Digital Commons Network^™

Prescribing Plenary Powers:The Evolution And Intersection Of Criminal Andhealth Jurisdiction In Canadian Federalism, Benjamin Perryman

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

Using the Supreme Court of Canada’s recent decision in Murray-Hall v. Québec (Attorney General) as a focal point, this paper tracks the evolution and intersection of the federal criminal law power and the provincial health law power in Canadian federalism cases. Part II of the paper examines existing methods used to prescribe plenary powers, including interpretative narrowing (formalism), expansion of concurrent federalism (double aspect), and purpose review (colourability). The paper shows that the Supreme Court of Canada has applied these prescriptions to the federal criminal law power but rarely to the provincial health law power. Part III looks around the …

Understanding Public Support For Courts In Canada, Erin Crandall, Andrea Lawlor

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

Do Canadian citizens support their courts, and what factors influence that support? While it is well recognized that public confidence in the judicial branch is crucial for its effective functioning, how to measure and analyze this confidence is debated. This article explores how social scientists conceptualize and study trust and perceptions of legitimacy in courts. Using data from the Canada Election Studies spanning 2008 to 2021 and an original survey conducted in 2023, this article provides an overview of the current state of trust in Canadian courts, the known correlates of confidence, and recommendations for maintaining public support. We find …

Health Truth To Power: Professional Collaboration To Bolster Trust Against Misinformation, William M. Sage, Keegan D. Warren

Faculty Scholarship

This Article is about health, leaving aside more general challenges to shared civic information today. The Article begins by surveying the principal challenges for health information in post-pandemic, arguably post-truth America, and then describes briefly the sources and limits of medical professional authority. Noting the double-edged sword of free speech guarantees under the U.S. Constitution, the Article continues by commenting on speaking truth to government, to industry, and to the crowd. Next, the Article considers the physicians’ role in speaking truth to power from the perspective of standard medical professional ethics and identity, comparing it to that of lawyers. Finally, …

Crypto Litigation And Market Efficiency, Robert E. Bishop, Bradford Levy, Frank Partnoy, Daniel Taylor, Andrew Yeh

Faculty Scholarship

This paper investigates, for the first time in the literature, the factors that should matter to courts in determining whether a crypto  market is “efficient,” meaning that prices are sufficiently responsive to information. Based on new empirical evidence and a series of event studies, we recommend a new judicial framework for assessing market  efficiency in crypto litigation.

Market efficiency tests based on event studies have played an important role in other areas of litigation, particularly securities litigation, where courts frequently rely on what have become known as the “Cammer factors.” Academics have not yet assessed the extent to which market …

Confession Contamination And Dna Exonerations, 1989-2025, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

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.

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 …

Cultivating Free Speech Culture, Joseph A. Tomain

Articles by Maurer Faculty

Defending dissent to safeguard speech and political opposition is a challenging and necessary task for a self-governing democracy. Moreover, it is a collective task. Succeeding in this endeavor sometimes requires defending speech with which one disagrees, especially in a nation as pluralistic as the United States. Although imperfect and inconsistent, there are numerous examples where strange bedfellows join together to achieve this goal. While First Amendment law helps us reach the goal, law alone is not enough. We also need a cultural commitment to defending dissent. This Essay argues that cultivating a culture that values robust free speech protection is …

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.

Upr Report Submissions, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

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, …

T.H. V. The Czech Republic: A Step Forward Or Back For Lgbtq+ Rights And Discourse In Europe With The First Openly Non-Binary Applicant?, Katherine Olsson

Human Rights Brief

On December 9, 2025, the European Court of Human Rights (ECtHR) issued a final judgment in the case of T.H. v. The Czech Republic.  The case concerned a non-binary individual, T.H., who was assigned male at birth and, since May 2012, had repeatedly petitioned to change their sex/gender marker and personal numerical code on their national identity card.  Because the Czech system does not provide for the option of a neutral gender marker, T.H. petitioned to have their registered gender changed to female.

Corporate Culpability And The Tragedy Of The Commons: Extraction And Enforcement Schemes In Brazil And Nigeria, Jane Ijeoma Onuoha

Emory International Law Review

Natural resources that were abundant decades ago are now at an all-time low. Meanwhile, corporations continue to benefit from using the Earth and its resources for their profit. Rather than enforcing established legal frameworks designed to protect the environment and human rights, governments often allow corruption, control, and competition to create opportunities for gain through complicity. In countries like the Federative Republic of Brazil and in the Federal Republic of Nigeria, the effects of inaction are taking a toll on the natural resources that each country relies on. Multinational corporations are not held accountable for their corrupt and illegal extractive …

From Russia Without Love: A Unique Path Forward For Western Asset Holders Looking To Recover Expropriated Property In Russia, Anthony Liberatori

Northwestern Journal of International Law & Business

Chelsea Football Club, Sean Baker’s Academy Award-winning film “Anora,” and billionaire parties in St. Barth’s: the rapid rise of Russian capital since the collapse of the Soviet Union has permeated international popular culture and underscores the modern global economy. However, Vladimir Putin’s invasions into Ukraine in 2014 and 2022 have caused the international community — particularly the West — to sanction Russia, challenging its place in an increasingly globalized supply chain, and harkening anti-Russian sentiment not seen since the Cold War. In response to sanctions, Russia has begun nationalizing Western assets left behind within its borders, leaving company owners scrambling …

The Labyrinth Of International Merger Regulation: A Procedural Path Forward, Michael Volkert

Northwestern Journal of International Law & Business

In 1890, the first antitrust law was passed in the United States with the enactment of the Sherman Act. Over the past 134 years, jurisdictions across the globe have passed competition laws. One key aspect of competition law is a regulator’s ability to prevent anti-competitive M&A transactions. More jurisdictions are requiring merging firms to notify regulators prior to completing a merger through a process called pre-merger notification. As more global pre-merger notification laws develop, firms engaged in M&A will be required to file with more regulatory bodies, delaying transactions, increasing costs, and causing comity dilemmas. This Article investigates the current …

Presidential Power And Global Finance: The Rise And Limits Of Financial Warfare, Michael Glanzel

Northwestern Journal of International Law & Business

The president’s power over global financial transactions has become one of the most potent tools in America’s foreign policy arsenal. Since the outbreak of World War I, presidents have frequently employed financial instruments to coerce or punish foreign actors. But it was President Biden’s employment of financial weaponry in the wake of Russia’s invasion of Ukraine that represented the most complex and far-reaching exercise of presidential power in global finance. From weakening the Russian central bank’s access to the dollar market, to cutting off key Russian financial institutions from American lenders, to deplatforming Russian entities from the Society for Worldwide …

Participation Of Non-State Actors In International Climate Change Advisory Opinions, Matei Alexianu, Hannah Sweeney

Case Western Reserve Journal of International Law

This Article offers an analysis of the unprecedented participation of non-state actors (“NSAs”), including nongovernmental organizations, academic institutions, grassroots movements, and individuals, in the three recent landmark international climate change advisory proceedings. After mapping the distinct procedural regimes of the three international fora involved, the Article catalogues the diverse avenues through which NSAs have shaped these proceedings: initiating and coordinating advisory requests, submitting written and oral arguments, supplying scientific and legal expertise, orchestrating advocacy campaigns, and mobilizing post-decision implementation. The Article then identifies the principal benefits of expanded NSA engagement—enhanced representativeness, richer technical inputs, and accelerated norm diffusion—before highlighting the …

From Generation To Generation: Older People And Ageism In Violent Conflict, Alexis Jori Shanes

Case Western Reserve Journal of International Law

Conflicts in every generation disproportionately impact older people. Older people are often unable to exercise their most basic human rights during peacetime, and conflicts only amplify this problem. Despite this reality, international law does not provide specialized protection for older people, and they are often excluded from international justice processes.

International law does not define the term “older,” although the word is often used to describe a group of people roughly age 60 or above. But there is no question that the median age of the global population is rising. Today, there are more than 700 million people older than …

Challenging National Security List Designations In U.S. Courts, Ruowen Shi

Case Western Reserve Journal of International Law

National security list designations have emerged as a prominent feature of U.S. foreign policy, directly targeting individuals and entities through administrative channels. Programs such as the SDN List, the Entity List, and the 1260H List deliberately restrict access to financial resources and critical technologies, functioning in practice as de facto sanctions. These lists span a regulatory spectrum, differing in statutory bases, policy objectives, and severity of consequences, but all share the common feature of making delisting extremely difficult. A series of cases demonstrates that such barriers stem primarily from the limited applicability of the Administrative Procedures Act (APA) in the …

Scaffolding Minimum Age Thresholds, Eve Rips

UIC Law Open Access Faculty Scholarship

No abstract provided.

Behind The Headlines: Media Control In Bangladesh Post July Revolution, Nahida Islam

Human Rights Brief

“I have always written for truth, for peo­ple, and for my country . . . [b]ut today, when I look at my own life, I feel that living by writing the truth is not easy.” The words from Bibhuran­jan Sarkar’s suicide note echo into the minds of all Bangladeshi journalists as fears of retaliation took precedent over the work of informing the public. Journalism in South Asia has always been a toxic balance between writing what is fair versus writing what people in power want you to write. In Bangladesh, the autocracy led by former Prime Minister Sheikh Hasina created …

Corporate Responsibility In Business Dealings With War Criminals, Michael "Mac" Richards

Human Rights Brief

In the Democratic Republic of the Congo (DRC), a decades-long conflict has displaced over fourteen million people, killed over six million, and led to the highest rates of sexual violence among any other nation in the world. The DRC is the source of some of the most valuable resources used in the production of consumer electronics: gold, copper, and cobalt. Militia groups, such as Movement Du 23 Mars (M23) and the Allied Democratic Forces (ADF), are taking advantage of the nation’s vast mineral reserves by seizing control of local mining operations and exporting the minerals through neighboring Rwanda. These minerals …

Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron

Human Rights Brief

This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on analysis of legislation, published reports, UN Special Rapporteur findings, and case files, this Article provides three case studies that demonstrate different stages of an escalating trend towards transnational repression systems. From Kyrgyzstan, where the government has started to develop and implement harmful practices to persecute its citizens abroad, to a more established system in Kazakhstan, where numerous incidents of transnational repression showed …

Visible At Last: Legal Recognition Of Children Born Of War (Cbow) And The Case Of Bosnia And Herzegovina, Ajna Jusić, Gordana Subotić Ph.D.

Human Rights Brief

Children born of war (CBOW) — those conceived through conflict-related sexual violence— have long remained stigmatized, marginalized, and largely invisible in law and policy. Drawing on international scholarship and Bosnia and Herzegovina’s post-conflict experience, this Article examines the social, political, and legal mechanisms that sustain CBOW exclusion and traces the emergence of CBOW as a recognized category within contemporary international legal frameworks. Using Bosnia and Herzegovina as a case study, the Article argues that patriarchal norms, fragmented governance and legal structures, and decades of institutional silence have profoundly shaped CBOW lived experiences and access to rights. Furthermore, the Article assesses …

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

Full Issue, Wyoming Law Review Editorial Board

Wyoming Law Review

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 …