Legislation Commons^™

The Erosion Of Journalists’ Freedoms In A Time Of Populism And Illiberalism, Gemma Horton Dr.

International Journal on Responsibility

Recently, Europe has seen the various freedoms that journalists enjoy becoming undermined by governmental efforts to regulate free speech and journalistic freedom. The role of journalists to report on all matters of public interest, a responsibility emphasised by the European Court of Human Rights (ECtHR), is under attack during a time of escalating populist sentiment. This article will examine the importance of journalistic responsibility in relation to free speech in challenging environments that journalists are facing across Europe. Firstly, it will examine the typical role that journalists have played in society and the responsibilities that they hold. Secondly, it will …

Deepfakes As Tools For Domestic Violence: Toward A Comprehensive Federal Response To Nonconsensual Deepfake Intimate Imagery, Laura Reitze

Washington and Lee Law Review Online

The rise of deepfake technology poses a novel and uniquely insidious manner of perpetrating domestic violence. Nonconsensual intimate imagery (NCII) abuse and “sextortion” are nothing new. But the increasing accessibility of deepfake technology makes it easier for abusers to carry out these forms of violence, sometimes simply with access to publicly available images of a person. As the technology rapidly evolves, the law has struggled to keep up.

This Note explores how existing law inadequately addresses emerging deepfake technology as it relates to domestic violence. Noting the origins of deepfakes in NCII, it begins with an exploration of the connection …

Sovereign Immunity After Galette V. New Jersey Transit Corporation: A Chance To Protect All Higher Education Students From Fraudulent, Unfair, And Deceptive Practices, Chris Bryant, Daniel A. Zibel

Fordham Law Review Online

In recent years, increasing financial pressures on colleges and universities have driven many institutions to focus heavily on strategies to increase institutional revenue. Although strategies vary, many institutions have undertaken partnerships with private companies. Some institutions have adopted recruitment and enrollment tactics traditionally associated with for profit colleges, while others have simply acquired for-profit colleges.

The increased focus on revenue maximization by public and nonprofit institutions is not without risk to students. But in many places, the law creates a dichotomy: when students at public institutions fall victim to unfair or deceptive practices from those schools, they generally have fewer …

Joinder’S Diversity Asymmetry, Jason J. Jarvis

Fordham Law Review

In federal diversity cases, plaintiffs are barred from joining nondiverse supplemental parties or claims under 28 U.S.C. § 1367(b). Defendants, however, can expand the case without the same restriction. Section 1367(b) codified the U.S. Supreme Court’s concern in Owen Equipment & Erection Co. v. Kroger: Plaintiffs might so prefer federal court that they would “sneak” nondiverse parties in by hiding them until after diversity jurisdiction is established, only then springing them on unsuspecting courts and defendants. This Article challenges the justification for that asymmetry in three ways.

First, it explores the history of the asymmetry, starting with how joinder …

Controlling Shareholder Primacy, Naveen Thomas

Fordham Law Review

In just eight months, Delaware’s legislature upended over fifty years of corporate law. Its courts had long upheld shareholder primacy, treating shareholders equally in proportion to their ownership. But after several controversial decisions reinforced this principle, sudden amendments to the corporate code shifted the law toward a distinct paradigm: controller primacy.

While motivated by legitimate concerns, the legislation went too far, threatening to fundamentally realign corporate power and purpose. Contrary to shareholder primacy, the new regime disproportionately prioritizes controlling shareholders above all others. It authorizes contracts that cede the board’s managerial authority to controllers, insulates their self-dealing from shareholder approval …

Crossing The Toll Bridge: American Pipe And The Fate Of State Law Claims After Class Certification Denial In Federal Court, Alexander Schnur

Fordham Law Review

Rule 23(c)(1)(A) of the Federal Rules of Civil Procedure (FRCP) provides that, “At an early practicable time after a person sues . . . as a class representative, the court must determine by order whether to certify the action as a class action.” In American Pipe & Construction Co. v. Utah, the U.S. Supreme Court addressed the interplay of this FRCP 23(c)(1)(A) class certification decision and statutes of limitations, holding that the commencement of a putative class action suspends the statute of limitations for putative class members while class certification is pending. Over the last fifty years, the American …

Ai And Legal Malpractice: Are We Due For A Reckoning?, John Browning

Texas A&M Law Review

As the rate of AI adoption by lawyers steadily climbs, unfortunately so has the number of incidents of AI misuse by attorneys. For some time, courts satisfied themselves with giving offending lawyers warnings, ordering them to take additional CLE, and/or administering relatively nominal monetary sanctions. Lately, however, frustrated judges throughout the country have upped the ante by not only assessing increasingly higher sanctions but also imposing case dismissals and suspensions or disciplinary referrals for the lawyers involved. As this article discusses, with their negligence exposed to the public eye and the harsh gaze of their clients, lawyers who misuse AI …

The Dormant Territorial Clause, Anthony M. Ciolli

St. John's Law Review

(Excerpt)

This Article explores the metes and bounds of the Dormant Territorial Clause, that is, the implicit constitutional limitation on state authority to address issues that implicate United States territories but otherwise fall within the traditional purview of state government. Part I explores the threshold question of whether a Dormant Territorial Clause even exists, ultimately concluding that the explicit positive grant of power to Congress to make needful rules and regulations for the territories must restrict the authority of state governments, even when Congress has not expressly acted. Part II then ascertains the principles that should apply to a Dormant …

Reckless Accomplices, Ben A. Mcjunkin

Northwestern University Law Review

In recent years, criminal prosecutors have pursued homicide charges against the parents of teenaged school shooters. Two high-profile cases—one from Michigan and one from Georgia—provide paradigmatic examples. In each case, the parents provided their children with weapons and ammunition despite obvious signs of each child’s dangerousness and instability. Criminal liability for such reckless conduct is appropriate. But homicide charges are not. This Article critiques this new trend in prosecutions as distorting the substantive criminal law to obtain an outcome that is otherwise unavailable without criminal code reform.

It is a long-held criminal law tenet that intentional wrongful conduct by one …

Fake News From Fake Dudes: Why State Statutes Regulating Political Deepfakes Are Both Necessary And Constitutional, Jay Kennedy

Northwestern University Law Review

As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for …

Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller

Fordham Law Review

In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

The Alien Enemies Act Of 1798, Andrew Kent

Fordham Law Review

For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …

Containing The Explosion: Proposed Tort Reform To Address Nuclear Jury Verdicts In Texas, Jax Harvey

St. Mary's Law Journal

No abstract provided.

Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske

St. Mary's Law Journal

No abstract provided.

Child Welfare History Of Prison Inmates Would Provide Meaningful Data For Foster Care Policy Research And Planning, Maggie Zehring

Student Scholarship

Child welfare intervention in the United States continues to operate distinctly different in each states and community without a full picture of the overall system’s efficacy. While federal and state agencies collect extensive information on children’s movement in and out of the foster care system and related adjudication, there lacks a nationwide understanding of how kids fare after exiting the system. This note argues that Departments of Correction (DOC) nationwide should collect child‑welfare history from incarcerated individuals as part of existing intake procedures and regularly communicate the data for the federal Children’s Bureau to aggregate for longitudinal analysis of foster …

Status Quo Bias Dalam Reformasi Hukum Acara Pidana Di Indonesia: Kegagalan Penguatan Pengawasan Pengadilan (Judicial Scrutiny) Yang Lebih Optimal, Choky Risda Ramadhan, Abni Nur Aini, Dheliana Khairunisa

The Indonesian Journal of Socio-Legal Studies

Pretrial proceedings (Praperadilan), as a form of judicial scrutiny, function as a control mechanism over the actions of law enforcement officials to prevent abuses of power. This mechanism was introduced in the 1981 Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) and re-regulated in the 2025 KUHAP. However, numerous studies and focus group discussion with legal scholars and law enforcement officers have documented structural weaknesses in Praperadilan, prompting calls to reform judicial scrutiny in order to more effectively limit law enforcement authority and protect the human rights of individuals involved in criminal proceedings. During the Reform era (2004–2025), proposals …

“When I’M Not Heard, I Feel Like I Don’T Matter”: Advancing Equity In Disability Policy Through Critical Participatory Action Research With People With Intellectual Disability, Cris Marchionne

Student Theses

People with intellectual disability deserve a system that offers flexible, timely, and person-centered support — one that is innovative, sustainable, and holistic in enabling them to live fulfilling lives. This qualitative study, grounded in Critical Participatory Action Research (CPAR), examines how people with intellectual disability experience participation in decision-making within New York State's disability service system. By centering lived experience, the study identifies factors that facilitate or hinder participation in decision-making and examines structural, social, and policy-related barriers that limit agency. Through six focus groups and a Photovoice project with self-advocates receiving OPWDD services, participants described systemic barriers that limited …

Child Labor And State Constitutionalism, Andrew Hammond, Helen Hershkoff

Northwestern University Law Review

Almost ninety years after Congress banned “oppressive” child labor as part of the Fair Labor Standards Act, employers are pushing state legislatures to let them put children to work in dangerous poultry plants, at hazardous construction sites, and during late shifts on school nights. Perversely, calls to rollback federal protections are camouflaged in the rhetoric of parents’ rights, casting child labor regulation as intrusive, paternalistic, and even socialist—echoing the same corporate arguments used a century ago when the Child Labor Amendment to the U.S. Constitution went down in defeat. These arguments mask the desperate economic circumstances of a parent claiming …