Digital Commons Network^™

United States Internal Displacement Policy In The Era Of Climate Change, Bashar Zaheer

Saint Louis University Law Journal

At the outset of 2025, the United States was greeted with a series of unprecedented wildfires sweeping through Los Angeles, causing immense damage to property and loss of lives, while thousands were forced to evacuate their homes. This came just months after flooding from Hurricane Helene hit North Carolina and surrounding States, causing at least 130 deaths and rendering many residences uninhabitable. Despite this deepening crisis, the identification and protection of the rights of climate refugees and Internally Displaced Persons (“IDPs”) remains a burgeoning topic internationally, and even more so in the domestic context of the United States. As described …

A Farewell To Space Arms Control, Eytan Tepper, James B. Romano

Saint Louis University Law Journal

This paper examines the nearly seven decades of attempts to adopt multilateral rules restricting space arms race and limit military uses of outer space. The paper presents the early success to introduce, as part of the 1967 Outer Space Treaty, basic key limitations, notably a ban on weapons of mass destruction and offensive military uses of celestial bodies, and the subsequent failure to expand these basic rules. Indeed, despite forty-five years since the early 1980s of work in various streams and frameworks attempting to prevent a space arms race, and despite many countries’ proclamations supporting space arms control, no meaningful …

From Classroom To Closing Table: Strategies For Teaching Transactional Drafting And Preparing Law Students For Practice And The Nextgen Bar Exam, Keisa M. Johnson Monroe

Saint Louis University Law Journal

Undoubtedly, at the end of each semester on the final evening of my Transactional Drafting course, a student approaches me to share feedback and reflections on the class. Their feedback often ranges from expressions of surprise—”This class was actually more enjoyable than I expected”—to reconsiderations of their initial intentions—”I’m going to be a trial lawyer, so I wasn’t even going to take this class, but I’m so glad I did!”—to newly discovered interests—”I think I’m actually interested in pursuing a career as a transactional lawyer now.” These student reflections are helpful as they offer valuable insights as I am constantly …

Breaking The Huddle: Judicial Deference, Antitrust, And The Ncaas Path Forward, Zeke Stockton

Saint Louis University Law Journal

The University of Tennessee Men’s Basketball team entered Week Ten of the 2024–25 college basketball season ranked number one in the country. The Southeastern Conference’s leading scorer going into Tennessee’s game against Texas that week was Tennessee’s Chaz Lanier. On the first play of the second half, Lanier launched a pass into Tennessee’s bench instead of taking an open jump shot. Rick Barnes, Tennessee’s head coach and one of the winningest coaches in college basketball history, immediately took Lanier out of the game. Barnes said in the post-game press conference, “[t]hat play was designed for that shot. I told him, …

Transactional Lawyering: Pro Bono Meets Digital Innovation, Patricia Hureston Lee

Saint Louis University Law Journal

The rapid expansion of digital innovation (i.e., cloud computing, the Internet of Things, artificial intelligence (“AI”), blockchain, voice recognition, large language models (“LLM”), and other virtual and augmented reality) enhances the possibility of more pro bono lawyering and greater access to justice. At the same time, the presence of lawyers is even more important and threatened than in previous eras because of the proliferation of digital innovation. The current dilemma is exacerbated by the convergence of three phenomena: the continuation of under-resourced and disadvantaged clients needing pro bono transactional legal services, the ever-present capacity constraints of legal service providers, and …

Masthead

Saint Louis University Law Journal

No abstract provided.

Both Sides Now—A Holistic Approach To Transactional Drafting (The Case For Better Preparing Our Students For A Business Transactions Practice), John G. Boyle

Saint Louis University Law Journal

I have much to be grateful for professionally.

For starters, St. Louis University School of Law (“SLU”) took a chance on me in the Fall of 1977. With the discipline, encouragement, and, yes, sometimes humor, dispensed by SLU faculty and administration over the following three years, I learned how to think like a lawyer: Analytical. Fact-based. Objective. Grit.

Masthead

Saint Louis University Law Journal

No abstract provided.

Cruel Deference: State Narratives, Credibility, And Power In Convention Against Torture Adjudications, Amelia S. Mcgowan

Saint Louis University Law Journal

U.S. courts and the Board of Immigration Appeals (“BIA”) have long treated the U.S. Department of State’s Country Reports on Human Rights Practices as uniquely authoritative sources for determining country conditions in claims for immigration protection. In its 2025 precedential opinion Matter of A-A-R-, the BIA extended this deference to claims for protection under the Convention Against Torture (“CAT”). This decision and others like it raise the question: whose voice matters most when evaluating the likelihood that an applicant faces torture, and why?

This Article critically examines the evolution of the Country Reports’ authoritative role in U.S. protection …

Sanctuary Standoff: Constitutional Fault Lines In Immigration Enforcement, Cindy G. Buys

Saint Louis University Law Journal

During both its first and second terms, the Trump Administration has taken aim at so-called “sanctuary” jurisdictions to try to encourage or force cooperation with federal immigration law enforcement. In addition to targeted immigration enforcement efforts, the Administration has waged a legal and public media campaign against states, counties, and cities that the Administration views as sanctuary jurisdictions and has attempted to withhold a wide variety of federal funds from those jurisdictions to pressure them to change their policies. While there is no definition of a sanctuary jurisdiction in any federal statute or executive order, the Department of Justice (“DOJ”) …

Filling The Network Gap In Research Ethics: Analyzing Ethical Issues At Scale In Big Team Science, Susan Wolf, Gillian H. Roehrig, Timothy L. Pruett, Korkut Uygun, Claire Colby Mcvan, Evelyn Brister, Shawneequa L. Callier, Alexander M. Capron, James F. Childress, Rosario Isasi, Andrew D. Maynard, Kenneth A. Oye, Paul B. Thompson, Terrance R. Tiersch

Articles

Scientific research increasingly involves large, multidisciplinary teams networked across multiple institutions to develop new technologies. Despite the rise of complex research networks and big team science, there has been too little analysis to date of the ethical challenges facing these networks. The extensive literature on the ethical issues confronting individual researchers and small teams (the microlevel) and on the larger societal challenges flowing from research and new technology (the macrolevel) leaves a troubling gap in between, at the mesolevel of the research network involved in big team science. Yet the ability of complex networks to conduct research ethically—which is essential …

Advancing Neurotech Justice In Youth Digital Mental Health: Insights From An Interdisciplinary And Cross-Generational Workshop, Francis X. Shen, Craig W. Mcfarland, Donnella S. Comeau, Leo Anthony Celi, Benjamin C. Silverman, Sepideh Abdi, Mahsa Alborzi Avanaki

Articles

Researchers and clinicians are increasingly looking to leverage artificial intelligence (AI) and digital tools to improve psychiatric care. Of particular promise is addressing the youth mental health crisis. Yet, the introduction of AI-enabled digital technologies for psychiatric treatment of young adults raises a host of ethical, legal, and societal issues (ELSI). To provide guidance in addressing these issues, we convened a two-day meeting at the Radcliffe Institute for Advanced Study at Harvard University: Advancing Neurotech Justice in Mental Health: Insights from an Interdisciplinary and Cross-Generational Workshop. The meeting brought together a diverse cohort of 17 experts and 5 students …

When Death Is Not Binary, Teneille R. Brown

Indiana Law Journal

There are few dichotomies more recognized than the one between life and death. Given the many legal rights that pivot on this distinction, one would think that the law has exceptionally clear standards for diagnosing death. It may surprise you then to learn that the line between legal life and death is no longer so obvious. That is, in a growing number of cases, there is now disagreement about whether someone is legally dead or alive. This is due to two things: the development of medical devices that can breathe for patients with severe brain injuries, and neuroimaging technology that …

Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

The Ai Advocate: Tracking The Impact Of Artificial Intelligence On Trial Advocacy, John G. Browning

Loyola University Chicago Law Journal

In his annual State of the Judiciary address on December 31, 2023, Chief Justice John G. Roberts chose to focus on the use of generative AI. He cautioned that while AI "has great potential to dramatically increase access to key information for lawyers," its use "requires caution and humility" because of the risk of "dehumanizing the law." Chief Justice Roberts' timely warning, made at the height of concerns nationally about lawyers relying on fabricated case citations caused by the "hallucinations" of generative AI, could have just as easily been targeted not only to the legal profession generally, but to trial …

Public Schools: Immigration & Customs Enforcement’S Unconstitutional And Inhumane Hunting Ground, Ma Camille Briones

Roger Williams University Law Review

No abstract provided.

Institutional And Procedural Aspects Of Military Justice, Frank Rosenblatt

Journal Articles

The U.S. military justice system exists to “promote justice, to deter misconduct, to facilitate appropriate accountability, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.” It provides for disciplinary and penal sanctions of U.S. military members anywhere in the world. Given the size of the U.S. military and the scope of its operations around the world, the military justice system plays a consequential role in accountability for core international crimes, also known as atrocity crimes. The U.S. …

Goodbye, Nomcompetes? Policy Diffusion And State-Level Reforms, Lorenzo G. Luisetto, Norman D. Bishara

Law Faculty Articles and Essays

Post-employment non-competition agreements (“noncompetes”) have been part of the common law dating back to at least 1414. The past 16 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on hold for the foreseeable future, the spotlight shifts back to the states where innovation in noncompete policy is blossoming. In this study, we systematically explore the legislative and policy trends reshaping the U.S. noncompete landscape. We propose a novel typology of these reforms and apply a …

Bad Parenting On Trial: How Gender, Race, And Class Shape Parental Responsibility Prosecutions And Laws For School Shootings, Makayla R. Foust

Washington and Lee Journal of Civil Rights and Social Justice

In 2021, James and Jennifer Crumbley became the first parents in the United States to be found guilty of involuntary manslaughter in connection with their son’s school shooting that killed four people and injured multiple others. As school shootings continue to devastate communities across the country, prosecutors are increasingly holding parents criminally liable for their children’s actions. This development raises fundamental questions about justice, accountability, and the limits of criminal liability. While these laws aim to curb gun violence by enforcing parental accountability, they will disproportionately affect marginalized communities, particularly along gender, racial, and socioeconomic lines. As legal precedent expands, …

Dignity By Design: A Human-Centered Framework For Ethical Ai, Armin Tadayon

Washington and Lee Journal of Civil Rights and Social Justice

The launch of ChatGPT in November 2022 has triggered a global arms race–both among private technology companies and between nation states–for dominance in the field of Artificial Intelligence (AI). If this nascent technology, which is permeating every aspect of our lives as more companies across multiple sectors deploy it for a variety of functions, malfunctions or behaves in unanticipated ways, it can severely affect individuals in their day-to-day lives with broader consequences for society at large. As such, as AI permeates every aspect of our lives, and in some instances, begins to replace humans and human decision-making, it is imperative …

Imprisoned Without A Verdict: The Constitutional Crisis Of Pre-Trial Solitary Confinement, Symone R. Gibbs

Washington and Lee Journal of Civil Rights and Social Justice

Kalief Browder’s name endures as a chilling reminder of the human cost of pre-trial solitary confinement. His story reveals the constitutional paradox and moral failure at the heart of this practice: Individuals who remain legally innocent are subjected to one of the harshest punishments the state can impose. This practice strips people of their liberty twice over, first through incarceration itself, and again through prolonged isolation that inflicts devastating psychological harm. Despite its severity, the use of solitary confinement against pre-trial detainees remains largely overlooked in legal scholarship and reform, even as it undermines the presumption of innocence, exacerbates systemic …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

Mexico’S Judicial Elections And The Politics Of Reform, Amanda Driscoll, Michael J. Nelson, Julio Ríos-Figueroa

Judicature International

No abstract provided.

Revolutionizing The Cross-Border Payment System, Muhui Shi

Michigan Technology Law Review

When you bought your coffee this morning, you probably didn’t notice that many cross-border payments were hidden in the process of shipping beans in Ethiopia to the barista in your neighborhood. Comprising more than ten percent of what U.S. consumers spend, cross-border payments are an essential part of U.S. dollar dominance and commercial competitiveness. Yet, the outdated cross-border payment system—shrinking constantly in reach and struggling with structural changes—is demanding a complete upgrade.

What is the best path forward? Cryptocurrencies? E-money? Stablecoins? Central bank digital currencies (CBDCs)? In this article, I answer the question by uncovering the core needs of the …

Regulating Ai Beyond Product Liability, Shruti Trikanad

Michigan Technology Law Review

Artificial Intelligence (AI) is being used by governments across the world to enforce regulatory mandates, adjudicate benefits and privileges, predict and analyze risks, and much more. Although this has significant potential to increase efficiency and responsiveness, it also comes with several risks of transparency, government accountability, and the amplification of discrimination and bias. It is crucial we oversee and regulate these AI systems effectively. This essay argues against the models that current regulatory frameworks are adopting to govern AI use: those resembling product liability.

Through the lens of the European Union's AI Act and Liability Directive, it highlights the unsuitability …

Health, Patents, And Path Dependence: India's Pharmaceutical Crossroads, Jacie Bissell

Michigan Technology Law Review

This paper examines how India’s historical commitment to affordable medicine and public health continues to shape its pharmaceutical patent regime, even as the country aspires to become an innovation-driven economy. Through the lens of path dependence, the paper explores how India’s legal and institutional frameworks have created structural constraints on policy reform. Focusing on key moments such as the Patents Act of 1970, the landmark Novartis decision, and India’s evolving stance on the TRIPS waiver during the COVID-19 pandemic, the paper analyzes the tensions between fostering pharmaceutical innovation and maintaining access to affordable medicines. While recent procedural reforms and judicial …

Recovering From The Ego Death Of The Internet: How The Communications Decency Act Has Shattered Cyber-Libertarianism And The Non-Exceptionalist Move Toward A Brighter Digital World, Peyton Friedlander

Michigan Technology Law Review

For nearly thirty years, the legal framework for analyzing liability for claims of tortious wrongdoing on the Internet has been governed by Section 230 of the Communications Decency Act (“CDA”). However, much has changed since the Act’s inception. Since Congress enacted the CDA, courts have interpreted its provisions far beyond their original meaning, creating a regime that ultimately destroys a prospective plaintiff’s ability to recover the equitable remedies once available to those seeking redress for online invasions of privacy and reputational harms.

As the Internet continues to grow and changes in technology rapidly develop, it is time to re-center equitable …

Conversational Ai And Human-Centered First Amendment, Inyoung Cheong

Michigan Technology Law Review

Human-centered artificial intelligence (AI) is premised on the idea that humans must remain the ultimate locus of agency in technological systems. First Amendment jurisprudence has displaced this commitment. By extending speech protection to algorithmic architectures, the judiciary has forged a doctrinal shield that insulates corporate actors from the consequences of their products. Conversational AI deepens this crisis through intimate incursions into the epistemic and emotional registers of the self. Emerging approaches that anchor First Amendment coverage to the controllability or traceability of AI outputs offer no stable solution. Policy-level design choices such as safety guardrails and alignment processes can readily …

The Dog Days Are (Almost) Over: Pari-Mutuel Betting Laws And State Subsidies’ Roles In Upholding The United States’ Dog Racing Industry, Mary Grace K. Mcnamara

Student Works

No abstract provided.

Shifting Structural Power: The Tech Energy Transition, Amy L. Stein

UF Law Faculty Publications

For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …