Digital Commons Network^™

Moroccan Law On Geographical Indications (Gi) And Appellations Of Origin (Ao), Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

If there is no doubt nowadays on the importance of Geographical Indications and Appellations of Origin and on their positive impact on economic development because of the value they bring to products especially to Moroccan products, this has not always been the case before, under the Moroccan law. These distinctive signs indicate not only the geographical origin of a product, but also one or more particular features that the region concerned contributes to confer on them. Moroccan law has undergone an important evolution on this issue, with a tendency towards an enhancement of the protection of the Geographical Indications (GI) …

Rethinking The Refugee: From Migrant Hierarchies To Migration As A Human Right, Roni Amit

Seton Hall Law Review

No abstract provided.

Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham

Seton Hall Law Review

No abstract provided.

Legal History: The Curious Case Of The Disappearing Unceded Lakota Territories, Sebastian F. Braun

American Indian Law Journal

This Article discusses whether the Lakota Nation still has title to the unceded territories outlined in the Treaty of 1868. While many accounts focus on the supposed diminishment of the Great Sioux Reservation, the question of the unceded lands has largely been forgotten. It has renewed relevance in the context of the Dakota Access Pipeline, which crosses the lands. From a broader perspective, the case raises questions about how history is understood, constructed, and selected in American Indian Law cases. Most legal cases, especially those concerning treaty rights, are rooted in an interpretation of history; if that history is misinterpreted …

Beyond Icwa: Within Family Court Systems, Mixed Indigenous Families Confront Ongoing Jurisdictional Violence, Nis Wilbur

American Indian Law Journal

Mixed Indigenous families (MIFs) navigating parental custody in the United States can find themselves trapped in a Battleship®-style jurisdictional maze, where tribal, state, and federal authorities collide unpredictably. This legal mess threatens to separate children from their tribal communities, undermines tribal sovereignty, and can force families into years of costly litigation. The problem is rooted in centuries of white supremacist law and policy that systematically dispossess tribes of culture and self-governance: from the Marshall Trilogy to the boarding school era and harmful adoption schemes. Today, legal frameworks like the UCCJEA remain insufficient as they minimize or ignore tribal civil jurisdiction, …

U.N.Masking American Exceptionalism: How International Frameworks Can Inform American Indian Policy, Kaitlin Reese

American Indian Law Journal

“U.N.masking American Exceptionalism: How International Frameworks Can Inform American Policy,” serves primarily to examine and criticize how American case law, such as Johnson v. M’Intosh, has been used in foreign courts to justify the Doctrine of Discovery and how, despite many other courts eventually acknowledging it as a harmful rule of law in meaningful ways, the United States has done no such thing. This Article walks through not only the legal cases both at home and abroad, but also delves into the historical background that led up to Johnson, examines the cases abroad that integrate the Doctrine of Discovery and …

The Tribal Rules Of Evidence, Nicole Morote

American Indian Law Journal

Rules of evidence shape litigation practice across the country. In this sense, they govern the truth as it enters the court. Legal scholarship has yet to study tribal approaches to evidence— an area with tremendous promise for legal practitioners and evidence rulemakers alike.

This Article is the first to do so. It analyzes an array of tribal evidence codes across the United States. It reveals three frameworks that describe tribes’ approaches to the Federal Rules. In doing so, it offers a modest contribution to the nascent intersection between Tribal law and evidence studies: crucial insight into tribal systems’ unique needs, …

Advancing The Rights Of Nature: Lessons From Sauk-Suiattle V. City Of Seattle, Harry S. Katz

American Indian Law Journal

Advocates for the “rights of nature” seek recognition of legal rights for natural elements such as mountains, rivers, and non-human species as a means of protecting the environment. In the United States, Tribal Nations have been at the forefront of this nascent movement. In a 2022 Washington state case, the Sauk-Suiattle Indian Tribe sued the City of Seattle, alleging that the City’s hydroelectric dams on the Skagit River infringe upon the rights of salmon. Those rights, they claim, include the salmon’s rights to exist, flourish, regenerate, and evolve. The case, known as Sauk-Suiattle Indian Tribe v. City of Seattle, …

Native History Is United States History: How United States History Censorship Leads To Passive Acceptance Of Racial Discrimination And Furthers The Decline Of Tribal Sovereignty, Nickolasa A. Jackson

American Indian Law Journal

Native stories are embedded in the United States Constitution, property law, and the nation’s legal and political framework, but education frequently omits these truths. Such erasure perpetuates misunderstanding, invisibility, and hostility toward Native communities, obscuring the reality that the United States was built through the dispossession, coercion, and suffering of Indigenous Peoples. Whitewashing history has allowed the nation to claim moral virtue and industriousness while denying the foundational role of Indigenous Peoples. The Article emphasizes that Native rights, whether land, water, or other treaty-protected entitlements, as well as inherent rights such as tribal sovereignty, are not charitable or discretionary; they …

Unlocking The Benefits Of Transparent And Reusable Science For Climate Risk Management, Adam B. Pollack, Lisa Auermuller, Casey D. Burleyson, Jentry Campbell, Madison Condon, Courtney Cooper, Matteo Coronese, Sönke Dangendorf, James Doss-Gollin, Prabhat Hegde, Casey Helgeson, Robert E. Kopp, Jan Kwakkel, Corey Lesk, Justin Mankin, Robert E. Nicholas, Jennie Rice, Samantha Roth, Vivek Srikrishnan, Moira Scheeler, Nancy Tuana, Chris Vernon, Mengqi Zhao, Klaus Keller

Faculty Scholarship

People around the world seek climate risk information to guide their decisions. For instance, projections about future flood risk inform where households choose to live, how lenders manage credit risks, and which communities receive federal funding. Yet data limitations and fundamental validation challenges raise important concerns about the reliability of such projections. The principles of transparency and reusability help address these concerns by enabling scrutiny of assumptions and methods, development of foundational data and tools, and consistent application of evaluation standards. While there is ongoing debate about how much transparency commercial climate risk services should provide, many expect noncommercial actors …

A Case Comment On Cryogas Equipment V. Inox India, Eashan Ghosh

Indian Journal of Law and Technology

Composite claims for copyright and design have long posed conceptual difficulties under Indian law. A pointed attempt by the Supreme Court in Cryogas Equipment v Inox India (‘Cryogas’) to resolve these difficulties, therefore, is of considerable interest.

In this Comment, I examine Cryogas in detail. I find that, despite adopting a schematic approach that is promising on the surface, Cryogas offers little assistance in untangling the constituent portions of copyright-design claims. For one, its test for telling apart artistic works from designs is entirely self-referential and requires a pre-existing understanding of what outputs statutorily constitute ‘artistic works’ and …

Chatgpt Goes To (National)Law School, Rahul Hemrajani, Vedant Gupta, R Srivatsan, Radhika Singhal, Krishne Tanneerbavi, Shristy Chhaparia, Siddharth Johar, Srujan Sangai, Suvanssh Mahajan, Priyansh Dixit, V Sreedharan, Dhruv Holla, Gunjan Modi, Kajal Jamdare, Pratyay Amrit, Sannah Mudbidri, Ishaan Goel, Akshit Singla, Arjun Mehta, Madhav Mitruka, Mannat Mahaey, Nathaniel Warjri, Swapnil Das, Ojas Chandaniha, Yash Ahirwar, Animesh Tiwari, Aman Meena

Indian Journal of Law and Technology

This paper presents the first comprehensive empirical evaluation of Large Language Models’ (‘LLMs’) performance in Indian legal education. We compare six Artificial Intelligence (‘AI’) chatbots with law students at the National Law School of India University, Bengaluru, across four subjects: Contract Law, Corporate Law, Criminal Procedure, and Jurisprudence. Our findings show that LLMs achieve performance comparable to human students (B+ grade), with newer commercial models consistently outperforming older and open-source alternatives. We also find that while LLMs excel in theoretical subjects and structured legal analysis, they show limitations in handling jurisdiction-specific knowledge and complex scenario-based reasoning. These findings have important …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

Anchoring Deference: The Chevron Doctrine, Loper Bright, And Alaska Administrative Law, Jon W. Katchen, Will R. Crowther

Alaska Law Review

After statehood, the Alaska Supreme Court operated on a blank legal slate. No Alaska precedent, for example, addressed the fundamental question of when courts should defer to an agency’s statutory interpretation. In addressing this issue, the Alaska Supreme Court largely adopted the framework developed by federal courts in the 1950s and 1960s, prior to the emergence of the Chevron doctrine. The federal case law from this era relied on nebulous standards to guide when an agency’s interpretations were subject to the deferential reasonable basis review. Not surprisingly, by adopting that federal jurisprudence, Alaska precedent suffers from the same shortcomings. And …

Where There’S Fire, There’S Smoke: Regulation Of Fine Particulate Air Pollution In The Fairbanks North Star Borough, Caleb T. Anderson

Alaska Law Review

In 2006, the U.S. Environmental Protection Agency strengthened the National Ambient Air Quality Standards (NAAQS) for 24-hour fine particulate air pollution (PM2.5). A large portion of the Fairbanks North Star Borough, encompassing the cities of Fairbanks and North Pole, was designated a Clean Air Act nonattainment area under the revised PM2.5 standards. Wood smoke from home heating was found to be one of the primary culprits, particularly during strong inversions that trap air pollution at ground level. This Article reviews the complex legal history of federal, state, and local efforts to bring the Fairbanks area into compliance with the NAAQS. …

“Parked Under The Influence” Is Not A Crime: Why The Alaska Supreme Court’S Broad Interpretation Of “Operating A Vehicle” Is Wrong, Paul A. Clark

Alaska Law Review

In Jacobson v. State, the Alaska Supreme Court interpreted the word “operate” in Alaska’s driving under the influence statute to include sitting in a running, parked car. Jacobson was part of a national trend. In the last few decades, courts in about half of states have interpreted “operate” to mean “being in control of” or “exercising dominion over” a vehicle—for example, sitting in an unmoving vehicle. This judge-made law is controversial as it expands the definition of “operate” without legislative approval. As one dissenting justice put it in a case similar to Jacobson, “[t]he effect of the majority opinion is …

Circumscribing Alaskan Law Enforcement’S Access To Pretrial Electronic Monitoring Location Data, Rosa Gibson

Alaska Law Review

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of …

Structural Logics Of Presidential Immunity, Aziz Z. Huq

Duke Law Journal

In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these immunities inhibit criminal indictment or conviction of the president, and indeed the criminal prosecution of a substantial number of subordinate officials, across many imaginable fact-patterns. The Court justified its interventions on consequentialist, and not originalist or precedential, grounds. But its analysis of immunity’s actual and likely effects was radically incomplete. It focused narrowly on the person of the president, eschewing any attempt to situate or relate that individual’s incentives and behavior to the wider institutional …

No More “Vague Handwaving”: Applying The Overlooked “Person Aggrieved” Provision Of The North Carolina Administrative Procedure Act To Election Litigation, William Allred

Duke Law Journal

The North Carolina Administrative Procedure Act requires claimants against state agencies to be “persons aggrieved,” meaning they have been “affected substantially” in their “person, property, or employment” by the challenged agency action. But in the 2024 general election, North Carolina state courts largely ignored this requirement, permitting plaintiffs to sue based on allegations of harm that some considered to reflect no more than “vague handwaving about election integrity.” This fact-light litigation strained state resources and reduced ballot access. But the solution is not so simple as just reminding courts that a statute exists. State appellate courts have never explained how …

What Can Legal Knowledge Do For Access To Justice?, Kathryne M. Young, Heidi H. Liu

Duke Law Journal

Worker misclassification is one of the most pervasive and harmful civil justice problems in the U.S. The inaccurate and illegal categorization of workers as independent contractors costs U.S. workers billions of dollars annually in overtime pay and health benefits—a problem that has become even more pervasive with the expansion of the gig economy.

Yet, worker misclassification is only one dimension of the broader “access to justice crisis” in the United States—the unsolved legal problems and unmet legal needs that touch most people’s lives and livelihoods at many points, but especially impact low-income people and people of color. These legal issues …

A Case For Judge-Made Law For The American Jurists From An English Perspective—Drawing Example From The Human Rights Act 1998, Samuel Kuo

Georgia Journal of International & Comparative Law

Many authors frown upon judge-made law as an inappropriate and ghastly exercise of judicial activism in American jurisprudence. This, nevertheless, is not the view of English jurisprudence. This Comment proposes instead that the American legal audience should embrace the benefits of judge-made law as a means of correcting the rigidity and inadequacies of the legislature. It does so by drawing an example from the recent debates over whether the Human Rights Act 1998 should be amended or repealed by the legislature, which is comprised of the members of parliament sitting in the House of Commons. By drawing the example of …

Current Tax Reading, Jinyan Li, David Duff, Alan Macnaughton, Michael Veall

Articles & Book Chapters

No abstract provided.

Delegation And Agency Deference In Financial Regulation: A Comparative Eu-U.S. Perspective, Rosa M. Lastra, Patricia A. Mccoy

Law and Contemporary Problems

No abstract provided.

Sustainability Assurance, Luca Enriques, Alessandro Romano, Andrew F. Tuch

Law and Contemporary Problems

No abstract provided.

Usaid Grant Recipient Data Fy2002-2025, Susan Turner Haynes

Faculty Works

Grant recipient data from USAID from fiscal years 2002-2025.

Ethics Of Artificial Intelligence For Lawyers: Shall We Play A Game? The Rise Of Artificial Intelligence And The First Cases, Cliff Mckinney

Arkansas Law Notes

In the 1983 movie WarGames, a young computer hacker accidentally accesses a United States military supercomputer programmed to run nuclear war simulations. Four decades after WarGames, lawyers are now facing similar challenges of learning to use and communicate with artificial intelligence––hopefully without destroying the world. Artificial intelligence tools, such as ChatGPT, Claude, and Gemini, are quickly being incorporated into legal practice. These systems can draft documents, perform analysis, and support other legal tasks. While lawyers adjust to these new technologies, courts and regulatory authorities are actively developing appropriate frameworks to guide and supervise the use of these tools within the …

Forever Un-Wild: How The Forever Wild Clause “Locks Up” New York’S Closed Correctional Facilities, William Carswell

Pace Environmental Law Review

Article XIV of the New York State Constitution, better known as the “Forever Wild Clause,” enshrines a conservationist ideal into law. The crux of article XIV prohibits the leasing, selling, or exchanging of state-owned land within New York’s Forest Preserve to private entities. Since its inception, this mandate has dictated the State’s approach to management of its Forest Preserve. Whenever New York decides to excise a piece of its Forest Preserve, the cumbersome yet necessary constitutional amendment process is triggered. Renewed attention to this legal requirement is peaking. Since 2009, five former Department of Corrections and Community Supervision sites located …

Surf And Turf: How Litigation Against Concentrated Animal Feeding Operations Can Inform Regulation Of The Aquaculture Industry, Amanda Kapitula

Pace Environmental Law Review

Industrial agriculture dominates the U.S. agricultural industry. On land, animals are stuffed into factory-like facilities, called concentrated animal feeding operations (“CAFOs”), where they are raised to maximize the output of food products. In the process, they produce vast amounts of waste, contaminating surrounding air and water resources. Increasingly, factory farms are making their way into the water as the fishing industry shifts from wild-catch systems to aquaculture operations, or the raising of fish for consumption. While aquaculture has the potential to be a more sustainable option than both wild-catch and animal agriculture, concentrated aquatic animal production facilities (“CAAPFs”) also have …

Soft Law Governance Of Artificial Intelligence In Healthcare, Gary E. Marchant

Akron Law Review

No abstract provided.