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.
2025
Get Out the Vote: Reconciling the Treatment of Nonvoting Creditor Classes in Chapter 11 Bankruptcy Cases Article
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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.
Gender Affirming Rhetoric Article
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Emerson Wright, Gender Affirming Rhetoric, 15 Tennessee Journal of Race, Gender, & Social Justice 45 (2025)Clicking on the button will copy the full recommended citation.
During the runup to the 2024 election, virtually every person who watched an American football game saw an advertisement alleging that Kamala Harris was 'for they/them," while "President Trump is for you." Candidates and interest groups spent more than $200 million on ads shaping and preying on public perception of trans people, and Democrats wasted no time blaming Kamala Harris's electoral loss on messaging around trans issues. On the heels of a contentious election that relied heavily on this type of weaponized culture war messaging, misleading and hostile discourse about transgender people and the issues they face is hard to escape.
Transphobic debates dominate the public sphere, often fueled by cisgender anxious compulsions to categorize others according to heteronormative gender roles. Even the Olympics were marred by a transphobic harassment campaign against a gold medalist who is not in fact transgender. More broadly, concerns about slippery slopes and far-reaching hypotheticals have birthed a moral panic about the ways trans people disrupt the cultural order, and courts have been complicit in reinforcing traditional cisgender norms even when it causes real harm to trans people.
The U.S. legal system uses traditional legal rhetoric as the generally accepted form of logical reasoning, a form of reasoning that relies heavily on
categories and syllogistic reasoning to reinforce heteronormative social roles and hierarchies. Traditional legal rhetoric ratifies hate-motivated marginalization of peoples who defy, transcend, resist, or reject classification according to traditional cisgender norms. For example, restrictions and bans on gender affirming healthcare effectively relegate trans folks to a permanent lower caste by not only denying them essential medical care, but also by signaling that they are unworthy of recognition, support, or dignity, thereby reinforcing their systemic marginalization.
The Price We All Pay When Corporations Dodge Criminal Charges Article (Online)
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Ellen S. Podgor, The Price We All Pay When Corporations Dodge Criminal Charges (2025)Clicking on the button will copy the full recommended citation.
A Knight in Shining Nascency: Under-the-Radar Platforms as a Solution to Access to Justice for Incarcerated Litigants Article
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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.
Beyond the First Draft (Review) Article
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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.
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.
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.
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.