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Ai Tips And Traps, Patrick Barry

Books

Based on a series of popular courses and workshops that Professor Patrick Barry has created for students, professionals, and anyone else interested in taking a skills-based approach to artificial intelligence, this book gives you a chance to engage with important AI concepts, experiment with exploratory AI exercises, and then ultimately develop your own customized list of AI traps to try as well as AI traps to avoid.

Call Off The Dogs: Rethinking Sniffer Dog Searches In Canadian Criminal Law, Sara Gordon

All Faculty Publications

The Supreme Court of Canada has repeatedly held that police sniffer dog searches are Charter-compliant based on a low standard of reasonable suspicion because they are minimally intrusive, narrowly targeted, and can be highly accurate. Since the Court last considered their constitutionality, however, extensive empirical research has fundamentally challenged assumptions about the reliability and accuracy of police sniffer dogs, as well as the harm to individuals subjected to these searches. Moreover, the phenomenon of handler cueing can operate to transmit a police officer’s unconscious biases—even those they would consciously reject—to their dogs, further reducing accuracy and leading to false alerts …

Interpreting Anti-Boycott Laws In The Shadow Of The First Amendment, Joseph A. Tomain

Articles by Maurer Faculty

Thirty-eight states have enacted “anti-BDS” laws. These laws require people or entities doing business with the state to certify that they do not participate in the Boycott Divestment Sanction movement against Israel. Typically, these laws define boycott as a “refusal to deal, terminating business, or other actions” that limit commercial relations with Israel or Israeli entities. It is highly contested in the courts and commentary whether these anti-boycott laws violate the First Amendment. Assuming arguendo that the “refusal to deal” and “terminating business” clauses do not implicate the First Amendment, that leaves the residual clause. At least one court and …

Annual Report, Fiscal Year 2026, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Lunch Shaming And The Right To Privacy, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to balance tight budgets with the mandate to provide free or reduced-price meals to eligible students. Despite legislative efforts and advocacy campaigns aimed at mitigating the problems associated with lunch shaming, the practice persists, exacerbated by rising food costs and the expiration of pandemic-era food programs.

Many law journal and other articles have correctly …

Law’S Limits: Abortion And The Social Determinants Of Health, Maya Manian

Scholarly Articles in Law Reviews & Journals

After Dobbs: How the Supreme Court Ended Roe but Not Abortion (“After Dobbs”) is a prescient and timely response to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and upended nearly five decades of constitutional protection for abortion. In this meticulously structured oral history, law professor David S. Cohen and sociologist Carole Joffe center the voices of abortion providers, clinic administrators, funders, and advocates from across the country. After Dobbs, not only documents the extraordinary persistence of abortion supporters in the face of legal devastation but also bears witness to …

Not Eu Enough: The Eu's Proposed Multilateral Investment Court As An Infeasible Replacement For The Intra-Eu Isds Mechanism After The Achmea Decision, Rohit Rakhit

Case Western Reserve Journal of International Law

In the landmark case Slovak Republic v. Achmea BV, the European Union Court of Justice (CJEU) invalidated Article 8 of the 1992 Dutch-Slovak bilateral investment treaty (BIT), holding that it conflicted with EU law. Article 8 included a provision which mandated that any party initiating an investor-state dispute governed under the Dutch-Slovak BIT bring the dispute in front of an arbitration tribunal. Since this form of investor-state dispute resolution was customary in the EU, states and investors became concerned about what the future of investment arbitration would look like in the EU. As a solution, the EU proposed the implementation …

Read But Not Understood? An Empirical Analysis Of Consumer Comprehension In Homeowners Insurance, Daniel Benjamin Schwarcz, Brenda Cude, Kyle D. Logue, German Marquez Alcala

Articles

Modern contract law assumes that consumers meaningfully assent to the standard forms that govern their daily lives. However, this assumption is widely regarded as a legal fiction for two key reasons: first, most consumers do not read standard forms, and second, even those who do often struggle to fully comprehend their terms and implications. Although the lack of consumer reading has been well documented through empirical research, consumers’ ability to comprehend standard-form contracts has received surprisingly little attention.

This Article addresses the latter issue by empirically examining whether providing excerpts from the dominant standard-form homeowners insurance policy improves consumer understanding …

Climate Lies And Unjust Profits, Vanessa Casado-Pérez, Yotam Kaplan, Yael Lifshitz, Niv Meyerson

Emory Law Journal

The climate crisis has reached a dangerous tipping point. Our dependence on fossil fuels continues largely unchecked, reinforced by corporations that use their influence to block reform and protect their profits. At the same time, the federal government has dismantled critical environmental safeguards, including by rescinding the greenhouse gas endangerment finding and rolling back vehicle emission standards. Together, these actions threaten to strip away some of the last protections standing between us and escalating climate catastrophe.

In this grim landscape, communities across the nation are turning to the courts with renewed urgency, seeking justice and reform through climate litigation. Yet, …

The Pedagogy Of Legal Synthesis, Stephen Mortellaro

Scholarly Articles

The ability to synthesize implicit legal principles from many ambiguous cases is a mark of a skilled attorney. But legal synthesis is notoriously challenging to teach, and law students typically receive little explicit guidance on how to synthesize. The literature likewise offers law professors little direction on how to impart the skill successfully. This Article serves as a guide for professors to effectively train law students to synthesize implicit legal principles. Drawing upon cognitive science, the study of logic, and educational research, this Article explains the challenges of learning legal synthesis and equips professors with pedagogical methods and curricular resources …

Taxation And The Fair And Equitable Treatment Standard In International Investment Arbitration, Jiangfeng Li

Northwestern Journal of International Law & Business

The recent decade has witnessed an increase of cases in which foreign investors have challenged host states’ taxation measures in international investment arbitrations, arguing that they violated investment treaty protection standards including fair and equitable treatment (“FET”). After conducting a close examination of cases involving taxation-related claims in international investment arbitration, this article reveals that in the cases involving the host states’ taxation measures, the ability of investors to invoke FET claims is very limited, and the chances of foreign investors succeeding in protecting their investment interests through FET claims are much lower compared to other types of non-taxation-related claims. …

Family Law—When Equity Isn’T Enough: The Case For Clearer Standards In Family Law—Cavanagh V. Cavanagh, 267 N.E.3d 574 (Mass. App. Ct. 2025), Brianna Conlon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Certiorari Transparency, Alexandra L. Klein, Michael L. Smith

Scholarly Articles

Amid increasing controversy over the Supreme Court’s amassing of power, rejection of precedent, reliance on the shadow docket, and Justices’ undisclosed acceptance of lavish gifts, legal scholars, commentators, and politicians have called for bold and far-reaching reforms to the Court, including term limits for Justices, stripping the Court of jurisdiction in certain cases, and adding Justices to the Court. This Article proposes a more subtle reform to the Court’s proceedings: the Court should make its certiorari de-terminations, in which it decides which cases to take up and review, public. Currently, the Court exercises near-complete discretion over the cases it decides …

A Clash Between Rfra And The Department Of Homeland Security: Does A Rescission Of The Sensitive Locations Policy Substantially Burden The Free Exercise Of Religion?, Mathew Pelham

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham

Journal Articles

The second Trump administration began with an onslaught of executive orders, many aimed at curtailing the “invasion” of undocumented noncitizens into the U.S.. The purported danger? Hostile cartel, gang, and transnational criminal organization members entering the U.S. as wolves in sheep’s clothing— a phobia fueled by White supremacist ideologies like the Great Replacement theory that sensationalize outlier cases as the norm. Yet the reality behind the hysteria is that most of these noncitizens come to the U.S. in pursuit of refuge. They leave their countries, homes, and communities, not to wreak havoc in the U.S., but to flee the very …

Missing The Forest For The Trees:The Supreme Court Of Canada’S Formalistic Approach Inthe Iaa Reference A Setback For Environmental And Climate Law In Canada, Nathalie J. Chalifour

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This article explores whether the Supreme Court of Canada majority’s reasons in the Reference re Impact Assessment Act missed the forest for the trees. By applying a literal interpretation to the definition of “effects within federal jurisdiction” and what the Court called the “interprovincial effects clause” in the legislation, the majority departed from decades of flexible, purposive interpretation of environmental legislation. This article highlights three interrelated critiques of this aspect of the decision. First, it unpacks the way in which the majority’s reasons run contrary to the Supreme Court’s consistent approach to interpreting environmental legislation in previous decisions, inviting readers …

A Democratic Consultative Constitutionalism For Marxist-Leninist (Socialist) Political Systems—The Theory And Structure Of “Whole Process People’S Democracy” (全过程人民民主), Larry Catá Backer

American University International Law Review

The Chinese Socialist (Marxist-Leninist) constitutional order has recently fully elaborated a theory and practice of democracy, one that has been offered as an alternative model to liberal democratic theory and practice. In contemporary China, this evolution has taken concrete form as the form of 全过程人民民主 (Whole Process People’s Democracy (WPPD)). This essay examines this emerging theory of Chinese democracy both within the structure of Chinese constitutionalism and as an expression of its Marxist-Leninist foundations. The essence of the distinction of this form of democratic theory with classical liberal democracy is the centrality of consultation rather than elections in this system; …

The Unilateral Reinterpretation Of The Treaty Of Waitangi: Analyzing The Treaty Principles Bill And Its Impact On Māori Sovereignty, Jason Kehoe

American University International Law Review

This comment examines New Zealand’s compliance with the Treaty of Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples by examining the countries treatment of Māori following the introduction of the Treaty Principles Bill and comparing the nations treatment of these groups to similarly situated nations. This comment analyzes the legal and moral duties imposed by the UNDRIP and ILO Convention 169 and the criticism New Zealand has faced for its pushback against the principles originally enshrined in the Treaty of Waitangi. This comment will first provide background on the treatment of Māori in New Zealand following …

Unwanted Medical Treatment Harms Patients: Taxonomy Of Healthcare Consent Infractions, Thaddeus Pope

Faculty Scholarship

Patients in the United States are subject to an ever-growing “avalanche” of unwanted medical treatment (UMT).  This is ethically, economically, and legally wrong. First, UMT constitutes a serious violation of patient autonomy and self-determination.  Second, it is waste (and often fraud or abuse) of scarce healthcare resources.  Third, but for rare exceptions, administering UMT contravenes settled legal rules and principles around consent and battery.

This article describe four types of unwanted medical treatment and how the law addresses (or fails to address) them.  The four types of UMT are (1) treatment over patient objections, (2) treatment with zero consent, (3) …

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

Mitigating Data Privacy Risks In Political Micro-Targeting Through Gdpr-Compliant Federated Learning: Lessons From The Cambridge Analytica Controversy, Jingfan (Serena) Xiao

Marquette Intellectual Property & Innovation Law Review

Political micro-targeting employs granular data analytics to deliver hyper- personalized political messaging, raising fundamental tensions between electoral strategy, data privacy, and democratic accountability. The Facebook- Cambridge Analytica scandal exposed significant gaps in pre-GDPR data protection laws, highlighting the risks of unchecked algorithmic profiling in shaping voter behavior. However, as micro-targeting evolves under more sophisticated AI-driven systems, a pressing question emerges: should AI- generated political messaging qualify for First Amendment protection? This Article introduces the concept of speech certainty, arguing that speech must be intentional and cognitively understood by the speaker at the moment of articulation to warrant constitutional protection. Under …

Colorado, Eli Miller, Elizabeth Witting, Lexi Lecroy

Water Law Review

Franktown Citizens Coal. II, Inc. v. Indep. Water and Sanitation Dist., 567 P.3d 121 (Colo. 2025)Town of Firestone v. BCL Colorado LP (In re Water Rts. Of Town of Firestone), 569 P.3d 89 (Colo. 2025)Baker v. Safadi-Chamberlain, 575 P.3d 458 (Colo. App. 2025)

Digital Redlining In The Smart City: Artificial Intelligence, Housing Law, And Structural Urban Inequality, Spurthi Nrusimhadevara

Undergraduate Scholarship and Creative Works

Artificial intelligence is increasingly used in urban housing systems, where it shapes decisions about tenant screening, rent pricing, lending, zoning, and neighborhood investment. Although these tools are often promoted as efficient and impartial, they frequently rely on historical data that reflect racial, economic, and spatial inequality. As a result, AI systems can reproduce discriminatory outcomes even when protected characteristics are not directly used. This paper examines digital redlining in the smart city and argues that algorithmic housing tools mirror long standing structural inequities that raise significant concerns under fair housing and civil rights law. It evaluates how automated screening, predictive …

Vol. 29, No. 1: Full Issue

Water Law Review

No abstract provided.

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

Trump's War On Diversity, Equity, And Inclusion, Nancy C. Marcus

Faculty Scholarship

Among the many head-spinning developments that have occurred from the first days of President Trump’s second presidency are his attacks on DEI (diversity, equity, and inclusion), including anti-DEI edicts targeting educational institutions. This article provides a chronology and analysis of the early 2025 Trump administration’s attacks on DEI targeting schools nationwide, the resulting harms, and responses thereto, including litigation. A discernible refrain in the early litigation challenging President Trump’s anti-DEI attacks targeting educational institutions across the country has been how those attacks cross a clear constitutional line: the prohibition of unconstitutionally obscure governmental mandates. At its core, the void-for-vagueness doctrine …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Faculty Scholarship

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

Religion Recovers Its History: The Court Puts The Establishment Clause On A New Path, Patrick M. Garry

Missouri Law Review

For over a half-century, the First Amendment Establishment Clause jurisprudence was in disarray. Judicial decisions more often stemmed from social and cultural presumptions than from constitutional history. For years, if not decades, Supreme Court observers waited for a clarifying opinion on this troubled area of First Amendment law. In a 2022 decision upholding a football coach’s right to silently pray at mid-field after a game, the Court issued a momentous decision that not only overruled much of previous Establishment Clause jurisprudence but also suggested a new path forward. Given the Court’s desire to base future doctrines on the historical meaning …

Unlucky Chapter 13, Lawrence Ponoroff

Missouri Law Review

As a social program for individual debtors dealing with financial upheaval, Chapter 13 of the federal Bankruptcy Code is a failure and has been from its inception nearly 90 years ago. It is overly complex, internally inconsistent, and the product of congressional schizophrenia. There is no eagerness to fix it and no interest in eliminating it, which are both suggestions I have offered in the past. And so, with two strikes against me, I’ve decided to take my third and final swing. Using one of the most recent subjects of judicial disagreement over the proper application of the statute as …

The Price Is Right . . . Or Is It?: Thirteen Factors In Evaluating The Antitrust Implications Of Competitors’ Common Use Of Pricing Algorithms, Caleb M. Ross

Missouri Law Review

Imagine a ridesharing application that uses an algorithm to calculate and suggest the fares their drivers can set. If each driver in the area sets their fares at the algorithm’s suggested price, have they done so because there’s an illicit agreement to set artificially high prices? Or have they done so because it makes the most business sense for each of them to follow the algorithm’s recommendation? It is a basic tenet of antitrust law that it is illegal for competitors to agree on what prices to charge for their similar goods. This is commonly referred to as price fixing. …