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Roy Balleste, Introduction: Setting the Agenda for Research in Cybersecurity Law and Policy, in A Research Agenda for Cybersecurity Law and Policy (Edward Elgars Publishing, 2025)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Ethics and Space Law, in Elgar Concise Encyclopedia of Space Law (Edward Elgar Publishing, 2025)Clicking on the button will copy the full recommended citation.
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Roy Balleste et al. (eds.), A Research Agenda for Cybersecurity Law and Policy (Edward Elgar, 2025)Clicking on the button will copy the full recommended citation.
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Grant Christensen, Article IV and Indian Tribes, 110 Iowa L. Rev. 629 (2025)Clicking on the button will copy the full recommended citation.
Unlike the first three articles of the Constitution which create the three branches of the federal government, Article IV establishes a set of rules to police the actions of states and knit them together into a single union. Notably absent from Article IV is any mention of the tribal sovereign. Concomitantly, there has been no comprehensive academic discussion thinking about how the tribal sovereign complicates the purposes of Article IV. This piece advances a completely new understanding of Article IV and its implications in federal Indian law. It suggests that where Article IV advances rights to individual citizens (i.e. a citizen’s right to enforce a court judgment or their claim to the protection of the Privileges and Immunities Clause) then states may not use their connection to any tribal sovereign as an excise to deny them the protections of those rights. In contrast, where Articles IV speaks to rules designed to ensure states treat each other respectfully (i.e. requests for extradition, claims under the Equal Footing Doctrine, or any attempt to enforce the Guarantee Clause) then Article IV’s rules do not permit states to abridge, abrogate, modify, or erode the inherent rights of tribal nations. As the Court has recently opined, tribal governments themselves were absent from the Constitutional Convention and so constitutional limitations on the inherent powers of sovereigns do not extend to tribal governments.
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Will Bunting and Tomer S. Stein, Lobbying by Brief: Unveiling the Dominance of Amicus Lobbying in the Development of Business Law, 78 SMU L. Rev. 83 (2025)Clicking on the button will copy the full recommended citation.
This Article uncovers the pervasive and significant impact of business law Amicus Lobbying, a strategic tactic whereby lobby groups have commandeered the amicus curiae filing process in state courts to shape business law according to their interests.
The Article makes three primary contributions to the literature. First, it presents the only comprehensive dataset of amicus curiae filings in business law cases. This hand-collected dataset encompasses nearly all business law amicus curiae filings from 2005 to 2022 in the key jurisdictions of New York, California, Delaware, Texas, and Nevada. Second, it reveals a striking empirical finding: lobby groups account for 67% of all amicus curiae filings in the dataset, with a high rate of success in persuading courts to adopt their positions. Finally, the Article provides a normative assessment of Amicus Lobbying in business law and proposes policy recommendations designed to ensure a more balanced representation of stakeholder interests.
By shedding light on this understudied phenomenon, this Article aims to stimulate critical discourse on the intersection of lobbying, judicial decision-making, and business law formation. It offers valuable insights for scholars, practitioners, and policymakers engaged in the ongoing debate over the appropriate role and influence of interest groups in shaping legal doctrine.
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Ciara Torres-Spelliscy, The Perils of Fundraising Using the Disinformation of the Big Lie, in Disinformation, Misinformation and Democracy (Ronald J. Krotoszynski, Jr. et al. eds., Cambridge University Press, 2025)Clicking on the button will copy the full recommended citation.
"After losing the 2020 election, President Donald Trump went on a fundraising binge asking his supporters to give to his legal defense fund so that he could litigate the results of the 2020 election which he fraudulently claimed he had won. According to the January 6th Select Committee, this fund did not exist. Moreover, a stolen electoral loss by Trump in 2020 also did not exist. Trump’s post-2020 election fundraising was thus a fraud within a fraud. Thus, there is a reasonable argument that soliciting millions of dollars based on these two false premises actually violates the federal wire fraud statute and common law fraud."
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Margie Alsbrook and Ashley Krenelka Chase, Three Blind Drafts: An AI-Generated Classroom Exercise, 37 Second Draft 1 (2025)Clicking on the button will copy the full recommended citation.
This article offers a potential tool for legal writing professors seeking to quickly orient students to the positive power—and potential peril—of using generative artificial intelligence tools wisely in the practice of law. This article describes a verified, helpful classroom exercise designed to engage students in the critical evaluation of memos or briefs generated by various AI systems. Through this exercise, students quickly grasp pitfalls of the tools, while they also start to understand that different AI products suit different purposes.
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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. __ (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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Roy Balleste, Cyberspace Domain & Legal Norms, in A Research Agenda for Cybersecurity Law and Policy (Edward Elgar Publishing, 2025)Clicking on the button will copy the full recommended citation.
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Angelina M. Vigliotti, Indigenous Data Sovereignty: Data as a Resource, in A Research Agenda for Cybersecurity Law and Policy (Edward Elgar Publishing, 2025)Clicking on the button will copy the full recommended citation.