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“With Love, From Me to You:” Replacing the Unconstitutional All-Comer Provision with Favorable Conflict of Laws Principles to Still Confer the Postmortem Right of Publicity
No full textAppeal No.1052: Big M. Petroleum Corporation v. Division of Oil & Gas Resources Management
No full textAppeal of Chief\u27s Orders 2015-250, 2025-251, 2025-252, and 2025-25
How to Do Things with Contracts: A Transactional Perspective
No full textFor some years now, Professor Avery Katz has taught first-year contracts from a client-centered perspective that emphasizes how the rules of contract law can be used to promote the purposes of individuals conducting their personal and business affairs, as opposed to a court-centered perspective that emphasizes how these rules are likely to be applied in litigated disputes.
Many teachers include references to contractual planning, of course, in the course of discussing published cases or of black-letter doctrine. For example, while discussing a case in which a promise is held unenforceable due to lack of consideration, a teacher might ask whether and how the promise could be recast to be enforceable next time around. But in Professor Katz’s experience, most 1L teachers undertake such discussions only occasionally, instead spending the bulk of their time on how and why litigated cases come out the way they do, and on how not-yet-litigated hypothetical cases are likely to come out, should they ever get to court.
In this lecture, and in the book project on which it is based, Professor Katz will argue that the 1L contracts curriculum should be organized around forward-looking transactional planning, and provide a model for doing that across the entire doctrinal range of the subject
Unmasking the Financialization of Healthcare
No full textIn-Person for STUDENTS; Virtual for all others
The Elena and Miles Zaremski Law Medicine Forum presents: Unmasking the Financialization of Healthcare
Financialization of healthcare drains our current system of resources it needs to provide care. It occurs when money is siphoned off for private profit through mechanisms such as rent seeking, gamesmanship, and exploitative price setting.
This is not an ethically neutral activity, and the people profiting in this way ought to justify why they are entitled to this money, given the foreseeable negative effects what they are doing has on people’s health. This important problem is masked by current accounting methods and healthcare billing methods, which need to be changed to allow for a more transparent assessment of what is really occurring
AI Lawyering Skills Trainers: Transforming Legal Education with Generative AI
Full text linkThe integration of generative AI (GenAI) tools in legal education is not just an innovation—it\u27s a transformative shift redefying how law students acquire and refine advocacy skills. This article examines AI’s critical role in modernizing legal education, emphasizing its potential to offer personalized, one-on-one coaching that enhances student learning and engagement. As AI reshapes the legal profession, law schools must evolve to prepare students for an AI-driven future.
Serving as a practical guide, this article provides a step-by-step framework for educators and institutions to develop AI tools that simulate real-world courtroom scenarios and provide continuous, personalized feedback. It also highlights how AI bridges the gap between theory and practice, fostering practical skills and readiness for the evolving legal landscape.
This article explores the rapid growth of AI in education and legal practice and outlines the development of MootMentorAI, a pioneering GenAI skills trainer from the University of Missouri-Kansas City School of Law. By employing Agile methodology, MootMentorAI’s iterative design process demonstrates how AI-driven tools can boosts student engagement, enhance practical skills, and ensure future lawyers are well-equipped for a changing profession
Injunctive Restraint
Full text linkPreliminary injunctions against government action have evolved from extraordinary remedies into routine instruments of political contestation, with both Republican and Democratic administrations finding their initiatives halted by nationwide judicial orders. These injunctions serve vital functions in our constitutional system—preventing irreparable harm to fundamental rights and providing necessary checks on executive power in an era of congressional gridlock. Yet their increasing use has generated legitimate institutional concerns, particularly when a single district judge, often selected through strategic forum shopping, can unilaterally suspend national policies of significant importance. This Article examines this tension between the necessary role of nationwide injunctions in protecting constitutional rights and the threat that current practices may pose to judicial legitimacy and consistent governance. The Article evaluates two proposed reforms: requiring substantial security bonds and reviving three-judge district courts for nationwide injunction cases. It demonstrates that increasing bond requirements would create unacceptable financial barriers to judicial review, particularly for vulnerable plaintiffs seeking to vindicate constitutional rights. By contrast, a modernized three-judge court system—structured with targeted jurisdiction, modified appellate review, and technological enhancements—offers a promising institutional solution that addresses judge-shopping concerns without impeding access to justice. Drawing on historical experience and contemporary needs, this Article proposes a balanced approach that preserves the essential function of preliminary injunctions as a check on government overreach while enhancing their deliberative legitimacy and reducing their most partisan applications.
This manuscript is to be published in Volume 63.1 of the Harvard Journal on Legislation and may not be copied without the Journal’s written permission
Protecting Older Adults Who Are Incarcerated: Does the 8th Amendment Work?
Full text linkOlder adults in prison and within other carceral systems (i.e. jails, parole) are uniquely at risk for elder mistreatment. Emerging research has begun to consider the experiences of older adults within carceral settings, including aging in prison, chronic conditions and medical care, compassionate release, and end-of-life care. This research exposes evidence that prisons and other carceral settings lack resources and services for older adults. Given increased vulnerability and a lack of protective resources, older adults experiencing incarceration may experience disproportional rates and consequences of elder mistreatment. A public health approach to develop tools and resources that would prevent, detect, and intervene in elder mistreatment within prisons requires legal strategies. To date, legal protections that explicitly target elder mistreatment do not exist for correctional settings. Older adults in prisons should not forfeit their rights to be protected from mistreatment because of their incarceration. This Article is part of a larger body of work aimed at understanding the interwoven dynamics relevant to elder mistreatment within prisons. This Article evaluates the Eighth Amendment as a source of protection against elder mistreatment. Section I introduces elder mistreatment within prisons and other carceral settings as a major public health and legal challenge that has been understudied. Section II will provide a primer on elder mistreatment, including how it is defined, across all settings. It will distinguish elder mistreatment in prisons from the general population for older adults living in the community and in residential care settings. Section III will review broad legal protections that apply to all individuals who are incarcerated, including grievance procedures, the Prison Rape Elimination Act, and compassionate release. Section IV will provide an overview of the Eighth Amendment clause that protects against “cruel and unusual punishment.” This section will provide insights on the implementation of standards regarding the right to health care, protection from harm, and living conditions of confinement. Section V applies the Eighth Amendment to older adults experiencing incarceration and identifies limitations of these protections. Section VI will conclude the Article with a research and policy agenda aimed at preventing, detecting, and intervening in elder mistreatment in prisons, jails, and other carceral settings
Cognitive Decline and the U.S. Presidency: The Case of Joe Biden
Full text linkThis article examines the intersection of cognitive health, medical ethics, and constitutional governance through the lens of President Joe Biden’s medical history and recent cognitive performance. Highlighting the absence of formal neurocognitive testing protocols for presidential candidates and sitting Presidents, it raises critical questions about transparency, accountability, and the statutory and ethical obligations of medical professionals serving in political contexts. The paper discusses Biden’s stroke history, neurosurgical interventions, and subsequent lack of documented cognitive assessments, emphasizing the implications for public trust and the constitutional duty to ensure an executive fit for office. It advocates for the implementation of standardized, objective cognitive testing regimes overseen by independent medical oversight to safeguard democratic integrity and uphold the constitutional principles of accountability and informed public leadership. This analysis underscores the urgent need for reform in presidential health disclosure practices, balancing medical confidentiality with the public’s right to informed governance. [abstract generated by AI
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