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Ai Regulation Across Borders: Legal Challenges And Prospects For International Cooperation, Alex Whaples

San Diego International Law Journal

The rapid development of artificial intelligence (AI) has fueled international calls for a comprehensive regulatory framework to balance innovation with the protection of fundamental rights. This analysis examines the diverse AI governance strategies of four key jurisdictions—the European Union (EU), the United Kingdom, the United States, and China—highlighting their strengths, limitations, and ideological differences. It explores the complexities of crafting an international AI treaty, including challenges related to enforcement mechanisms, regulatory burdens on developers, and ideological divides between Western democracies and China. To navigate these challenges, fostering global cooperation and ensuring accountability without stifling innovation is essential. By leveraging existing …

Playing With Fire: California Homeowners Risk High Insurance Costs Or Losing Homes To Climate Change Disasters, Emily Serleth

San Diego Journal of Climate & Energy Law

California should continue to further the policy of protecting generational homeowners’ right to their property. To do this, insurance rates should be set in a way that avoids unfair premium increases that violate Proposition 103 and unfairly burden consumers. Utilizing CAT models will increase the cost of home insurance premiums due to overestimations of risk, enable bias on the part of insurance companies, and promote a lack of public scrutiny for insurance rates. This creates a confiscatory rate, which violates Proposition 103 and the California Constitution.

Generational homeowners should not be forced to adopt the FAIR plan just to maintain …

A Toxic Inheritance: Addressing The Legal Implications Of Inheriting Hazardous Waste Land, Ashley Pyle

San Diego Journal of Climate & Energy Law

Inheritance law, governing the transfer of assets and rights from generation to generation, is a cornerstone of legal systems worldwide, Inheritance law’s implications extend beyond wealth management and tax strategies. This Article addresses a neglected area of overlap: inheritance law and hazardous waste. Consider Sarah, a Southern California beneficiary whose narrative exemplifies that overlap, and her story of how inheritance law combines grief, liability, and opportunity….

Inheriting toxic land poses a legal challenge to a beneficiary’s ability to abandon property as a matter of law and policy. This raises the additional question of who should bear cleanup liability for an …

The Perlmutter Center For Legal Justice At Cardozo Law Announces Client Larry Hoover Has Been Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law announced that its client Larry Hoover has been granted clemency after serving over 52 years in prison. Hoover, now 74, spent the last three decades at the ADX Florence supermax facility, much of it in solitary confinement. During his incarceration, he transformed his life by teaching himself to read, earning his GED, and pursuing studies in various subjects. He has renounced his past gang affiliations and is committed to mentoring at-risk youth.

Executive Director Josh Dubin played a key role in advocating for Hoover’s release, alongside the Holloway Project and attorney …

Introduction

The Journal of Contemporary Legal Issues

In November 2023, the Institute for Law and Philosophy at the University of San Diego School of Law convened a Symposium on Andrew Koppelman’s recent book, published in 2022, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. The argument of Andy Koppelman’s book is that whereas modern American libertarianism began admirably with Friedrich Hayek’s corrective to the Depression-era vogue for central economic planning, libertarianism has since devolved into a toxic blend of anarchism, greed, disdain for the weak, and rationalization for environmental catastrophe.

The papers from the Symposium are published in this issue of …

Will The Real F.A. Hayek Please Stand Up!, Eric Mack

The Journal of Contemporary Legal Issues

In this essay, I will argue that neither of these two presentations of Hayek represent the real Hayek. In Part II of this essay, I criticize Koppelman’s contention that there is little distance, if any, between Hayek’s stance on distributive justice and Rawls’s difference principle. In Part III of this essay, I dispute Koppelman’s claim that Hayek is quite receptive to the development and expansion of the regulatory-administrative state. Each of these stances is rejected by Hayek for the same sorts of reasons that stand behind his rejection of central economic planning. Hayek’s critique of central economic planning, his rejection …

Freedom From Libertarianism, Joseph Fishkin

The Journal of Contemporary Legal Issues

Andrew Koppelman’s new book Burning Down the House is a guide to some of the late stages of the libertarian collapse. It’s a book whose many virtues include its clear and simple prose style. As a result of that style, and its generally straightforward exposition, I think this book will be of real use to many people, perhaps especially to free-thinking former libertarians who are engaged in a project of self-deprogramming. The book makes a nice holiday gift to the former libertarian or wavering libertarian in your life who would like to learn more about the arc of how it …

Notes From A Serf, Rachel Lu

The Journal of Contemporary Legal Issues

F. A. Hayek would have hated Obamacare. This must be distinctly understood, or nothing wonderful can come of the argument I am going to relate.

Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier

The Journal of Contemporary Legal Issues

In Burning Down the House, Andrew Koppelman has two goals: one philosophical and one sociological. The philosophical goal is to separate the wheat from the chaff in libertarian thought. Koppelman embraces the merits of F. A. Hayek’s arguments for markets. But he stridently rejects the radical libertarianism of Murray Rothbard, Robert Nozick, and Ayn Rand. The radicals are out, and the moderates are in. Hayek must increase, and Rothbard must decrease.

The sociological thesis is that radical libertarian ideology significantly influences the modern GOP and American conservatism. Koppelman sees the pathologies of the contemporary right as drawing from the …

Burning Questions: A Response To Fishkin, Long, Lu, Mack, And Vallier, Andrew Koppelman

The Journal of Contemporary Legal Issues

I’m indebted to Larry Alexander and Steve Smith for organizing this conference, and to Joseph Fishkin, Roderick Long, Rachel Lu, Eric Mack, and Kevin Vallier for their thoughtful responses to my book, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. When San Diego organized this conference, I gave them the names of the people whom I was most eager to engage with, scholars I admire despite some deep disagreements. They have forced me to sharpen my own views. I am very lucky.

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

Disguising Emotional Distress Damages: Why Permitting Recovery Of “Reasonable And Necessary” Veterinarian Expenses Creates Inconsistency In Virginia, Ethan Payne

Liberty University Law Review

Humans crave companionship. This companionship comes first from a relationship with God and second from an inferior yet ordained relationship with other humans. But what about the creatures not made in God’s image? What about the previously wild creatures we bring into our homes as pets? Many cherish these animals with a love akin to family, especially dogs and cats. But is this the proper pedestal for pets?

This is an ongoing struggle humans have debated since as far back as dogs and cats have been domesticated. As time progressed, select cultures of various geographical backgrounds have subjugated animals, using …

The Necessity Of Better Rape-Related Protections For Victims Of Rape-Related Pregnancy, Joanna Harrison

Liberty University Law Review

A pregnancy that results from a rape is referred to as a rape-related pregnancy (RRP). One of the primary issues surrounding RRP is that, unless terminated by a state family court, the rapist maintains the same parental rights over the child conceived through the rape as any parent would have over their child. Allowing a rapist to keep any level of parental rights is extremely problematic. It forces the rape victim to interact regularly with the rapist, exposes the conceived child to the dangers of a rapist parent, and creates an opportunity for the rapist to weaponize those rights in …

Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter

Liberty University Law Review

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn …

United States V. Skrmetti: The Supreme Court’S Opportunity To Protect Minors By Choosing Biological Reality Over Gender Ideology, Rena M. Lindevaldsen

Liberty University Law Review

“Did God really say?” That’s the question the serpent asked Eve in the garden, as she was tempted to turn from the Truth that God had told her about the consequences of eating the fruit from the one specific tree. She and Adam learned that God really did mean what He said. By rejecting God’s wisdom and instruction, they caused sin to enter the world. The same question forms the foundation of the transgender rights movement: did God, who created mankind in His image, really say that He created them male and female? In today’s culture, when a gender-confused child …

Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son

Journal of the National Association of Administrative Law Judiciary

After an introduction in Section I, Section II of this article will present the history of the commercial speech doctrine, illustrating the rules courts use to evaluate whether the FTC’s actions were constitutional. Section III will explain how the FTC combats deception and will describe the choice of remedies the FTC has available. Section IV will present and evaluate three potential solutions to the conflict between the courts and the FTC on First Amendment issues that courts have implemented. Finally, Section V argues that conflict between the two entities is inevitable, and therefore the middle approach is the best solution …

Facial Recognition Technology: The Case For Comprehensive Federal Oversight, Christopher Hart

Journal of the National Association of Administrative Law Judiciary

This article will argue that regulations for government agency use of FRT should be stringent and limit the exploitation of personal biodata in the private sector. Instead of creating a new agency, Congress could expand an existing agency’s responsibility by granting it regulatory power over facial recognition technology. First, this article will seek to delineate the contours of facial recognition technology and its contemporary application within the United States. Then, this article will analyze the intricacies of FRT in both the public and private sectors. Within the public domain, specific attention will be devoted to discussing the use of FRT …

Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Ethics Of Exploitation: How Social Media Profits From Attention, Addiction, And Data Manipulation, Laeila Scott

NSU Undergraduate Law Journal

The pervasive influence of social media platforms extends far beyond digital interaction, shaping human behavior, manipulating democratic processes, and exploiting user data with minimal oversight. Through the attention economy, these platforms employ algorithms designed to maximize engagement at the expense of users’ autonomy, fostering addiction and cognitive dependency. Manipulative terms and conditions further entrench corporate control, binding users to contracts with the very companies that obscure the extent of data collection and limit legal recourse. The Cambridge Analytica scandal laid bare the dangers of unregulated data harvesting, demonstrating how personal information can be weaponized for political and economic gain.

Beyond …

Discussing The Unconstitutionality Of The Dual Sovereign Doctrine, Kaden Collorafi

NSU Undergraduate Law Journal

This paper critically examines the United States Supreme Court’s long-standing endorsement of the Dual Sovereignty Doctrine, which permits successive prosecutions by both state and federal governments for the same underlying conduct. Rooted in dicta from Moore v. Illinois and formally adopted in United States v. Lanza, the doctrine, in the author’s opinion, has repeatedly undermined the Double Jeopardy Clause of the Fifth Amendment. Despite the incorporation of this clause to the states through the Fourteenth Amendment in Benton v. Maryland, the Court has maintained the doctrine on grounds of judicial practicality and sovereign independence.

Through an in-depth review …

Commencement Program - Seton Hall University School Of Law Class Of 2025 Commencement Exercises

Graduation

No abstract provided.

Professional Roles Expanded: Holistic, Systemic, & Optimistic Lawyering, Douglas B. Ammar

Mercer Law Review

Last night’s keynote speaker—Mary Smith—suggested that there is often a connection between working with individuals (i.e., being an advocate) and seeking systemic change.1 Those connections rarely occur at the same time, during the same transactions. They seldom overlap They might not even be sequentially connected in time, but they are connected. One prepares you for the other—direct service lays the groundwork for system change.

For the first twenty years of our organization’s history, we focused solely on individual representation—on being someone’s lawyer as they faced a criminal charge. We did that work, and continue to represent individuals, in an iconoclastic …

Money For Nothin’, Gifts For Free: The Supreme Court Differentiates Between Bribes And Gratuities In Snyder V. United States, Seth Lewis

Mercer Law Review

The Supreme Court of the United States determined that the federal bribery statute regarding state and local officials did not include gratuities in Snyder v. United States. In Snyder, James Snyder was convicted of accepting an illegal gratuity under 18 U.S.C. § 666 and appealed his conviction. The Court’s decision addressed the split in the United States Courts of Appeals regarding whether 18 U.S.C. § 666 criminalized gratuities, payments made after an official’s act without a prior agreement, along with bribes, payments made with a prior agreement. The Court held that 18 U.S.C. § 666 only criminalized bribes and did …

Good Faith, Bad Faith, And Ugly Tactics: Bad Faith In Modern Insurance Litigation, John M. Forbes

Mercer Law Review

This Article seeks to explain bad faith in insurance litigation. Its purpose is to provide a general overview of the cause of action, as well as outline some of the nuances which make bad faith difficult to litigate for all involved. In this Article, Part III will introduce the general idea of the cause of action and discuss some of its history. Part IV will discuss the mechanics, including: first and third-party claims, procedural prerequisites, the origins of a claim, whether insurers must pay a claim to avoid bad faith, assignment, damages, and summary judgment. Part V will explain why …

The Ambiguity Rule: Pennhurst, Dole, And The American Rescue Plan Act, Damiano Servidio

Seton Hall Law Review

No abstract provided.

The Lawyer As Counselor, Joan Macleod Heminway, D'Andrea Morning, Ben Parrish

Mercer Law Review

Remarks from the Lawyer as Counselor panelists from the Mercer Law Review Annual Symposium, which was entitled Parts of a Whole: The Multiple Roles of the Lawyer and Professional Identity (Oct. 4, 2024). A recording of The Lawyer as Counselor panel may be found online at the following link: https://www.youtube.com/watch?v=Iixbw77DW_I [https://perma.cc/NQ4X-MW43]. Each of the panelists’ full biographies may be found online at the following link: https://guides.law.mercer.edu/ld.php?content_id=78269490 [https://pe rma.cc/CAY7-MQUX].

Current Events In Legal Classrooms: Enhancing Professional Identity Formation, Stevie Leahy

Mercer Law Review

In the Fall of 2023, educators were surveyed on their inclusion of “current events” in classroom spaces (“CE Survey”). The term current events was broadly defined as: “events that are happening in the world, including recent legal decisions (U.S. or global), political events that impact the operation of the legal system, and/or social events that impact your community. This definition is intended to be inclusive.” Based on nearly 100 responses, the results indicate that while the large majority of educators agreed that incorporating current events into instruction is vital, there are still many barriers to responsible inclusion of this type …

Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport

Mercer Law Review

In my antique desk, at the far back of the big hard-to-open drawer, sits a large brown envelope. The envelope holds about forty years’ worth of thank-you notes to me. Some from clients. Some from coworkers. Some from students. Why do I keep them? Maybe I will be able to answer that question by the time I finish writing this Article. As I write this Introduction, I’m not sure. I don’t specifically remember each card or letter, but a couple do come to mind. They do so with blazing clarity. One is from my high school English teacher, Mrs. Severns. …