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Ellen S. Podgor, May Venue under 18 U.S.C. Sec. 1519 Be Premised Solely on Contemplated Effects? (25-5146), 53 Preview of United States Supreme Court Cases 20 (2026)Clicking on the button will copy the full recommended citation.
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Alicia Jackson, Racial Literacy, Book Bans, and The Miseducation of Critical Race Theory, Md. L. Rev. (2026)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Keeping Current – Property, 40 Probate and Property 16 (2026)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Book Review, Quiet Counsel: Looking Back on a Life of Service to the Law (Rev. of Larry D. Thompson book), Champion 55 (2026)Clicking on the button will copy the full recommended citation.
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Anthony Palermo, Data Breaches, Causation, and Constitutional Standing, 21 FIU L. Rev. 159 (2026)Clicking on the button will copy the full recommended citation.
This Article examines the causation requirement of Article III standing in modern data breach litigation. It argues that federal courts have systematically diluted constitutional limits on judicial power by presuming traceability where none exists. While data breaches are ubiquitous and alarming, the Article contends that the mere occurrence of a breach—and even an injury—should not itself establish a justiciable case or controversy. Drawing on foundational separation-of-powers principles, the Article situates the standing doctrine as an essential mechanism of judicial self- restraint—one that prevents courts from reflexively adjudicating societal fears untethered from any fair attribution to the defendant before the court.
Building on Supreme Court standing jurisprudence—from Simon and Warth to Lujan and Clapper—the Article demonstrates that causation is the most underenforced and yet most constitutionally significant element of standing in data breach cases. It argues that lower courts have improperly collapsed traceability into injury or risk—often attributing harm to hacked companies despite the presence of independent criminal actors, intervening mitigation measures, prior breaches, and widespread data exposure. Through an analysis of circuit-level decisions, the Article also identifies an emerging split in how courts assess causation and criticizes the prevailing majority approach for relying on inference-stacking and temporal proximity—rather than the “fairly traceable” standard required by Article III.
Ultimately, this Article contends that causation is not a mere technical pleading hurdle. Instead, traceability presents a substantive constitutional safeguard that prevents the judiciary from doubly victimizing the countless entities already harmed by criminal cyberattacks. By reinvigorating causation analysis at the threshold stage, courts can preserve the separation of powers, reduce unwarranted class-action litigation, and ensure that federal jurisdiction remains confined to disputes involving injuries directly attributable to defendants before the court. In an era of pervasive technological risk, the Article warns that abandoning causation in the name of deterrence or fear threatens not only fairness to litigants, but also the constitutional limits that give judicial authority its legitimacy.
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Royal C. Gardner, Wetlands Regulation in the United States, 10 Sarovar 15 (2026)Clicking on the button will copy the full recommended citation.
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Lauren D. Smith et al., Enhancing Perinatal Care for Women With Intellectual Disabilities: Clinician Insights on Involving Family Caregivers, 39 Journal of Applied Research in Intellectual Disabilities e70194 (2026)Clicking on the button will copy the full recommended citation.
Women with intellectual disabilities experience disparities in perinatal outcomes and unmet needs in perinatal care. Many women with intellectual disabilities receive support from family caregivers, including accompaniment to healthcare visits. This qualitative study explores the experiences of obstetric care clinicians navigating perinatal care with family caregivers of women with intellectual disabilities.
Transcripts from interviews (n = 9) and a focus group (n = 8) with 17 obstetric care clinicians were analyzed using a thematic analysis approach.
Four major themes emerged: (1) determining intellectual disability and guardianship status; (2) decision-making; (3) navigating ethical, legal, relational, and clinical challenges; (4) caregivers as an integral part of perinatal care.
Family caregiver involvement in perinatal care of women with intellectual disabilities has benefits but can also present challenges for obstetric care clinicians. Clinicians need guidance on how to appropriately manage perinatal care of women with intellectual disabilities.
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Rebecca C. Morgan, Failing Aging: Congress, the Social Contract, and “Saving” Social Security and Medicare, 17 Journal of Aging, Law, and Policy 3 (2026)Clicking on the button will copy the full recommended citation.
Social Security and Medicare are part of the retirement security social contract the government has with the American people, but without action from Congress, Trustees of Social Security and Medicare predict shortfalls within the next decade. This Essay begins with a look at the social contract generally, then as applied to Social Security and Medicare. Focusing on Social Security, the Essay explores the reasons for the creation of Social Security and its foundational importance to Americans of all ages, the economy, and social policy. The Essay examines the promises made by various U.S. presidents to the American people, arguing that those promises create an obligation to the American people and are not just political posturing. After examining the addition of Medicare to the retirement security social policy, the Essay considers the forces contributing to the coming shortfalls, including how prior administrations had responded, and argues that when Congress makes changes to the programs, Congress must be guided by the purposes and principles of the programs and the social contract between the government and the people.
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Anne E. Mullins, Asymmetric Legitimacy, Fla. L. Rev. (2026)Clicking on the button will copy the full recommended citation.
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Victoria Litman, Rethinking the Religious Purpose Test After Catholic Charities Bureau: The Sincerity-Then-Standards Framework, 31 Roger Willliams U. L. Rev. 68 (2026)Clicking on the button will copy the full recommended citation.
In Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission, the Supreme Court unanimously struck down Wisconsin's test for religious exemptions from unemployment compensation, holding that conditioning exemptions on proselytization or service to co-religionists constitutes denominational discrimination. While the decision correctly identifies what states cannot do, it leaves unresolved what constitutional alternatives remain. This Article proposes the Sincerity-Then-Standards framework: courts should first presume the sincerity of an organization's religious self-identification absent evidence of fraud, then apply neutral, conduct-based standards focused on what the organization does rather than why. Drawing on analogies from the church-status presumption under I.R.C. § 508(c)(1)(A) and the Unrelated Business Income Tax, the framework avoids theological entanglement while offering a model for conduct-based regulation that may extend beyond the employment tax context.