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Theresa J. Pulley Radwan, Get Out the Vote: Reconciling the Treatment of Nonvoting Creditor Classes in Chapter 11 Bankruptcy Cases, 99 American Bankruptcy Law Journal 532 (2025)Clicking on the button will copy the full recommended citation.
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Ashley Krenelka Chase, A Knight in Shining Nascency: Under-the-Radar Platforms as a Solution to Access to Justice for Incarcerated Litigants, Va. L. & Bus. Rev. 347 (2025)Clicking on the button will copy the full recommended citation.
Access to justice in the criminal legal system and antitrust laws are inextricably intertwined, though not obviously so. But when major corporations behave in a way that creates a moat between incarcerated people and the laws they need to experience access to justice, the relationship of the two cannot be ignored. The "Curse of Bigness" in the legal information industry-the idea that corporations can get too big to collapse and then fail to benefit the market in a meaningful way-widens that moat and demonstrates that the companies that provide legal research services to prisons present both a social and industrial menace. This menace is damaging to all who seek legal information but is particularly and uniquely problematic when looking through the lens of access to justice for incarcerated litigants, individuals whose access to legal information is directly tied to their constitutional rights, and whose access is controlled by a massive monopsony in the industry: the prisons, themselves.
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Anne E. Mullins, Beyond the First Draft (Review), 29 Legal Writing 313 (2025)Clicking on the button will copy the full recommended citation.
Teaching grammar and style in the legal writing classroom is back in vogue. Grammar and style are foundational to legal rhetoric because they are part of the intentional meaning-making that is legal writing. Moreover, grammar and style come together to form the writer's authorial voice. Developing a voice is one of the most difficult challenges for novice writers-and it is particularly difficult for those who have little experience using formal written English and those who
have deep experience writing in a field that has very different audience expectations. Targeted grammar and style instruction helps students master the fundamentals, write what they mean, and do it in a way that is effective and expected in the profession. The second edition of Megan McAlpin's Beyond the First Draft is an effective tool to teach grammar and style with a rhetorical approach.
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Darryl Wilson, Keeping Current – Property, 39 Probate and Property 22 (2025)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, The Incoherent Law of Environmental Injunctions, 55 Envtl. L. 471 (2025)Clicking on the button will copy the full recommended citation.
Should an ongoing violation of an environmental statute be enforced by a permanent injunction? The Supreme Court made an injunction a hit-or-miss proposition in eBay v. MercExchange. That decision set forth an incoherent four-part test for permanent injunctions. Most notably, the test includes a standalone "irreparable injury" factor, unmoored from the old equitable law principle favoring injunctions when monetary damages are inadequate to the injury. The eBay test conflates a preliminary injunction, which is a procedural mechanism, with a permanent injunction, which is a
substantive remedy. The result is that courts struggle to give meaning to the "irreparable injury" element. Some courts treat "irreparable injury" as meaning "significant" an unwise departure from old equity law. In environmental cases, where injunctions often matter more than damages, courts have denied relief for many reasons without a unifying principle.
The incoherent injunction test is especially troubling to American law, which values certainty and adherence to statutory texts, such as the Administrative Procedure Act, which states plainly that courts "shall ... set aside agency conduct ... not in accordance with law." Courts (or Congress) should reverse the mischief of the eBay test and revert to textualism or, in statute-driven environmental cases, adopt a presumption favoring injunctive relief absent compelling national reasons to refrain from an injunction.
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Robyn Powell, Dobbs, Disability, and the Assault on Reproductive Autonomy, 50 Human Rights 6 (2025)Clicking on the button will copy the full recommended citation.
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Robyn Powell et al., Attitudes, Assumptions, and Beliefs of Obstetric Care Clinicians Regarding Perinatal Care of Women With Intellectual and Developmental Disabilities, 130 American Journal on Intellectual and Developmental Disabilities 294 (2025)Clicking on the button will copy the full recommended citation.
This study examines clinician attitudes, beliefs, and assumptions regarding perinatal care of women with intellectual and developmental disabilities (IDD) from the perspectives of both clinicians and women with IDD. We conducted semistructured individual interviews with women (n = 16) and individual interviews and one focus group with clinicians (n = 17). Data were analyzed using a content analysis approach. Analysis revealed both supportive and restrictive categories. Supportive: (a) accommodating needs, (b) respecting autonomy, and (c) supporting motherhood. Restrictive: (a) unwillingness to accommodate, (b) assumptions about decision-making capacity, (c) questioning parenting abilities, and (d) biased contraception and sterilization practices. Clinician training to address attitudes, beliefs, and assumptions is needed to improve perinatal care for women with IDD.
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Darryl Wilson, “PropTech”: The Digital Progression of Efficiency and Fraud, 54 Real Estate Law Journal 7 (2025)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Keeping Current – Property, 39 Probate and Property 18 (2025)Clicking on the button will copy the full recommended citation.
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Elizabeth Ippolito Boals, Cheating with the Fifth Amendment: Weaponizing the Fifth Amendment Privilege to Undermine Equitable Dissolution of Marriages, 58 Loy. L.A. L. Rev. 363 (2025)Clicking on the button will copy the full recommended citation.
Despite widespread adoption of no-fault divorce, many U.S. states still consider adultery in the allocation of alimony and property. In sixteen of those states, adultery remains a criminal offense-enabling spouses accused of infidelity to invoke the Fifth Amendment privilege against self-incrimination during divorce proceedings. This Article explores how such invocations obstruct discovery, delay litigation, and create strategic advantages for wealthier or culpable spouses, especially in fault-based or hybrid divorce regimes. After surveying the historical development of divorce law and the expansion of Fifth Amendment protections into civil contexts, the Article critiques current remedies-adverse inferences, implied waivers, and immunity-as ineffective or impractical. It argues for a proactive procedural solution: mandatory early-stage judicial inquiry into privilege claims and the application of precise adverse inferences tied to the scope of questioning. This approach, the Article contends, would mitigate inequity and restore fairness to divorce proceedings impacted by outdated adultery statutes.