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Regulating Psychological Wellness Grifters

The rapid expansion of social media has transformed the delivery of psychological wellness advice, shifting mental health guidance from licensed professionals to digital influencers operating outside of traditional regulatory frameworks. As the global wellness industry surpasses $2 trillion, millions of Americans—particularly adolescents and young adults—consume mental health content

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A Social Prescription for Loneliness: How Regulation Can Help Prevent a Tsunami of Health Problems Through Social Connection

In May 2023, the U.S. Surgeon General declared loneliness a public health crisis. Despite the impact of the Covid-19 pandemic, research has demonstrated that historically, social isolation and loneliness have been long-term influencers of negative health consequences prior to the pandemic. Even in our post-pandemic world,

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Bodies in the Beds: How REITs, Private Equity Firms, and County Hospitals Monetize Nursing Home Residents as Real Estate Acquisitions

Nursing home residents have become monetized targets of real estate acquisitions. Established in 1960, Real Estate Investment Trusts (REITs) were envisioned as allowing individuals to invest in commercial real estate without owning properties. That seemingly innocuous investment idea has led to the growth of a behind-the-scenes empire of

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Addressing Homelessness and Hunger Through a Human Rights Approach Focused on Collective Responses

The United States is experiencing unprecedented levels of homelessness and food insecurity. In 2024, the number of unhoused persons on a single night reached the highest ever recorded, and in 2023, 13.5% of the population lived in food insecure households, including 7.2 million children. Both homelessness and food

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Staying Off the Android’s Couch: Examining the Burgeoning Regulatory Response to AI Chatbots in Mental Health Care

In 2023, the National Eating Disorders Association (NEDA) was forced to remove its AI chatbot “Tessa” from its help hotline after observations of the chatbot providing harmful advice to callers about eating disorders. That same year, a Belgian man committed suicide after a prolonged, emotionally intimate conversation with an experimental

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Child Custody Presumptions: From Fault and Gender to Equal Time

For most of history, judges have applied fault- and sex-based presumptions to decide the kinds of custody arrangements that are in children’s best interests. Now that those have been eliminated, courts have no clear guidance for deciding the custody of children other than a vague directive to do

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How the Roberts Court Killed Originalism

Although there are at least five justices who identify as originalists on the Roberts Court, none of them exercise judicial review in an originalist manner, and the Roberts Court as an institution is no less or more originalist than previous Supreme Courts. The important difference between the Roberts Court and

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Affordable Housing Cooperatives as Shared Equity Homeownership: Part II – Organizational Law, Resource Governance and a Corrective-Distributive Approach

Part II of this Article deepens the expanded view of organizational law developed in Part I with a focus on its distributive features. Using the analytical framework of entity governance, resource governance, and use and purpose governance, Part II demonstrates how these dimensions of organizational law interact to constrain the

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Affordable Housing Cooperatives as Shared Equity Homeownership: Part I – An Expanded View of Organizational Law and its Governance Dimensions

Scholars and advocates have emphasized affordable housing cooperatives as an important opportunity for shared equity homeownership. Yet, except for a few jurisdictions, these entities comprise a small share of the housing market. This article situates the limited presence of affordable housing cooperatives as arising from the constraints and frameworks of

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The Federal Death Penalty as a Sign of the Times

Scholars have been predicting the demise of the American death penalty for much of the twenty-first century. This prediction finds support in state-by-state abolition, reduced numbers of new death sentences, and continued reductions in the death row population. Despite significant movement away from the death penalty, the

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The Free Exercise of Religion as a Privilege

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to

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Foreward: The Law of Shoulds

Law and morality are inextricably linked. Those who make, enforce, or are subject to the law may wish to believe that legal principles rest on objective foundations, but the reality could not be further from the truth. Even our most basic and well-accepted legal prohibitions or legal rights are

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What's Freedom Got to do With It? Occupational Freedom and the Illusion of Choice

This Article critically examines the concept of occupational freedom, arguing that the legal right to choose and pursue a profession, as enshrined in many constitutional systems, remains largely theoretical for vast segments of the population. While legal frameworks recognize occupational freedom, socioeconomic barriers, systemic discrimination, and cultural norms continue to

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