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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

NO REASSURANCE FROM INSURANCE: INSURANCE COMPANIES ARE TRYING TO AVOID BIPA LITIGATION BY USING ROBUST EXCLUSION CLAUSES AND COURTS ARE UNIMPRESSED

October 25, 2022

By: Katherine Vu, Volume 107 Staff Member Insurance companies are the new plaintiffs taking center stage in recent litigation under the Illinois Biometric Information Privacy Act (BIPA).[1] Enacted in 2008, BIPA aims to protect individuals by regulating the collection and dissemination of their biometric data…

HARD LUXURY: MATERIAL ADVERSE EFFECT IN THE LVMH AND TIFFANY MERGER

May 10, 2022

By: Rachel Wynn, Business Law Clinic Student Director & Emily Buchholz, Executive Director of the Corporate Institute Since the COVID-19 pandemic, material adverse effect claims have increased in Delaware courts. A material adverse effect (“MAE”) is a change in circumstances that is reasonably expected to…

STEALING FROM YOUR STUDENTS: THE HIDDEN KEY IN THE HIGHER EDUCATION ACT TO HOLD LEADERS OF FOR-PROFIT COLLEGES PERSONALLY LIABLE FOR FRAUD

April 6, 2022

By: Kylee Evans, Volume 106 Staff Member Student debt in the United States has hit a historic high.[1] The estimated total student loan debt as of March 2022 is $1.749 trillion.[2] Of that, the federal government owns about $1.61 trillion.[3] Legal scholars have long compared…

MEANINGFUL BUT NOT PERFECT REVIEW: IMPLIED PRECLUSION OF FEDERAL JURISDICTION AND AXON ENTERPRISE, INC. V. FTC

April 4, 2022

By: Jason Gutierrez, Vol. 106 Staff Member I. BACKGROUND, DOCTRINE, AND AXON’S ARGUMENT May a party arguing that the structure of the Federal Trade Commission (FTC) violates the constitution bypass the FTC’s administrative review process and bring suit in federal court? Last summer, Axon Enterprise,…

COPPER-NICKEL MINING AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES’ DUAL MANDATE: HOW TO ENSURE ENVIRONMENTAL CONSEQUENCES IN THE INDUSTRY CAN BE ALLEVIATED

April 1, 2022

By: Ben Gleekel, Vol. 106 Staff Member Northeast Minnesota may soon host an industrialized corridor of copper-nickel mining operations. The region is the home of the Duluth Complex—a geological formation containing an estimated 4.4 billion tons of copper, nickel, and other precious metals,[1] making it…

SCOTUS TAKES ON WOTUS: PREVIEWING SACKETT V. EPA AND ITS CONSEQUENCES FOR THE CLEAN WATER ACT

March 30, 2022

By: Sean Downey, Volume 106 Staff Member With its grant of certiorari in Sackett v. EPA, the Supreme Court will take its fourth try at resolving a question that has vexed courts, agencies, lawyers, and landowners: what are “Waters of the United States (WOTUS)?”[1] The…

A $9 BILLION SURPLUS, YET “KIDS CAN’T READ”: MINNESOTA TEACHER STRIKES MAY VIOLATE STUDENTS’ RIGHTS UNDER THE STATE CONSTITUTION AND THE LEGISLATURE HAS A DUTY TO FIX IT

March 24, 2022

By: Joshua Gutzmann, Volume 106 Staff Member After almost a full week of no school for over 31,000 students,[1] because teachers are on strike in Minneapolis,[2] the Minneapolis Federation of Teachers President declared that they were “ready to go for as long as it takes.”[3]…

REMEDYING DECADES OF DISPARITIES IN DRUG SENTENCING: HOW CONCEPCION v. UNITED STATES OPENS THE DOOR FOR BROADER RELIEF IN FIRST STEP ACT RESENTENCING PROCEEDINGS

March 23, 2022

By: Rhianna Torgerud, Volume 106 Staff Member From 1986 to 2010, one gram of crack cocaine was treated as equivalent to 100 grams of powder cocaine when setting federal statutory minimum and maximum sentences.[1] This 100-to-1 sentencing disparity was widely criticized as discriminatory against African…

THE UNITED STATES WANTED TO HAVE ITS CAKE, EAT IT, AND AVOID ITS CLEANUP COSTS, TOO

March 22, 2022

By: Olivia Carroll, Volume 106 Staff Member In 2017, the Territory of Guam brought suit against the United States under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), seeking to recover costs spent on the cleanup of a contaminated site that had…

WAR POWERS UNDER ATTACK

March 21, 2022

By: Jesse Noltimier, Volume 106 Staff Member On March 29, 2022, the Supreme Court will hear oral arguments in Torres v. Texas Department of Public Safety.[1] The Court will decide whether a veteran can sue the state of Texas, his former employer, for discrimination. Beyond…