Digital Commons Network^™

Forum Selling As A Threat To The Rule Of Law, Brian Iverson

FIU Law Review

Forum shopping has long been a feature of federal litigation, but recent years have brought a more troubling dynamic in which federal courts compete for cases by “forum selling.” Judges engage in forum selling by adopting plaintiff-friendly procedures, reliably issuing plaintiff-leaning decisions, and publicly soliciting certain types of cases. These practices transform localized procedural discretion into a structural risk for the federal judicial system.

This Article makes two novel contributions to the federal forum-selling literature. First, it expands the discussion beyond bankruptcy and patent practice to examine ideological influences. Drawing on empirical scholarship and illustrative judicial profiles, the Article identifies …

Carceral Schools: Black Geographies Of Confinement, Surveillance, And Policing, M. Alex Evans

FIU Law Review

This Article charts the deeply entrenched traditions of policing, containing, and surveilling blackness throughout this Nation’s history, with particular focus on Black students and schools. It provides school discipline data demonstrating the perpetual racial, gender, and ability disparities that Black students face decade after decade. It employs Black Geography as a theoretical framework to analyze school as a spatial and racial experience for all youth. This reading of carceral schools as Black geographic terrains of struggle expands the notion of school policing beyond dominant ideations which are largely limited to law enforcement officers in schools. It highlights the extent to …

Data Breaches, Causation, And Constitutional Standing, Anthony Palermo

FIU Law Review

This Article examines the causation requirement of Article III standing in modern data breach litigation. It argues that federal courts have systematically diluted constitutional limits on judicial power by presuming traceability where none exists. While data breaches are ubiquitous and alarming, the Article contends that the mere occurrence of a breach—and even an injury—should not itself establish a justiciable case or controversy. Drawing on foundational separation-of-powers principles, the Article situates the standing doctrine as an essential mechanism of judicial self- restraint—one that prevents courts from reflexively adjudicating societal fears untethered from any fair attribution to the defendant before the court. …

Digital Dialectic: Why Every “Ai-Generated” Work Has A Human Author, Lea Bishop

FIU Law Review

Are ChatGPT and Midjourney tools or creators? Ownership of billions of AI-assisted creative outputs hangs in the balance. Copyright scholars have long debated whether an autonomous artificial intelligence could qualify as an author, but this remains a hypothetical question. Despite widespread application of the term “AI” to software products of the 2020s, autonomously creative artificial intelligence still does not exist. Today’s commercial AI products—such as ChatGPT, Midjourney, Dall-E, Copilot, Gemini, Claude, Suno, Perplexity, and Lumo—are simply the newest generation of computer software. They do not qualify as “artificial intelligence” in either the scientific or science fiction senses. They are mere …

Owning Data: Semantic Control As Inaccess To Information, Zvikomborero Chadambuka

FIU Law Review

This Article discusses the impacts of the introduction of a data ownership scheme on access to information. It does so with reference to the distinction between data, defined as some representation of information by a specific medium (the syntactic level), and the information itself (the semantic level). With respect to data, it then looks at the difference between standard property rights and intellectual property (IP) rights, similarly assessing impacts on access to information. Private control at the semantic level is bad policy as it effects particularly serious limitations, relative to private control at the syntactic level, on the availability of …

Cruel And Unusual Punishments And The Constitutional Status Of The Idea Of Progress, R. George Wright

FIU Law Review

To this point, we have developed some idea of what progress might have meant to the constitutional Framers, ratifiers, and later judges. We need not attempt the fruitless task of doing any precise head count of the variations of the concrete meaning, perceived likelihood, or value of progress among those parties. Doubtless some persons were more optimistic than others.178 But we need only assume that enough constitutional Framers, ratifiers, and judicial interpreters sufficiently shared any mainstream understanding of progress. Any such constitutional legitimacy of the idea, or the multiple ideas, of progress licenses the language of progress embraced in Trop.

Table Of Contents, Fiu Law Review

FIU Law Review

No abstract provided.

Crypto Kleptocracy, W. Robert Thomas, Jeffery Y. Zhang

Michigan Law Review Online

Many Americans are worrying about whether they will soon be living in a postdemocracy autocracy. But in the meantime, they may already be living in a crypto-fueled kleptocracy. Less than one year into his second presidential term, Donald Trump has reportedly taken his wealth to new heights by embracing, both as a businessman and a politician, the crypto industry. Trump’s family businesses are involved in minting Trump-themed meme coins, creating America- themed stablecoins, and mining crypto assets—so successfully that most of Trump’s wealth is likely now from crypto, not real estate. All the while, the Trump Administration is rolling back …

Governing Ai Without Agencies: Self-Regulatory Organizations And The Federal Backstop, Aram A. Gavoor

GW Law Faculty Publications & Other Works

Artificial intelligence is accelerating American innovation and strategic advantage. The governance task is to provide predictable compliance baselines that support scale and competitiveness while remaining workable under executive branch policy, statutory baselines, and the rules that now govern the administrative state. Congress remains slow and factional, and agencies face rising procedural and remedial constraints. Recent Supreme Court doctrine has reduced the administrative state’s interpretive and enforcement leverage. Regulated entities can challenge agency rules when those rules newly impose concrete harm, litigate statutory meaning without Chevron-style mandatory deference to agency statutory interpretations with limited exceptions, and invoke strengthened procedural safeguards in …

The Evolution Of School Accountability In Virginia: Research, Early Results, And Implications For Policy And Practice, David Naff, William L. Parker, Meleah Ellison, Amy Bollt, Andrea Herndon, Paula Muente Mizushima, T'Airra Belcher, Lauren Grob, Lindsay Duncan, Kelly Denny, Emily Leavitt, Gyun Min Jung, Theresa Thompson, Sandra Rucker, Meredith Collier, Jamelle Simmons, Samantha Hope

MERC Publications

This MERC research and policy review focuses on the School Performance and Support Framework (SPSF), Virginia's school accountability system. It synthesizes relevant research literature, student outcome data, and information about accountability systems in other states to provide context, projections, and potential next steps for the SPSF. It concludes with implications and recommendations for state policymakers and education leaders, school boards and division leaders, and school leaders and educators.

The Future Of Crypto-Asset Regulation Under Wto Law, Ines Willemyns

Vanderbilt Journal of Transnational Law

No abstract provided.

A Dose Of Accountability: Fixing Treaty Enforcement To Combat State Complicity In Transnational Illicit Fentanyl Trafficking, Caitlin Sharma

Vanderbilt Journal of Transnational Law

The international fentanyl crisis underscores significant gaps in treaty enforcement, particularly with state accountability for drug manufacturing and export practices leading to illicit fentanyl trafficking. Despite preventive measures established by United Nations drug conventions, legal loopholes in these provisions impede meaningful cooperation between state parties. This Note uses key countries, including the United States, Canada, Mexico, China, and India, as case studies in both producing and receiving fentanyl and its precursors. It evaluates current proposals to mitigate the crisis, such as enhanced international cooperation and the potential expansion of the International Criminal Court’s jurisdiction. However, these solutions remain insufficient due …

Exploit Machina, Andrea Matwyshyn

Faculty Scholarship

Over half a century ago, Hannah Arendt cautioned us to “think what we are doing” when we build new technologies. Engaging with her counsel and a set of historical case studies, this Article frames what it calls exploit machina problems. Exploit machina refers to situations where broken technologies and broken governance combine to irreparably harm the public. In other words, exploit machina involves organizational choices to knowingly leverage technology as part of legally problematic conduct, including various forms of fraud. In the language of data science, exploit machina situations implicate strategic decisions in building and managing artificial intelligence (AI); they …

Crypto Exchanges In Market Regulation, Yesha Yadav

Vanderbilt Law Review

The cryptocurrency market has proven notoriously challenging to regulate despite a decade during which it has gained in economic size, sophistication, and cultural impact. Even as repeated crises have left ordinary savers wiped out, regulation has shown itself to be woefully absent as a means of mitigating risks ex ante or helping cover the cost of damage ex post. This Article looks to break this deadlock by proposing a tried-and-tested solution: It argues that regulators should task crypto exchanges with providing oversight as self-regulatory organizations of the crypto market in which they play an anchoring role. It offers three supporting …

Application Paths Of Semantic Modeling In Financial Fraud Detection And Risk Identification, Victor P. Gauthier, Daniel S. Wu

Computer Science Faculty Publications

Financial fraud and risk pose significant threats to economic stability and individual well-being. Traditional detection methods often struggle to keep pace with increasingly sophisticated fraudulent schemes. Semantic modeling, which focuses on understanding the meaning and relationships within data, offers a promising avenue for enhancing fraud detection and risk identification. This review paper explores the application paths of semantic modeling in this domain. We begin with a historical overview of fraud detection techniques, highlighting the limitations of traditional approaches. Subsequently, we delve into core themes, including knowledge graph-based fraud detection and semantic rule-based inference for risk assessment. We then compare and …

The Deregulation Of Cancer, Daniel G. Aaron

Utah Law Faculty Scholarship

Fifty years ago, the U.S. embarked on a radical new path. Under pressure from the environmental movement, Congress passed an array of statutes aimed at regulating carcinogens out of our world. This regulatory experiment sprawled from air and water to food and consumer products.

Legal scholars have paid scant attention to this wave of cancer regulation despite its size and importance and the public’s apparent interest in avoiding carcinogens. But there is a growing literature finding flaws with individual regimes within the framework, such as the Clean Air Act, the Toxic Substances Control Act, and the Tobacco Control Act. In …

The Crisis In U.S. Cancer Care: Law, Markets, And Privatization, Daniel G. Aaron

Utah Law Faculty Scholarship

Cancer is surging among youth and young adults in the U.S., yet instead of public regulation addressing its root causes, we have outsourced the management of cancer to the private sector.  A suite of laws, embodying faith that corporations will cure cancer, has subsidized the cancer biomedical enterprise and transformed quasi-public institutions into marketized, profit-seeking entities.  These changes, across patent law, healthcare law, innovation law, and Food and Drug Administration (FDA) law, have privatized cancer. 

The market failures I describe in U.S. cancer care raise larger questions about who we entrust with managing critical social problems.  This Article provides theoretical …

When We Don’T Get Community Right In Restorative Justice Spaces: Cancel Culture And Failure To Transform, Aparna Polavarapu

Scholarly Works

This Article argues that community is a central but deeply misunderstood feature of restorative justice. Restorative justice asks us to understand harm as a break in relationship that creates obligations for the person harmed, the person who caused harm, and the community. Community is theorized to play a key role in working towards reintegration and social change, both goals of restorative justice. Yet in practice, community is often misused or underused in ways that weaken these goals. Practitioners are observing an increase in cancel culture actions by groups that claim affinity with restorative and transformative justice. However, by weaponizing the …

Bibliography On Indigenous Rights In Canada, 1995-2025, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

The Intertemporal Law Doctrine’S Application To The Acquisition Of Colonies In The Americas, Kent Mcneil

All Papers

The intertemporal doctrine provides that international disputes have to be resolved in accordance with the international law that existed at the time the events giving rise to the dispute took place, not at the time the matter is adjudicated.1 It is thought to be impermissible to apply current standards to events that occurred in the past when different legal principles and rules were the norm. This doctrine applies as much to acquisition of colonies as to other international issues.2 So in order to determine whether a European nation acquired sovereignty over an overseas territory, it is necessary to determine and …

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney

Books, Reports, and Studies

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down in disagreements about delivery obligations, sharing shortages, and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already being compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal Nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more …

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

The New Neccesity, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

According to the U.S. Supreme Court, cities are free to criminalize homelessness. The 2024 case City of Grants Pass v. Johnson is the most important homelessness case in decades and was a significant blow to advocates for the unhoused. The conservative majority rejected the idea that city ordinances criminalizing sleeping in public amounted to cruel and unusual punishment insofar as they penalized status. There is no sidestepping the loss. But within the faint glow of the embers of the oral argument and of the decision itself, there is the possibility that a new understanding of necessity, supported by the same …

Health Law: Incremental Innovation, George Horvath

The Judges' Book

Transformative medical innovations—the ones that disrupt the world—command the lion’s share of attention. But the vast majority of innovations are incremental—the result of small modifications made to existing products. The process of incremental innovation tends to be highly iterative, with products being modified again and again. Over time, dozens or hundreds of small changes can accumulate to the point where contemporary technology bears little resemblance to the technology of years or decades before.

In the field of medical devices regulated by the Food and Drug Administration (FDA), incremental innovation accounts for roughly 99% of new devices. On the upside, incremental …

Designed Lands©Apes—Ar©Hitecture, Sculpture, Visual Art, Shape, Pi©Torial Work, Or . . . Nothing At All?, Richard H. Chused

Articles & Chapters

This article arises from the saga of the construction and eventual destruction of a landmark landscape architectural work by the well-known artist Mary Miss that was constructed adjacent to the Des Moines Art Center called Greenwood Pond: Double Site. The project’s demise is emblematic of the remarkably ambiguous copyright problems that surround such artistic creations. They do not neatly fit into any category of copyrightable works. Though they may contain sculptural works, their overall designs are rarely totally sculptural. While architects typically draw plans and “sculpt” a landscaped space, the results usually are not “buildings,’ as required by the definition …

Cecil Maxwell Deason Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains personal papers and photographs from Alabama state trial court judge and assistant solicitor Cecil Maxwell Deason from his times serving in the Pacific theatre of WWII, on the bench in Jefferson county, and in the solicitor's office.

Howell Thomas Heflin Collection, University Of Alabama School Of Law

Manuscript Collections

The Howell Thomas Heflin Collection documents Heflin's years as legal reformer and Alabama State Supreme Court Chief Justice, as well as his tenure as United States Senator through press clippings, scrapbooks, speech files, audiotapes, videotapes, press releases and statements, newsletters and various printed materials, photographs, negatives, campaign materials, and memorabilia.

Thomas W. Christopher Collection, University Of Alabama School Of Law

Manuscript Collections

This collection includes administrative items regarding UA's School of Law and various personal items and notes from Dean Thomas W. Christopher.

Mirza Anwer Beg Collection, University Of Alabama School Of Law

Manuscript Collections

This collection consists of a large number of books, files, photographs, and notebooks on topics ranging from Islam and Islamic/Arabic themes to poetry and art as well as topics on law, diplomacy, history, and philosophy.