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Headnote

AI Tools for Lawyers: A Practical Guide

By Daniel Schwarcz & Jonathan H. Choi | October 27, 2023

By Daniel Schwarcz & Jonathan H. Choi. Full Text. This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is widely available at the time of this writing—it emphasizes that…

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Headnote

Property as a Legitimating Right

By Duncan Hosie | November 21, 2023

By Duncan Hosie. Full Text. Recent decisions from the Roberts Court have strengthened property rights, and progressive commentators and jurists have reacted with alarm. In light of these constitutional developments, this Essay revisits the landmark 2003 case of Goodridge v. Department of Public Health, which made Massachusetts the first state to recognize a right to…

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Headnote

Still on the Hook: Forward-Looking Releases Reel-in Potential Risks in Mergers and Acquisitions

By Mark T. Wilhelm & Madison Fitzgerald | December 20, 2023

By Mark T. Wilhelm & Madison Fitzgerald. Full Text. A recent study that analyzed more than 2,100 private-target acquisitions found that 65% of those transactions were structured with a separate signing and closing. While the number of days between signing and closing inevitably varies on a deal-by-deal basis, a prolonged executory period only intensifies concerns…

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Headnote

The Right to Counsel for Habeas Proceedings

By Amy Cohen | December 21, 2023

By Amy Cohen. Full Text. Federal habeas is often the last avenue of relief for both federal and state prisoners. The Framers thought the right to the writ of habeas corpus was so established in law that its only reference in the Constitution is under what conditions the right may be suspended. Yet, most habeas…

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Article

Can the Excessive Fines Clause Mitigate the LFO Crisis? An Assessment of the Caselaw

By Michael O'Hear | February 21, 2024

By Michael O’Hear. Full Text. The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One…

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Article

Subjective Costs of Tax Compliance

By Jonathan H. Choi and Ariel Jurow Kleiman | February 21, 2024

By Jonathan H. Choi and Ariel Jurow Kleiman. Full Text. This Article introduces and estimates the “subjective costs” of tax compliance, which are costs of tax compliance that people experience directly and individually. To measure these costs, we conducted a survey experiment assessing how much taxpayers would pay to reduce the unpleasantness associated with filing…

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Article

Making Whole, Making Better, and Accommodating Resilience

By Erik Encarnacion | February 21, 2024

By Erik Encarnacion. Full Text. The conventional story about compensatory damages is that they aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from compensatory awards because otherwise plaintiffs would be unjustly enriched. This Article undermines this conventional wisdom in three ways. First, it highlights…

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Article

The Roberts Court and the Unraveling of Labor Law

By Courtlyn G. Roser-Jones | February 21, 2024

By Courtlyn G. Roser-Jones. Full Text. Labor law comprises several doctrines and procedures that oversee the relationships between employers, unions, and the workers they represent. These doctrines—the duty of fair representation, exclusivity, good-faith bargaining, captive-audience speech, and rights of equal access—are all component threads to a tapestry designed to facilitate widespread organizing and collective bargaining.…

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Article

Multi-Parent Custody

By Jessica Feinberg | February 21, 2024

By Jessica Feinberg. Full Text. In recent years, a number of jurisdictions have enacted laws recognizing that a child may have more than two legal parents (multi-parentage). Recognition of multi-parentage represents a significant change to the legal framework governing parentage— for most of U.S. history, it was well established that a child could have a…

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Note

Throuples and Family Law

By Philip de Sa e Silva | February 21, 2024

By Philip de Sa e Silva. Full Text. As throuples and other forms of polyamorous relationships gain visibility and acceptance, courts will have to confront the legal issues that will likely arise when a throuple forms and when it dissolves. How should courts determine child custody for three equally situated parents? How should courts divide…

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Articles, Essays, & Tributes

Can the Excessive Fines Clause Mitigate the LFO Crisis? An Assessment of the Caselaw

February 21, 2024

By Michael O’Hear. Full Text. The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One…

Subjective Costs of Tax Compliance

February 21, 2024

By Jonathan H. Choi and Ariel Jurow Kleiman. Full Text. This Article introduces and estimates the “subjective costs” of tax compliance, which are costs of tax compliance that people experience directly and individually. To measure these costs, we conducted a survey experiment assessing how much taxpayers would pay to reduce the unpleasantness associated with filing…

Making Whole, Making Better, and Accommodating Resilience

February 21, 2024

By Erik Encarnacion. Full Text. The conventional story about compensatory damages is that they aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from compensatory awards because otherwise plaintiffs would be unjustly enriched. This Article undermines this conventional wisdom in three ways. First, it highlights…

The Roberts Court and the Unraveling of Labor Law

February 21, 2024

By Courtlyn G. Roser-Jones. Full Text. Labor law comprises several doctrines and procedures that oversee the relationships between employers, unions, and the workers they represent. These doctrines—the duty of fair representation, exclusivity, good-faith bargaining, captive-audience speech, and rights of equal access—are all component threads to a tapestry designed to facilitate widespread organizing and collective bargaining.…

Multi-Parent Custody

February 21, 2024

By Jessica Feinberg. Full Text. In recent years, a number of jurisdictions have enacted laws recognizing that a child may have more than two legal parents (multi-parentage). Recognition of multi-parentage represents a significant change to the legal framework governing parentage— for most of U.S. history, it was well established that a child could have a…

Notes

Throuples and Family Law

February 21, 2024

By Philip de Sa e Silva. Full Text. As throuples and other forms of polyamorous relationships gain visibility and acceptance, courts will have to confront the legal issues that will likely arise when a throuple forms and when it dissolves. How should courts determine child custody for three equally situated parents? How should courts divide…

In Defense of Pickering: When a Public Employee’s Social Media Speech, Particularly Political Speech, Conflicts with Their Employer’s Public Service

February 21, 2024

By Abby Ward. Full Text. With the rise of social media and the United States’ increasing political polarization, public employees take to social media to post about political issues such as race and policing. But when public employees make posts on political issues in an inflammatory or controversial way, public employers often discipline or fire…

Headnotes

AI Tools for Lawyers: A Practical Guide

October 27, 2023

By Daniel Schwarcz & Jonathan H. Choi. Full Text. This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is…

Property as a Legitimating Right

November 21, 2023

By Duncan Hosie. Full Text. Recent decisions from the Roberts Court have strengthened property rights, and progressive commentators and jurists have reacted with alarm. In light of these constitutional developments, this Essay revisits the landmark 2003 case of Goodridge v. Department of Public Health, which…

Still on the Hook: Forward-Looking Releases Reel-in Potential Risks in Mergers and Acquisitions

December 20, 2023

By Mark T. Wilhelm & Madison Fitzgerald. Full Text. A recent study that analyzed more than 2,100 private-target acquisitions found that 65% of those transactions were structured with a separate signing and closing. While the number of days between signing and closing inevitably varies on…

The Right to Counsel for Habeas Proceedings

December 21, 2023

By Amy Cohen. Full Text. Federal habeas is often the last avenue of relief for both federal and state prisoners. The Framers thought the right to the writ of habeas corpus was so established in law that its only reference in the Constitution is under…

De Novo Blog

CONTRACTUAL CONUNDRUM: HOW HEALTH AND HOSPITAL CORPORATION V. TALEVSKI HAS THE POTENTIAL TO GUT FEDERAL SAFETY NET LEGISLATION

February 21, 2023

By: Grace Worcester, Volume 107 Staff Member The Supreme Court recently heard oral arguments in Health and Hospital Corporation of Marion County v. Talevski,[1] a case with the potential to strip over eighty million Americans[2] of the ability to seek recourse in the federal courts…

NOT FLYING SOLO: HOW SOUTHWEST’S MASSIVE FLIGHT CANCELLATIONS LED TO SEVERAL CLASS ACTION LAWSUITS

February 20, 2023

By: Kyra Honkanen, Volume 107 Staff Member I. BACKGROUND Making headlines across the country, Southwest Airlines, the largest domestic airline in the U.S.,[1] canceled over 15,000 of its flights leaving more than one million people[2] stranded or left to find alternative transportation during the peak…

THE SUPREME COURT ‘DIGS’ IN RE GRAND JURY: ITS DECISION TO DISMISS THE CASE AND LEAVE ATTORNEY-CLIENT PRIVILEGE IN THE THREE-CIRCUIT BALANCE

February 17, 2023

By: E. Isabel Park, Volume 107 Staff Member After the Supreme Court heard oral arguments in In re Grand Jury[1] on January 9, 2023, all that remained was for the Court to decide the case.[2] Instead, two weeks later, the Court dismissed the case as…

A RACE-SYMPATHETIC PATH FORWARD: FOURTH AMENDMENT SEIZURE LAW AND THE CIRCUIT SPLIT ON THE RELEVANCE OF RACE

February 14, 2023

By: Marina Berardino, Volume 107 Staff Member Despite it being well known that an individual’s race impacts his or her perceptions of and experiences with the police,[1] U.S. Supreme Court jurisprudence remains unclear on the role of race in Fourth Amendment seizure inquiries. Fourth Amendment…

FOOD FOR THOUGHT: THE EMERGENCE OF RIGHT-TO-FOOD LEGISLATION IN THE UNITED STATES

February 13, 2023

By: Randa Larsen, Volume 107 Staff Member On November 2, 2021, Maine voters did something no other state in the United States has done—they approved an amendment that sets out a constitutional right to food.[1] This Amendment did not come out of thin air. Before…

THE “MAJOR QUESTIONS” SHACKLES: PREDICTING THE OUTCOME OF DEPARTMENT OF EDUCATION v. BROWN AND A WARNING ON THE POTENTIAL CONSEQUENCES OF A CONSTRAINED ADMINISTRATIVE STATE 

February 9, 2023

By: James Carlton, Volume 107 Staff Member On February 28th, the Supreme Court will hear arguments in two cases that will decide the constitutionality of President Biden’s student loan forgiveness program: Department of Education v. Brown and Biden v. Nebraska.[1] While the immediate ramifications of…

OBJECTIVELY REASONABLE FRAUD?: THE SUPREME COURT’S UPCOMING FCA DECISION WILL RESOLVE CIRCUIT SPLIT OVER SCIENTER ELEMENT

February 6, 2023

By: Carly Heying, Volume 107 Staff Member  On January 13, 2023, after urging by the U.S. Solicitor General and Senator Chuck Grassley (R-Iowa),[1] the Supreme Court agreed to take up a pair of consolidated False Claims Act cases addressing “whether and when a defendant’s contemporaneous…

THOMAS ON TRIAL: HOW SUPREME COURT JUSTICE CLARENCE THOMAS HAS INFLUENCED THE CURRENT AFFIRMATIVE ACTION CASES BEFORE THE COURT

January 19, 2023

By: Dahlia Wilson, Volume 107 Staff Member In the 2022–23 term, the Supreme Court is faced with two seminal cases regarding universities’ uses of “affirmative action”—a.k.a. the consideration of race—in their admissions practices. Both Students for Fair Admissions v. University of North Carolina[1] and Students…

READING TO BECOME A DIFFERENT TYPE OF “PRACTICE-READY” LAWYER: WHAT NO MORE POLICE CAN TEACH LAW STUDENTS ABOUT THEIR ROLE IN THE MOVEMENT FOR PRISON-INDUSTRIAL-COMPLEX ABOLITION

January 13, 2023

By: Lucy Chin, Volume 107 Staff Member A small minority of the 1.3 million lawyers in the country engage in work that explicitly concerns community-based advocacy and movement lawyering.[1] And yet, our profession—like most in the past few years—has been unable to avoid confronting fundamental…

NOVEL REGULATIONS AND HISTORICAL ANALOGUES: A SAN JOSÉ ORDINANCE TESTS THE BOUNDARIES OF THE SECOND AMENDMENT

January 9, 2023

By: Toph Beach, Volume 107 Staff Member On June 23, 2022, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, striking down a New York firearm restriction and pioneering a new test for Second Amendment cases.[1] Under Bruen, gun regulations must…