Bail Premiums Inflict On The Non-Convicted, Jeffery L. Young

Mitchell Hamline Law Review

No abstract provided.

Voluntary Legal Obligations: From Contract To Cohabitation, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Although cohabitants often live together in ways indistinguishable from those who are married, the law treats them differently than it does spouses. In Toward a Private Law of Intimates’ Obligations, Emily Stolzenberg asks why, identifies the need for reform, and brings the law of cohabitation into conversation with recent work in private law theory. This Response builds on Stolzenberg’s excellent article to think more about the different types of obligations involved in contract, marriage and cohabitation. Although the moral and legal obligations attaching to these relationships are all voluntary, they exhibit different degrees of choice-dependence, and choice figures into …

Clawbacks As Ransomware Deterrence, Samantha Blond

Oklahoma Law Review

No abstract provided.

Anti-Slapp Confusion: Should Federal Courts Permit Interlocutory Appeal For Anti-Slapp Motions?, Mitchell L. Grantham

Oklahoma Law Review

No abstract provided.

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 …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

An AI-powered tool recently mimicked Warren Buffett's image and voice so convincingly that even his own family could have been deceived. This striking example highlights the transformative potential of voice cloning and deepfakes. This innovative technology leverages artificial intelligence (AI) to create hyper-realistic audio and video content. By blurring the boundaries between authenticity and synthetic creation, deepfakes make it possible to fabricate moments that never occurred. Recent advancements in AI and user-friendly software have made deepfakes more accessible andfurther contributed to the proliferation of deepfakes, enabling even individuals with minimal technical skills to produce compelling deepfakes at little to no …

Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma

Fordham Law Review

Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …

Roman V. City Of Providence, 333 A.3d 74 (R.I. 2025)., Alexander I. Sanchez

Roger Williams University Law Review

No abstract provided.

Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa

Scholarly Works

No abstract provided.

Workplace Retaliation And The Intersection Of Protected Conduct And Job Performance, Chris M. Schmidt

Arkansas Law Review

A host of statutory schemes seek to ensure equal employment opportunities in the United States by eradicating workplace discrimination (“EEO laws”). Consider two foundational pillars necessary for these EEO laws to strike the desired balance between individual rights and workplace efficiency. First, employees require robust protection from retaliation if they engage in protected conduct—for example, by reporting perceived discrimination. Second, employers can—and ideally, should—make employment decisions based on how an employee performs the job.

The interests in robust protection and performance-based decision-making serve the purposes of our EEO laws and are well-established. Rarely do they conflict (to the contrary, they …

Conservatorship: An Enabler Of Involuntary Servitude, Jesse Long

Arkansas Law Review

What happens when the conflict of interest relates to the conservatee’s substantial talents and their potential earnings? In this circumstance, a conservator has a perverse incentive to profit off of and coerce their conservatee into labor which serves to benefit the conservator—a kind of involuntary servitude that would seem to implicate the plain text of the Thirteenth Amendment of the United States Constitution.

This Note proceeds in three parts. Part I describes the history of conservatorships, why they were created, and the problematic issues that have arisen from the conservatorship system. Part II analyzes how the lack of meaningful judicial …

Standing In The Dark, Sharon Brett

BYU Law Review

Demonstrating standing for injunctive relief in § 1983 police misconduct cases is undisputedly difficult for civil rights plaintiffs. Under City of Los Angeles v. Lyons, plaintiffs seeking injunctions must present more than evidence of past misconduct; they must show a significant ongoing risk that they will experience the same misconduct again. Scholarly attention to Lyons has focused primarily on doctrinal errors in the Court’s legal analysis, and for good reason. But the case raises another important yet overlooked question: Can civil rights plaintiffs realistically demonstrate risk of future harm given (a) the limited data kept by law enforcement about their …

Rules Of Decision, Judicial Power, And The Valid Rule Requirement, John Harrison

Catholic University Law Review

Some current Supreme Court debates that concern seemingly specialized issues raise fundamental questions about the role of the Constitution in the legal system and the role of the courts when they decide constitutional issues. In recent years, Justice Thomas has suggested that the doctrines of First Amendment overbreadth, so-called third-party standing in cases involving constitutional liberty, and statutory inseverability call on federal courts to exceed their role under Article III. Justice Thomas maintains that when courts apply those doctrines, the courts decide cases not before them. Building on the work of Professor Henry Monaghan, this article argues that those concerns …

Rethinking Judicial Power & Remedial Restraint, Caprice L. Roberts

Catholic University Law Review

This Article maintains that groundbreaking Supreme Court cases reshaping judicial power and restraint are frequently remedies centric. The much- anticipated ruling in Trump v. CASA illustrates this correlation. Interpreting traditional equity, the Supreme Court circumscribed federal judicial power to issue universal relief. The Court relied on Marbury v. Madison to bolster its reasoning on the limits of judicial power. Ironically, both cases denied any remedy while enhancing the potential for future judicial power. Whether via judicial review and supremacy power or the Court’s future ability to now be the only federal court able to issue universal remedies—the Court’s role in …

Professor Yvette Butler Named 2026 Recipient Of Derrick A. Bell, Jr. Award, Maurer School Of Law - Indiana University

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Yvette Butler has been selected as the 2026 recipient of the Derrick A. Bell, Jr. Award, the Association of American Law Schools (AALS) Section on Minority Groups announced late Friday (Dec. 12).

“Professor Butler’s commitment to advancing racial justice and elevating the voices of marginalized communities embodies the highest ideals of our profession,” said Indiana Law Dean Christiana Ochoa. “Her work reflects the courage, clarity of purpose, and unwavering advocacy that defined Derrick Bell’s legacy. We are immensely proud to see her recognized with this award and look forward to the continued impact …

The Reasonability Rule For Medical Damages In Tort: In Defense Of Chargemaster Recovery, Avery E. Tunstill

Washington Law Review

In a personal injury suit, Washington law requires the plaintiff to prove that their medical costs are reasonable to recover damages for those costs. Tort reform proponents attempt to use this reasonability rule to limit tort damages awards. They argue that a plaintiff should only recover a portion of a hospital’s bill because most people do not pay a hospital’s sticker price—or the “chargemaster rate”—for medical care. Some reformers argue that recovery rates should instead be based on a set figure. Others argue in favor of eliminating the collateral source rule, which prohibits juries from reducing tort damages awards in …

Lawyers' Client-Inclusive Negotiations: The "New Mediation"?, Nancy A. Welsh, Donna Shestowsky

Faculty Scholarship

When proponents initially urged the courts to institutionalize mediation for the resolution of general civil cases, they argued that the procedure would be superior to trial—and also to lawyers’ settlement negotiations—in terms of parties’ exercise of self-determination, satisfaction with outcomes, and opportunity for voice. These claims, however, rested on certain assumptions, particularly regarding the implementation of mediation and lawyers’ settlement negotiations. In mediation, the parties were to take center stage, with the mediator assisting them by facilitating their communication and negotiation so that they could reach a customized resolution. Lawyers’ settlement negotiations in general civil litigation, meanwhile, were assumed to …

Defending Form Contract Consent, Wayne R. Barnes

Faculty Scholarship

The issue of standard form contracts has bedeviled Contracts scholars for a century. The basic problem has long been known. Contract is supposed to be a quintessentially consensual activity, whereby both parties are operating with full knowledge and comprehension of the array of terms and conditions being negotiated and agreed to. But by employing standard forms replete with boilerplate fine print, companies have created a regime whereby it is most likely irrational for consumers to bother reading the terms before consenting to the transaction. The existing “duty to read” doctrine is that consumers fully consent to all terms when they …

Mississippi Redistricting And The Voting Rights Act: An Historical Supplement, Leslie H. Southwick

MC Law Review

No abstract provided.