Digital Commons Network^™

The Seeds Of Peace And Justice, Shai Dothan

Chicago Journal of International Law

Some positive developments in international law had humble beginnings. They started from a small group of idealists who wanted to change the world for the better. Once their ideas gathered momentum, they got the support of people with power and transformed the world. State after state followed each other in a cascade toward improving international law. The purpose of this paper is to investigate the conditions that are beneficial for the initial germination of ideas with the potential to positively revolutionize international law. By using a series of case studies focused on the initiation of major transformations that improved international …

“Because We Take Our Values To War” Analyzing The Views Of Un Member States On Aidriven Lethal Autonomous Weapon Systems, Rangita De Silva De Alwis

Chicago Journal of International Law

In paragraph two of its resolution 2 on lethal autonomous weapon systems, pursuant to U.N. General Assembly resolution 78/241, the General Assembly requested the Secretary-General to solicit the views of Member States and Observer States regarding lethal autonomous weapons systems (LAWS). Specifically, the request encompassed perspectives on addressing the multifaceted challenges and concerns raised by LAWS, including humanitarian, legal, security,

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

The Path To Abundance: The Legal, Policy, And Political Challenges Of An Abundance Agenda, Eric Biber

William & Mary Environmental Law and Policy Review

A range of public intellectuals and academics have argued that America is increasingly unable to advance major projects, such as housing, renewable energy, and innovation, because of legal obstacles such as judicial review and regulatory requirements. In response, the abundance movement has called for legal reforms to speed up project development. The abundance movement has identified real problems that require solutions. Unfortunately, the movement also faces political and legal challenges as well. Reform will require difficult tradeoffs, which will be politically difficult. Abundance reforms will likely not be politically popular, and will be particularly hard to implement in a polarized …

A Green Supply Chain Or A Greenwashed Ad Campaign? Supply Chains, Environmental Marketing, And The Energy Transition, Meredith A. Wegener

William & Mary Environmental Law and Policy Review

Building upon prior research and scholarship, this Article is a study into supply chain environmental marketing, the Federal Trade Commission, and the evaluation of potential changes to the Green Guides under the umbrella of the global energy transition. While prior legal scholarship has addressed details of environmental marketing such as fashion, recycling, or agricultural practices, this Article brings this work forward and addresses the collective challenge the global supply chain creates for all environmental claims across industries in truthful environmental marketing.

What is truth-in-advertising in environmental marketing, given the global path of consumer products? In Part I of this Article, …

Are You Your Expert's Keeper? Assessing The Impact Of Generative Ai And Expert Testimony, Hon. John G. Browning

Nova Law Review

No abstract provided.

The Ai Trap: How Over-Reliance On Generative Ai Undermines Professional Development For Law Students And Young Attorneys, Jane E. Cross

Nova Law Review

No abstract provided.

Ensuring Ai Adequacy For Class Members, Alissa Del Riego

Nova Law Review

No abstract provided.

Mandating Professionalism In Florida: Continued Attempts To Sanction Lawyers Into Being Nice, Debra Moss Vollweiler

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 50, Issue 2

Nova Law Review

No abstract provided.

Where Does The Border Begin And The Fourth Amendment End? Warrantless Forensic Searches Of Outbound Travelers' Electronic Devices, Robert C. Buschel Esq., Bradford M. Cohen Esq.

Nova Law Review

No abstract provided.

Human Or Machine? Evaluating Authorship In The Age Of Generative Ai, Risauris Sanz-Garcia

Nova Law Review

No abstract provided.

Women Speaking Law, Christine Venter

Journal Articles

From the Article

This Article will proceed in five parts.

Part I will briefly detail women's struggles to gain full access to legal positions generally throughout history.

Part II will emphasize women's lack of representation as oral advocates before the Supreme Court, while suggesting that the disproportionate selection of men as apex court clerks may be in part responsible.

Part III will cover the importance of oral argument and illustrate how women are effectively impeded from participating in a forum where decisions are being made.

Part IV will detail how both women advocates and women Justices are continually interrupted by …

Gamification: The Viability Of Using Genai To Create Games To Teach Legal Concepts, Nicole Belbin

Faculty Scholarship

This Essay examines whether generative artificial intelligence (GenAI) can lower the technical, time, and cost barriers that have limited the use of game-based learning (GBL) in legal education. It first considers the science of learning, focusing on spaced practice, retrieval practice, and concrete examples, and explains how GBL can incorporate these strategies. It then evaluates four general-purpose GenAI tools—Perplexity, Gemini, ChatGPT, and Claude—by testing their ability to state legal rules accurately and create games that teach personal jurisdiction.

The results demonstrate both GenAI’s promise and its limitations. Although all four tools incorporated core concepts of general jurisdiction, each omitted at …

Peeking Inside The Black Box: Discovery In Fair Housing Act Cases Arising From Ai Decision Making, Jessica Mahon Scoles

Faculty Scholarship

In today’s real estate market, more housing decisions are being automated. If artificial intelligence renders a biased decision, will the person impacted have any legal recourse? Commentators have expressed concern that the proprietary nature of AI will allow defendants in discrimination lawsuits to avoid discovery, effectively shielding their decision making from judicial scrutiny. This article examines whether AI and algorithm-related information is the discovery black box that some fear it to be.

Addressing the issue in the context of Fair Housing Act (FHA) litigation, the article argues that concerns about access to AI and algorithm-related discovery are overstated. In real …

Maine Law Magazine - Issue No. 100, University Of Maine School Of Law

Maine Law Magazine

Features

• Maine Law’s Privacy Program Continues to Innovate
  How Maine Law’s privacy and innovation programs are preparing students for emerging legal challenges.

• New Business & Law Clinic
  Strengthening Maine’s economy one startup at a time.

• Global Experiential Learning
  From the Arctic Circle to U.N. climate negotiations, students engage with environmental law where it happens.

• Rural Access to Justice
  The Rural Practice Clinic’s impact on Maine’s growing justice gap.

• Law & Conservation Efforts
  How Maine Law alumni steward change and safeguard the future through environmental advocacy.

• Supporting Maine’s Vulnerable
  The Refugee & Human Rights Clinic expands access to justice across Maine. …

Consensus Decision-Making: Decision-Making Model Of Chinese Constitutional Review, Songfeng Li

Emory International Law Review

The judgment model of constitutional review in China adopts a consensus-based judgment model involving multiple stakeholders, including review authorities, drafting authorities, relevant interest parties, and the general public. Through multi-level, multi-stage, and multi-round interactive communication and negotiation, consensus is reached on constitutional judgments. This judgment model aligns with the power division political system under the NPC system, reflecting the institutional concept of people’s sovereignty and the cultural foundation of valuing harmony. It is also a result of the decentralization of constitutional review authority leading to insufficient power for actual reviewers, the parallel nature of factual and normative judgments in constitutional …

Unbundling 17 U.S.C. § 1202: Construing The Law’S Scope In Light Of Its Text, Purpose, And Remedies, Samuelson, Pamela, Stallman, Erik, Urban, Jennifer M.

Santa Clara Law Review

The Ninth Circuit will soon decide if five anonymous programmers can claim as much as $9 billion in statutory damages from OpenAI and GitHub for violations of an obscure law outlawing infringement-enabling removal or alteration of “copyright management information” (CMI). This Article closely analyzes that law, which is codified as §1202 of Title 17 of the U.S. Code. The law is remarkable in several respects. Statutory damages available for §1202 violations far exceed those available for actual copyright infringement. Copyright infringement need not be alleged, let alone found, for liability under §1202 to attach. Indeed, it is not even necessary …

Racial Disparities In Maternal Mortality: The Role Of Explicit And Implicit Bias In U.S. Healthcare, Lailah Allen

Capstone Showcase

Maternal mortality in the United States remains a critical public health crisis, with disproportionately high rates among Black and other minority women. Despite advances in obstetric medicine, racial disparities in pregnancy-related deaths persist due to structural inequities, implicit bias in healthcare delivery, unequal access to prenatal and postpartum care, and broader social determinants of health. Nationally, Black women are significantly more likely to experience severe maternal morbidity and mortality compared to White women, reflecting longstanding inequities embedded within the healthcare system. This paper examines the relationship between race, healthcare access, and maternal outcomes through a focused case study of and …

Legal Stories Without Villains, Alison Peck

Law Faculty Scholarship

Lawyers have always been storytellers, and cognitive science is increasingly demonstrating that human beings are wired to learn through story. But legal stories may have a dark side if, as theorists have recently suggested, stories motivate pro-social action by reinforcing in-group identification and out-group hatred. In an increasingly divided polity, are we doomed to stories that drive us toward social disintegration? A solution to the legal storyteller’s dilemma may be found in an ancient source: Aristotle’s Poetics. By crafting legal stories that track the elements of the Tragedy as described by Aristotle and adapted by modern storytellers from Broadway …

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

Celebrating WCL Student Authors

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …

Fear, Delay, And Preventable Death: Rethinking Wyoming's Legislative Framework To Reduce Barriers In Overdose Emergency Reporting, Shoshana Sangros

Wyoming Law Review

This Comment asks whether Wyoming’s current immunity framework for reporting overdoses truly reduces delays in emergency treatment when distance, weather, and limited emergency medical service (EMS) capacity already regularly extend response times. It proposes that by amending two Wyoming statutes and funding statewide education, the goal of reducing barriers to calling 9-1-1 to report overdoses can be better achieved, and residents better protected. To support these proposed changes, Part II provides a concise account of relevant Wyoming statutory protections. Part III proposes specific amendments that would address the on-the-ground challenges of the Wyoming emergency response system. These adjustments will utilize …

The Bigotry Of The Future: Ai Recruitment Tools & Hiring Discrimination Law, Lily Manshel

City University of New York Law Review

As one-click applications and a competitive job market result in hundreds of applicants per listing, hiring tools that use Artificial Intelligence (“AI”) promise recruiters a convenient way to sort through the crowd and find the “perfect” candidate, all while eliminating human bias. These tools—which include resume screeners, gamified assessments and personality tests, and video interviewing software—are proliferating so rapidly that their ubiquity is positioned as inevitable by both the software companies that produce them and the employers who use them. However, the use of these automated decision-making tools creates a paradox under existing antidiscrimination law: the systems clearly perpetuate and …

Yars 19(33)

Yearbook of Antitrust and Regulatory Studies

YARS Vol. 19(33)

Health Care Fraud And The End Of Chevron, Joan H. Krause

Health Matrix: The Journal of Law-Medicine

What do the Environmental Protection Agency’s “plantwide” definition of a “stationary” pollution source,” a National Marine Fisheries Service determination of who pays for fishing boat observers, and a Department of Health and Human Services rule governing the marketing of prescription drugs have in common? In short, a government agency’s interpretation of a federal statute. All three cases go to the heart of the administrative state: the ability of an agency, staffed by experts in the field, to interpret static statutory language to offer practical guidance to an ever-evolving industry.

The same is true of health care fraud, although it is …

Contrasting Visions Of Age: Manifestations Of Ageism In Law, Art, And Health Care, Janet L. Dolgin

Health Matrix: The Journal of Law-Medicine

Ageism has befuddled the law’s attempts at remediation. Each “ism” (e.g., sexism, racism) differs from the others. Ageism, however, differs fundamentally from other “isms.” That difference explains the law’s failure to limit it. This article describes the difference, and it explains why that difference has rendered ageism resistant to legal remedies. Legal scholars and gerontologists have asked why the law’s efforts to limit the bias, stigma and discrimination that stem from ageism have largely failed. A remarkable framework for responding to that query derive from literary and artistic depictions of old people over time.

This article has identified shifting visions …

English Only: The Increasing Problem Of National Origin Discrimination In Federally Funded Clinical Research, Sarah Reckess

Health Matrix: The Journal of Law-Medicine

Title VI of the U.S. Civil Rights Act prohibits institutions receiving federal financial assistance from discriminating based on race, color, or national origin. The term “national origin” includes people with limited English proficiency (“LEP”). The number of LEP residents has increased in the United States to over 10% of the residents in the most populous states (Texas, California, New York, Florida, and Nevada). Executive Order 13166, issued in 2000, requires all federal agencies to comply with Title VI by establishing guidelines that remove language barriers to federal programs, services, benefits, and activities. Additionally, it allows federal agencies to withhold funding …

Community Influence In Streamlined Siting Regimes, Danielle Stokes, Uma Outka

Law Faculty Publications

Siting energy infrastructure has long been contentious, but growing local opposition to new energy projects in the U.S. – notably, wind and solar facilities – has drawn nationwide headlines. The legal context for energy siting varies across U.S. states, with local control being a dominant model. Against this backdrop, several states have adopted legislation to facilitate renewable energy siting by adjusting decisional authority between the local and state level.

This article evaluates these reforms at a time marked by change and uncertainty within the energy sector. Bipartisan support for infrastructure permitting reform generally has gained momentum in recent years, often …

Under Pressure: Delaware, Corporate America, And Certified Questions, Derek S. Hubbard

Law Student Publications

With an advanced corporate code and a highly respected Court of Chancery, Delaware has long been America’s home for big business. But its status may be in jeopardy. Within the past year, the Court of Chancery has shattered two market practices and reminded stakeholders of the uncertain nature of fiduciary duties. Corporations have responded. Termed “DExit,” corporations are leaving Delaware for competing jurisdictions, namely Texas and Nevada. As corporations leave Delaware, so do their tax dollars. Delaware’s fiscal stability is directly tied to the continued presence of corporate charters in Delaware. Delaware residents enjoy a low tax burden, with the …

Richmond Electronic Monitoring: The City Sees You While You're Sleeping, Fakira D. Johnson

Law Student Publications

The United States has increasingly recognized its reputation as a prison state, with widespread acknowledgment of its high incarceration rates. As of 2021, the United States imprisoned one out of every five prisoners in the world. Additionally, of its own population, the United States imprisoned one out of every one hundred people.

In response to this notoriety, worsening prison overcrowding, and the heightened risks posed by the COVID-19 pandemic, all fifty states, the District of Columbia, and the federal government increased their utilization of alternative measures to traditional incarceration. As both an addition and an alternative to traditional incarceration, criminal …