Keeping Current – Property Article
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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.
Articles
The Incoherent Law of Environmental Injunctions Article
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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.
Dobbs, Disability, and the Assault on Reproductive Autonomy Article
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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.
Attitudes, Assumptions, and Beliefs of Obstetric Care Clinicians Regarding Perinatal Care of Women With Intellectual and Developmental Disabilities Article
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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.
“PropTech”: The Digital Progression of Efficiency and Fraud Article
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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.
Keeping Current – Property Article
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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.
Cheating with the Fifth Amendment: Weaponizing the Fifth Amendment Privilege to Undermine Equitable Dissolution of Marriages Article
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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.
Silencing Corporate Political Speech Article
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Will Bunting, Silencing Corporate Political Speech, 84 Md. L. Rev. 865 (2025)Clicking on the button will copy the full recommended citation.
This Article categorizes corporate speech along two distinct dimensions: (1) commercial versus non-commercial, and (2) political versus non-political. Using this terminology, this paper introduces a novel taxonomy of corporate speech that includes a definition of pure political speech. The central claim set forth here is that pure political speech should not be permitted as a matter of state corporate law. Embedded within state corporate law must be a steadfast commitment to the simple proposition that market-based business entities must not influence what is considered right and wrong either morally or as regards matters of public policy unrelated to its business operations. Recognizing the difficulties inherent in overcoming the business judgment rule protection enjoyed by corporate fiduciaries, the paper advances a different litigation theory to silence pure political speech grounded in the notion of shareholder oppression, contending that political speech by a business corporation ought to constitute prima facie evidence of oppressive conduct. Introducing the novel concept of an ideological dividend, this paper contends that pure political speech can be conceptualized as a form of unlawful shareholder oppression no different than a dividend paid to some shareholders of the corporation but not others.
In addition, this Article offers two concrete policy proposals to silence pure political speech: (1) modify shareholder oppression statutes to include pure political speech as a form of oppressive conduct, and (2) encourage courts to recognize political speech as prima facie evidence of oppressive conduct in a shareholder oppression claim. To support these policy proposals, the paper provides two justifications for why purely economic decisions should not be motivated by ideological considerations. First, permitting ideology to influence economic decision-making can result in a socially inefficient allocation of scare resources. Second, allowing economic actors to sort by political ideology can exacerbate existing ideological divisions in a society already deeply divided.
Subduing Asylum-Seekers’ Voices: Narrative Genres and the Impossibility of Credibility Tests during Refugee Status Determination Hearings Review Section: International Book Essays Article
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Dagmar Rita Myslinska, Subduing Asylum-Seekers’ Voices: Narrative Genres and the Impossibility of Credibility Tests during Refugee Status Determination Hearings Review Section: International Book Essays, 50 Law & Social Inquiry 635 (2025)Clicking on the button will copy the full recommended citation.
Experiences with and Perceptions of the Child Welfare System During the Perinatal Period of Mothers with Intellectual and Developmental Disabilities Article
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Robyn Powell et al., Experiences with and Perceptions of the Child Welfare System During the Perinatal Period of Mothers with Intellectual and Developmental Disabilities, 19 Journal of Public Child Welfare 751 (2025)Clicking on the button will copy the full recommended citation.
This qualitative study explored the perceptions and experiences of 16 mothers with intellectual and developmental disabilities (IDD) regarding their interactions with the child welfare system during the perinatal period. Adverse themes included fear of child removal, wariness of the healthcare system, insufficient assistance, and trauma and stress. Positive themes included support from others and believing in one’s self. Findings underscore the need for disability cultural competence, non-discrimination, family preservation, enhanced support, self-advocacy, and family-centered care across perinatal and child welfare systems to improve equity for mothers with IDD and their children. Further research is warranted.