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Table Of Contents

Journal of Law and Government

No abstract provided.

The Impact Of Artificial Intelligence On Strengthening Democracy, Lect. Dr. Majid Hamed Faraj, Lect. Dr. Mahmood Noori Matlab

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The research aims to examine the impact of artificial intelligence on promoting democracy and the associated challenges. Using an analytical approach, the findings suggest that AI can improve the accuracy and objectivity of information, contribute to strengthening the rule of law and public opinion analysis, and play a role in the legitimacy of elections by ensuring their integrity. However, the findings indicate that overreliance on technology may weaken direct interaction between government and citizens and negatively impact individual rights. There are also risks related to the collection of voters’ personal data and the unethical exploitation of AI. The study suggests …

The United States Intervention In Iraq After 1990 And Its Legitimacy From A Humanitarian Legal Perspective, Asst Lect. Saad Majed Abdulhussein Jabbar Al-Izza

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

When God Almighty created man, He created him in the best manner, and honored him and favored him over many of his creatures. Despite this, man spent a lifetime on the face of the earth that was never free of persecution and the loss of dignity and rights, and all of that was the handiwork of man himself, except that the good conscience within Humans. He never accepted human aggression against one another, so they strove to codify the necessary protection against injustice, arbitrariness and tyranny. This conscience was consistent with what God honored his creation with and was reinforced …

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

The Right To A Stable Climate: Common Law Remedies And Constitutional Protections In Washington State, Ella Koscher

Washington Journal of Social & Environmental Justice

The climate crisis touches every corner of the globe. Climate

change exacerbates the intensity of natural disasters, droughts, floods,

and wildfires, and accelerates sea level rise, desertification, habitat loss,

and species extinction. Billions of people, including millions of U.S. residents,

are currently highly vulnerable to these impacts. The science has

long established that greenhouse gases from fossil fuel use and production

are a main driver of climate change, and the largest source of greenhouse

gas emissions in the U.S. derives from our fossil fuel-based energy

system. Various oil and gas companies produce, advertise, and distribute

fossil fuels in the U.S., …

Front Matter, Washington Journal Of Social & Environmental Justice

Washington Journal of Social & Environmental Justice

No abstract provided.

Front Cover, Washington Journal Of Social & Environmental Justice

Washington Journal of Social & Environmental Justice

No abstract provided.

Le Régime Juridique De La Filiation Illégitime Au Liban : Contribution À L'Étude Du Droit De La Famille, Adeline Sfeir

Proche-Orient, Études juridiques

No abstract provided.

Intellectual Humility By Design: How Courts Earn Legitimacy And Improve Decisions, Steve Leben

Faculty Works

Courts decide disputes as one branch of our government. Their authority depends not only on getting the outcome right but also on public acceptance of their authority. In a time when confidence in institutions is under pressure, courts cannot assume that legitimacy will take care of itself. They must earn it—case by case—through both the substance of what they decide and the way they exercise authority in public view.

A large body of procedural-justice research explains one side of that equation. People are more willing to accept court decisions, even unfavorable ones, when the process communicates voice, neutrality, respect, and …

Real Promise For False Claims: A Whistleblower Litigation Strategy To Reward Investigative Journalism, Frank D. Lomonte

Washington Law Review

Every year, investigative reporters uncover stories of waste, fraud, and corruption, alerting the government to taxpayer ripoffs that had previously gone undiscovered or ignored. For decades, non-journalists have been reaping windfall rewards—sometimes in the millions—by using false-claims statutes to bring whistleblower actions on the government’s behalf. With news organizations struggling for their economic survival, and efforts to secure alternative financial support through government bailouts faltering, is it time for journalists to seek a share of the money they recoup for taxpayers by becoming plaintiffs?

This Article explores the possibilities, and downside risks, of using the federal False Claims Act, and …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How Deals Die, Da Lin, Morgan Ricks

University of Chicago Law Review

The risk of deal breakage is central to merger and acquisition (M&A) dealmaking. Yet neither the finance nor corporate law literatures have systematically explored how and why deals fall apart. We rectify this deficiency, making three principal contributions.

First, we develop a comprehensive typology of eight M&A outcomes:
completed-as-announced deals and seven types of deal breakage. This precise mapping provides both positive and normative payoffs. Apart from revealing the multifaceted ways in which announced deals can be disrupted, we detail the starkly differing implications for the merging parties associated with each outcome type and thus illuminate why incorporating outcome heterogeneity …

Addressing The Stale Line Of Sports-Betting Behavior: Examining The Economic Shortfalls And Tax Solutions In Legalizing Sports Betting, Peyton Rameas

Vanderbilt Journal of Entertainment & Technology Law

Sports betting is a form of gambling that does not suffer from the same negative social stigma as casino gambling despite its equally addictive properties and damaging impact on household consumption. While sports betting was previously banned in most of the United States, following the Murphy v. National Collegiate Athletic Association decision, which empowered states to regulate sports betting within their borders, a wave of states that previously banned all forms of sports betting legalized the practice. Unsurprisingly, this rapid legalization of sports betting was accompanied by a flurry of statewide regulations, leading to disparate consumer protection across the states. …

Turning The Tide: Reforming Western Water Law In The Age Of Ai Infrastructure, Rhyma Asim

Vanderbilt Journal of Entertainment & Technology Law

The rise of generative artificial intelligence (AI) has fueled a global race to construct increasingly powerful supercomputers and data centers. Yet, the legal infrastructure meant to regulate these water-intensive projects remains dangerously underdeveloped. Current water law principles in prior appropriation states only further exacerbate this concern. This Note suggests that reform of water law principles can provide a framework for regulating AI data centers’ water consumption in order to protect societal interests during the global AI race. While data centers present beneficial technological advancements, their lack of transparency regarding water consumption presents concerns for local communities suffering from the numerous …

Patent Law's Trade Remedy, Michael L. Doane

Vanderbilt Journal of Entertainment & Technology Law

Although a trade remedy, not an intellectual property rights statute, Section 337 of the Tariff Act of 1930 plays an important and controversial role in the enforcement of intellectual property rights in the United States. As a trade remedy, Section 337 is designed and intended to promote innovation and investment in the United States through support of statutorily defined domestic industries against unfair competition from infringing imported products. This Article analyzes Section 337 as a trade remedy from the perspective of intellectual property rights owners and innovators such as start-up companies, universities, individual inventors, and other research and development-focused entities. …

Accessibility In The Edtech Era: The Growth In Implementation Oflearning Technologies And Thestudents Who Are Left Behind, Madeleine Braksick

Vanderbilt Journal of Entertainment & Technology Law

Educational Technology (EdTech) has gained popularity in recent years, enabling distance learning and connectedness across school districts, and among students, teachers, and families alike. However, vague or nonexistent standards for regulating these technologies have led to students with rights to special education services not having those services upheld to the same standard as traditional educational mechanisms. While the Individuals with Disabilities Education Act (IDEA) has been modified over time to form heightened standards for making education appropriate for all students, it has consistently fallen short in its regulation of both assistive and educational technologies. This Note explores the consequences of …

Presidential Noncompliance And Judicial Response: A Two-Branch Dialectic, Seth Waxman

Washington Law Review

No abstract provided.

Seqra Developments: Amendments To Ease Housing Construction, Revised Regulations, New Cases, Michael B. Gerrard

Faculty Scholarship

In the hopes of easing the housing shortage, on May 26 the New York Legislature passed and Governor Kathy Hochul signed a bill that will exempt many multifamily housing projects from the State Environmental Quality Review Act (SEQRA).

A month before, the New York State Department of Environmental Conservation (DEC) issued regulations on protecting disadvantaged communities, and took steps to require more discussion of climate impacts under SEQRA.

Feedback Loops: What Am I Missing?, Patrick Barry

Articles

In May, 2024, The Wall Street Journal published an article titled “For Conversations You Dread, Try a Chatbot.” Here are the opening lines: Many people worry about the outsize role that AI may eventually play in our lives. But what if employing an AI program could actually help us with issues that cause fear and anxiety? We’ve found that it can be a surprisingly effective tool for figuring out how to approach emotionally charged conversations.

Good Intentions, Mixed Messages: Considering Mental Health In Attorney Discipline, Sarah J. Schendel

Suffolk University Law School Faculty Works

The legal profession urges struggling lawyers to seek help—but what happens when those same lawyers become the subject of discipline? As mental health challenges among lawyers become more widely acknowledged and understood, the disciplinary systems that govern the profession remain uneven and opaque in their treatment of mental health as a mitigating factor. This Article presents the first comprehensive review of over a decade of disciplinary decisions and admonitions in Massachusetts, focusing on how mental health is considered during sanctioning and whether current standards meaningfully reflect the profession’s stated commitments to fairness, public protection, and attorney well-being.

The analysis reveals …

Changing The Definition Of Medical Expenses To Include Preventative Health: The Phit Act, Amy Bantham, Tom Richards, Mike Goscinski

UMKC Law Review

No abstract provided.

Should All Entry Points To Wellness Be Regulated Equally? What Mapping Existing And Emerging Entry Points Reveals, Tanya E. Karwaki

UMKC Law Review

No abstract provided.

The Wellness Data Conundrum: Privacy, Power, And Regulation Beyond Hipaa, Gary Hsuanyu Liu

UMKC Law Review

No abstract provided.

Wellness Influencer Scienceploitation: An American Medicine Show Revival, Jennifer D. Oliva

UMKC Law Review

No abstract provided.

Science-Related Rhetoric And Action By United States Presidents From 1977-2017, Amanda E. Shea

Interdisciplinary Studies

Presidential rhetoric and executive action have played an important role in shaping how scientific issues are presented to the American public. This project examined how United States presidents from Jimmy Carter through Barack Obama (1977–2017) employed science-related rhetoric and policy regarding climate science and reproductive health. Findings suggest that reproductive health remained a partisan issue throughout the study period, while climate science shifted from a largely bipartisan concern to a more partisan one over time. The results also indicate that presidential rhetoric and executive action were not always aligned, with several administrations using science-related rhetoric more extensively than corresponding policy.