Digital Commons Network^™

Logic, Experience, Dan Pengembangunan Hukum, M. Rachim Sjaian, S.H.

Jurnal Hukum & Pembangunan

Abstract

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Women, Knowledge Institutions, And Constitutional Law, Vicki C. Jackson

UMKC Law Review

This Essay argues that knowledge institutions are crucial to the ability of historically disadvantaged groups—including women—to correct the injustices they have suffered. In Part II, the Essay begins by defining knowledge institutions and explaining why they need legal recognition and protection in a constitutional democracy. Part III then argues that knowledge institutions are a resource for challenging conventional understandings and assumptions that may produce injustices not readily remedied through political processes. Knowledge institutions have served this role in several important constitutional battles in the United States—over racial equality, gender equality, and discrimination against same-sex couples. The claim is not that …

Automating Junk Science, Lisa Waters

UC Law Journal

In the late twentieth century, the boom of forensic disciplines in criminal prosecutions helped drive mass incarceration to an all-time high. Yet scientific and legal inquiry revealed a disturbing truth: Most forensic methods accepted in criminal courts are entirely lacking in empirical support or scientific foundation—in other words, “junk science.” Forensic proponents have recently turned to computer algorithms, costly equipment, and proprietary trade secrets litigation to defend dubious techniques, ushering in a second wave of forensic reliance. But automated technology has masked rather than cured the foundational infirmities in these forensic fields.

This Article examines the growing trend of automated …

Limits Of The Reasonable Inquiry: Artificial Intelligence And The Future Of Rule 11, Celeste Greaves

UC Law Journal

Artificial intelligence (“AI”) burst onto the legal scene and will soon revolutionize practice altogether. Despite enduring technical issues, like hallucinations and implicit bias, AI’s capabilities and potential benefits have created massive impetus toward adoption. Recent cases like Mata v. Avianca highlight the growing need for adaptation in our existing frameworks to ensure the continued legitimacy of representations to the court. The “reasonable inquiry” standard of Rule 11 of the Federal Rules of Civil Procedure is woefully unequipped to meet this challenge for three primary reasons. First, traditional methods for determining whether a new technology has a high level of efficacy, …

Gambling In Pre-Statehood Alaska, Robert M. Jarvis

UNLV Gaming Law Journal

This article concerns gambling in Alaska in the period prior to statehood (1867– 1958). While the courts in this era did not generate very many gambling opinions, the ones they did issue provide a feel for what life was like in the region. In addition, Alaska’s current ban on most forms of gambling can be directly traced back to its first gambling law (1884).

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …

The Fourth Amendment's Right To Be Secure, Thomas K. Clancy

William & Mary Bill of Rights Journal

Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.

The Amendment in its …

Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson

The Business, Entrepreneurship & Tax Law Review

The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …

A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang

The Business, Entrepreneurship & Tax Law Review

First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …

At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate

The Business, Entrepreneurship & Tax Law Review

Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …

Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard

The Business, Entrepreneurship & Tax Law Review

The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

University of Chicago Law Review

No abstract provided.

Economics Or Populism? The Battle For The Future Of Antitrust, Erik Hovenkamp

University of Chicago Law Review

Mainstream antitrust policy is grounded in economics and views the protection of competition as antitrust’s singular goal. But the populist “antimonopoly movement” believes that antitrust should focus less on economic issues and more on the political influence of large firms. While the courts have long embraced the economic approach to antitrust, antimonopolists have recently gained some support in politics. This battle of ideas is therefore poised to determine the future of antitrust.

Antitrust law currently suffers from a number of problems, but the antimonopoly movement does not offer serious solutions. On the contrary, by deemphasizing tangible economic harms in favor …

The Lpe Critique Of Law And Economics, Sarath Sanga

University of Chicago Law Review

No abstract provided.

Living Under Contract: An Lpe Analysis Of American Democracy, Amy J. Cohen, Ilana Gershon

University of Chicago Law Review

Is President Donald Trump appealing in part because he has made contracts seem like provisional arrangements likely to endure only insofar as they serve his (or putatively national) interests? Two political economy studies of U.S. workplaces and firms, one ethnographic and one historical, can begin to shed light. Ilana Gershon’s ethnography explores how people’s everyday legal and political consciousness is formed through their experiences of regulatory decision-making in a contract filled workplace. Sociologist Melinda Cooper’s historical account reveals how a turn to viewing corporations as a conglomeration of individual contracts paved the way for a veneration of autocratic rule. In …

The Law And Political Economy Movement’S Crime Agenda Hurts Black People, Jonathan Klick

University of Chicago Law Review

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger. Finally, there are reasons to believe that decarceration would not be costless for the Black community.

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Reason Enough: The Wrongful Extension Of Asylum’S “One Central Reason” Nexus Standard To Withholding Of Removal, Elaine Hernandez Flores

Washington Law Review

Noncitizens often come to the United States seeking protection from violence, persecution, or life-threatening conditions in their home countries. However, upon arrival, many noncitizens are placed in removal proceedings and face deportation back to the very dangers they escaped. U.S. immigration law provides various forms of relief from deportation, most notably asylum and withholding of removal. Both forms require the applicant to show a connection—or “nexus”—between the persecutor’s motive for persecuting them and one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

Although asylum and withholding of removal both require a noncitizen …

The Indian Law Aunties, Torey Dolan

UMKC Law Review

No abstract provided.

The One Big Beautiful Bill Act's Tax Exclusion For Interest Income On Agricultural Loans: A Windfall For Lenders?, Clayton T. Henderson

North Carolina Banking Institute

No abstract provided.

Regulating Big-Bank Capital: Legal Vulnerabilities Of The Enhanced Supplementary Leverage Ratio Reform, Kavita Kay

North Carolina Banking Institute

No abstract provided.

Reframing Furnisher Obligations Under The Fcra: Roberts V. Carter-Young And The Objectively And Readily Verifiable Standard, Gabrielle R. Lanoue

North Carolina Banking Institute

No abstract provided.

The Lawyer’S Swan Lake: Generative Ai, Legal Epistemology, And The Nondelegable Duty To Think, Angie Zinzilieta

The Business, Entrepreneurship & Tax Law Review

Generative artificial intelligence (“GAI”) has entered law wearing the costume of competence: fluent, confident, and fast. But legal practice is not a memory sport despite the bar exam. Lawyers are paid to create, test, and refine ideas (arguments, narratives, and theories of liability) inside an adversarial system that punishes error, rewards precision, and demands accountability. This article argues that the central risk of GAI in legal work is not merely “hallucinations” or confidentiality breaches; it is epistemic atrophy, an outsourcing of the intellectual labor by which lawyers understand where law comes from, how it changes, and why it applies. Using …

Behind The Black Box: Employer Accountability For Algorithmic Hiring Bias, Nicole Capp

The Business, Entrepreneurship & Tax Law Review

AI hiring tools are now ubiquitous in employment, promising efficiency, cost savings, and reduced human bias. Yet these systems often operate as “black boxes,” replicating or amplifying existing biases and raising significant legal concerns under Title VII of the Civil Rights Act of 1964. Even without discriminatory intent, AI trained on historical hiring data can produce disparate impacts, exposing employers to liability for outcomes they cannot fully understand or explain. Plaintiffs face steep challenges in litigating such claims, particularly in identifying specific practices, demonstrating causation, and proposing feasible alternatives. This article examines how AI perpetuates discrimination in hiring, analyzes the …

Thirty Years, Give Or Take: Reflections On My Life In Banking, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.