Legal Writing and Research Commons^™

Considering The Child’S Wishes—But How? Allowing Children To Speak In Their Custody Matters, Joshua Hanson

Dickinson Law Review (2017-Present)

In the United States, states universally may consider the child’s wishes when determining their custody placement. While their decision or preference is not binding for the judge, it allows the child meaningful participation in decisions that directly affect them. There are many ways courts can ensure a child’s voice is heard: through an interview with the judge, professional evaluations, child advocates, and even child-inclusive mediation. Yet state laws give judges broad discretion when determining how to weigh the child’s wishes.

This discretion will inevitably leave some children behind without having their voices heard. Allowing children meaningful participation in their custody …

Just To Be Safe, Let’S Keep Ignoring What “Arms” Meant In 1791, Jack Thorlin

Dickinson Law Review (2017-Present)

The Supreme Court held in District of Columbia v. Heller and reaffirmed in New York State Rifle & Pistol Ass’n v. Bruen that “arms,” referred to in the Second Amendment, are common weapons useful for lawful purposes. The majority argued that militiamen fought with whatever common weapons they had on hand for civilian purposes, such as self-defense and hunting. Therefore, under Heller, only those weapons are covered by the Second Amendment. However, Heller did little to ground the “self-defense” theory of “arms” in original public meaning or even actual history. Commonality and lawful purpose have proved difficult for lower …

Is There A Librarian In The House? Researching Federal And Virginia State Health Law, Andrew J. Christensen

Library Scholarship

Health law is a complex and diverse practice area, encompassing issues ranging from insurance law and patient privacy to medical malpractice and vaccine law. Researching health law thus entails a combination of primary and secondary resources, statutory and regulatory updates, and often a nuanced or multijurisdictional understanding of healthcare policy. For both career specialists and lawyers who are new to the field, finding accurate, current information on both federal and state-specific health laws is critical.

Luckily, the librarian is in. This guide highlights key resources and practical strategies for effectively researching federal and Virginia health law, tailored to legal practitioners …

Pictures Of A Revolution: Administrative Law In A Time Of Change, Shalev Gad Roisman, Oren Tamir

Michigan Law Review

A review of multiple supplements and updates to several different titles and editions.

Response To Petition For Rehearing En Banc, Felicia M. Sonmez V. Wp Company Llc Et Al, Madeline H. Meth, Brian Wolfman, Becca Steinberg, Regina Wong, Elizabeth Brownstein, Nathaniel Allen Deacon

Faculty Scholarship

Felicia Sonmez alleges that the Washington Post violated the D.C. Human Rights Act by banning her from covering certain stories because she is a woman and a sexual-assault survivor. Op. 2-3. After finding Sonmez’s detailed allegations plausible, a panel of this Court rejected as premature the Post’s First Amendment defense that its decision was driven not by discrimination but by a desire to maintain an appearance of objectivity. Op. 4. Because “what actually motivated the Post editors to impose the bans on Sonmez is a factual question,” the panel held, the Post’s First Amendment defense could not be resolved on …

Interesting Intersections Of Immigration And First Amendment Law, David L. Hudson Jr., Maximiliano Gluzman

Law Faculty Scholarship

This article examines the complex and evolving intersections between immigration law and the First Amendment, identifying four doctrinal areas in which free speech claims arise prominently. First, it analyzes historical and contemporary grounds of inadmissibility and deportability based on speech, including ideological exclusions targeting anarchists and communists, and considers the continuing influence of the plenary power doctrine. Second, it explores retaliatory deportation claims, in which noncitizens allege that removal proceedings were initiated or accelerated in response to protected political advocacy, highlighting the chilling effects such actions may impose on core political speech. Third, the article evaluates constitutional challenges to federal …

Calderbank Offer Sebagai Instrumen Untuk Meningkatkan Efisiensi Di Bani Arbitration Center, Lalu Adhim, Sinta Dewi, Mursal Maulana

Jurnal Hukum & Pembangunan

This article explores the shifting landscape of international arbitration, traditionally valued for its efficiency. Today, increased costs and prolonged dispute resolution processes change this perception. The article introduces the Calderbank offer, a strategic instrument from common law that promotes early settlement. By integrating civil law’s adversarial approach and practice to settle with settlement offer in common law, this concept aligns with peace theory and could enhance efficiency in BANI Arbitration Center. This instrument allows arbitral tribunals to impose cost penalties on parties who reject settlement offers and subsequently fail to achieve a more favorable award. In this research, the authors …

Cumulative Index (1908-1982), Orlando E. Delogu

Maine Law Review

No abstract provided.

Cardozo Law News Brief: March 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 21, 2025 Cardozo Law News Brief include:

• Daniel J. Dominguez ’05 honored at the 15th Annual BALLSA Celebration, where three students also received awards.

• Professor Matthew Wansley quoted in The New York Times on Tesla’s permit for robotaxi services in California.

• Professor Zalman Rothschild published an opinion piece in The Washington Post about Hasidic education and the right to secular learning.

• Professor Haiyun Damon-Feng discussed immigration authority and birthright citizenship in Bloomberg Law and the Miami Herald.

• Professor Saurabh Vishnubhakat published in Nature Biotechnology and presented at major conferences on trade secrets and IP law.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Cardozo Law News Brief: March 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 14, 2025 Cardozo Law News Brief include:

• Professor Matthew Wansley spoke to The Washington Post about safety concerns with Zoox’s self-driving vehicles.

• Professor Haiyun Damon-Feng wrote in Slate on the Trump administration's immigration actions against children.

• Professor Michael Herz discussed constitutional spending powers in Fortune.

• Professor David Rudenstine published an op-ed in the New York Law Journal defending press freedoms.

• Professor Lindsay Nash was interviewed by The New Yorker and Zeteo on immigration and due process rights.

• Adjunct Professor Gary Galperin analyzed a pretrial motion in Business Insider.

• Faculty scholarship updates include:

  • Professor Emmanuel …

    ---

    Go to article

Cardozo Law News Brief: March 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 7, 2025 Cardozo Law News Brief include:

• Scientist Zafra M. Lerman received the International Advocate for Peace Award at Cardozo and spoke on science education as a human right.

• Professor Jessica Roth was quoted in The New York Times on internal tensions at the Justice Department.

• Professor Matt Wansley spoke to The Washington Post about Tesla’s self-driving taxi plans.

• Professor Andrea Schneider commented in Business Insider on U.S.-Ukraine Oval Office negotiations.

• Professor Peter Markowitz discussed immigration enforcement in Newsweek and The Boston Globe.

• Faculty updates include:

  • Professor Barbara Kolsun’s book The Business and Law of …

    ---

    Go to article

Petition For Initial Hearing En Banc, United States V. Michael Norwood, Becca Steinberg, Brian Wolfman, Regina Wong, Madeline H. Meth, Sara Brizio, Elizabeth Brownstein, Shreya Sarin

Faculty Scholarship

This appeal involves a question of exceptional importance because it implicates binding circuit precedent that directly conflicts with the United States Sentencing Commission’s exercise of statutorily delegated authority. Congress expressly charged the Commission with promulgating policy statements and guidelines establishing, among other things, a framework governing compassionate release of federal prisoners. 28 U.S.C. § 994(a), (t). So, when Congress provided that district courts could consider a sentence reduction if warranted by “extraordinary and compelling reasons,” 18 U.S.C. § 3582(c)(1)(A), Congress did not define that phrase. Instead, it directed the Commission to do so. 28 U.S.C. § 994(t).

The Commission did …