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Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.

The Proper Structure Of Dormant Commerce Clause Review, R. Randall Kelso

Tulsa Law Review

No abstract provided.

The Automated Fourth Amendment, Maneka Sinha

Faculty Scholarship

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …

What Roosevelt Did To Brown V. Board Of Education, Or Race And Court Packing, Jill M. Fraley

Scholarly Articles

Roughly one-third of American schools remain segregated. Scholars have offered a variety of explanations, mostly social and cultural, but sometimes legal, for why desegregation did not proceed effectively after Brown v. Board of Education. This Article articulates a less expected and previously undocumented cause: President Roosevelt's prior attempt at court packing slowed--even derailed--desegregation.

The story of what Roosevelt's court packing did to make the work of integration harder is a cautionary tale, particularly for those who want to alter the U.S. Supreme Court now in furtherance of a modern cause. The only reasonable route for reforming the Supreme Court must …

Antitrust Law For Blockchain Technology, Seth C. Oranburg

Law Faculty Scholarship

Applying traditional antitrust law to the modern world wide web could break the internet. Lina Khan, the FTC’s current chair, is pushing for enhanced antitrust enforcement to break up Big Tech, seemingly based on the assumption that antitrust law is the right tool for ensuring a free and equitable internet. This assumption may be in error, and this Article seeks to explain why. Antitrust doctrine originally developed from a law enacted 130 years ago to deal with monopolist “robber barons” like Standard Oil. Since 1890, the structure of markets has changed. Today’s information markets through the internet are much different …

The Bias Presumption, Bradley A. Areheart, Dave Hall

Scholarly Works

The American workplace is a fractured sphere of public life, in which white men often wield power at the expense of women and people of color. However, that power imbalance is no longer fully imbued with the active animus that characterized the first few centuries of American life; now, much of the damage done by discrimination is done structurally and implicitly. Consequently, the operation of bias and disadvantage is often invisible to employers and employees alike. The problem of discrimination in American life is thus larger and deeper than a few bad actors, and it will be impossible to solve …

Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars

Journal of Legislation

No abstract provided.

Crowdsourcing Surveillance, Chaz Arnett

Faculty Scholarship

In Unreasonable: Black Lives, Police Power, and the Fourth Amendment, Devon W. Carbado illuminates how both the spectacular and quotidian forms of racialized terror, brutality, and surveillance—characteristic of enslavement—have shaped the construction of our constitutional order. He argues that the combined social normalization and legal naturalization of racial hierarchy paved the way for the development of slave patrols and other early iterations of policing where incredible acts of violence against Black bodies were made ordinary and essential. He explains how this legacy continues today with Fourth Amendment jurisprudence not simply failing to protect rights but rather licensing police violence …

An Information Theory Of Intentional Trademark Infringement, Jake Linford

Scholarly Publications

Critiques of the intent inquiry in trademark likelihood of confusion cases are somewhat misguided in light of theories about how information is transmitted in communication systems. Properly calibrated legal systems can incentivize better information flow and appropriate behavior by commercial actors using information forcing default rules. This Article considers trademark law's information transmission function in light of legal theories about the efficiencies captured through information forcing rules, as well as Claude Shannon's information theory, which provides a model for information transmission and important insights for how to optimize the signal-to-noise ratio in the commercial market. Defendants who run afoul of …

Increasing Transparency Within City Government Using Blockchain Technology, Jennifer Ayala

Featured Student Work

When the news or a friend mentions blockchain technology, is it typically always referenced in the context of cryptocurrency? While cryptocurrencies do rely on blockchain technology to record financial transactions between people and businesses,

1 government agencies have begun testing how blockchain technology could improve the lives of constituents.2 A notable advantage of implementing blockchain technology within government, however, is that it has the possibility to prevent corruption due to its very nature.3 The City and County of San Francisco has been the latest victim of government corruption in recent years,

4 with the most recent scandal involving the indictment …

Empowering Kokal: A Decolonized, Community-Led Development Model In Homa Bay County, Kenya, Kennedy Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …

Power Centres: A Collaborative Development Proposal For Addressing Poverty And Related Challenges In Rural Communities In Kenya, Kennedy Okello Miruka, Kennedy Okello Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …

Detriments To Effective High School Teaching In Kentucky, Christopher Wallace

Mahurin Honors College Capstone Experience/Thesis Projects

This quantitative study examines Kentucky public high school teachers’ perceptions regarding the detriments they and their students face when striving to effectively educate and learn. Data was collected by surveying public high school teachers from across the Commonwealth (n=453). Using Likert-style scales, the survey captures the barriers most detrimental to their students’ assessment outcomes. Concluding questions sought additional personal experiences to elaborate findings. 2023 Kentucky American College Test (ACT) scores represent the dependent variable in the ordinary least squared regression models. Further information regarding administrative effort and points of view was gathered through interviews with four Commonwealth Superintendents. This study …

Win-Win Environmental Regulations For Crypto Mining: Developing A Regulatory Program That Reduces Environmental Harm And Promotes Innovation And Competition, Bradley R. Finney

Scholarly Works

The crypto space is a rapidly growing industry with a rapidly growing carbon footprint. The industry’s expanding energy use has sparked a vigorous debate over whether and how best to regulate crypto mining’s environmental effects. The Biden Administration and many members of Congress have studied the industry’s environmental impact and concluded that there should be environmental regulations for the industry. Regulation, however, faces an obstacle in the form of concern that regulation may unduly stifle innovation and competition within the industry. This is a major reason why Congress has yet to enact environmental regulations for crypto mining.

This Article proposes …

Existential Advocacy: Lawyering For Ai Safety And The Future Of Humanity, John Bliss

Sturm College of Law: Faculty Scholarship

Lawyers have played a central role in a wide range of social movements aiming to provide legal voice to marginalized communities. How might this tradition of social-change lawyering apply to the protection of future generations— a population that cannot advocate for themselves? This is a pressing question in the movement to mitigate “existential risk,” which refers to events that would foreclose a meaningful existence for future generations either through human extinction or irreversible trajectories of human suffering. Over the past two decades, an Oxford-based academic community has been researching existential threats that could arise from emerging technology, such as advanced …

The Cost Of Compensation: A Novel Licensing Platform For Digital Content Poses Unique Compromise For Artists And Generative Ai Developers, Liberty R. Smith

UIC Review of Intellectual Property Law

No abstract provided.

Measuring Clarity In Legal Text, Jonathan H. Choi

University of Chicago Law Review

Legal cases often turn on judgments of textual clarity: when the text is unclear, judges allow extrinsic evidence in contract disputes, consult legislative history in statutory interpretation, and more. Despite this, almost no empirical work considers the nature or prevalence of legal clarity. Scholars and judges who study real-world documents to inform the interpretation of legal text primarily treat unclear text as a research problem to be solved with more data rather than a fundamental feature of language.

This Article makes both theoretical and empirical contributions to the legal concept of textual clarity. It first advances a theory of clarity …

Algorithmic Financial Regulation: Limits Of Computing Complex Adaptive Systems, Shuping Li

American University Business Law Review

This article examines the potential of and limits to the use of machine learning for financial regulation. Ideally, if we could fully understand the financial system and agree on long- and short-term regulatory goals, we would be able to write code that carries out the computation that extracts proper representations from the data and makes correct regulatory decisions. We cannot do this yet because of limited sources of data, the bias brought by human beings and algorithmic models, and the difficulty of improving uninterpretable models. Furthermore, since law is a combination of merits and facts, there are difficulties in establishing …

Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui

Notre Dame Journal of International & Comparative Law

No abstract provided.

Generative Artificial Intelligence: Basic Terminology And Concepts, Kincaid Brown

Law Librarian Scholarship

Generative artificial intelligence (GenAI) has been a hard topic to avoid in the media for more than a year. But what do all of the terms mean and what are areas of concern with GenAI tools?

This column aims to provide a baseline explanation of terminology and concepts that are frequently in the media.

A Case For Clarity: Indication Of Collateral, Veryl Victoria Miles

Scholarly Articles

This article reviews different critiques of scholars and practitioners on the correctness of the Seventh and First Circuit Court of Appeals opinions in First Midwest Bank v. Reinbold, 938 F. 3d. 866, 100 U.C.C. Rep. Serv. 2d (7th Cir. 2019) cert. denied, 140 S. Ct. 1125, 206 L. Ed. 2d 189 (2020) and Financial Oversight & Management Board for Puerto Rico v. Andalusian Global Designate Activity Co. 914 F. 3d 694 (1st Cir. 2019), cert. denied, 140 S. Ct. 47, 205 L. Ed. 2d 29 (2019). These two decisions address the question as to whether an incorporation by reference …

Confronting Ai-Induced Power Disparity And Emotional Disruption: Expansive Duties Of Broker-Dealers And Investment Advisers, Shuping Li, Wei Shen

Northwestern Journal of International Law & Business

The increasing use of AI models in investment services has raised concerns about ineffective responses, power disparity, and investor harm caused by emotional disruption. Generative AI-driven investment service providers often fail to address consumer issues quickly, guiding customers through superfluous and meaningless verbiage or professional terminology in infinite loops without providing an option to talk with a human customer service staff. Customers who are “stuck” in ineffective or inaccurate responses from AI agents may waste time for investors, make poor investment or trading decisions, and the platform may profit from investor rational decision-making owing to investors’ emotional disruption.

This article …

Governing Private Governance, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

After the Supreme Court's opinion in Dobbs rejected an individual right to reproductive choice, many private firms chose to govern reproductive healthcare by covering employee access to abortions. As mass shootings continue to plague the country, some firms have decided to govern firearm safety by discontinuing sales of assault weapons. While the climate crisis continues to upend life on Earth, corporate leaders are engaging in private environmental governance by voluntarily reducing their own emissions, demanding reductions within their supply chains, and pressuring peers and competitors to do the same. Each of these endeavors represents a form of private governance in …

The End Of Consent: Data And The Corporate-Consumer Relationship, Faisal Hijjawi

LL.M. Essays & Theses

Consumer data is largely regulated through the notice-and-choice approach in the United States, which relies on consumer consent. The notice-and-choice approach is rooted in the control theory of information privacy. This paper will argue that the control theory is limited due to its reliance on property law, its breadth, as well as it reinforcing the ‘no privacy in public’ concept. Further, the notice-and-choice approach relies on consent being both free and informed. However, consent cannot be considered free due to the lack of choice and the manipulation exerted on the consumer. Also, consent is not informed as the consumer lacks …

Law As A Liberal Art, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Law is a liberal art. Unfortunately, this fact is often forgotten by legal educators, legal practitioners, and citizens. This collective amnesia does not just pose a problem of proper academic categorization. Our inattention to law’s character as a liberal art of law has a profound effect on the full realization of the rule of law in contemporary constitutional democracies. Reclaiming law as a liberal art is critically important, and this effort should be at the center of our approach to legal education.

In this short essay, I begin by providing a brief overview of what I mean by saying that …

Valuing Social Data, Amanda Parsons, Salome Viljoen

Publications

Social data production—accumulating, processing, and using large volumes of data about people—is a unique form of value creation that characterizes the digital economy. Social data production also presents critical challenges for the legal regimes that encounter it. This Article provides scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production that is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that …

Impossibility Of Artificial Inventors, Matt Blaszczyk

Fellow, Adjunct, Lecturer, and Research Scholar Works

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many the courts all over the world. This Article analyses these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. The Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans in …

Assimilation As A Tactic For Cultural Genocide: Tibetan Children In Boarding Schools, Naeyong Choedon

Emory International Law Review

No abstract provided.

De-Myth-Ifying Laboratory Animal Law: The Truth Behind Four Commonly Misunderstood Facts In Laboratory Animal Welfare Law, Rebecca Critser

Animal Law Review

The subspeciality of laboratory animal law presents unique difficulties because it requires familiarity with two highly specialized fields: law and science. Consequently, it is not surprising that some aspects of laboratory animal law have been misunderstood. This Article highlights four such misunderstandings surrounding laboratory animal law and provides an explanation of the truth behind each myth. The myths discussed include: (1) the AWA is the only federal law applicable to laboratory animals; (2) states are preempted from regulating the laboratory animal space; (3) birds, rats, and mice are not covered under federal law; and (4) the 3Rs are explicitly required …

Regulating Crypto Intermediaries, Eric D. Chason

Marquette Law Review

Early 2024 produced a dramatic rebound in cryptocurrency markets as Bitcoin hit an all-time high price in March 2024. This surge was fueled in large part by judicial and regulatory action. After years of denials and a high-profile defeat in court, the U.S. Securities and Exchange Commission (SEC) finally approved the first exchange-traded funds (ETFs) for Bitcoin in January 2024. Many believe that these approvals will lead to a greater shift of investment funds into crypto. Crypto regulation is not, however, ready for this shift. While ETFs have clear treatment under current law, other institutions lack the same clarity or …