By Erin R. Gaddes, Published on 05/01/25
Most artificial intelligence (ai) researchers now believe that ai represents an existential threat to humanity. The most dangerous threat posed by ai is an issue known as the alignment problem: the risk that a sufficiently intelligent and capable ai system could become misaligned with the goals and values of its human creators and instead pursue its own objectives to the...
Dark patterns have emerged in the last few years as a major target of legislators and regulators. Dark patterns are online interfaces that manipulate, confuse, or trick consumers into purchasing goods or services that they do not want, or into surrendering personal information that they would prefer to keep private. As new laws and regulations to restrict dark patterns have...
By Darren Bush, Published on 05/01/25
The Supreme Court’s decision in Loper Bright to end formal deference under Chevron to administrative agencies’ interpretations of ambiguous statutes forces agencies into an unprecedented situation. Courts had deferred to agencies’ interpretations of binding rules since before the Administrative Procedure Act was passed. Now, for the first time, agencies are functionally unable to...
In recent years, under the moniker originalism, the United States Supreme Court has relied heavily upon history to delineate the scope and contour of various constitutional rights.[1] The Court’s justification for that approach is that defining the meaning of the Constitution according to its original or historical meaning limits a judge from engaging in unbridled discretion when...
The United States Sentencing Commission provides commentary to its Guidelines in the form of application notes, background information, and conclusions. Federal judges utilize the United States Sentencing Guidelines and commentary to deliver a sentence that is sufficient but not more than necessary to deter citizens from committing crimes. In 1993, the Supreme Court held in...
Courts are divided on the question of how Sixth Amendment public trial violations should be evaluated on appeal when a criminal defendant fails to object at trial to a courtroom closure. Typically, failing to object triggers plain error review on appeal, which demands a higher threshold of harm to obtain reversal compared to when an objection has been made at trial. Should this...
By some estimates, tens of thousands of individuals are currently wrongfully convicted and serving time in the United States’ prison system for crimes they did not commit. Further concerning is that one of the most common reasons for these unjust outcomes rests with the use of jailhouse informants who often lie in exchange for time off their own sentences. While many other...
By Michael Conklin, Published on 01/10/25
By Stephen Ruisi and Keagan Tolman, Published on 01/10/25
The United States Food and Drug Administration has evolved over the past century to regulate new medicine and protect the public from harmful or ineffective drugs. Drug development and testing science have advanced rapidly alongside the FDA’s increased regulation, enabling pharmaceutical companies to assess a drug's potential adverse reactions by studying its reactivity with...
Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the...
Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available at the time, and the curriculum overall emphasized practical skills over theory...
The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither...
Language models like ChatGPT are the talk of the town in legal circles. Despite some high-profile stories of fake ChatGPT-generated citations, many practitioners argue that language models are the way of the future. These models, they argue, promise an efficient source of first drafts and stock language. Others make similar claims about legal writing education, with a number of...
The Bar Exam is changing. The National Conference of Bar Examiners is pushing full steam ahead with a replacement for the current elements that make up the Uniform Bar Exam (UBE). This new exam, called the NextGen Bar Exam (NextGen), is scheduled to launch in Summer 2026. Current American Bar Association (ABA) accreditation standards do not consider the coming changes. A full...
This Article seeks to explain the drastic, seventy-six spot ranking disparity that exists between Howard Law School’s overall ranking (based primarily on objective factors) and the purely subjective peer ranking. Potential explanations considered include location, law review quality, political ideological preference, use of promotional materials, notable alumni, professor quality...
New and useful improvements – in the words of the patent statute – have emerged from legal education’s pursuit of seamlessly developing contributing members of the legal profession, as the 1992 MacCrate Report advocated. These include the widespread adoption of distance learning techniques for better teaching and assessment, course pedagogy that is more inclusive for students...
The call for change in legal education has been loud and clear for more than a century. Despite some resistance among powerholders who benefit from status quo, faculty and administrators across the country work earnestly to solve problems, improve learning, and promote equity. Yet time and again, initiatives are logjammed, shot down as unworkable, misimplemented, or abandoned...
By Megan M. Carpenter, Published on 06/01/24
By Mariah E. Thomas Thurston, Published on 06/01/24
There are often great costs associated with receiving fertility treatments such as IVF. Those who wish to overcome infertility and conceive may turn to their health insurance providers to find coverage for such treatments. Currently, many health insurance providers’ policies require that those seeking coverage show infertility either by (1) failing to conceive after six to twelve...
The way students communicate has also changed greatly over the last generation, but in the first two decades of 21st Century, the U.S. Supreme Court had yet to answers questions about the extent of power for school administrators to control off-campus speech on digital technologies. Then in the case of Mahanoy Area School District v. B.L (2021) the U.S. Supreme Court finally...
Securities offered under exemptions such as Regulation Crowdfunding, Regulation A, and Rule 506 without registering with the Securities and Exchange Commission (SEC) are classified as exempt securities. These securities typically lack liquidity in the secondary market. However, the growing popularity of blockchain technology and smart contracts has made token offerings...