Keeping Current – Property Article
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Darryl Wilson, Keeping Current – Property, 38 Probate and Property 18 (2024)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Keeping Current – Property, 38 Probate and Property 18 (2024)Clicking on the button will copy the full recommended citation.
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Robyn Powell, Forced to Bear, Denied to Rear: The Cruelty of Dobbs for Disabled People, 112 Geo. L.J. 1095 (2024)Clicking on the button will copy the full recommended citation.
The history of the United States is marred by a shameful record of using reproduction to oppress disabled people through state-sanctioned legislation, policies, and programs that deprive them of their bodily autonomy and self-determination. Disabled people face structural, legal, and institutional barriers to accessing reproductive health services and information, including contraception and abortion care. They also experience high rates of violence and reproductive coercion, as well as stigma and discrimination from health providers. Consequently, people with disabilities are more likely to experience maternal morbidity and mortality, rendering pregnancy particularly dangerous for some.
The Dobbs v. Jackson Women’s Health Organization decision exacerbates this complex and challenging situation. Mounting abortion restrictions, coupled with the myriad barriers and challenges that people with disabilities already face, will result in some being forced to carry pregnancies to term even if they pose serious health risks or go against their wishes. Subsequently, should they choose to raise their children after childbirth, they will likely encounter ongoing threats to their parental rights due to pervasive assumptions of incompetence, inadequate family support, constant surveillance and scrutiny, and ableism within the family policing system’s laws, policies, and practices. Thus, the ruling creates a paradox for disabled people, where they may be forced to bear children but subsequently denied the opportunity to rear them, perpetuating a historical pattern of exploitation and subjugation.
In response, this Article presents a nuanced and novel analysis of the Dobbs decision and its implications for people with disabilities. To do so, first, the Article examines the profound impact of forced pregnancy on disabled people, delving into the underlying reasons for high rates of unintended pregnancies among this group. It also highlights the dangers and violations of bodily autonomy and self-determination that forced pregnancy entails for disabled people. Next, the Article’s focus shifts to the denial of parenting rights for people with disabilities, even after being compelled to bear children, exploring the societal, legal, and institutional obstacles that hinder their ability to parent, such as assumptions of incompetence, inadequate family support, constant surveillance and scrutiny, and ableism within the family policing system. Thereafter, it introduces the concept of disability reproductive justice and its relevance to these complex issues, providing a framework based on the principles of disability justice and reproductive justice to transform society into one that respects and supports disabled people’s reproductive freedom. Finally, the Article proposes legal and policy solutions guided by the principles of disability reproductive justice to address the reproductive needs of disabled people and dismantle the systemic causes of reproductive oppression, emphasizing the necessity of a comprehensive approach considering the rising threat to reproductive freedom.
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Yelena Duterte et al., Review of Veterans Law Decisions of the Federal Circuit, 2022-2023 Edition, 73 Am. U. L. Rev. 1091 (2024)Clicking on the button will copy the full recommended citation.
In 2022 to 2023, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) continued its conversation with the Court of Appeals for Veterans
Claims (“Veterans Court”), Department of Veterans Affairs (“VA”), and veterans to help sculpt the jurisprudence coming from the youngest of the federal
courts, the Veterans Court. The Federal Circuit’s jurisprudence addressed ten main legal issues: class actions, petitions for writ of mandamus under the All Writs Act, defining standards of proof with the term “results from,” the benefit of the doubt doctrine post-Lynch, education benefits, less than honorable discharges, the rating schedule, implicit denials, equitable tolling and estoppel, and prejudicial error post-Tadlock.
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Robyn Powell, Reproductive Justice for Disabled People During COVID-19 and Beyond, in Routledge Gender Companion to Gender and COVID-19 (Routledge, 2024)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, A New Parlor is Open: Legal Writing Faculty Must Develop Scholarship on Generative AI and Writing (2024)Clicking on the button will copy the full recommended citation.
Generative artificial intelligence likely represents a paradigm shift in legal communication teaching, learning, and practice. What we know (so far) about generative AI suggests that law school legal writing courses will need to teach generative AI skills to be used as part of a hybrid human-generative AI legal writing process. Accordingly, legal writing faculty will need to understand how generative AI works, its implications for legal writing practices, and how to teach legal writers the knowledge and skills needed to use generative AI ethically and effectively in their work.
As a community of scholars, legal writing faculty should lead the inquiry into the connections between generative AI and legal writing products, processes, and practices. This is an exciting time; there are many unanswered questions to explore about the relationships between human writers and machine writing tools.
Unlike other essays in the Unending Conversation collection, this essay does not join a conversation. Instead, it is a conversation starter; it is meant to “open the parlor door” and encourage legal writing scholars to research at the intersection of generative AI and legal writing. As legal communication experts, legal writing faculty are well-situated to be frequent and expert speakers in this conversation.
This essay explains why generative AI represents the beginning of a paradigm shift in legal writing that requires scholarly exploration and presents some ideas for the “big issues” that will need investigation.
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Louis J. Virelli, The Underappreciated Virtues of the Supreme Court’s Ethics Code, 52 Hofstra L. Rev. 657 (2024)Clicking on the button will copy the full recommended citation.
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Robyn Powell, Reproductive Justice for Disabled People Post-Dobbs: A Call-to-Action for Researchers, 17 Disability and Health Journal 101572 (2024)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and Richard W. Murphy, Supreme Court News, 49 Administrative & Regulatory Law News 22 (2024)Clicking on the button will copy the full recommended citation.
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Grant Christensen, Article III and Indian Tribes, 108 Minn. L. Rev. 1789 (2024)Clicking on the button will copy the full recommended citation.
Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenant, and unilaterally declared a plenary judicial power to review the exercise of an Indian tribe’s inherent sovereign authority. This exception is unmoored from all other Supreme Court precedent outside Indian law, and unjustifiably assumes the judicial power in direct contrast to the Court’s ordinarily thoughtful jurisprudence on Article III and deference to the separation of powers.
This article concludes that the Supreme Court was wrong in 1985 when it assumed a plenary judicial power over Indian affairs. The consequences are profound, and suggest a reconceptualization of the entire field of Indian law. Canon creating cases like Oliphant, Montana, and Cabazon should never have been decided because the exercise of a tribe’s inherent authority does not create a federal question conferring subject matter jurisdiction on the federal courts. The inherent power of Indian tribes to criminally prosecute or civilly regulate non-Indians in Indian country should not subject them to the judicially imposed limits set by the Supreme Court, because the Court lacks subject matter jurisdiction to decide those cases. Until a treaty or statute creates an affirmative basis for federal court review, an Indian tribe’s inherent powers are subject to the checks and balances imposed by tribal government and no others.
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Jaclyn Lopez, Between a Rock and a Hardened Place: Prioritizing Climate Resiliency for Vulnerable Biodiversity, 34 Duke Envtl. L. & Policy Forum 157 (2024)Clicking on the button will copy the full recommended citation.