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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

COVERED BY CANNABIS?: MINNESOTA SUPREME COURT RULES THAT WORKERS’ COMPENSATION WILL NOT COVER MEDICAL MARIJUANA

December 6, 2022

By: Chelsea M. Trudgeon, Volume 107 Staff Member I. MINNESOTA SUPREME COURT RULINGS In October 2021, the Minnesota Supreme Court issued decisions in Musta v. Mendota Heights Dental Center[1] and Bierbach v. Digger’s Polaris[2] addressing reimbursement of medical marijuana under workers’ compensation claims.[3] Under the…

THE TRY GUYS TRY RESPONDING TO A RELATIONSHIP AT WORK: THE LEGAL IMPLICATIONS OF CONSENSUAL WORKPLACE RELATIONSHIPS

December 2, 2022

By: Mollie Clark Ahsan, Volume 107 Staff Member Over the past few months, famous YouTube creators The Try Guys have navigated a worldwide scandal surrounding one of the co-owners of their media company.[1] The scandal highlights the legal ambiguity that exists when workplace relationships take…

BACK FOR SECONDS: PREDICTING THE OUTCOME OF UNITED STATES v. TEXAS BASED ON BIDEN v. TEXAS

December 1, 2022

By: Maya Wells Hermerding, Volume 107 Staff Member In its second major immigration-related case of the term, the Supreme Court will weigh the executive branch’s authority to regulate immigration policy as conservative states contend that the Biden administration’s policies put them at a disadvantage.[1] In…

HOLLOW STATEMENT OR EMPTY PROMISE: OREGON’S “RIGHT TO HEALTHCARE” AMENDMENT IS NOT EQUIPPED TO ACHIEVE ITS GOALS, WHATEVER THEY ARE

November 30, 2022

By: Patrick Ebeling, Volume 107 Staff Member In the November 8, 2022, election, Oregon voters narrowly approved Senate Joint Resolution 12 (SJR 12), the Right to Healthcare Amendment.[1] SJR 12 amends the Oregon state constitution to read: (1) It is the obligation of the state…

READY FOR LANDING: AFTER CONCLUDING “PILOT PROGRAM,” MINNESOTA’S ENVIRONMENTAL QUALITY BOARD DELIBERATES LONG AWAITED ENVIRONMENTAL REVIEW CLIMATE CONSIDERATION REQUIREMENTS

November 18, 2022

By: Giuseppe Tumminello, Volume 107 Staff Member On October 19, 2022, the Minnesota Environmental Quality Board (EQB) hosted a public Environmental Review Implementation Subcommittee (ERIS) meeting. The ERIS reviewed the results from a Pilot Program it organized in order to incorporate climate change considerations on…

LEGAL LIMBO: THE STATE OF ABORTION CARE FOR MINORS IN MINNESOTA AFTER DOE v. STATE OF MINNESOTA

November 15, 2022

By: Mary Fleming, Volume 107 Staff Member Even before Dobbs v. Jackson Women’s Health Organization brought abortion to center stage at the U.S. Supreme Court, Minnesota abortion law was being litigated in state court.[1] In May of 2019, two advocacy organizations, the Lawyering Project and…

HOW COMPELLING DOES COMPELLING HAVE TO BE?: A MISSED OPPORTUNITY TO REFRAME A COMPELLING GOVERNMENTAL INTEREST IN AFFIRMATIVE ACTION IN THE STUDENTS FOR FAIR ADMISSIONS CASES

November 3, 2022

By: Chad Nowlan, Volume 107 Staff Member This fall the Supreme Court heard oral arguments in two cases brought by Students for Fair Admissions (SFFA), a self-described “nonprofit membership group of . . . students, parents, and others who believe that racial classifications and preferences…

THE ONUS OF TRANSPARENCY: STATE OF WASHINGTON v. META PLATFORMS, INC. ILLUSTRATES THE FIGHT OVER REASONABLE CAMPAIGN FINANCE DISCLOSURE LAW AND FIRST AMENDMENT PROTECTED SPEECH VIOLATIONS

November 2, 2022

By: Lindsay Maher, Volume 107 Staff Member Campaign finance disclosure laws are being questioned and limited in states across the country. In many states, legislatures have passed laws to prevent future requests for disclosure to non-profit organizations that donate to political candidates or parties.[1] In…

MIXED MESSAGING: PREVIEWING 303 CREATIVE AND ITS PLACE IN CURRENT FREE SPEECH JURISPRUDENCE

November 1, 2022

By: Samuel E. Ferguson, Volume 107 Staff Member This term, the Supreme Court of the United States will decide 303 Creative LLC v. Elenis.[1] The Court will decide whether a Colorado public accommodation law violates the Free Speech Clause of the First Amendment by compelling…

UN(PrEP)ARED: HOW BRAIDWOOD v. BECERRA COULD LEAVE PUBLIC HEALTH OFFICIALS SCRAMBLING

October 31, 2022

By: Tyler Blackmon, Volume 107 Staff Member On September 7, 2022, a federal district court granted summary judgment to an employer who refused to cover an anti-HIV, pre-exposure prophylaxis drug (PrEP) because doing so would make that employer “complicit in facilitating homosexual behavior.”[1] The judge,…